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The Estoppel Fee Debate by Eric Glazer

The Estoppel Fee Debate by Eric Glazer

  • Posted: Jan 16, 2024
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When a unit owner wants to sell their home, the buyer wants to make sure that the seller does not owe the association money. You see, if the buyer buys the property without making sure the condo, co-op or HOA isn’t owed any money, the new buyer will be stuck with the unpaid bill if there is one.  So, the new buyer wants to get what’s called an “estoppel certificate” from the association stating precisely what is owed to the association on that unit.   This will be paid at the time of closing and the buyer can now sleep well, knowing they are up to date with assessments owed to the association.

So the question is……..who gets paid to prepare this “estoppel letter” for the new buyer and how much does it cost?  Well, for condominiums, HOAs and co-ops, there is a current statute that addresses this.   Florida Statute 718.116, 719.108 and 720.30851 respectively.

The statutes state that the estoppel certificate must contain all of the following information and must be substantially in the following form:

1. Date of issuance:

2. Name(s) of the unit owner(s) as reflected in the books and records of the association:

3. Unit designation and address:

4. Parking or garage space number, as reflected in the books and records of the association:

5. Attorney’s name and contact information if the account is delinquent and has been turned over to an attorney for collection. No fee may be charged for this information.

6. Fee for the preparation and delivery of the estoppel certificate:

7. Name of the requestor:

8. Assessment information and other information:

ASSESSMENT INFORMATION:

a. The regular periodic assessment levied against the unit is $  per   (insert frequency of payment)  .

b. The regular periodic assessment is paid through   (insert date paid through)  .

c. The next installment of the regular periodic assessment is due   (insert due date)   in the amount of $ .

d. An itemized list of all assessments, special assessments, and other moneys owed on the date of issuance to the association by the unit owner for a specific unit is provided.

e. An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the estoppel certificate is provided. In calculating the amounts that are scheduled to become due, the association may assume that any delinquent amounts will remain delinquent during the effective period of the estoppel certificate.

OTHER INFORMATION:

f. Is there a capital contribution fee, resale fee, transfer fee, or other fee due?  (Yes)  (No). If yes, specify the type and the amount of the fee.

g. Is there any open violation of rule or regulation noticed to the unit owner in the association official records?  (Yes)  (No).

h. Do the rules and regulations of the association applicable to the unit require approval by the board of directors of the association for the transfer of the unit?  (Yes)  (No). If yes, has the board approved the transfer of the unit?  (Yes)  (No).

i. Is there a right of first refusal provided to the members or the association?  (Yes)  (No). If yes, have the members or the association exercised that right of first refusal?  (Yes)  (No).

j. Provide a list of, and contact information for, all other associations of which the unit is a member.

k. Provide contact information for all insurance maintained by the association.

l. Provide the signature of an officer or authorized agent of the association.

SO HOW MUCH CAN YOU CHARGE TO PREPARE AN ESTOPPEL LETTER?

An association or its authorized agent may charge a reasonable fee for the preparation and delivery of an estoppel certificate, which may not exceed $250, if, on the date the certificate is issued, no delinquent amounts are owed to the association for the applicable unit. If an estoppel certificate is requested on an expedited basis and delivered within 3 business days after the request, the association may charge an additional fee of $100. If a delinquent amount is owed to the association for the applicable unit, an additional fee for the estoppel certificate may not exceed $150.

So, as you can see, someone preparing an estoppel certificate can charge in some cases up to $500.00.  This fee is typically paid for by the seller of the unit or home.  Management companies and law firms both say ka-ching when they are asked to prepare an estoppel certificate.

Well, if that sounds unfair to you, it also sounds unfair to Florida Senator Jonathan Martin and Representative Persons Mulicka.  Each of them have now filed bills which would preclude associations from charging for estoppel letters whatsoever.  It has resulted in massive pushback from management companies and law firms alike, each of whom are the ones normally getting paid to prepare these estoppel certificates.

On the one hand, attorneys and management companies say that they deserve to get paid for preparing estoppel certificates because there are a lot of questions to answer and there is potential liability if they prepare it incorrectly. Moreover, they take the position that only the seller should pay for the estoppel certificate because only the seller is trying to sell their unit.  Why should that cost be put on every other owner in the community?

