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SO WHERE DO WE STAND NOW IN REGARDS TO RESERVES ? by Rafael Aquino

SO WHERE DO WE STAND NOW IN REGARDS TO RESERVES ? by Rafael Aquino

  • Posted: Oct 04, 2023
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SO WHERE DO WE STAND NOW IN REGARDS TO RESERVES ?

by Rafael Aquino

The use of associations funds is one of the most critical roles a board of directors manages on behalf of its members. Many times the benefit of those funds can make or break an association. It is essential to get a snapshot of what’s going on with the association’s funds before the purchase of your unit and even more so after your purchase. While it may seem challenging to know what is going on before your purchase, the reality is that you can get an idea by reviewing the financials and checking to see the association has a reserve study on file.

 

Not enough homework is done early on by potential buyers, or their agents, to determine the association’s financial strength, and they assume that all is well. That assumption can cost thousands of dollars if made incorrectly. How can you avoid it? The first step would be to dig into the financial statements; within those statements, you’ll know much money your association has in its operating account and reserve account (if it exists.) Second, you can review the Income/Expense (also known as a P&L) to determine if significant variances exist. If they do, you will need to find out why they exist. You can then compare your current operating and reserve account funds to what your reserve study states you should have. The reality is that most associations won’t meet the suggested capital contributions needed within the reserve study; however, you do want to know if the difference isn’t outrageous. If it is, you may decide not to purchase in that building, or if you’re a current owner, it may be time to sell. Remember, it’s not if it will happen, but when it will happen.

  

For individuals wondering what a reserve study is, it is a long-term capital budget planning tool that helps the board of directors and management identify both the physical analysis (useful life) and the financial analysis of the components in the common areas. This tool will allow your board to plan appropriately, project its future projects, and determine when and how the money they do have should be spent. I’ve seen it firsthand where a board wants to upgrade the pool area because they promised the owners they would improve the look of the property, but at the same time the cooling tower needs a significant overhaul. As odd as it may seem for most, this decision is simple; however, that is only true based on the leaders (board) you have appointed.

 

While many communities don’t have reserves, this should not stop you from obtaining a reserve study. The cost to get a reserve study is minimal compared to the information/knowledge you and your board would gain. We strongly recommend our clients obtain it; in fact, we had a client who listened to our suggestion and purchased a reserve study a few months before the budget season. Once they received the study, they quickly realized that it was time to start putting real plans in place. A few months later, that board decided to begin funding the reserves.

 

For those potential buyers looking to purchase in an association, make sure you do your homeowner. For those owners that already own in an association, make sure to ask your board members if they have a reserve study on file and if not to consider getting one. I believe it’s better to know what will potentially come so the proper steps and plans can be taken to either correct and/or communicate it to your membership.


 

As the Co-Founder and CEO of Affinity Management Services, Rafael P. Aquino leads his team to redefine excellence. They serve community   associations   efficiently

 

and effectively with dedication and passion. Rafael’s energy and positive spirit is the foundation of Affinity Management Services’ company culture, which instills enthusiasm and excitement when providing expert advice to its board members and relieving the day-to-day burdens of running a community association.

Since 2007, Rafael has developed a work culture that values responsive and high-quality services. He has led his team by following a proactive vs reactive philosophy. The same approach Rafael instills in the day to day operations of each association. Today, Affinity Management Services maintains its success and benefits as a result of the foundation Rafael has built and continues to foster by providing educational seminars, continuing education classes for association managers and board members alike.Rafael and his team help condominium and homeowners’ associations save money and improve their communities. His calm, personable, and service-oriented nature helps him to establish strong relationships with ease. Rafael is known as a sincere and honest leader who looks out for the best interests of his clients and communities, and he strongly advocates for their needs. His role requires coordination and communication, as such he takes logical and intelligent steps to approach challenges head-on.


As a graduate of Florida International University’s electrical engineering program and a licensed community association manager, Rafael’s education and skills equip him with unique insights to tackle complex problems through critical thinking. He understands how each component within a system works together in order to effectively arrive at solutions, techniques, and conclusions. Therefore, as he manages the multiple challenges of running a community association management company, he understands how each property is its own unique system and tailors’ specific services to assure that all their needs are met.

For more information about Rafael P. Aquino and Affinity Management Services please visit www.ManagedByAffinity.com or call 1-800-977-6279

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Do you have a residential or commercial property in Florida, Georgia, Texas, North Carolina or South Carolina? The public adjusters at Sarasohn & Company are experts at maximizing your insurance claim recovery. We don’t get paid unless you do!

Do you have a residential or commercial property in Florida, Georgia, Texas, North Carolina or South Carolina? The public adjusters at Sarasohn & Company are experts at maximizing your insurance claim recovery. We don’t get paid unless you do!

 Sarasohn & Company can assist in preparing your claim, guiding you through the claim process and helping to achieve the most favorable settlement. In addition to numerous state licenses, Stephen Sarasohn has held the nationally recognized designation of Senior Professional Public Adjuster since 1988.

