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Florida Legislature to Pass Law Prohibiting Associations From Charging Estoppel Fees

Florida Legislature to Pass Law Prohibiting Associations From Charging Estoppel Fees

  • Posted: Jan 02, 2024
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YOUR ASSESSMENTS ARE ABOUT TO GO UP AGAIN

Act Now Before It IS Too Late!

Of all the subjects I never would have thought I would be writing to you about, it is this: the Florida Legislature is dangerously close to passing legislation that prohibits a Florida community association from charging a fee for the preparation and delivery of an estoppel certificate!!! The text of Senate Bill 278, along with its companion House Bill 979, fully prohibits condominium and homeowners’ associations from being able to charge the requesting party a fee for the preparation of the estoppel certificate. But, however, the professional who assists the association prepare and issue the estoppel, such as the management company and attorney, will now charge the association and not the party who requested the estoppel. This year’s legislative session starts very early, on January 9th. Your legislators need to hear from you that you do not want them to support these bills because they will cause financial harm to your association.

Why should community associations be stuck with the bill for the estoppel? This bill will fully shift the financial responsibility for the estoppel from the buyer or seller right on over to the association. In other words, the association still has to pay its agents, be it the management company or attorney, etc., to prepare the estoppel. At times it takes a lot of work, coordination and effort to timely issue the estoppel, let alone all of the liability that comes along with its issuance.

Since when in the United States of America can the legislature require any of us work for free? Well, it may sound like that because the buyer or seller will not have to pay for the estoppel but we all know in reality, nothing is free. This draconian fee shifting legislation could in a great many cases, if not all, act to increase every homeowner and condominium unit owner’s assessments who live in the community. Preparing estoppels can take significant time, most, especially, if there is a long history of nonpayment associated with the account. Also, existing violations must be taken into account in the estoppel certificate, etc., If the math is wrong, the issuer of the estoppel could end being financially responsible for the shortage, and they could be subject to, amongst others, Federal Fair Debt Collection Practice Act claims due to a mistake. Therefore, there is significant time involved in gathering all of this information, ensuring it is correct, and then issuing the estoppel within the required 10-day business day legislative timeframe. To make a long story short, management companies will have to increase their fees charged to the associations to offset their inability to charge the fee to the requesting party for the estoppel, and thus, every member of your association will have to pay more.

As to any rumors of rare abuse by those charging excessive estoppel fees, there are already safeguards built into the existing legislation which provide for summary legal proceedings that can be brought to compel compliance with the existing estoppel legislation and its financial cap. It even provides for prevailing party attorneys fees.

If you hear that objections to this legislation from management companies and attorneys are because they do not want to lose revenue such is not the case at all. It’s really quite simple: This legislation will fully shift the responsibility for the estoppel fees, from that of the requesting party, to all the owners that already live in the association’s community and who have nothing to do with the transaction at all.

As this is holiday season, if this passes into law, what a horrible gift that would be. To prevent this legislation from becoming law, please reach out to your legislators and let them know that you object to Senate Bill 278 and House bill 979.

HERE is a link to the SB 278.


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Thank You to our members and industry professionals for a great year. We look forward to even more information this year along with our “Florida Rising Industry Magazine  in 2024.”

Thank You to our members and industry professionals for a great year. We look forward to even more information this year along with our “Florida Rising Industry Magazine in 2024.”

  • Posted: Jan 02, 2024
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Thank You to all of our State of Florida Property Management Association Members for a great year. supporting and informing our industry about Condo, HOA’s and Property Management Services have been a Big Success.
As we move into 2024 we have even more members to let you know about and found on our Find-A-Service.com Directory.
In 2024 Condo Boards and Property Managers will need help with Florida: Condo Building Inspections SB4D
Board Members can find the right information on our new websites and pages. Https://FLBuildingInspections.com
Tune Into Condo Craze And every Sunday At 11:00 a.m. Find us on our YouTube channel for our live shows.

Tune Into Condo Craze And every Sunday At 11:00 a.m. Find us on our YouTube channel for our live shows.

  • Posted: Jan 02, 2024
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Tune Into Condo Craze And every Sunday At 11:00 a.m. Find us on our YouTube channel for our live shows.

Subscribe to our YouTube channel 

 

 WE WILL TAKE YOUR CALLS AND ANSWER YOUR CONDO AND HOA QUESTIONS THROUGHOUT THE HOUR. CALL US AT 877-850-8585 DURING THE SHOW.

TAKING YOUR CALLS ON WHATEVER TOPIC YOU NEED ANSWERS TO OR WHATEVER YOU NEED TO GET OFF YOUR CHEST.

*OUR LAST SHOW ON 850. AFTER 15 YEARS – WE ARE LEAVING 850 WFTL AND GOING STRAIGHT TO YOUTUBE

 

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Join KBR for “Covenant Enforcement for HOAs and Condominiums”. Managers will receive one CEU in the OPP category. Dec. 13th at 11:30am, live on Zoom.