On the other hand, there is an argument that management companies are already paid to keep the ledgers of every owner.  It shouldn’t take more than a few minutes to let someone know what a unit owes.  Therefore, they shouldn’t receive an extra penny for preparing an estoppel certificate.

So which side is right?  I think there are good arguments on both sides and we can debate this forever.  You have to wonder though that if the fees that you’re allowed to charge were half of what they are now, would this ever have become a fight?  I don’t think so. I do think a compromise wouldn’t be bad here.

What do you guys think?

Written by Eric Glazer

Tips for a Successful Condominium or Homeowner’s Association Turnover

Tips for a Successful Condominium or Homeowner’s Association Turnover

  • Posted: Mar 02, 2023
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While Developers are required by Florida Statute 718 and 720 to provide the following to the Association at turnover:

  • Record Set for all design disciplines (architectural, structural, mechanical, electrical, plumbing, fire alarm, fire sprinkler, site civil, pool, irrigation, and landscaping)
  • Recorded Declaration with the bylaws.
  • List of names and addresses, of which the developer had knowledge at any time in the development of the Condominium Association, of all contractors, subcontractors, and suppliers utilized in the construction of the Property.
  • Project specifications
  • List of written warranties of the contractors, subcontractors, suppliers, and manufacturers still effective.
  • Copies of any certificates of occupancy that may have been issued for the Property.

Several things that can be done by the Association prior to and immediately after turnover for the benefit of the community. This information will benefit not only any forensic engineering firm in performing a Property Condition Assessment Report, but the community operations as a whole.

  1. List of Known Issues: Utilize the community management staff as well as any recent property complaints to fill out a list. This can include items such as several past failed repairs of a singular item like a large pump, cooling tower, or generator. Water intrusion or flooding events from within units and also from exterior to units are extremely valuable to track. Photographs, videos, and handwritten notes are invaluable.
    This list can also be provided to the Developer prior to turnover in hopes of them correcting them. If that is the case, it is still important to retain copies of the repair procedure with photographs for the Association’s records. If repairs don’t occur, it is still valuable that now the Developer is aware of the conditions from a historical aspect.
  2. Repair Invoices: Going hand in hand with the above, repair invoices for items that may appear to be in excess of typical maintenance should be retained, organized, and eventually provided to the forensic engineering firm after turnover. Think of this as the community’s medical history record. If a large-scale component has failed and needs to be replaced, see if that failed item can be stored by the Association for potential future engineering analysis, if necessary.
  3. Record Set of Digital Construction Plans: There are multiple different plan sets during any development, starting from a bid set. Each set will get more and more accurate, until the record set, which is stored on record with the Municipality upon project completion. The record set is intended to truly reflect the in-field, built condition. If an Association is only operating with a construction set, there is no guarantee that, for example, certain shut-off valves or electrical panels will be in the depicted locations, which can add to a headache in an emergency. It is strongly recommended to have the digital version of the record plan set, ideally cloud-based, so it can be effectively accessed by the management team and supporting vendors whenever needed.

Finally, some recommended wish list items that can be requested from the Developer, while they may not always provide them:

  • Post Tensioning Shop Drawings
  • Glazing Shop Drawings
  • Railings Shop Drawings
  • Pool Shop Drawings

A Community Association turnover is certainly an event that should be planned out on either side (Developer and Association) such that effective documentation and tangible property transfer can take place. As a final reminder, reliance upon the Association’s Counsel and management company during this period is imperative to its immediate and future success.

article sent to us from: Florida Association News Blog

 

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Aruba Permit Services helping you with Building Permits and Code Violations at your Buildings.

Aruba Permit Services helping you with Building Permits and Code Violations at your Buildings.

  • Posted: Feb 27, 2023
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Aruba Permit Services helping you with Building Permits and Code Violations at your Buildings.

As repairs come up due to Florida Storms or Projects at your Properties, You need to make sure your permits are handled by a Trusted Company.

Permits will be pulled for the repairs. All work will be followed up by the engineer to assure compliance. Aruba Permit Services is licensed and insured.

 

 

Aruba Construction who has been a Certified General Contractor since 1990 and has qualified Engineers available to handle inspections of any size building.

