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Preparing for Extreme Heat: The New Natural Disaster by Donna DiMaggio Berger of Becker

Preparing for Extreme Heat: The New Natural Disaster by Donna DiMaggio Berger of Becker

  • Posted: Jul 28, 2023
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Preparing for Extreme Heat: The New Natural Disaster

by Donna DiMaggio Berger / Becker

The word “hot” has many connotations: it can reveal anger when you say someone is “hot around the collar”; it can invoke personal appeal or desirability “he’s so hot”; it can refer to a disorganized person or situation, hence the description as “a hot mess”; and can also be used to describe an emotional issue or topic as a “hot button”. However, since the earliest of times, the word hot has been used to describe the temperature and we’ve been hearing this word a lot lately in many parts of the US given the ongoing heat waves. More than 61,000 people died in 2022 because of the heat waves that swept the European continent. We won’t know for some time how many US fatalities have occurred due to our extreme heat during the summer of 2023.

Extreme heat can cause dehydration, heat exhaustion, exacerbation of existing medical and mental health conditions, respiratory distress, and heatstroke. Dehydration can cause dizziness, fatigue, and muscle weakness. Heat exhaustion may result in heavy sweating, nausea, headache, rapid heartbeat, faintness, and muscle cramps. Extreme heat can more greatly affect people with underlying respiratory, cardiovascular and kidney disorders with extreme heat being tied to an increased risk of heart attacks or other cardiovascular events. Heatwaves have also been linked to diminished air quality in urban areas which can worsen respiratory conditions such as asthma. Lastly, extreme heat can impact mental well-being, leading to irritability, mood swings and difficulty concentrating, all of which can make communal living more stressful.

Dealing with extreme heat events in a multifamily building, especially for those on fixed incomes, can be challenging. What should your association board and management team be doing in response to an extreme heat event? Certainly, including preparation for heat waves into your emergency disaster plan is recommended. The following are some items you may wish to consider:

  • If your association has employees, work with counsel to review your employee guidebook particularly for employees whose work requires them to be outdoors. For those employees, you will want to be sure that they have access to plenty of water throughout the day to stay hydrated and replace fluids lost through perspiration. If those employees are required to wear a certain uniform that is not well suited to an extreme heat event, you should consider an alternate uniform for extreme heat event. You may also want to be confirm that your outside vendors who provide services outdoors have provided adequate water and protection from the sun for their workers.
  • Create shade around the building by using umbrellas, awnings, or strategically placed vegetation to reduce the impact of direct sunlight. Bear in mind that some of these shade additions may require advance membership approval.
  • Revisit any architectural control guidelines you have in place which may restrict or prohibit the use of fans on patios, balconies and lanais. Fans are used to circulate air and can create a cooling effect. Consider how curtains, blinds and blackout shades may reduce the temperature inside units particularly if a unit owner is not running the AC at reasonable temperatures. Allow people to close their blinds and/or their hurricane shutters during the day to block out direct
    sunlight and prevent heat from entering the living space.
  • Consider limiting daytime hours of play for outdoor tennis and pickleball courts as well as any other outdoor recreational areas when temperatures are soaring. Installing thermometers on the common areas may also help remind your residents about climbing temperatures.
  • Consider purchasing a whole building generator if you don’t already have one. In the event that increased electric demands during a heat wave cause a blackout or brownout that generator may save lives in your building. Naturally, a generator will also help in the aftermath of a windstorm which knocks out electricity.
  • Check in with your residents who may be living alone and dealing with physical or mental health challenges as well as economic burdens. These residents may not be running their A/C as often or at a
    temperature that is needed for their wellbeing. This is also the time to confirm that you have emergency contacts for your residents.
  • Reach out to local community organizations, social services, or government agencies that provide assistance during extreme weather events. They may offer cooling centers, fan distribution programs, or other resources for your residents.

