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Is YOUR Pond A Breeding Ground For Pesky Midge Flies?

Is YOUR Pond A Breeding Ground For Pesky Midge Flies?

  • Posted: May 14, 2020
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Midge Fly Control
An Integrated Management Approach

 

Lakes, ponds and wetlands are valuable resources for boating and recreation, fishing, drinking water, stormwater collection, aesthetic beauty and wildlife habitat. But they also serve as common breeding grounds for pesky insects like aquatic midge flies, often referred to as “midge bugs” or “blind mosquitoes.” Midge flies belong to a very large and diverse family of aquatic insects. While often thought of as the “cousin” of mosquitoes, midges don’t bite, sting, suck blood or transmit disease. They can, however, become a terrible nuisance and trigger allergies or respiratory issues.

 

What is a midge? Where are they found?

Midges thrive near aquatic resources because their egg, larvae and pupae stages must occur in water. They have evolved to populate and prosper under difficult environmental conditions commonly occurring in many of our community lakes and ponds that have excessive nutrient loading, murky water, organic muck accumulation and low dissolved oxygen levels. These same water quality problems that favor midges also prevent midge predators such as fish and other aquatic insects from preying on them. This allows midges to form monocultures across a lake’s bottom and reproduce in extremely large numbers often exceeding 40,000 larvae per square meter. 1,000 larvae per square meter is considered the threshold for nuisance levels. Out-of-control midge larvae populations can become a terrible annoyance, inconvenience and even a health hazard to waterside residents when they metamorphose into adult flies.

 

 

Negative impact of midges:

  • Their swarms are attracted to lights around businesses, residential areas, and stormwater systems, which can detract from the enjoyment of outdoor activities.
  • Large populations of midges are known to blanket cars, building exteriors and other surfaces, which can stain or damage them over time.
  • Many communities experience a rapid increase in local spider populations reacting to the midge flies as a food source.
  • Residents find their eaves, porches and windows covered in spider webs full of decaying midges and smelling like dead fish.
  • Typically, midges are the biggest nuisance in the spring and fall when adults emerge from the water surface. However, in many states, particularly across the south and Florida, midge fly season is year-round.

 

An Integrated Midge Management Approach

 

Managing midge fly populations below nuisance levels requires an integrated approach to achieve successful long-term control—starting with bathymetric mapping of the habitat and a professional larvae assessment. Midge larvae surveys are crucial tools to determine which midge species are present and how to effectively manage them.

Blood midge larvae, for example, thrive in bottom sediments and must be targeted with an ingestible larvicide. On the other hand, phantom or ‘ghost’ midge larvae flow freely throughout the water column and are targeted with a growth-regulating hormone that prevents them from becoming healthy adults.

Once larvae surveys are completed, an integrated approach may continue with strategic larvicide treatments to disrupt midge lifecycles, as well as the following management approaches:
  • Balance water quality conditions to prevent algae growth
  • Enhance biological control via predatory fish stocking 
  • Increase circulation and dissolved oxygen levels through aeration 
  • Develop a healthy and diverse shoreline littoral habitat

 

Balance water quality:

  • Ensure stormwater management facilities are within compliance in order to properly divert watershed runoff containing phosphorus, nitrogen and other pollutants.
  • Use nutrient remediation products like Phoslock, Alum or Biochar to help create balanced water quality conditions that are less hospitable to the algae blooms on which midge larvae feed.
  • To eradicate stubborn algae blooms, work with your lake and pond management professional to arrange the application of EPA-registered algaecides.

 

Introduce aeration: 

  • Traditional aeration solutions and new technologies like nanobubbles can be used to naturally increase dissolved oxygen levels, thus accelerating the oxidation of undesirable nutrients – the primary food source that filter feeding midge larvae rely on.
  • Raising oxygen levels throughout the water column will allow predatory fish to attack the larvae population hiding in deeper bottom waters and sediments.
  • Increased oxygen levels can help reduce phosphorus, nitrogen and algae growth, improving the lake or pond’s overall water quality, clarity and beauty.

 

Manage fish populations:

  • Arrange a professional electrofishing assessment to survey your fish population and ensure the proper predatory fish species like Bream and Gambusia are present to feed on midge larvae.
  • Stock the correct quantity of fish for your lake’s or pond’s midge species and density, and restock yearly to maintain abundant fish populations.
  • Consider supporting fish populations with the introduction of automatic fish feeders and habitat structures.

 

Cultivate a healthy shoreline:

  • Introduce a variety of native flowering species to help limit the negative impacts of nutrient loading. Beneficial plants include arrowhead, pickerelweed, canna lily and blue flag iris.
  • Native vegetative plantings also provide cover and shelter for midge predators including gambusia, bream, amphibians and dragonfly nymphs and adults.
  • Is your shoreline too eroded to plant? Install a biodegradable shoreline erosion control system like coconut coir logs or ShoreSOX to restore banks and hillsides for more than 10 years.