Adjusters working for the insurance companies are obligated to treat all claimants fairly and impartially. However, they are paid by the insurance companies for their efforts. The state recognizes that you, the policyholder, are entitled to equal representation and you may retain the services of an expert adjuster to assist in the claim process.

Building Claims

In order to properly adjust any claim for damage to a structure, it is important to prepare a detailed repair estimate.  Sarasohn & Company will do that on your behalf.  Whenever necessary, we will employ the services of architects, engineers, contractors and other independent experts at no additional cost to you.

Full consideration is given to the provisions of your policy, as well as applicable statutes and case law, so as to maximize the recovery. This includes consideration of depreciation, coinsurance, code upgrades, deductibles and any other factors important to a successful adjustment.  Sarasohn & Company is also equipped to provide project management for the reconstruction process.  Project management is a field used in large construction projects to coordinate the various aspects of the repairs. This service is provided at no additional cost.

 

Personal Property Losses

All insurance policies require the submission of a complete inventory of both the damaged and undamaged personal property.  This includes machinery, trade fixtures, appliances, merchandise inventory, household furnishings, clothing and all other movable property insured under the policy.  This coverage also covers improvements and betterments on tenants’ policies, which can be treated several ways for claims purposes.

Sarasohn & Company has on its staff, experienced personnel who are capable of filling these requirements.   In addition to listing the property involved, our experts will calculate the replacement cost and actual cash value of each item as well as the repair cost when appropriate.  We will determine salvage value, if any, and help arrange for protection of the property from further damage, as required by the policy.  Our services can be helpful in documenting your tax loss, if any.

 

Loss of Income Claims

One of the most complex aspects of your claim involves calculating the loss of income you will suffer as a direct result of damage to real or personal property.  Sarasohn’s long term experience has helped to develop a team of forensic accountants who have proven to be outstanding in their ability to adjust claims in a way most favorable to the policyholder.  The services of CPA’s and tax attorneys are engaged when necessary, at no additional cost to you.

One of the questions that usually arise in a loss of income claim involves the continuation of payroll during the period of restoration.  It is extremely important that a method be established as soon as possible after the loss, to resolve this aspect of the claim.  Sarasohn & Company, with its years of experience will assist you with these important decisions.  Extra expense coverage can be used creatively to make up for insufficient property coverage, should that scenario exist.

Stephen Sarasohn SPPA
stephensarasohn@gmail.com
Public Adjusters since 1924
www.sarasohn.net
561-368-5000 office
561-866-3589 cell

 

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7 Pond Maintenance Tips from SOLitude to Complete This Fall

7 Pond Maintenance Tips from SOLitude to Complete This Fall

7 Ways to Prepare Your Waterbody for Success This Autumn

Following the hot, humid weather that accompanies summer, the fall season brings a sigh of relief with less intense sunshine and cooler temperatures. Just as the trees reflect the changing of the seasons, your water resources can also experience change. Fall is a perfect window to complete lasting maintenance. It’s important to stay on top of lake and pond management to facilitate fall recreational activities and to ensure you can enjoy it to its full potential come spring.

1. Rehabilitate eroded shorelines:

As algae and vegetation growth subside, there are many opportunities to tackle management projects that could not be accommodated during the summer. Erosion around shorelines often becomes more visible and this short window before winter is perfect to introduce a bioengineered shoreline using SOX Solutions. Depending on the size of the affected area, SOX can be installed within a few days or weeks to anchor sediment in place. It can then be planted with grass or sod to restore aesthetic beauty to the landscape around your waterbody. The knitted mesh system’s strength and integrity ensure the transformation is safe and long-lasting.

1. Rehabilitate Eroded Shorelines (before) - resized1. Rehabilitate Eroded Shorelines (after) - resized
2. Manage nuisance and beneficial plants

2. Manage nuisance and beneficial shoreline plants:

In addition to addressing dangerous erosion issues, the shoreline should be examined for woody vegetation and invasive plants like Phragmites australis, both of which should be physically removed to prevent further destabilization and potential damage to stormwater equipment. Native buffer species should be trimmed and the clippings should be removed from the site. Likewise, falling leaves, grass clippings, and other fall materials should be cleared to ensure they do not enter the water, decay, and create harmful water quality imbalances that could encourage algae growth come spring. Plant matter is also known to clog stormwater equipment and floating fountains.

3. Restore valuable depth

3. Restore valuable depth and volume:

If erosion and plant decay have accumulated over many years due to lack of proactive management, it may be time to restore depth in affected areas with hydro-raking. A hydro-rake is a floating barge with a mounted backhoe that can gather up to 500 pounds of muck in each scoop and deposit it on the land for disposal. Because a hydro-rake works from the water, it does not impact delicate shorelines. Fall is a perfect time for hydro-raking projects so the accumulation of leaves, branches, and decomposing plant matter can be removed before they negatively impact water quality conditions later in the year.

