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3 Lake Webinar Today: Management Strategies That Won’t Bust Your Budget Sept 27 | 1 PM (EDT) | 1 CE Credit*

3 Lake Webinar Today: Management Strategies That Won’t Bust Your Budget Sept 27 | 1 PM (EDT) | 1 CE Credit*

  • Posted: Sep 27, 2023
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Our expert will reveal how you can manage your lake or stormwater pond without going over budget!

Sign up today and learn the three categories of lake management expenses and how you can avoid costly restoration services. Earn 1 CE Credit!

REGISTER HERE
This webinar is approved for 1 CE credit for Community Managers and is also open to the public. Can’t make the live webinar? Register anyway and you’ll receive a recording.

 

MEET YOUR PRESENTER
David Cottrell
Botanist, Lake Management Expert,
Business Development Consultant

* This course is approved for 1 credit hour by the Community Association Managers International Certification Board (CAMICB) and the Florida Department of Business and Professional Regulation (DBPR)

 

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FLORIDA’S NEW “LIVE LOCAL” ACT  By Eric Glazer, Esq.

FLORIDA’S NEW “LIVE LOCAL” ACT By Eric Glazer, Esq.

  • Posted: Sep 27, 2023
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FLORIDA’S NEW “LIVE LOCAL” ACT

By Eric Glazer, Esq.

Here’s a new law that is already causing chaos in our communities.  As many of us are unfortunately already learning, there is a lack of affordable housing in our state.  In order to combat this problem, The Florida Legislature passed a new law.

The Live Local Act is a new Florida law that was designed to increase affordable housing development. The nearly 100-page piece of legislation allocates up to $811 million for affordable housing programs. It also carves out a variety of tax incentives, land-use policies and other strategic initiatives to encourage developers to build more affordable housing in the state.  Among them is a provision that modifies the approval process for new housing developments by requiring local governments to relinquish control of several zoning and land-use regulations.

Although I have not had the time to review the new law, it appears that the major problem with the new rules is that apparently, local officials are preempted from weighing in on zoning, density and height restrictions for eligible developments. Qualifying projects are defined as any residential housing project on commercial, industrial or mixed-use land that allocates at least 40 percent of units to be affordable for residents earning up to 120% of the area median income.

Think about this for a moment.  Think about a piece of land in your community that is commercial, industrial or mixed use and that is only a story or two tall.  Think about the fact that your local zoning laws require the structure to remain only a story or two tall.  Now think about throwing those height restrictions in the garbage, and instead allowing a developer to build affordable housing that is 30 stories tall on all of these properties, and nobody in your community has the power to stop it.  That’s the position that developers are certainly taking.

All of your local laws regarding height and density would be pre-empted by this new law and affordable housing, as tall as can be, would be the new law of the land.  Cities like Doral and Miami Beach are already fighting back.  No doubt that the courts will have to weigh in on this one.

Should the State of Florida be allowed to make a law that pre-empts your local zoning code and instead allow affordable housing to be built on any commercial, industrial or mixed-use property, without any restriction regarding density or height?  Seems scary to me.

 

 

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Have a dynamic and interactive discussion about Constructions Defects from the legal perspective and the participation of the engineer during the process.

Have a dynamic and interactive discussion about Constructions Defects from the legal perspective and the participation of the engineer during the process.

  • Posted: Sep 27, 2023
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Have a dynamic and interactive discussion about Constructions Defects from the legal perspective and the participation of the engineer during the process.

Click here to register today!

 

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Clear your schedule for this important networking and educational event! The Broward County Condo & HOA Expo is coming up Tuesday, October 10th, at the Signature Grand

Clear your schedule for this important networking and educational event! The Broward County Condo & HOA Expo is coming up Tuesday, October 10th, at the Signature Grand

  • Posted: Sep 27, 2023
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Clear your schedule for this important networking and educational event! The Broward County Condo & HOA Expo is coming up Tuesday, October 10th, at the Signature Grand, conveniently located just off I-595. If you haven’t already, be sure to complete your FREE REGISTRATION today.