 

 

Find Your Solution

With SOLitude Lake Management

Looking for sustainable long-term control of your algae or aquatic weed problems? Considering  fisheries management assistance? Need help with water quality testing? Trying to find the perfect pond aeration system for your aquatic ecosystem?

Whatever your lake and pond management needs may be, SOLitude Lake Management has the answer. Simply fill out the form ( Click Find Your Solution ) and let us know how we can help. We look forward to helping you find your lake or pond management solution.

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There will be a new normal. Boards cannot simply flip a switch to bring them back to Jan. 2020 operations. by Donna DiMaggio of Becker

There will be a new normal. Boards cannot simply flip a switch to bring them back to Jan. 2020 operations. by Donna DiMaggio of Becker

  • Posted: May 08, 2020
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There will be a new normal. Boards cannot simply flip a switch to bring them back to Jan. 2020 operations.

by Donna DiMaggio Esq. of Becker

 

There is no reason that permanent sanitizer stations shouldn’t remain in place in high traffic areas including near front desks, in elevators and near access screens.

The days of having dozens of lounge chairs at the pool and tightly packed gyms should be over.

Boards may start using a reservation system for certain amenities to better enforce social distancing.

Boards who have been lax in the past about prohibiting dual usage by unit owners and their tenants should tighten up those restrictions.

Unauthorized short-term rental activity and guest usage should also be scrutinized to reduce density in the common areas.

The days of having an open door policy in the Association office should likely cease.

Some residents like to congregate in the association office for a variety of reasons but that activity was not terribly helpful in ordinary times let alone now.

Inquiries can be handled via email, phone or by attending a meeting.

Digitizing association records to conduct online document inspections as well as holding online votes will not only maximize your efficiencies but can reduce the disputes which erupt with traditional voting, inspection and meeting protocols.

 

Here’s what you need to know to live through the coronavirus crisis in South Florida

South Florida continues to be under movement restrictions due to efforts to control the spread of the new coronavirus. Although the state began on May 4 to open in phases, South Florida will have to wait longer due to higher rates of infections and deaths. Here are the key things you need to know about the situation.

Working and getting out

  • BUSINESS THAT MUST REMAIN CLOSED: Non-essential businesses in Broward, Palm Beach and Miami-Dade counties remain under shutdown orders. The statewide shutdown order is being lifted in phases, but excludes South Florida. We put together a complete list of businesses considered “essential” that may remain open.
  • FACE MASKS: Broward, Palm Beach and Miami-Dade counties have all ordered face masks to be worn by customers and employees in grocery stores, pharmacies and other retail stores that are allowed to be open during the shutdown orders. Businesses are expected to enforce the rules and could face penalties if they do not.
  • CURFEWS: Although some cities have started to lift curfews imposed in March, several remain in effect with exceptions being made only for those traveling to and from work or for essential needs. Broward County: Hallandale Beach between 11 p.m. and 5 a.m. Palm Beach County: Town of Palm Beach between 9 p.m. and 6 a.m. Miami-Dade County: Key Biscayne between 10 p.m. and 5 a.m.; Miami Beach between midnight and 5 a.m.; North Miami Beach between 10 p.m. and 5 a.m.; and the city of Miami between 10 p.m. and 5 a.m.
  • STAY-HOME ORDERS: South Florida’s three counties technically remain under stay-home orders except for essential travel. But some outdoor activities are being allowed to resume. See “recreational activities” below for more information.
  • CANCELED EVENTS: With an order prohibiting public gatherings of 10 or more people, nearly all events have been canceled or postponed.
  • RELIGIOUS SERVICES: Although religious services are exempt from the state’s order closing businesses, the Archdiocese of Miami and the Diocese of Palm Beach suspended Masses and liturgical events. The Miami archdiocese also shut down various drive-through confessionals that some parishes started offering. The Chabad Of South Broward advised that most minyanim are not currently meeting. Many local churches and houses of worship have transitioned to online prayers, meditation posts and services. Check with your local church or religious provider for updates.
  • TRANSPORTATION: Brightline, the higher-speed rail between Miami, Fort Lauderdale and West Palm Beach, suspended service until further notice beginning March 26. Tri-Rail announced it would trim back its schedule but suspend fares on all its trains beginning March 28. Several airlines including American, United and JetBlue have cut back the number of flights between South Florida and New York City-area airports. Spirit Airlines, based in Miramar, completely suspended flights to the area. Most major airlines are now requiring masks to be worn at all times in terminals and airplanes.