Join KBR for “Covenant Enforcement for HOAs and Condominiums”. Managers will receive one CEU in the OPP category. Dec. 13th at 11:30am, live on Zoom.

  • Posted: Dec 13, 2023
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Join KBR for “Covenant Enforcement for HOAs and Condominiums”. Managers will receive one CEU in the OPP category. Dec. 13th at 11:30am, live on Zoom.

Register NOW.

Covenant Enforcement for HOAs and Condominiums

Dec 13, 2023 11:30 AM 
Description
Course #: 9630145
Instructor: Kerstin Henze, Esq.
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HOA/Condo Board Certification class is designed to satisfy the statutory requirement so that you are eligible to serve.

HOA/Condo Board Certification class is designed to satisfy the statutory requirement so that you are eligible to serve.

  • Posted: Dec 08, 2023
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HOA/Condo Board Certification class is designed to satisfy the statutory requirement so that you are eligible to serve. by Florida Condo & HOA Law – Powered by beckerlawyers.com

Register for HOA/CONDO Board Member Certification

WHEN: December 12, 2023 | 10AM – 12PM EST

 

2 ELE Credits
Provider: #0000811
Course: #9630016
If you are planning to serve on your homeowner association board, you probably know that you will need to comply with Florida’s certification requirements within 90 days of being elected. Our HOA/Condo Board Certification class is designed to satisfy the statutory requirement so that you are eligible to serve. More importantly, it will provide the tools and information you need to perform your job well and to avoid any potential liability associated with your new role.
Topics Covered:
• Defining your fiduciary duty
• Analyzing association operations
• How to properly maintain the association’s books and records
• The pros and cons of alternative dispute resolution
• Avoiding common election pitfalls
• Preparing budgets and funding reserves
• Understanding financial reporting requirements
• Assessing insurance needs for common areas
• Defusing conflict within the community
_______________________________________
PLEASE NOTE: Instructions to receive certificate of completion or CEU credit will be emailed a few business days after the class has concluded.
________________________________________
This online class will be presented on Zoom! Full live viewing instructions will be sent to all registrants.
________________________________________
REGISTER NOW:
https://online.beckerlawyers.com/…/landi…/rsvp-blank.asp
________________________________________
SPEAKER:
Joseph Arena
SENIOR ATTORNEY
Stuart
Becker
jarena@beckerlawyers.com

 

 

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4 “Tricks” to a Healthier Lake! Regularly test the water quality! by Allstate Resource Management

4 “Tricks” to a Healthier Lake! Regularly test the water quality! by Allstate Resource Management

  • Posted: Dec 08, 2023
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The first step in keeping your lake healthy is regularly testing the water quality. Ensure that your lake management company is testing the water before treatments.

Use algae control.
Algae is a common problem in Florida lakes, but there are methods you can use to control it. Partnering with a professional lake company is key! A lake maintenance company can put together a comprehensive plan designed specifically for your lake.
Use aeration to promote healthy oxygen levels.
Aeration is essential for maintaining healthy oxygen levels in your lake. Use a lake aerator to keep the water moving and to promote healthy oxygen levels.
Control invasive plant species.
Invasive plant species, such as cattails or water hyacinths, can quickly take over your lake and create an unhealthy environment for aquatic life. Let our lake specialists work with your HOA to help control and eradicate invasive plants.
Contact us today: info@allstatemanagement.com or 954-382-9766
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Condominium Board Member Certification by KBR Legal

Condominium Board Member Certification by KBR Legal

  • Posted: Nov 29, 2023
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Condominium Board Member Certification

Nov 30, 2023 02:00 PM

Course # 9630075

Instructor: Kerstin Henze, Esq. of KBR Legal

This webinar covers the essentials of condominium board membership, updated regularly to remain current with legislative amendments to Florida’s Condominium Act. In addition, this webinar satisfies Florida’s requirement for new condominium board members. It also serves as an excellent refresher course. Licensed CAMS will receive two (2) CE credits as IFM or ELE.

Register NOW: 

https://us02web.zoom.us/webinar/register/WN_-UDSvuIFSA6z1uRsnF-_ww#/registration

 

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Condo Craze & HOA’s” (RADIO SHOW) on 850AM/WFTL & YouTube with Eric Glazer Sundays 11am-12noon.

Condo Craze & HOA’s” (RADIO SHOW) on 850AM/WFTL & YouTube with Eric Glazer Sundays 11am-12noon.

  • Posted: Nov 29, 2023
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Board Members, Owners and Managers are you watching or Listening to>

Condo Craze & HOA’s” (RADIO SHOW)

on 850AM/WFTL & YouTube with Eric Glazer

Sundays 11am-12noon.

Eric M. Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2 decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board certified by The Florida Bar in Condominium and Planned Development Law and the first attorney in the State that designed a course that certifies both condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state.