This is an event you can’t afford to miss! In a single day, you’ll get the tools, information, and contacts you need to gear up for your property’s busy season:

  • Learn and get FREE CEU’s from 12 different seminars and courses covering today’s essential management topics, including Board Certification and Legal Update (But hurry – Seats fill up fast)!
  • Get advice from experts in law, security, property management, tax, accounting, and more.
  • Browse the newest products and services.
  • FREE PARKING! Attendees park for free in the Signature Grand’s surface lot surrounding the facility. Parking is available on a first-come, first-served basis – we strongly suggest carpooling if available.
  • FREE LUNCH! As a Community Association Manager, Board Member, Board President, or active HOA member, use promo code CLEAR when registering in the next 10 days and receive free lunch at the expo!

We look forward to seeing you on Tuesday, October 10th, at the Broward County Condo & HOA Expo!

Search our upcoming events find other Expos in October 2023

 

 

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OWE MONEY?  YOU MAY NOT BE ALLOWED TO RUN FOR THE BOARD  By Eric Glazer, Esq.

OWE MONEY? YOU MAY NOT BE ALLOWED TO RUN FOR THE BOARD By Eric Glazer, Esq.

  • Posted: Sep 24, 2023
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OWE MONEY?  YOU MAY NOT BE ALLOWED TO RUN FOR THE BOARD

By Eric Glazer, Esq.

I feel like I handled a thousand annual meetings in the last month, flying from one to the other.  When running the meetings, and depending upon whether the association is a condominium or HOA, it is important to know if the person running for the board, or even the winner of the election, is eligible to serve because they owe money to the association.

Let’s start with condominiums first, Florida Statute 718.112 (2)(d) states:

A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any assessment due to the association, is not eligible to be a candidate for board membership and may not be listed on the ballot.

So, in a condominium, the person’s eligibility to run and initially serve on the board is decided when the owner submits their notice to be a candidate, and that is no less than 40 days before the election.  If at that time,  the owner is delinquent in any assessment their name cannot be printed on the ballot and sent to the unit owners.  On the night of the election the association need not worry if anyone is delinquent and cannot serve because their name was already excluded from the ballot.

The law in a Florida HOA is much different.  Florida Statute 720.306(9)(b) states:

A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association on the day that he or she could last nominate himself or herself or be nominated for the board may not seek election to the board, and his or her name shall not be listed on the ballot. 

Lots of differences between the two statutes here.  In a condominium, you can only be prevented from being placed on the ballot if you owe an assessment.  In an HOA, your name can be prevented from being placed on the ballot if you owe any fee, fine or other monetary obligation to the association; a far more restrictive provision in an HOA.

In addition, remember that in most HOAs, nominations are taken from the floor on the night of the election.  That is the “day that he or she could last nominate himself or herself or be nominated for the board.”  Therefore, on the night of the election, we need to know if any of the proposed nominees owe any fee, fine or other monetary obligation.  If so, their name cannot be accepted into nomination.  They cannot run.

ONCE A DIRECTOR BECOMES 90 DAYS DELINQUENT

The Condominium Act states:

718.112: Director or officer delinquencies.—A director or officer more than 90 days delinquent in the payment of any monetary obligation due the association shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law.

The Homeowners Association Act states:

720.306(9)(b) A person serving as a board member who becomes more than 90 days delinquent in the payment of any fee, fine, or other monetary obligation to the association shall be deemed to have abandoned his or her seat on the board, creating a vacancy on the board to be filled according to law.

 

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Legal Morsel by Robert Kaye: “Federal Court Identifies Potential Collection Issue for Community Associations in Florida”.

Legal Morsel by Robert Kaye: “Federal Court Identifies Potential Collection Issue for Community Associations in Florida”.

  • Posted: Sep 24, 2023
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Federal Court Identifies Potential Collection Issue for Community Associations in Florida

Community association operations rely upon the timely and full payment of all assessments by all of the owners. One of the mechanisms that Florida law provides to put associations in a stronger position when an owner becomes delinquent is the “secured interest” of the association in the unpaid assessments by way of its ongoing lien against the unit or lot for the unpaid assessments. This secured interest puts the claim of the association at a higher priority than most other claims, other than a first mortgage or unpaid property taxes. However, a recent decision in the United States Bankruptcy Court for the Southern District of Florida, In re: Adam, Case No.: 22-10140-MAM, September 23, 2022, has cast a potential cloud on that secured interest.