Recreational activities

  • PARKS: County parks in South Florida reopened on April 30 with social distancing rules in place, along with bans on groups of 10 or more. Most cities also opened their parks with some exceptions. See the complete city-by-city list of park openings here.
  • STATE PARKS: State parks around Florida started to reopen May 4 in phases, with the exception of those in South Florida including Hugh Taylor Birch State Park in Fort Lauderdale, Dr. Von D. Mizell-Eula Johnson State Park in Dania Beach and Oleta River State Park in North Miami Beach.
  • BEACHES: All beaches in Broward, Palm Beach and Miami-Dade counties remain closed, even to casual strollers. Beaches in other parts of the state have started to reopen with restrictions.
  • BOATING: South Florida’s counties began opening boat ramps and marinas on April 29. Congregations on sand bars remain prohibited.
  • GOLF COURSES: South Florida’s counties as well as most cities have now allowed golf courses to open with restrictions on group size and use of golf carts.
  • GYMS, THEATERS, ARCADES: All are included in the business closure orders that were issued in South Florida’s three counties and are being enforced by cities. Concert venues, auditoriums, movie theaters and playhouses are also closed.
  • CASINOS: South Florida casinos — including Seminole Hard Rock Hotel and Casino in Hollywood, the Seminole Classic in Hollywood, just south of the Hard Rock, the Seminole Casino in Coconut Creek and the Miccosukee Resort & Gaming casino — are closed until further notice.
  • FLORIDA KEYS: The Monroe County Sheriff’s Office announced Monday that the Florida Keys are closed to all tourists and visitors because of the coronavirus. Although some beaches have begun to reopen, the Keys are closed to visitors.
  • CRUISES: The three major cruise lines that sail out of South Florida have suspended service at least into the summer.

 

Schools and colleges

  • PRE-K AND K-12 SCHOOLS: Schools across Florida are closed for the remainder of the school year. Classes and graduations are being held virtually.
  • COLLEGES: Public and private colleges and universities have closed or moved to online classes. On-campus events are part of the state-wide ban on large gatherings. Graduation ceremonies for state colleges have also been canceled.

Eating and shopping

  • BARS, RESTAURANTS AND NIGHTCLUBS: Bars and nightclubs are closed, and restaurants are closed to dining. But many eateries are open for takeout and delivery. We have been compiling a list of Broward, Palm Beach and Miami-Dade eateries offering takeout and delivery. All food-delivery apps are waiving delivery fees until further notice.
  • GROCERY STORES: Supermarket across South Florida are changing their hours as well as designating certain days and times exclusively for senior citizens or people at higher risk of coronovirus. In addition, all three South Florida counties are requiring customers and employees to wear face masks at all times in the stores.
  • FREE MEALS FOR STUDENTS: Public schools in Broward, Palm Beach and Miami-Dade counties are providing free meals at selected locations on days that school would have otherwise been in session. Broward County: Breakfast is available 8-10 a.m. and lunch 11 a.m. to 1 p.m. at select schools. Palm Beach County: 35 schools will distribute free meals this week Monday through Thursday, and can receive Friday’s meals on Monday, Wednesday and Friday for two meals each day. Meals and are free to anyone under 18 years of age regardless of financial need. Miami-Dade: Students and families may pick up hot meals to go, both breakfast and lunch, between 9:00 a.m. and 12:30 p.m.

Help with finances

  • HOW TO GET FINANCIAL ASSISTANCE: We won’t lose our homes because of the coronavirus crisis. Our power won’t be shut off. And we’re not going to go hungry. Financial services companies, nonprofit relief programs, utilities and government assistance agencies are offering ways to help consumers get through layoffs, business interruptions and self quarantines.
  • HELP FOR RESTAURANT WORKERS: Restaurant workers have been hit hard by the coronavirus crises, particularly here in South Florida, a resort region and tourist destination known globally for being a foodie paradise. But there are efforts here to ease the burden facing kitchen staff, servers, bartenders and others.

 

Staying safe

  • WHAT TO DO IF YOU’RE SICK: If you wake up with a cough or fever and are worried you have coronavirus, you have several options. In Florida, as in other states, hospitals and doctors have been primed on how to screen patients who come into their offices or the Emergency Department with symptoms. Only people who have severe symptoms should go to a hospital. If your symptoms are mild, call your doctor or the health department to get an appointment for a test. Some local test sites can now get results in up to 15 minutes with rapid tests but will turn away people without appointments.
  • WHERE TO FIND TESTING SITES: Drive-thru testing sites are being set up at locations around South Florida. Testing may be limited to individuals who meet the current Centers for Disease Control and Prevention guidelines: Older adults and people who have severe underlying chronic medical conditions who have fever, cough or any type of respiratory distress; any people — including healthcare workers — who within 14 days of symptom onset had contact with a suspected or confirmed coronavirus patient; and any people with history of travel from an affected area or an area with community spread. Here is complete list of testing sites in Broward, Palm Beach and Miami-Dade counties.