The strategies your board and management team use in response to an extreme heat event depends, in large part, on your building’s location and infrastructure as well as the available monetary and personnel resources. However, there are some basic steps all associations can take to educate their residents about the dangers of extreme heat. The phrase, “we’re having a heat wave” doesn’t have to spell disaster in a well-prepared community.

For additional information please listen to my podcast conversation with Jane Gilbert, Miami-Dade’s Chief Heat Officer which can be found here.


 

 Donna DiMaggio Berger is a Shareholder with the Becker law firm, is Board-certified, is a Fellow with the College of Community Association Lawyers (CCAL) and is a keynote speaker and the host of the popular Take It To The Board podcast on association issues.

Donna DiMaggio Berger is a Shareholder in Becker’s Community Association Practice in Ft. Lauderdale, Florida. She is a member of the College of Community Association Lawyers (CCAL), a prestigious national organization that acknowledges community association attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. She is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

As Founder and Executive Director of Becker’s Community Association Leadership Lobby (CALL), Ms. DiMaggio Berger has led various community association advocacy initiatives, working with legislators and other public policymakers on behalf of those who live, serve, and work in common interest ownership communities. She has testified before the Florida Legislature regarding community association law and frequently appears on radio talk shows and in print media discussing these issues.

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Florida Insurance Journal Report:  Claims Litigation Not Named as Major Factor in Florida Insolvencies

Florida Insurance Journal Report: Claims Litigation Not Named as Major Factor in Florida Insolvencies

  • Posted: Jul 28, 2023
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Head Scratcher? Claims Litigation Not Named as Major Factor in Florida Insolvencies

 

Despite years of complaints from Florida property insurers and some lawmakers that out-of-control claims litigation was destroying the industry, recent regulators’ reports about the reasons for insolvencies make little mention of the “L-word.”

The omission has prompted some head scratching and new questions by policyholder representatives.

“That’s ridiculous,” said Gina Clausen Lozier, a south Florida plaintiffs’ attorney. “You’d think with all the concerns about litigation in the last few years that would be number one on the list.”

The Florida Department of Financial Services’ Division of Rehabilitation and Liquidation posted its 2022 Annual Report in April. It recently caught the eye of advocates for homeowners, policyholders that have seen premiums spike in Florida while at least 10 insurers have become insolvent since early 2021. The R&L report’s page 7 lists “factors contributing to insolvency,” including:

  • Inadequate capitalization or asset deterioration
  • Improper management
  • Insufficient claim reserves
  • Rapid premium growth
  • Inappropriate transactions with affiliates or subsidiaries
  • Inadequate premium rates
  • Natural disasters or catastrophic losses
  • Change in business conditions
  • Reinsurance market issues.

Claims litigation, which industry supporters have often called the number-one reason for insurers’ financial troubles in Florida, and which led to major legislative reforms in the last five years, is not mentioned directly in the report. That suggests that insurance company leadership and corporate structure, not trial lawyers, are more to blame for mismanaging operations and failing to maintain adequate reserves, said Doug Quinn, executive director of the American Policyholder Association, a national, non-profit group that advocates for investigations into insurers’ claims practices.

“All of the finger-pointing and scapegoating at consumer fraud, excess litigation, and roofing scams are just to divert attention away from what’s really going on behind the scenes,” Quinn said. “There’s a lot of finger-pointing at outside parties, but failing at business is an inside job.”

A Department of Financial Services official, responding to questions from Insurance Journal, said claims litigation is a factor behind the factors listed in the report. The R&L annual report examined insolvencies from 2017 through 2022, including the liquidations of St. Johns Insurance Co., Avatar Property and Casualty Insurance, and Southern Fidelity Insurance, said Devin Galetta, communications director for Florida’s chief financial officer, Jimmy Patronis.

“While the words ‘claims litigation’ do not appear on that particular page, the reality is that during the period covered by these reports, 79% of the nation’s homeowners insurance lawsuits were filed in Florida while the state only accounted for 9% of the nation’s homeowner’s insurance claims,” he said in an email, citing an oft-quoted statistic compiled by the Florida Office of Insurance Regulation, based on data from the National Association of Insurance Commissioners.