In the In re Adam case, the Association previously obtained a judgment of foreclosure for over $76,000, which was considered as a secured interest by the Court.  The Association was also claiming an additional $36,558 which came due after the judgment was entered.  The owners were asking the Court to decide that the $36,000 was not secured and therefore uncollectible in the bankruptcy (or at least not fully collectible).

In deciding whether certain association claims were secured and collectible in the bankruptcy setting, the Court undertook an analysis of Florida law on the subject.  The Court noted that both the Florida Condominium Act (Chapter 718 F.S.) and the Homeowner’s Association Act (Chapter 720 F.S.) currently contain express provisions that identify that the lien of the association is effective from the original recording of the declaration (with the added requirement in HOA’s that the declaration specifically expresses this lien right).  However, the Court also points out that the Condominium Act was amended in 1992 to provide for this effective date.  (The Homeowner’s Association Act was amended to provide for it in 2008.)  Prior to these amendments, these Statutes provided for the effective date of the lien to be when it was recorded in the public records of the county.  The analysis of the Court required it to consider whether the current version of the Statute applies to the situation or whether an earlier version of the Statute is the controlling authority.  (This case involved a condominium so only the Condominium Act was considered in the decision.)

To make that determination, the Court applied the principles of the seminal case of Kaufman v. Shere, 347 So.2d 627 (Fla. 3d DCA 1977), which require declarations to contain the specific phrase “as amended from time to time” when identifying the Statute that governs the documents in order for the current version of the Statute to apply.  This is because Statutes are not retroactive in their application unless the legislature expressly makes them so in the Statute itself.  Both the U.S. and Florida Constitutions do not allow for the State to make a law that infringes upon the vested rights in an existing contract (which would be the declaration).  As a result, the contract (declaration) would need to have the specific “as amended from time to time” language (often called “Kaufman” language) to automatically incorporate changes to the Statute that is not otherwise retroactive.

When the Court reviewed the governing documents, it noted that they were from 1987 and did not have the Kaufman language.  As such, the Court held that the provisions of the declaration were the same as the Statute in 1987, which provided that the lien was effective only upon being recorded in the public records of the county.  Since the Association did not file another lien for the amount being claimed subsequent to the foreclosure judgment, the Court concluded that this portion was not secured.  In the bankruptcy setting, this meant that the Association would likely be unable to recover most, if not all of this claim from the Debtors, Mr. and Ms. Adam.

While this issue may be most relevant to associations when dealing with a case in bankruptcy, it is possible that it could also be raised in state court foreclosure cases under certain circumstances.  It is also important to note that this Bankruptcy Court did not include a significant issue in the analysis regarding the Statute at issue, that being whether or not the statutory provision was “substantive” or “procedural”, as those terms apply to this situation, which could have led to a different result.  (This portion of the legal analysis is quite technical and beyond the scope of this article.)

For communities whose declarations were recorded prior to the statutory changes described above, the first step in protecting the interests of the association is to review the documents to determine whether Kaufman language is already in them.  If not, the board may wish to consider proposing an amendment to the owners to change the documents to include this language, if not for the entire declaration, then at least for the timing of the effectiveness of the lien of the association.  Having qualified legal counsel review these issues in the documents is a strong business practice.