4. Execute your aeration plan

4. Execute your aeration plan:

That brings us to aeration. If your lake or pond has a fountain, now is the perfect time to schedule an ‘oil and seals’ service, which should be performed every three years. For those who live in colder climates, you may desire removal and winter storage for your fountain. If so, this should be completed by early December. In slightly warmer climates, fountains and submersed aeration systems can be left in the water to reduce ice formation and prevent stratification (the distinct layering of water temperatures and dissolved oxygen levels), which can cause fish kills. And new solutions like Oxygen Saturation Technology can also prevent fish kills by introducing necessary oxygen to anoxic layers of the water without causing thermal stratification.

5. Collect data & identify...

5. Collect Data & Identify physical changes in your waterbody:

Proactive management is crucial to preserve the long-term health and beauty of your water resources. However, no two waterbodies are exactly the same and benefit most from a customized plan. Data is an important tool to help learn what your lake or pond needs to thrive. Just as water quality testing provides insight into the chemical components of the water, it is also beneficial to examine the physical components of the water resource.

Bathymetric mapping is the go-to tool to “see” below the surface and uncover the unique depths, contours and structural components at the bottom. When completed every 3-5 years, bathymetric studies can be compared to track physical changes over time. Other types of mapping can reveal total surface area and sediment accumulation, making it easier to create a timeline and budget for future dredging needs.

Mapping can take place any time of year, but it is often prioritized during the fall when the valuable data is used to facilitate planning or permitting needs and inform budget projections.

6. Stock winter sport fish

6. Stock winter sport fish:

While most sport fishing tends to subside as temperatures decline, angling activities do not have to end. Autumn provides the perfect backdrop to stock rainbow trout, which thrive all fall and winter. To do this successfully, it’s important to ensure water temperatures have consistently reached below 70 degrees. Once introduced to your waterbody, trout will thrive over the next few months until temperatures rise back up in the spring.

Stocking a lake in the fall is one of the easiest things owners can do to create some fish diversity and to add excitement to their fishing experience. Trout are especially fun to fish and can transform a community pond from just an aesthetic feature to an exciting meeting place for adults and children alike.

rebalance water quality - nutrient remediation and liming

7. Rebalance water quality:

In addition to trout stocking, waterbodies prized for their year-long fishing experiences can benefit from pond liming. In acidic ponds, liming is an important method for correcting the associated water quality issues and improving fish productivity. Fall and winter are the recommended timeframes to complete these applications as they can’t always be prioritized during the growing season. The process is delicate, so it’s important to consult with a freshwater management professional to implement a water quality assessment and determine if liming is right for your waterbody.

water testing - lake assessment - surveying - mapping - solitude team - colleague - leadership - community

Takeaways:

Though year-round annual management is an important part of pond ownership, fall is a great time to implement a variety of techniques and strategies that aren’t always feasible during the warmer months. It’s also a time to consider your goals for the following year and begin the planning required to achieve them. Your professional lake manager can help you throughout the process and ensure you are on the right track to maximize your budget and the enjoyment of your waterbody for years to come.

 

Find out more about SOLitude Lake Management. Members of SFPMA helping clients with their water bodies all over Florida and in Many other States. 

 

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HOA Parking Lot Flooded?  Now is the time to give  Allstate Resource Management a call!

HOA Parking Lot Flooded? Now is the time to give Allstate Resource Management a call!

 

Our schedule is filling up fast for storm drain cleanings, the rain that occurs in the summer can flood your HOA quickly!

Contact us to talk to a Stormwater Specialist today!

Contact us at 954-382-9766 or info@allstatemanagement.com

Learn more about how Allstate Resource Management can help.  View our Membership Page on SFPMA Directory and Contact us.

Allstate Resource Management has over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management. Our services include lake managementwetland managementstormwater drain cleaning and maintenance, erosion controlfish stockingnative plantingsdebris removalwater qualityaquatic pest control, and upland management. All of our technicians are thoroughly trained and certified in order to meet the strict standards imposed by governmental agencies. This ensures that your property will be treated by only the most competent individuals who are proud of the services we render.

In addition to providing a healthy habitat, we specialize in the installation and maintenance of beautiful color lit fountains, bringing beauty and enjoyment to any lake or pond.

We also offer support services for property managers and HOA’s including educational presentations and CEU programs. Our approved courses offer continuing education credit to CAMs. When you search the Upcoming Events page on SFPMA each month you will find the Educational Classes Offer or Contact us directly so we can schedule an event at your Condo or HOA with a day packed with information and fun for all.

Colleen Sullivan
Marketing Manager
www.allstatemanagement.com
6900 SW 21st Court, Building #9
Davie, Florida 33317
Phone: (954) 382-9766
Fax: (954) 382-9770

 

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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.

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

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.

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”.

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/
Phone
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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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