 

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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

  • Posted: May 06, 2020
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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

by Kaye Bender Rembaum

In response to our article below, we have received inquiries from readers  regarding the ability of an  association located in Palm Beach County to use volunteers to provide the pool  monitoring as required by Palm  Beach County Emergency Order Number 5.

In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.

 

 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 

In addition, based upon an April 28, 2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.

 

With that in mind,  if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration: 

 

1) If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.

2) Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?

3) Does the association have insurance coverage in place to cover acts of volunteers?

4) Does the association have volunteer workers comp type coverage in place?

 

Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools.  The following links are provided for your reference:

Palm Beach County Emergency Order Number 5

The Palm Beach County Website April 28 posting related to volunteers  

Remember to also discuss the re-opening plan with your association’s legal counsel. 

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

 

 

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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

  • Posted: May 01, 2020
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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE

Date/Time  May 7, 2020
12:00 pm – 1:00 pm

REGISTER HERE

Castle Group, Kaye Bender Rembaum and Plastridge Insurance invite you to a webinar:  “Association Continuity and Other COVID-19 Concerns”, Episode 2

You are invited to join episode 2 of “Association Continuity and other COVID-19 Concerns” with a special focus on re-opening community amenities and more. Panelists include:
  • Craig Vaughan, Castle Group – President;
  • Michael S . Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, Board Certified in Condominium and Planned Development Law
  • Brendan T. Lynch, AIP AAI, Plastridge Insurance Agency, President
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COVID-19 SURFACE TESTING – NEXT DAY RESULTS AVAILABLE!

COVID-19 SURFACE TESTING – NEXT DAY RESULTS AVAILABLE!

  • Posted: May 01, 2020
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COVID-19 SURFACE TESTING

NEXT DAY RESULTS AVAILABLE!

CVOID-19 CDC RECOMMENDATIONS AND INFORMATION

According to the U.S. Centers for Disease Control and Prevention (CDC), COVID-19 is a respiratory illness that can spread from person-to-person. The main infection route is between people who are in close contact with one another (within about 6 feet) through respiratory droplets produced when an infected person coughs or sneezes.

It also may be possible that a person can contract COVID-19 by touching a surface or object that has the virus on it, and then touching their own mouth, nose, or eyes. Currently, transmission from surfaces is not thought to be the main way the virus spread, however the CDC’s April 13th update remarked: “COVID-19 is a new disease and we are still learning about how it spreads and the severity of illness it causes.”

 

As mentioned on our homepage, recent studies suggest that the CVOID-19 virus may remain viable and infective on surfaces for hours to days, depending on the surface material type (fabric, tile, steel, etc.).

Thorough cleaning and disinfection of frequently touched surfaces are recommended by the CDC and believed to be essential in preventing the spread of infection.

The presence or absence of the viral genetic material on environmental surfaces can now be directly tested with EMSL’s new CVOID-19 molecular-based test and used to demonstrate effectiveness of cleaning protocols.

 

Air Quality Assessors of Florida only performs the physical sampling of surfaces recommended to test by request of our client and in no way can guarantee the entire site is clear from COVID 19. AQA sends all samples to an accredited laboratory for analysis.

Call us or visit our website to schedule your assessment or request more information. We will get back to you with 24 hours.

844-CALL-AQA

 

 

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Concierge Plus: technology for modern property management

Concierge Plus: technology for modern property management

  • Posted: Apr 28, 2020
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Concierge Plus: technology for modern property management

by Chris Cooney
Senior Sales Executive — Concierge Plus
T: 305-850-7676 x128 — M: 786-667-0056

 

Our property management platform makes life easier for property managers and security companies by increasing efficiencies, improving resident service, and automating administrative processes so your condo or HOA runs more efficiently.

 

Getting started is fast and easy!

In less than a week, you’ll be handling maintenance requests, amenity bookings, visitor parking, package tracking, resident announcements, and resident information on a secure website, accessible to you at anytime from anywhere. Take your condo online today! Our dedicated Customer Success Specialist team will train your building staff, including on-site training at your location.

 

Improved Workflow

Improved Workflow

We make it a snap to handle service requests, amenity bookings, package deliveries, tracking visitors, and visitor parking.

Convenient Online Access

Convenient Online Access

Say goodbye to paper and binders by digitizing administrative tasks, while giving residents easy online access to many services.

Feature-Rich, All-in Pricing

Feature-Rich, All-in Pricing

Embrace a platform offering control and total flexibility, as well as competitive pricing, product updates and great customer service.