“‘Claims litigation’ is a driving factor for many of the listed insolvency factors, including asset deterioration, insufficient claims reserves, inadequate premium rates, reinsurance market issues and changing business conditions,” Galetta said.

He added that litigation is not the only force behind recent insolvencies. “But it is a throughput that causes a wide variety of disruptions to the insurance market as initial estimates of a storm’s cost continue to increase for months or years after a storm makes landfall, due to litigation costs.”

Other factors include sharply rising reinsurance prices and inadequate premium levels, which are included in the report.

The spike in reinsurance rates in the last three years reflects excessive claims litigation as much as anything, said Kevin Comerer, a consultant and registered lobbyist with Rubin, Turnbull & Associates, in Tallahassee. He was previously legislative director for a major Florida property insurer. Comerer noted that reinsurers have pulled back from the Florida market and have raised prices in large part because litigation soared between 2018 and 2023.

“You were seeing losses in year two and three that were equal to or greater than year one after a hurricane, and that was all because of an explosion of roof claims and lawsuits,” he said.

The R&L annual report isn’t the only regulatory document that doesn’t emphasize litigation as a driving force.

The division is required by state law to produce port-mortem reports each time an insurer is deemed insolvent. The division’s website lists insolvency reports only through 2019, but Galetta provided initial reports for four insurers that went out of business in 2022 and 2023: United Property and Casualty Insurance Co.; FedNat Insurance; Weston P&C; and Southern Fidelity.

In two of those reports, for FedNat and for Weston, claims lawsuits, litigation and attorneys fees were not listed.

“Despite significant capital infusions in 2020 and 2021, FNIC’s surplus as regarding to policyholders continued to decline,” the 7-page FedNat report notes. “Additional factors included poor operational results, limited access to additional capital, and a jeopardized financial stability rating.”

For Weston, the division said weather events played a significant role.

“The company had insufficient assets or reinsurance to pay potential claims to policyholders during the 2022-2023 Atlantic Hurricane season,” the report said. “Despite actions taken by Weston to improve its financial condition, including a Capital Management Plan and Risk Based Capital Plan, Weston’s surplus as regards policyholders continued to deteriorate and ultimately led to the company’s referral for delinquency proceedings.”

For United and Southern Fidelity’s delinquency proceedings, lawsuits were named as one contributor.

“UPCIC’s losses over multiple years affected its surplus,” the United report noted. “The large percentage of litigated claims drove up its costs. The $140 million reserve deficiency related to Hurricane Ian in September 2022 resulted in the company’s referral to the Department for delinquency proceedings.”

Florida insurance defense attorneys, carrier executives, industry lobbyists and prominent legislators in recent years have also pointed to assignment-of-benefits agreements as a major problem, leading to wildly inflated roof and water-damage claims and unnecessary litigation. The Florida Legislature in 2019 approved measures to limit AOBs. In 2022, lawmakers barred one-way attorney fees in AOB litigation, then outlawed AOBs altogether.

Only the Southern Fidelity insolvency report lists AOBs as a factor.

“Litigated claims related to Assignment of Benefits claims drove up costs in 2014-2015,” the report reads. “Losses from Hurricane Ida in 2021 are projected to exceed the top of the company’s catastrophe reinsurance tower. Ultimately, Southern Fidelity’s failure to secure a reinsurance program for the 2022 hurricane season and the late development of reserves for Louisiana claims exhausted the remaining surplus which resulted in the company’s referral for delinquency proceedings.”

Quinn and others have maintained that litigation has played a smaller role in financial losses than industry leaders have said, and intricate corporate structure and “profit shifting” are more to blame. At the May 2022 Florida special session on insurance reform, several Democratic lawmakers, including then-state Sen. Gary Farmer, D-Broward County, said that a number of companies had diverted profits to managing general agencies, leaving the actual insurance companies with inadequate reserves.