 

 


Kaye Bender Rembaum is a full service commercial law firm devoted to the representation of community associations throughout Florida. Under the direction of attorneys Robert L. Kaye, Esq., Michael S. Bender, Esq., and Jeffrey A. Rembaum, Esq. Kaye Bender Rembaum is dedicated to providing clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns. Most of our attorneys are Board Certified in Condominium and Planned Development Law. The associates of Kaye Bender Rembaum establish relationships with clients to understand their needs and goals. Kaye Bender Rembaum assists clients in all matters of Association representation including, but not limited to, collection of assessments, contract negotiation, covenant review and amendment, covenant enforcement and construction defect claims. Kaye Bender Rembaum also keeps clients up-to-date on new developments in the law and how they are personally affected by them. Kaye Bender Rembaum provides prompt, effective, high quality, cost-efficient and understandable legal advice and services to a diverse client base. Associates strive to help clients operate and administer their communities better and to educate them on their responsibilities and duties under Florida law and their governing community documents. Robert Kaye, Michael Bender and Jeff Rembaum are industry leaders who are often sought out by public policy makers and the media for advice and commentary on community association law. Offices in Broward, Palm Beach, Orange and Hillsborough Counties, as well as Miami-Dade by appointment. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Thank you for your interest in Kaye Bender Rembaum.

Website
https://kbrlegal.com/
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New law makes condos fix everything – Episode 66

New law makes condos fix everything – Episode 66

  • Posted: Sep 06, 2023
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Attorney Eric Glazer and co-host Karen Curtis will be taking your calls and YouTube questions on whatever topic you need answers to or whatever you need to get off your chest. Call us at 877-850-8585 during the show or chat with us on YouTube Live Chat. Condo Craze & HOAs Live on YouTube

Sunday@11am on YouTube! Link to the live stream

 

 

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As with each year, we hope for a season with no hurricanes coming our way.  However, it is safe to expect that there may be at least one such event in the coming months and, at the start of the hurricane season, it is prudent to plan for that possibility.

As with each year, we hope for a season with no hurricanes coming our way. However, it is safe to expect that there may be at least one such event in the coming months and, at the start of the hurricane season, it is prudent to plan for that possibility.

  • Posted: Sep 01, 2023
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If the Board desires additional information and contact information for obtaining the free inspection and analysis of the condition of the community, please contact Kaye Bender Rembaum.  The Firm wishes all a safe and peaceful hurricane season!


 Some of the planning steps that should be considered include the following:

  1. Create a Disaster Plan and establish off-site contact information and meeting points.
  2. Establish Evacuation Routes and conduct building or community evacuation drills in the weeks leading up to and once the hurricane season has begun.
  3. Verify Emergency Generators & Supplies operate and that fuel, flashlights, batteries, water and other necessities are available.
  4. Backup Computer Files and store information offsite, in case computers crash or systems fail.
  5. Secure the Premises – Make preparations for routine lockdown of the building(s) or other facilities as a storm approaches, so the building(s) is(are) secure during the storm and safe from vandalism or looting if a hurricane strikes.
  6. List of Owners & Employees – Have on hand a current, hard-copy reference list complete with the names of all property owners, emergency contact numbers and details of second residence addresses, as well as a list of all association employees, with full contact details.
  7. Photograph or Video Premises – Keep a visual record through video or photographs of premises, facilities and buildings to facilitate damage assessment and speed damage claims in a storm aftermath.  Consider having the premises evaluated by appropriate professionals to establish the conditions prior to any hurricane event. (see further details on this item below)
  8. Building and Facilities Plans – Make sure a complete set of building or community plans are readily available for consultation by first-responders, utilities workers and insurance adjusters following a storm.
  9. Insurance Policies & Agent Details – Be sure all insurance policies are current and coverage is adequate for community property, facilities and common areas and compliant with State Law; full contact details for insurance companies and agents should be readily available in the event of a storm.
  10. Bank Account Details & Signatories – Keep handy a list of all bank account numbers, branch locations and authorized association signatories, and make contingency plans for back-up signatories in case evacuation or relocation becomes necessary.
  11. Mitigation of Damages – In the immediate aftermath of a storm, take the necessary steps to mitigate damages – this includes “Drying-In,” which is the placement of tarps on openings in the roof and plywood over blown out doors and windows, and “Drying-Out,” which is the removal of wet carpet and drywall to prevent the growth of mold.
  12. Debris Removal – Have a plan for speedy removal of debris by maintenance staff, outside contractors or civic public works employees, should a hurricane topple trees and leave debris in its wake.