 

Discover the most cost-effective solution on the market

Competitive pricing is just the beginning. Concierge Plus is designed to save you time, money, and effort. Say goodbye to inefficient administrative tasks, mountains of paperwork, and time-consuming processes.

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HOW DOES AIR QUALITY AFFECT ASTHMA? by Air Quality Assessors

HOW DOES AIR QUALITY AFFECT ASTHMA? by Air Quality Assessors

  • Posted: Apr 07, 2020
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HOW DOES AIR QUALITY AFFECT ASTHMA? by Air Quality Assessors

Those who suffer from asthma realize that the air they breathe affects their health. There may not be a known cure for this chronic illness, but an asthmatic who understands the relationship between air quality and asthma will be better prepared to handle triggers.

 

Does Air Quality Matter For People With Asthma?

Air quality matters more than most people realize. The air you breathe directly affects your lung health. Air quality is a big deal for everyone, but particularly for those who already have chronic lung conditions.

Poor air quality can be created by nature or can be man-made. Polluted air can result from dust, fires, or gases. An asthma sufferer must be aware of the quality of the air they are breathing and know how to respond to it.

One way an asthma sufferer measure pollutants in the air around them is to regularly check the Air Quality Index (AQI). The AQI is usually given by local news agencies during weather forecasts but can also be resourced online at AirNow.gov.

Preparation And Response

Air quality is an issue both outdoors and indoors. Make sure you know how to handle both areas.

Dealing With Outside Air Quality

If you have asthma, the first step you should take to guard against bad air quality is to consult a doctor. The general recommendation for those with asthma is to stay indoors when the AQI is at or above 101. Even if the index shows moderate readings, it is always a good idea to be careful when going outdoors or participating in physical activities.

Dealing With Indoor Air Quality

Since one of the main responses to a high AQI is to stay indoors, it makes sense that your indoor air quality should be clean, fresh, and healthy. Especially if you have asthma, it is important to learn and limit indoor pollutants.

Examples of indoor air pollutants include the following:

● Household cleaners
● Smoke from cooking, candles, fireplaces, or tobacco
● Dirt and dust from the HVAC system
● Dirty carpet and upholstery
● Old air filters
● Dusty furniture
● Pesticides
● Cosmetics, perfumes, and hair sprays

It may be necessary to remove certain chemicals or items from an indoor area, especially if it is obvious that these items cause asthmatic reactions. A few suggestions to improve indoor air quality are to:

● Prohibit smoking tobacco products indoors
● Ventilate the building by opening doors and windows
● Schedule routine HVAC and ductwork maintenance
● Change your air filters
● Use exhaust fans in kitchens, bathrooms, and laundry areas
● Install air filters that are certified for asthma and allergies

Call A Professional

Sometimes it is best to assess an air quality issue with the help of a professional. An experienced service company such as Air Quality Assessors can give expert advice on how to find and deal with any indoor air quality issues. Contact AQA if you have any questions or concerns about the air quality in your home or business. With their combination of experience and knowledge, you can be assured that everything will be handled properly.

We can help with everything from documenting the damages to testing for mold. We may be able to bill directly to your insurance carrier. *call for details
(844) CALL-AQA // (844) 225-5272
www.airqualityassessors.com

 

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SO WHAT DO WE DO NOW?  By Eric Glazer, Esq.

SO WHAT DO WE DO NOW?  By Eric Glazer, Esq.

  • Posted: Mar 16, 2020
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SO WHAT DO WE DO NOW?  By Eric Glazer, Esq.

Published by Glazer and Sachs, P.A. March 16, 2020 – Re published by SFPMA

 

Wow what a difference a week makes!  The world became different this week, like nothing most of us have ever seen or lived through before.  For the time being, this Corona Virus has changed life as we know it, requiring us not to stay inside and hide, but not to tempt fate, while staying smart and taking necessary precautions so that the disease doesn’t spread and we remain healthy.  

I can’t tell you how many calls and e-mails I received this week asking me about canceling meetings, having meetings by phone, shutting down the common areas and preventing visitors.  As you know, I canceled our Board Certification Seminar scheduled for Wednesday.

 

Here is what I can tell all of you with absolute certainty. NOBODY KNOWS FOR SURE WHAT YOU CAN AND CANNOT DO.  SO….. I CAN ONLY TELL YOU WHAT I THINK……AND WHAT MANY OTHER FLORIDA BAR BOARD CERTIED EXPERTS THINK. But certainly, not all of us agree on everything and some may not agree with my comments below.  However, the Board certified attorneys in this area routinely share ideas on topics on a fantastic e-mail exchange.  It is an honor to be able to share ideas and work with all of them at this crazy time.