Quinn suggested the DFS reports bear that out with their references to “inappropriate transactions with affiliates or subsidiaries.”

“Properly managed and reserved companies do not go under,” Quinn said.

Industry advocates have strongly disagreed, noting that most insurers would not deliberately bleed themselves dry. Instead, they have argued, under the perfect storm of Florida statutes and court decisions that evolved over the last two decades, claims lawsuits and fraudulent roof claims became a cottage industry that exploded as some plaintiffs’ attorneys took advantage of prevailing-attorney fees and fee multipliers.


Thank You to the Cohen Law Group for sending us this article.

At Cohen Law Group, It’s About Justice!

“It’s About Justice” is more than a slogan. It is our firm’s mantra. The motto was developed by our founder, Harvey V. Cohen. We are aggressive, zealous advocates for our clients’ rights. Our commitment to our clients is evident by our prompt reply to all phone calls and our 24 hour availability through our phone answering service.

Effective legal representation requires experience and dedication to protect the rights of those who have entrusted us with their legal options and rights. Cohen Law Group has successfully represented many Florida residents throughout the years in various legal matters.

 

 

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View our Informative articles on care for your water bodies, Lakes in our Resource Section. by Allstate Resource Management

View our Informative articles on care for your water bodies, Lakes in our Resource Section. by Allstate Resource Management

  • Posted: Jul 27, 2023
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View our Informative articles on care for your water bodies, Lakes in our Resource Section. by Allstate Resource Management


One of the most challenging aspects of lake maintenance is communicating the management program to the clients. A homeowner that sees a lake from a purely aesthetic point of view has a vastly different understanding than an applicator that is actively managing it.

We have the ability to help you educate your homeowners about their lakes and what we do. When you have questions about how your lake is being cared for, our experienced applicators are available to provide you with the answers you need. Feel free to print any of our “Understanding Your Lake” articles in this resource section.

If you would like us to supply articles for your HOA newsletters regarding waterway issues, please give us a call. We are also available for consultation presentations to HOA’s. We are a DBPR approved provider of CEU credits for CAM s and are available to supply your property management company with accredited courses.

 

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NEW LAW MAKES IT CLEAR THE ASSOCIATION MUST MAKE THE REPAIRS. BUT SUPPOSE MONEY IS TIGHT AND THE DOCS ARE RESTRICTIVE?

NEW LAW MAKES IT CLEAR THE ASSOCIATION MUST MAKE THE REPAIRS. BUT SUPPOSE MONEY IS TIGHT AND THE DOCS ARE RESTRICTIVE?

  • Posted: Jul 27, 2023
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NEW LAW MAKES IT CLEAR THE ASSOCIATION MUST MAKE THE REPAIRS. BUT SUPPOSE MONEY IS TIGHT AND THE DOCS ARE RESTRICTIVE?

NEW CONDO LAW MAKES IT CLEAR THAT THE CONDO MUST MAKE THE REPAIR

By Eric Glazer, Esq.

I get so many calls and e-mails each week about whether the condominium or the unit owner is responsible to fix something that’s broken.  Florida Statute 718.113 was recently amended and here’s what it says:

 

(1)   Maintenance of the common elements is the responsibility of the association, except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration. The association shall provide for the maintenance, repair, and replacement of the condominium property for which it bears responsibility pursuant to the declaration of condominium.

 

That kind of clarifies it, doesn’t it?  The association shall provide for the maintenance, repair, and replacement of the condominium property for which it bears responsibility pursuant to the declaration of condominium.  Notice the word shall is used.  In simple terms, shall means must.  So there is no argument……if the declaration says the association is responsible, the association must repair it.

But suppose the association does not have money to make the repair?  Now what?  The association can certainly special assess right?  But suppose the docs place a limit on the amount of the special assessment or require a unit owner vote to approve a special assessment and the unit owners won’t vote in favor of it?  Now what can you do?