Mr. Glazer is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

Keep up to date with condo and hoa laws!

Ask Questions on air!

Watch and or Listen Every Sunday Morning

 

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VIDEO: Community Association Elections | Q&A Webinar | Kaye Bender Rembaum

VIDEO: Community Association Elections | Q&A Webinar | Kaye Bender Rembaum

  • Posted: Nov 14, 2023
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Community Association Elections | Q&A Follow-up Video Webinar | Kaye Bender Rembaum

KBR Attorney Allison L. Hertz returns to answer some of the audience questions from her CE credit Elections webinar. This video is for informational purposes only and is not to be considered as legal advice.

 

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ELECTIONS, INSURANCE, AND A SENSELESS DEATH

ELECTIONS, INSURANCE, AND A SENSELESS DEATH

  • Posted: Nov 14, 2023
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ELECTIONS, INSURANCE, AND A SENSELESS DEATH
This season, more than any other of late, the issue of condominium election ballot verification reared up. The condominium election process is unique and very regulated. In addition to many other requirements, ballots are to be placed in an inner plain and unmarked envelope which is to be placed inside a larger envelope which must, as per Florida law, contain the unit owner’s name, address, unit number and signature. As part of the election process, this information is later verified against the associations’ membership records to ensure that only the unit owner, or the unit owner’s designated voter, cast their ballot. It is the plain inner envelope that guarantees anonymity.

Given the sheer volume of units in many condominium communities, which translates to the number of ballots that can be received, the process of tabulating the ballots can take hours. To speed things up, some condominium communities prefer to verify the outer envelope information in advance of the election ballot tabulation that takes place during the annual members’ meeting. That said, and what may come as a surprise to some, is that you cannot just start verifying the outer envelopes. If you do, then your entire election is subject to challenge. Tampering with the election materials creates an inescapable cloud over the entire election process from which there is no escape, but a new election. It is so simple to avoid, too.

 

Section 61B-23.0021, of the Florida Administrative Code, details the verification process as follows: “Any association desiring to verify outer envelope information in advance of the meeting may do so as provided herein. An impartial committee designated by the board may, at a meeting noticed in the manner required for the noticing of board meetings, which shall be open to all unit owners and which shall be held on the date of the election, proceed as follows. For purposes of this rule, “impartial” shall mean a committee whose members do not include any of the following or their spouses: 1) Current board members; 2) Officers; and 3) Candidates for the board. At the committee meeting, the signature and unit identification on the outer envelope shall be checked against the list of qualified voters. The voters shall be checked off on the list as having voted. Any exterior envelope not signed by the eligible voter shall be marked ‘Disregarded’ or with words of similar import, and any ballots contained therein shall not be counted.” Now you know how to have your cake and eat it, too. Just follow the simple procedures to verify the outer envelopes and you can be home in time for the 10:00 P.M. news.

 

Once you are elected to the board, make certain the directors’ and officers’ liability coverage is in place. In most instances, a board member’s duty is to exercise their reasonable business judgment. They can make decisions that later turn out great or bad, but so long as they acted reasonably under the circumstances, and without malicious intent, the association’s insurer typically stands by their coverage obligations. Noteworthy is that, as related to procurement of insurance, a condominium board member’s statutory duty as set out in s. 718.111(11), Fla. Stat, is one of “best efforts”. Casualties of all sorts can occur at any time. For example, just look to the recent tragedy that led to the death of Trayvon Martin.

 

Friends, family and clients are all asking, will George Zimmerman’s homeowners’ association be sued? Yes, most likely it will. That is one deep pocket not likely to be missed. We could also see intentional tort claims brought against the individual directors by the victim’s family. If such claims are victorious, then it’s the individual directors who are liable, not the association’s insurer. Under the circumstances, as reported thus far, a finding of individual board member liability is not unlikely.

The more difficult question to answer is whether the HOA will have liability for its actions or failures to act? Was the association, based on the acts of its boards (both past and present) negligent or grossly negligent (reckless disregard that rises to such a level so as to appear to be an almost willful violation of the safety of others)? If so, the insurers would likely fight to pay only their fractionalized share of the association’s blame. This is referred to as “contributory negligence” where each culpable party pays their share of the blame. You might also hear about some court activity where the plaintiffs try to force the association to suffer its judgment separate from the other defendants. Doing so could create opportunity for larger settlements and judgments. Think of it this way, would you rather receive just $1,000 from 10 people, or have 10 people each give you $1,000?

 

In many ways, suing a homeowners’ association is like suing a successful, well capitalized corporation. Without proper insurance coverage in place, a judgment against your association would also be your next special assessment. Make sure your association’s insurance professional is made aware of all activities taking place in your community, from watch committee activity to use of the clubhouse by private organizations. Crime and accidents occur everywhere, at any time, when you least expect it and without notice. Advance planning is your only defense.

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