With respect to item 7 above, Kaye Bender Rembaum has become aware of at least one service provider that will bring in engineering professionals to make a physical inspection of the entire community to assess the conditions and establish a record for all such conditions prior to any storm.  The assessment will also identify conditions that may have resulted from Hurricane Irma from 2017, for which claims were not made or even found and may still be claimed.  In many instances, conditions of significant damage may not be readily apparent to the layperson, but to a qualified professional, very obvious.  Quite often, such an inspection can result in substantial additional insurance claims for the association to recover.  It is not unusual for an insurance carrier to reject initial claims following a major storm, citing to maintenance or pre-existing conditions as the basis for the denial.  The team of experts performing the assessment has assisted several communities overcome such rejections and ultimately receive additional settlement proceeds to make further repairs to the premises.  While there is no guaranty of such a result, without making such an assessment, the board will never know and certainly have no further recovery.  Most importantly, this inspection and assessment is undertaken at no charge to the association by this company, and with no obligation to the association!

 

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If your residential, commercial, or industrial properties have property damage, our Insurance Claims Attorneys can help with everything from A-Z on hurricane claims. by Cohen Law Group.

If your residential, commercial, or industrial properties have property damage, our Insurance Claims Attorneys can help with everything from A-Z on hurricane claims. by Cohen Law Group.

  • Posted: Sep 01, 2023
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Cohen Law Group would like to remind all Property Managers and CAMs that our firm has handled thousands and thousands of property damage insurance claims in Florida. We have decades of experience handling hurricane claims that have been denied, delayed, or reduced.

If you are unsure if your property sustained damage as a result of Hurricane Idalia you should ask for an inspection by a qualified contractor, estimator or building inspector to assess whether hurricane-force winds damaged or compromised the roofing system and building envelope. Many companies offer this initial inspection free of charge. Given the complexities of a large loss claim, consider consulting with an attorney experienced in handling commercial insurance claims for condominiums and homeowner’s associations.

 

We can connect you with top professionals in the industry to evaluate hurricane damage and we can assist you with handling an insurance claim the right way– today.

 

Here’s more information on how we can help you:

Cohen Law Group is certified through the state of Florida for Property Manager and CAM Continuing Education Credits/Classes. We have a one to three-hour CE class called “A CAMs/Property Managers Guide to Property Damage Insurance Claims”

We can schedule a free lunch and learn with your CAMs and will provide an overview of our suggestions and strategies as well as some examples of our vast experience with Residential Property Damage and Commercial Large Loss.

If your residential, commercial, or industrial properties have property damage, our Insurance Claims Attorneys can help with everything from A-Z on hurricane claims.

Please call us today at 850-318-7474 


Here are some tips for property owners

immediately after a hurricane:

You have 1 year from the date of loss to report the claim. Please do not hesitate in reporting the claim immediately as you are aware there is storm damage. Believing the damages are below your deductible is not a defense to this and the insurance company will use every day you wait against you later.

Thoroughly document all emergency repairs before and after they are completed. Insurance companies will try to get out of paying for these services if they believe they do not have sufficient information.

If you are displaced from your home or property, please keep all invoices and receipts showing costs that you incur. Likewise, if you have any damaged personal property, please take photographs of it before you throw it away.

Insurance companies cannot cancel your policy while you have an open claim. You should speak to an attorney to understand your rights. Insurance companies will routinely request that you sign documents and give statements to them that can and will be used against you later.

489.147 Prohibited property insurance practices.—

(1) As used in this section, the term:

(a) “Prohibited advertisement” means any written or electronic communication by a contractor which encourages, instructs, or induces a consumer to contact a contractor or public adjuster for the purpose of making an insurance claim for roof damage, if such communication does not state in a font size of at least 12 points and at least half as large as the largest font size used in the communication that:

1. The consumer is responsible for payment of any insurance deductible;

2. It is insurance fraud punishable as a felony of the third degree for a contractor to knowingly or willfully, and with intent to injure, defraud, or deceive, pay, waive, or rebate all or part of an insurance deductible applicable to payment to the contractor for repairs to a property covered by a property insurance policy; and

3. It is insurance fraud punishable as a felony of the third degree to intentionally file an insurance claim containing any false, incomplete, or misleading information.