These inspections are for the conditions of the building that include:

·         Masonry Walls (concrete condition, exposed rebar, spalling)

·         Floors and Roof Systems (drains, scuppers, supports for A/C)

·         Steel Framing (corrosion, fireproofing)

·         Concrete Framing (cracks, exposed rebar)

·         Windows (general condition, seals, anchorage)

·         Wood Framing (connector condition, rotting, bearing deficiencies)

·         Exterior Finishes (stucco, soffit, veneer deficiencies)

·         Electrical (panels, wiring, breakers)

 

Phone: (954) 786-7292
Email: info@aruba-services.com
Address: 1413 S. Powerline Road, Pompano Beach, FL 33069

Industry Members of SFPMA < View our membership page

 

 

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Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

  • Posted: May 27, 2022
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Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

What does this bill entail?

  • Recertification is now required after 30 years, or 25 years if the building is within 3 miles (5 kilometers) of the coast, and every 10 years thereafter.
  • Condominium associations would be required to maintain sufficient reserves to cover major repairs, and to conduct a study of the reserves every 10 years. Inspection reports would be provided to owners by the condominium association, and if structural repairs are required, owners would be notified and work must start within a year of the report given.
  • If the building’s certificate of occupancy was issued on or before July 1, 1992, the building’s initial milestone inspection must be performed before December 31, 2024.

 

The structural integrity reserve study at a minimum, must include:

  • Roof.
  • Load-bearing walls or other primary structural members.
  • Floor.
  • Foundation.
  • Fireproofing and fire protection systems.
  • Plumbing.
  • Electrical systems.
  • Waterproofing and exterior painting.
  • Windows.
  • Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study.

Looking ahead:

The State of Florida Property Management Association (sfpma.com) and the many members are offering their services.  On our members directory Condo & HOA’s all over the state can find the top rated companies to handle their buildings inspections, engineering, fire safety inspections, roofers, painting and waterproofing, plumbers and electricians for all of your Building Maintenance repairs.

On top of these are the Law Firms, that help with making sure your buildings are legaly ready for the changes.

We understand with all of these changes each condo and hoa will need help with funding the reserves into the future, so we did not forget this: Our industry members include the top financial companies, ie: Banks and Loan companies ready to help wth your investments. Act now start saving and growing your reserves, at times you will also need to get  your accounting and bookkeeping with the added help from our collections members to make sure you cn get the funding to perform the many needed repairs.

SFPMA MEMBERS DIRECTORY IN FLORIDA FIND MEMBER COMPANIES FROM TALLAHASSEE TO THE KEYS.

Largest Florida Directory of Companies working with Property Management, Condo and HOA properties.

If you are not listed become a member today!

Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices.

Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices.

  • Posted: Apr 24, 2022
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Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices.

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It to the Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, or listen through any podcast streaming app.

WILL THE ASSOCIATION’S DENIAL OF AN ARCHITECTURAL REQUEST WITHSTAND CHALLENGE? Many Won’t – Find Out Why

WILL THE ASSOCIATION’S DENIAL OF AN ARCHITECTURAL REQUEST WITHSTAND CHALLENGE? Many Won’t – Find Out Why

  • Posted: Feb 15, 2022
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WILL THE ASSOCIATION’S DENIAL OF AN ARCHITECTURAL REQUEST WITHSTAND CHALLENGE?

Many Won’t – Find Out Why

For many homeowners associations, a top priority is ensuring that the homes in the community are maintained in conformity with the “community-wide standard.” But, what is this subjective standard? How is compliance measured? What is the process to be judged when a request to the association’s architectural review committee (ARC) is made? The ARC is instrumental in ensuring that the community-wide standard is met. However, your association may run into a problem if the ARC denies a request from a homeowner if the association has not adopted specific, objective criteria and guidelines on which the ARC can rely.

    Sometimes applications to the ARC are denied because the proposed modifications were not “in harmony” with the other homes in the community or did not conform with the “community-wide standard.” However, such a limitation is vague, and a denial based on whether a particular modification is “harmonious” is subjective. Thus, the members are entitled to specific guidelines regarding what is allowed and what is not allowed, and in fact, this is required by law.