Of course you may be able to borrow money.  Florida’s not for profit statute allows condominiums to borrow money.  So, the condo is in the clear right?  Not so fast.  Suppose the condo docs require a vote of the owners in order for the condo to borrow money and the owners won’t vote in favor of a loan?

 

How can the condominium make the repairs it is required by law to make if it can’t assess or borrow?

So here is this attorney’s opinion.  I don’t care about any language in a declaration that prevents an association from passing an assessment in order to make mandatory repairs.  The board can and must pass the assessment in order to comply with their statutory obligation to repair and maintain the common property.

On the other hand, if the governing documents do not prevent an association from borrowing money, the association certainly can.  However……if the governing documents will not allow the association to borrow money unless a certain number of the owners approve, the association cannot borrow unless the owners vote to approve.  No bank will approve a loan if the governing documents require the owners to vote in order to borrow, and the vote has not been obtained.  Get legal advice if you need money and you feel tied up by your docs.

 

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Explore the three eco-friendly solutions that remove excess nutrients from lakes and ponds to promote a healthy aquatic environment.

Explore the three eco-friendly solutions that remove excess nutrients from lakes and ponds to promote a healthy aquatic environment.

Explore the three eco-friendly solutions that remove excess nutrients from lakes and ponds to promote a healthy aquatic environment.

If algae and weeds are infesting your water, it could be due to high nutrient levels. You deserve an aquatic paradise, not an eyesore.

 

EXPLORE NUTRIENT REMEDIATION SOLUTIONS
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Structural Workshop is pleased to announce their recent expansion into the South Florida market.

Structural Workshop is pleased to announce their recent expansion into the South Florida market.

  • Posted: Jul 18, 2023
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Pompano Beach, Florida – Structural Workshop is pleased to announce their recent expansion into the South Florida market.  The new office is located in Pompano Beach, Florida and will be Structural Workshop’s third office.

 The Mountain Lakes, New Jersey based firm will bring their extensive experience in conducting building inspections and reports, specifically for commercial, multifamily residential and parking structures to the South Florida market – specifically in Miami-Dade, Broward, Palm Beach, Pinellas and Collier Counties.

Structural Workshop plans to help building owners and property managers with all facets of structural engineering and assist with the 40 Year Recertification Inspections, which are now a mandatory, state-wide ordinance.

“There is a lot of opportunity in the condo world and beyond for engineering services in Florida,” says President Joe DiPompeo, PE, F.SEI, F.ASCE.  “There is an immediate need to help condo associations and commercial buildings keep up with compliance and maintain a safe place for their tenants. We also have some multifamily ground up projects in Florida that we can better serve from a Florida office.”

About Structural Workshop

Structural Workshop is a Structural Engineering and Building Consulting firm founded in 2004. We provide a full range of Structural Engineering and Building Consulting Services for all types and sizes of projects from a single-family home to mid-rise buildings and everything in between. For more information, please visit:  www.structuralworkshop.com or contact us at info@structuralworkshop.com

Florida Office

2301 NW 33rd Court, Unit #102
Pompano Beach, FL 33069
(754) 277.4245

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Safeguard Your Lake’s Shoreline by SOLitude

Safeguard Your Lake’s Shoreline by SOLitude

Safeguard Your Lake’s Shoreline

Protect your lake by properly planning and budgeting for shoreline restoration and management. There are solutions for every budget, from cost-effective vegetative shoreline buffers to innovative erosion repair systems.

Budgeting for Shoreline Restoration and Management

Lakes and ponds are essential for stormwater collection, recreation, beauty, and wildlife refuge. But their benefits have an expiration date. Eventually, due to erosion and other aspects of the natural aging process, your lake can become an eyesore and a liability. Lake shoreline restoration projects are inevitable – and sometimes costly – so it’s imperative to get ahead of expenses by calculating an accurate timeline and budget.