Harvey V. Cohen, President

Harvey Cohen Signature

     

At Cohen Law Group, It’s About Justice!

It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.

(850)318-7474

Members of  SFPMA – https://sfpma.com/listing/cohen-law-group/

 

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After the Storm Passes, what should you and your Association do in a Natural Disaster

After the Storm Passes, what should you and your Association do in a Natural Disaster

After the Storm Passes, what should you and your Association do in a Natural Disaster

 

There is an eerie quietness that can often be felt after a disaster like a hurricane of flash flooding, the time after the rain has stopped but the sun still hasn’t returned. Returning to business as usual after your community has faced a natural disaster can be difficult, the responsibilities can seem endless but there are some steps you can take to ensure that your community is as strong and thriving as before.

2023 has been a challenging year in every regard, not the least of which has been related to the Atlantic Hurricane Season, the most active since 2005. With over 23 named storms, including eight hurricanes and over 24 tropical or subtropical cyclones, it’s easy to see why so many are patiently waiting for the storm season to come to a close. Officially over on November 30th, the damage done to many communities will continue to affect homeowners and HOA board members alike. We’ve previously discussed implementing a disaster plan for your community but what comes after the storm can be just as important.

Failure to immediately mitigate post storm damage can have detrimental consequences for homeowners and the community in general, which is why it’s tantamount that you are prepared to take quick decisive action after a storm and know the steps involved. Please check with your communities insurance agent and your licensed community staff to determine if your state has any specific laws regarding the association and its responsibilities after a natural disaster.

Communication Is Key

Following a storm, whether it be a hurricane or simple hail damage, communicating with homeowners is by far the most important and often overlooked step that the community association can take. Often an emotional and overwhelming time for any resident, damage to the homes in your community can take many forms and can be addressed in various ways so it’s important for your board to keep an open line of communication with your owners so they are aware what steps are being taken by your association and what they will need to be responsible for in the aftermath.

In some states the board’s first challenge may be to understand whether to look to the communities Declarations and Bylaws or to the State and Local laws to determine who is responsible for what. In Florida for instance, the Florida Condominium Act can assign certain responsibilities to the association that they would not normally be involved with and can be in direct opposition to existing declarations at the community. We highly recommend communicating regularly with members of your licensed local community staff and your insurance providers to ensure that you are doing all of the right things to ensure your communities return to harmony.

Inspect for Damage

You may want to start with the simple process of inspecting your community for damages. Buildings suffering damage should have been secured from further water intrusion, through temporary roofs, boarded windows, and sliding glass doors, which will need to be replaced. Construction debris from the storm should have been be removed or at least contained.

Every unit should have been inspected by the Association, preferably on several occasions, to ensure that there is no moisture to the interior of the units. Moisture detected, on areas such as wet carpets or soggy drywall, should have been removed. The drying process can typically be accomplished through interior climate manipulation through dehumidification, heating and/or air conditioning. The association’s insurance adjuster should be involved throughout the dry-out process. For more complex water intrusion dry out, an outside neutral party should also be involved.

Every association and unit owner should have contacted their insurance carriers to file insurance claims. Associations should ensure that every insurance carrier with potential responsibility has been put on notice. At this point, if the adjuster has not yet visited the premises, this should be immediately addressed with your insurance agent. Your insurance adjuster will attempt to document the site, but the association should document existing conditions by taking pictures and video of the damage.

Finding Experts for the Repairs

After all units have been inspected for damage and the appropriate representatives have been notified you can begin the process of finding contractors or storm damage experts to help start the repairs Associations with buildings that have incurred moderate to significant damage should retain an independent consultant such as an architect or engineer, with no financial stake in developing the repair specifications. Often, this will be an architect or structural engineer, and may even be a type of qualified consultant for particular items. Condominium documents often require a reconstruction plan to be prepared by an architect or engineer.