So Florida has a law that relates to all community associations in response to damage caused by an event for which a state of emergency is declared.  Well……the entire State of Florida is under a State of Emergency.  However, it is not “in response to damage caused by an event…”  So, does this statute apply?  I’ll go on record and say yes.  What difference does it make why we are under a state of emergency?  The fact is that we are.  The important thing is that we are, not why we are.  Although it is possible, I cannot imagine a judge, arbitrator or the Division taking adverse action against any community association Board of Directors who relies on the emergency powers statute in good faith at this critical time in our history.  So I say….let’s use it.

Many of the statute’s provisions do not apply to our current situation as the statute was clearly designed to apply in response to a devastating hurricane.  I have chosen to leave those portions of the statute in this blog so that our readers can judge for themselves what the true intent of the statute is and if they believe it is applicable to our current situation.  Here is the condo version – similar to the HOA version:

 

718.1265 Association emergency powers.—

(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of s. 617.0830, the board of administration, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the condominium is located, may, but is not required to, exercise the following powers:

(a) Conduct board meetings and membership meetings with notice given as is practicable. Such notice may be given in any practicable manner, including publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium property or any other means the board deems reasonable under the circumstances. Notice of board decisions may be communicated as provided in this paragraph.

 

 

My Comments: Use conference call lines – use GOTO Meeting or ZOOM.  Use any procedure where all unit owners who dial in or log on can hear and even see the Board members, and the owners have the opportunity to address the Board.

(b) Cancel and reschedule any association meeting.

My Comments: Any Association meeting means “any” association meeting.  I know there are many associations that even have their annual meeting coming up.  In an effort to limit large gatherings, Can the annual meeting be canceled and rescheduled?  In my opinion – absolutely.  However, before doing that the Board may consider other reasonable alternatives, such as limiting the physical attendance at the annual meeting to only the Board and management and allowing the others to attend via video conference.

(c) Name as assistant officers persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.

(d) Relocate the association’s principal office or designate alternative principal offices.

(e) Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.

(f) Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners.

(g) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the condominium property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.

My Comments: Many of you have called asking if the clubhouse can be closed as well as other parts of the common elements.  At this juncture I would again say Yes.  Any place where large crowds can gather can be closed as the board is certainly aware that every health official recommends no large gatherings.  The common element gym can certainly be closed as that may be the most dangerous area as people that go there are sweating all over the place.

What about limiting guests and visitors to the condo or HOA?  The Chief Judge of the Broward County Courthouse has entered the following order:

(1) The following persons shall not enter any state courthouse located in Broward County, Florida:

(a) Persons who have been in any of the following countries within the last 14 days:

  1. China
  2. South Korea

iii. Japan

  1. Italy
  2. Iran

 

In my opinion – if this order is appropriate for a courthouse where people do not live, it is certainly appropriate for a Board to implement in the building where families do live.  The reality however is that nobody will likely admit to being in any of these places.

(h) Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal.

My Comments:  Now this is a much tougher one:  Here, the statute was clearly intended to force EVERYONE out of a building that may be on the verge of collapse.   However, coincidentally, earlier this week, I actually won an injunction hearing where a judge prevented a unit owner from coming into the condominium because he was violent and a danger to the community.  I can certainly make the argument that a person infected with the virus is even more of a danger to the community as that person can potentially infect the entire population of the condominium.  It’s also possible to think that a judge would allow that person to get better in their own home – as long as they promise to self quarantine.  Again…..we are in unchartered waters here.

(i) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the condominium property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.

 

 

See my comments to g above

(j) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.

(k) Contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116 to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.

My Comments: No question that if the board wanted to triple the amount of personnel necessary for clean-up and disinfectant of the property in order to prevent the spread of the virus, this is perfectly legal.

(l) Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.

(m) Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions as are contained in the declaration of condominium, articles, or bylaws of the association.

(2) The special powers authorized under subsection (1) shall be limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the unit owners and the unit owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.

So what’s the bottom line…………..I firmly believe that Board of Directors in Florida have the right to rely on the emergency powers statute.

What’s the other bottom line?  Stay calm, cool and collected.  This too shall pass.  While the Board has a lot of options, perhaps the smart move is to simply close down the clubhouse and party rooms for a few weeks, hire more staff to keep the place clean, and put all meetings on hold until further notice, even if they are the annual meeting or budget meeting.  In the grand scheme of things……so what?

In the interim………. be smart.  No large crowds.  Wash your hands.  Repeat and relax.

I wish all of you and your families nothing but good physical health and maybe more importantly mental health over the next few weeks.  And don’t forget to see if your neighbor needs some help, especially if they are elderly and shouldn’t be going into large supermarket crowds at this time.  While it’s important to know the laws……. I think it’s more important at this time to know how to be good people, friends and neighbors.