    The association’s ARC can only be as effective as the objective guidelines and standards drafted into the declaration and board-adopted rules. If your ARC is relying on aesthetics or other subjective criteria that are simply “personal preferences” rather than written, adopted, and published objective standards and guidelines, any disapproval is vulnerable to a successful challenge. In fact, in the seminal case regarding approval of architectural modifications, Young v. Tortoise Island Homeowner’s Ass’n, Inc., 511 So.2d 381 (Fla. 5th DCA 1987), the court held that where the governing documents were silent as to the modification at issue, a denial could not be based on the architectural control board’s opinion regarding “aesthetics, harmony and balance—admittedly very personal and vague concepts.”

    In Young, the owners submitted an application to build a flat roof on their home. The homes immediately surrounding the home were all peaked roofs. Nothing in the governing documents prohibited an owner from building a flat roof, and the requested roof complied with all of the specific requirements set out in the governing documents. However, the architectural control board denied the owners’ request because there was a “very strong feeling” that the flat roof would not be “architecturally compatible with the other homes.” In the end, the Youngs built the flat roof despite the association’s disapproval, arguing that the architectural control board had no authority to impose a prohibition against flat roofs. The court agreed with the Youngs, holding that

            “In the absence of an existing pattern or scheme of type of architecture which puts a prospective purchaser on notice that only one kind of style is allowed, either in the recorded restrictions or de facto from the unified building scheme built on the subdivision, such a board does not have the power or discretion to impose only one style over another based purely on ‘aesthetic concepts.’”

    The flat roof violated no recorded restrictions, no objective rule adopted by the association, and no de facto common existing building style in the community. Therefore, the court held that it was beyond the power of the architectural review board to prohibit the flat roof.

    The concept in Young was further codified in 2007 in §720.3035(1), Florida Statutes, which provides that an association or the ARC has the authority to review and approve plans and specifications only to the extent that the authority is specifically stated or reasonably inferred as to location, size, type, or appearance in the declaration or other published guidelines and standards. More specifically §720.3035(1), Florida Statutes, provides that the authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure or improvement located on a parcel, shall be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.

    In other words, the ARC can only approve or deny requested modifications based on objective standards with specificity as to location, size, type, or appearance that are set out in the declaration or other published guidelines and standards. Without specific, objective standards to rely upon, the ARC is at risk of making arbitrary decisions regarding approval. Basing ARC denials on concepts like “aesthetics, harmony, and balance” will land the association in hot water if an owner challenges such denial. It is far safer to base approval or denial on objective standards as set out in the declaration or as adopted by the board.

    Creative drafting by an association’s attorney is critical in order to capture those ARC applications where a member may request a modification that is not squarely addressed by the governing documents. In plain English, a “catchall” amendment to the declaration can be artfully drafted that stands for the proposition that, if such a request is made, then the existing state of the community is the applicable standard by which the application is to be judged. For example, if the Tortoise Island Homeowner’s Association had had such a provision in its declaration, then given that there were no flat roofs in the community, the existing state of the community may have provided a lawful basis for the ARC to deny the request, thus possibly leading to a whole different result in the case.

    On a related note, there are strict procedural requirements that your association must follow, most especially if the ARC intends to deny an ARC request. It is likely many ARCs do not conduct their activities in conformity with Florida law such that a denial could withstand judicial scrutiny. Pursuant to §720.303(2), Florida Statutes, a meeting of the ARC is required to be open and noticed in the same manner as a board meeting. In other words, notice of the ARC meeting must be posted in a conspicuous place in the community at least 48 hours in advance of the meeting, and the meeting must be open for the members to attend. In addition, pursuant to §720.303(2)(c)3., members of the ARC are not permitted to vote by proxy or secret ballot. Bare bone minutes should be taken as well to create a record of ARC committee decisions, most especially denials.

    We hear from many associations that the ARC does not meet openly or notice their meetings. This leaves any decision made by the ARC vulnerable to challenge. If the ARC denies an application but fails to do so at a properly noticed meeting, the owner can challenge the denial claiming that it is not valid as the ARC did not follow proper procedures. Many declarations contain language which provides that if an ARC application is not approved or denied within a certain period of time, the application is deemed approved. In that case, if the ARC’s denial of an application is not valid because the ARC failed to comply with the procedural requirements for the meeting, an application which violates the declaration or the ARC standards may be deemed approved by operation of the declaration! By complying with the provisions of Chapter 720, Florida Statues, your association can avoid that disaster.

    Practice tip: Remember that notice of any board meeting at which the board will consider a rule which restricts what an owner can do on their parcel must be mailed, delivered, or electronically transmitted to the members and posted conspicuously on the property not less than 14 days before the meeting.