Contractors should be appropriately licensed in your state for the type of work they will be performing, carry adequate insurance, and so forth. Although time is of the essence in moving forward with hurricane damage repair projects, a great deal of money is involved and the association can best protect itself by ensuring that there is appropriate legal review of any contracts or other documents. General contractors and many specialty contractors must be registered with the state. Licenses and complaints against such entities can often be checked online or can be requested from your community management company if they are providing the contractors.

Making Emergency Repairs

In the event that homeowners have damages that pose additional risk or could lead to additional losses, it’s important to make some emergency repairs. Again knowing that communication and documentation are vital, try to document all of the necessary repairs and the steps taken to make those repairs, using photographs and dated records can help in the event that there is any dispute on the timeline or the necessity of the repair with insurance later.

In many cases the emergency repairs can be temporary and may require additional maintenance when the insurance company has settled on a permanent solution. These temporary repairs can include things like using a tarp on a leaking roof or adding plywood to broken doors and windows, and the cost may initially come out of the owners pockets but can be reimbursed at a later date by the insurance company.

The Vital Role of Insurance Professionals

Throughout this article and the process of rebuilding one thing remains constant, the need to be continually consulting with your insurance company and the experts they employee. Dealing with damage to your home is never pleasant and it can become almost impossible when the board needs to deal with their own home damage plus the overall community health and rebuilding. It is important to determine who insures which portion of the condominium property because the statute provides that the person or entity that insures the property is also the person or entity who repairs that portion of the property. Generally, any portion of the condominium property that must be insured by the association and which is damaged by a casualty or insurable event, will be repaired by the condominium association and the costs of such repair will be assessed as a common expense against all unit owners.  Unit owners are responsible for repairing any portions of the condominium property that it is required to insure and the cost of such repairs to be paid by the owner of the unit that suffered the damage.

In conclusion, if your condominium suffers damage due to a hurricane or another storm event, the association will need to consult with its insurance agent and its legal counsel to determine if the damage suffered was due to a casualty, or insurable event, and thereafter decide who will need to repair the damage and pay for the costs of such repair.  Prompt action must be taken to protect the condominium property and the association.  If your association needs further guidance on this issue, it should consult with its attorney or the knowledgeable management staff.

On SFPMA Members directory, find Law firms, Insurance agents, Public adjusters, roofing companies..

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STORM DAMAGE CLAIMS FOR YOUR CONDO AND HOA PROPERTIES! by SFPMA

STORM DAMAGE CLAIMS FOR YOUR CONDO AND HOA PROPERTIES! by SFPMA

  • Posted: Aug 29, 2023
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STORM DAMAGE CLAIMS FOR YOUR CONDO AND HOA PROPERTIES!

SFPMA & Members are ready to Handle Storm Damage & Claims for Condo and HOA Properties!

These Trusted Members are; Legal Firms, Public Adjusters, Roofing Engineering & Service Companies that work with you on Solutions to Storm Related Damage.

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Protect Your Condo & HOA This Hurricane Season!

The Florida hurricane season runs from June 1 through November 30. According to the National Oceanic and Atmospheric Administration (NOOA), this year is predicted to be another above-normal season.

The Hurricane season starts on June 1 but it’s never too early to prepare. Damage from a hurricane can be costly for all businesses and can pose hazards for you and your employees. Fortunately, there are ways that you can fortify your business against a hurricane to minimize losses and reduce risks for workers.

As part of “Planning Ahead” for a Disaster, the SBA encourages you to consider taking these simple steps to prepare: Assess your risk; Create a plan, Execute your plan. Statistics show that 25% of small businesses don’t re-open after a disaster. Visit the SBA’s Prepare for Emergencies website to learn more about how to prepare and recover if a disaster strikes.

NOOA officials also encourage consumers to take the following steps:

  • Visit Ready.gov and Listo.gov for useful and valuable disaster preparation resources including checklists and templates for your business and your home.
  • Download the FEMA app to sign-up for a variety of alerts and to access preparedness information.
  • Consider purchasing flood insurance.

Visit the National Hurricane Center’s website at hurricanes.gov throughout the season to stay current on watches and warnings.

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