 

Glazer & Sachs P.A are members of SFPMA < View their membership page.

 

 

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O&S Engineers & Architects, performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program.

O&S Engineers & Architects, performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program.

  • Posted: Feb 27, 2020
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O&S Engineers & Architects

Members of SFPMA: Find out more how we can help with your Florida buildings,  O&S Engineers & Architects 

 

O&S Engineers & Architects is a multi-discipline engineering and architectural consulting firm specializing in the assessment, design and restoration of high-rise communities, commercial buildings and parking garages. 

Since 1996, our staff of licensed professionals have consistently and successfully produced positive results on numerous projects ranging from small properties to large developments. O&S has an impressive portfolio in numerous markets. 

 

O&S provides:

  • 40/50 Year Recertification
  • Architectural Design
  • Structural & Civil Engineering
  • Mechanical, Electrical & Plumbing Engineering & Design
  • Capital Reserve Studies & Turnover Reports
  • Concrete Restoration
  • Building Envelope Design & Restoration
  • Balcony & Deck Restoration
  • Storm Damage Assessments & Inspections
  • Parking Garage Design & Restoration

For more information please follow us on social media or visit our website.

 

West Point Military Academy required a comprehensive structural assessment and exterior envelope renovation of the following buildings: Building 639, Water Treatment Plant, Scott Barracks, Eisenhower Barracks, The Fire House, and the Library Building. O&S Associates performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program. O&S prepared repair drawings and technical specifications and made periodic observations of construction as part of construction management services.

The restoration of the buildings’ repairs was comprised of replacing the existing roofing with new cold-applied, built-up roofing, renovation of all exterior brick and stone façade elements, reconstruction of cracked and bulged brick masonry parapet wall, replacement of cracked and spalled brick masonry, removal and reinstallation of coping stones with new cap flashing, tuck pointing of brick and stone masonry, and installation of new windows, window sealants, and application of new surface sealer for the entire façade. Total cost of restoration was $14.2 million. O&S was selected to study the exterior envelope of several buildings at the West Point Military Academy and develop a repair program for a multi-year renovation project.

The existing roofing system at each building was deteriorated and leaking in multiple areas. All six buildings required a new roofing system. The total size of the roofs was approximately 800,000 square feet. The existing brick façade of building 639 needed extensive reconstruction. The water treatment plant, Eisenhower barracks, Scott barracks, and library building had ornate stone facade, cornices, and copings stones that needed careful design and construction.

 

Firehouse Building: The firehouse consists of a single-story, four-vehicle garage; a two-story center portion; and a single-story portion located to the left of the two-story portion. The garage portion and the single-story portion has a flat roof, and the two-story portion has a hip roof with roofing tiles (asbestos tiles). O&S provided the following repair program:

  • Replacement of flat roof
  • Removal and disposal of existing asbestos tiles at the two-story portion (asbestos abatement) and installation of new roofing shingles
  • Removal and reinstallation of precast coping stones with lead-coated copper cap flashing
  • Replacement of corroded lintels
  • Rebuilding of cracked corners
  • Tuckpointing of deteriorated mortar joints
  • Pressure wash clean and apply waterproof coating on inside face of parapet walls
  • Pressure wash clean brick facia and coping stones and apply water-repellent surface sealer
  • Remove joint deteriorated joint sealants and install mortar joints
  • Repairs were approximately $170,000

 

Building 639: Building 639 is an L-shaped building with five roof setbacks. The original building was built in 1937. O&S provided the following repair program:

  • Reconstruction of three corners with proper through-wall flashings and cap flashings
  • Existing limestone copings removed, saved, cleaned and reinstalled
  • Reconstruction of all other corners to introduce proper expansion joints at corners
  • Removal of about five courses of face brick or removal of limestone facia and reinstallation of the same after steel repairs
  • Replacement of deteriorated and/or spalled brick masonry as required
  • Introduction of two new vertical expansion joints on the North and South Building Elevations
  • Tuck-pointing of deteriorated mortar joints
  • Cleaning, sealing, and pointing of existing limestone copings
  • Cleaning by pressure washing and sealing the exterior brick masonry with clear penetrating water repellent sealer
  • Repairs were approximately $440,000

 

Wastewater Treatment Plant: The original water filtration facility was constructed in 1931. Several building additions have been made over the years in 1936, 1944, and 1945. O&S provided the following repair program:

  • Removal of all existing roofing and installation of new roofing
  • Removal of all coping stones, installation of new lead coated copper cap flashing, and termination of the roofing flashing underneath the cap flashing, and reinstallation of the coping stones with new anchors
  • Removal of sealants from the perimeter of all windows, doors, joints and openings and installing new sealants
  • Removal of delaminated concrete from walls and repair using polymer-modified mortar
  • Tuckpointing of cracked, deteriorated, and open wall joints
  • Repair of cracked corners of stone headers, sills, and stone trims around doors, windows, and openings
  • Replacement of rotted wood planking with new pressure treated plywood for roofing planks in Building B
  • Replacement of rotted wood beams with new beams in Building B
  • Repairs were approximately $570,000

 

Scott Barracks: The Scott Barracks consists of a main roof, approximately 166’ long by 46’ wide with three small high roofs. The rear parapet wall is 4’ high and the front and all other parapet walls are 7’ high. All walls are built with exterior stone facing and interior brick facing and with precast coping stones. O&S provided the following repair program:

  • Removal of precast coping stones, installing cap flashing, and reinstallation of the coping stones with new anchors
  • Removal of all sealants in mortar joints from the inside face of the brick walls and tuckpointing the brick facia as needed
  • Repair of precast stones that are chipped using repair mortars that match the stone
  • Repairs were approximately $245,000

 

Project Data:

O&S Associates was responsible for A/E Design, Construction Management, and Construction Administration on this 5-year Design/Build IDIQ at the United States Military Academy at West Point. The five-year contract included work at restoration work at multiple buildings around the campus. Most buildings were historic structures. The campus repairs included roof restoration, roof replacement, exterior wall restoration, asbestos abatement, waterproofing, and other related services. O&S also provided Construction Inspection services for the Waste Water Treatment Plant, the Library, the Firehouse, several barracks, and some educational buildings. Each set of buildings had different issues related to water infiltration. As part of the Design/Build team, O&S was responsible for ensuring the cost, quality, and schedule for the project.

 

Special Features:

O&S provided construction inspection services for multiple historic buildings at West Point Military Academy. Building 639 is an “L” shaped building with five roof setbacks. The original building was built in 1937. O&S provided a comprehensive repair program that included the introduction of two new vertical expansion joints on the North and South Building Elevations. The original water filtration facility was constructed in 1931. Several building additions have been made over the years in 1936, 1944, and 1945. O&S provided a complete replacement of the entire roofing system. O&S also provided services for other buildings at the West Point Military Academy Campus including the Library, Holleder Hall, Old Chapel Building, and the Eisenhower Barracks.

 

Owner:

United States Military Academy at West Point
Construction Cost: $14.2 million

 

 

 

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HOW TO REMOVE TROUBLESOME TREES

HOW TO REMOVE TROUBLESOME TREES

  • Posted: Feb 17, 2020
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HOW TO REMOVE TROUBLESOME TREES

by Jeffrey Rembaum, Esq. KBRLegal

 

A great many streets in Florida’s residential communities are lined with oak trees. While they can look so appealing as a canopy, many of these trees can raise sidewalks and driveways. Their massive roots can grow into plumbing lines, cause various trip hazards and kill the grass, too.

Until recently, it was very problematic to remove these trees for a variety reasons. Moreover, it was also expensive  to deal with all of the governmental red tape caused, in many instances, by over zealous city officials, such as the city forester, who requires strict compliance with the community’s original landscaping plans, etc.  Well, the Florida legislature listened to stories of local government unreasonableness and did something about it to the great satisfaction of association members everywhere.

But, there is still a problem because many local governments refuse to accept that   House Bill 1159 was passed into law in 2019. This new law prohibits a local government from requiring a notice, application, approval, permit, fee or mitigation for the pruning, trimming, or removal of a tree on residential property when an arborist or landscape architect documents that the tree presents a danger to persons or property. As an important FYI, mangroves are exempt and all existing requirements for mangrove trimming, etc., remain steadfastly in place.

Apparently, the problem of local government personnel ignoring this new law is so pervasive that on January 7, 2020, the Speaker of the Florida House of Representatives, Jose Oliva, sent a memo to all Local Government Officials alerting them that they need to follow this new law and that the House of Representatives will be “diligent in executing its oversight responsibilities in order to protect the rights of property owners and to prevent illegal governmental actions that interfere with these rights. WOW!!!

If your community has a problem with tree removal caused by local government officials perhaps showing them a copy of the memo might help. Also, be sure to alert your association’s attorney to the problem so that they can intercede on the association’s behalf.

 

This new law is codified in s. 163.045, Florida Statutes and provides as follows: 

s. 163.045 Tree pruning, trimming, or removal on residential property.—

(1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.

(2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.

(3) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321–403.9333.

 

View our Membership page on SFPMA and Legal Sponsors, with articles written each month in the Florida Rising Magazine – KBRLegal

 

 

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