    If your association has not adopted objective ARC standards and guidelines including the “catchall” provision discussed above, now is the time to start! We recommend that you contact your association’s counsel prior to drafting such rules to ensure that the association is in compliance with the requirements of the governing documents and Chapter 720, Florida Statutes.

 

Jeffrey Rembaum’s, Esq.

legal practice consists of representation of condominium, homeowners, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Board Certified Specialist in Condominium and Planned Development Law and is a Florida Supreme Court Certified Circuit Civil Mediator. He is the creator of “Rembaum’s Association Roundup,” an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list, and was also named Legal Elite by Florida Trends Magazine.

He can be reached at 561-241-4462.

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The New York Times was doing a story about the incredible number of condominiums in Miami and how fast they were all built read it here!

The New York Times was doing a story about the incredible number of condominiums in Miami and how fast they were all built read it here!

  • Posted: Jan 31, 2022
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HOW IN THE WORLD DID WE  GET HERE?

By Eric Glazer, Esq.

So, I get a call a few weeks ago from a reporter at The New York Times.  He was doing a story about the incredible number of condominiums in Miami and how fast they were all built.  How the entire skyline on the coast changed dramatically in the past 40 years or so and if it’s possible that The Champlain Towers in Miami was just a freak occurrence, or something that we need to start thinking about regarding all condominiums that were rushed through and given the green light.  Is it possible for other similarly situated buildings to start falling down?

The story is somewhat startling but not surprising.  It’s a story about greed, out of control construction, tampering with Mother Nature, little to no inspections, rushed through permits,  law firms and politicians helping developers  and The Florida Legislature turning a blind eye towards all of it.

If you’re living in a building in Miami, this is a must read.  If you don’t live in Miami, but are concerned about whether or not your building was built properly, it’s a must read as well.  Besides myself, there are politicians, builders, developers and other experts that tell their side of the story in detail.  Some of it is shocking.

Because so many turned their backs years ago, no wonder the story is called THE TICKING CLOCK OF MIAMI’S CONDO EMPIRE.  You should also know that coincidentally, Robert Lisman, who is the resident from Champlain Towers East, is the producer of our Condo Craze You Tube channel.  It’s a long article but again, it’s a must read.  To read it, click the Towers and the Ticking Clock below:

The Towers and the Ticking Clock

 

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Legal: Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

Legal: Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

  • Posted: Dec 13, 2021
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Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

17 So.3d 839 (Fla. 4th DCA 2009)

By: Jay Roberts, Esq.

The ability for condominium associations to terminate certain contracts using a statutory procedure is at the heart of THIS CASE. In 2002, Comcast of Florida, L.P. (“Comcast”) entered into an agreement with the condominium developer (on behalf of the Association) that granted Comcast an easement to install cables and offer cable television services to residents at a bulk-discount rate. Every unit owner received and paid for the cable service as part of a monthly maintenance fee. The termination provision in the agreement stated it would be subject to the conditions and regulations required under Chapter 718, Florida Statutes. Following turnover from the developer to the unit owners, the Association voted to terminate the agreement and sent written notice to Comcast in accordance with F.S. 718.302.

Section 718.302, Fla. Stat. (2002), provided in part:

(1) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be fair and reasonable, and such grant, reservation, or contract may be canceled by unit owners other than the developer:
(a) … the cancellation shall be by concurrence of the owners of not less than 75 percent of the voting interests other than the voting interests owned by the developer….

After receiving notice of the termination, Comcast refused to open the distribution lock boxes. Ultimately, Comcast sued for declaratory and injunctive relief for breach of contract and trespass. Before a hearing was held, the Association hired another provider to rewire the building and provide services to all residential units. The trial court ruled in favor of the Association. On appeal, Comcast argued that F.S. 718.302 did not apply to Comcast’s services, because the contract was not one for operation, maintenance, or management of the condominium as required under the statutory language.

On appeal the Fourth District Court of Appeal found that the agreement explicitly required Comcast to operate and maintain the wires and lock boxes it had installed. The Court also noted that under F.S. 718.115(1)(d), the cost of cable television service obtained pursuant to a bulk rate contract is deemed a common expense. In light of the fact that the agreement provided for a cable television service, and that the cost was part of a monthly maintenance fee, and that Comcast was required to service and maintain the cable television, the Court concluded that the agreement was one for “operation, maintenance, or management” subject to F.S. 718.302 (NOTE: the 2021 version of this statute is substantially the same as the 2002 version).

So why does THIS CASE matter? The Florida Condominium Act provides various rights to condominium associations which become effective upon turnover of the association from developer-controlled to unit owner-controlled, including, but not limited to, the ability to terminate certain contracts. It is vital for associations which recently have undergone turnover to discuss the various rights which accrued on the date turnover with the association’s legal counsel.

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Considering a DIY construction project this summer, make sure to check with Aruba Permit Services first!

Considering a DIY construction project this summer, make sure to check with Aruba Permit Services first!

  • Posted: Jun 08, 2021
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If you are considering a DIY construction project this summer, make sure to check with Aruba Permit Services first to see if a permit is required! We are your one stop shop for all your permit needs! 🏠✅

Give us a call at 📞(954) 786-7292 or visit our website www.aruba-services.com to learn more!

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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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ARE GOVERNING DOCUMENTS PREVENTING YOU’RE ASSOCIATIONS PROGRESS?

ARE GOVERNING DOCUMENTS PREVENTING YOU’RE ASSOCIATIONS PROGRESS?

  • Posted: Feb 03, 2019
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Updating community association documents is a difficult, often cumbersome task.

For this reason, many HOA and COA boards simply table the discussion, putting it off for a better, more convenient, time in the future. However, outdated policies and governing documents often make it hard for community managers to move forward when change is necessary, and would ultimately benefit the full membership. While, the actual rewording of existing covenants, bylaws and ancillary documents is a task for legal teams.

 

WHEN SHOULD COA & HOA BOARDS CONSIDERING UPDATING GOVERNING DOCUMENTS?

If you association’s CC&Rs and bylaws have not been reviewed for five years, or more, it is time to request a legal review to ensure your documents comply with current statutes and laws. Older documents may not address modern communication options like emailing, texting and owners’ portal. Also, there have been important changes that will improve an association’s ability to collect delinquent assessments that can be negatively impacted by outdated governing documents.  If your documents have not been updated, then due to the safe harbor law and joint and several liability, back owed association dues may not roll over if the house is sold. The documents can be re-written to include language that mentions if the house has past due assessments when sold, then the new owners can be held liable for these payments.

When considering whether to ask your attorney to look for inconsistencies in condominium planning or subdivision maps, you may also want to ask the legal team to review the original articles of incorporation and other policies that cover code restrictions and financial reporting. It is imperative that the board keeps these written policies up-to-date to prevent ambiguities and confusion for directors and the membership.

There are several key tasks that association leaders must assume responsibility for during a review. For example, the board is responsible for notifying homeowners about the upcoming review, and gaining the appropriate level of voting support before implementing any changes to documents.

 

 

HOW CAN YOUR COMMUNITY ASSOCIATION GAIN FULL SUPPORT FROM YOUR MEMBERSHIP?

To elevate the chances of gaining acceptance from your homeowners to proposed amendments, the board needs to make a strong effort to keep the membership informed throughout the process. It is a good idea to appoint a committee to oversee the process and act as “points of contact” for stakeholders who have questions. The committee members may also solicit feedback from members via telephone, email or face-to-face contact.

There is another, efficient, less burdensome way to solicit support, especially if one reason for the review is that your association plans to modify fee, assessment and debt collection documents. Partnering with a full-service, industry-specific organization that intimately understands HOA, COA and time-share business models helps ensure that your communication is always compliant. Axiom Resources professionals work closely with community associations to develop collection strategies aligned with all federal, state and local statutes, laws and restrictions. In the role of industry mentor, key personnel help directors and board members design communication policies that benefit homeowners, while protecting community assets.

Leveraging the power behind years of experience in the community association industry, HOA and COA boards can address bad debt and potential debt challenges before problems escalate to the point that homeowners and association management become frustrated.

 

COLLABORATING WITH A MENTOR & PARTNER

Using An Association Attorney that provides services supported by industry professionals who understand the nuances and regulatory challenges associated with covenanted community management. Please visit our Members Directory on SFPMA or call today to discuss ways our team can help you navigate the document review process and implement stronger debt management solutions that benefit homeowners and the association.

 

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