We know you cherish your water resources; after all, they can be assets that enhance the value and desirability of your property. We want to help you preserve them for as long as possible through proper planning and maintenance efforts. This starts with understanding the effects of erosion and budget considerations that impact important decisions.

erosion-damage-erosion-runoff

What is shoreline erosion?

Erosion is natural due to wind, rain, and wildlife activity, but can be accelerated through cultural impacts like recreation, landscaping, and construction. It can also look different from one waterbody to the next, from receding or unstable banks to sediment deposits along the shoreline. Ignoring these signs can result in damaged assets and possible liability risks.

No matter your budget, every property deserves access to shoreline erosion solutions. Even if the damage is minimal, such as one-inch dropoffs, it’s possible to get ahead of it through cost-effective means or larger investments.

littoral-shelf-beneficial-buffer

Guard Your Shoreline with A Vegetative Buffer

An economical solution for shoreline protection is a vegetative buffer containing native plants with deep root systems. When established around the perimeter, beneficial buffers help hold soil in place and slow the flow of stormwater to prevent deterioration. Buffers are also cost-effective to maintain, requiring only routine trimming and monitoring for the growth of undesirable plants.

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If you’re looking for accurate, timely, and comprehensive accounting and financial services for your property, Seacrest Services is the place for you!

If you’re looking for accurate, timely, and comprehensive accounting and financial services for your property, Seacrest Services is the place for you!

  • Posted: Jul 18, 2023
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If you’re looking for accurate, timely, and comprehensive accounting and financial services for your property,

Seacrest Services is the place for you!

Residential Property Management

Having a residential property manager can make things much easier for both you and your tenants. As a landlord, or someone part of a homeowners’ association or property owners’ association, you’re typically accountable for a lot, but with Seacrest Services, you can take your mind off most of the day-to-day responsibilities.

What We Do

When you turn to Seacrest Services for residential property management, we can assure you that everything we have our hands on will be completed efficiently and professionally. Some of what we take care of for you includes:

  • Landscaping
  • Addressing the needs of your tenants
  • Maintenance and repair
  • 24/7 customer service
  • Our goal is to keep you and your tenants happy by making every process, issue, and task as convenient as possible.

The Benefits of Residential Property Management

Whether you have another job you need to focus on, or you live in a completely different location than the property, sometimes you just don’t have the time or resources to manage a property on your own. Putting trust in a residential property manager can save you from stressful situations. Here are some other great benefits:

  • Happier tenants, meaning minimal turnover
  • Well maintained property
  • No worry about the day-to-day issues
  • Consistency and organization for HOAs and POAs

What Makes Us Stand Out?

At Seacrest Services, we pride ourselves on our experience and skill in maintaining various types of properties. Each one is unique, and we treat it that way through complete hands-on care. We want all parties to be satisfied with our work, making everyone’s lives a little easier.

Searching for Residential Property Management Services?

If you’re looking for a residential property manager to relieve much of the workload associated with your property, Seacrest Services has professionals who can make it happen. Contact us today to get started.

 

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Manage your annual meetings from anywhere! with BuildingBoard, the solution that lets you manage annual meetings and elections remotely or in-person.

Manage your annual meetings from anywhere! with BuildingBoard, the solution that lets you manage annual meetings and elections remotely or in-person.

  • Posted: Jul 18, 2023
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Manage your annual meetings from anywhere!
From BuildingLink, the name you trust.

BuildingLink, the industry’s most trusted property management software, has an exciting new product!

Meet BuildingBoard, the solution that lets you manage annual meetings and elections remotely or in-person.

Save time and money!

Let us show you how we can help!

BuildingLink has an exciting new product.

Meet BuildingBoard, an e-voting and virtual meeting solution to streamline annual sessions for your properties. With this tool, you can:

·        Invite unit owners to meetings seamlessly via email

·        Send meeting reminders and add candidates to ballots

·        Host annual meetings virtually

·        Achieve quorum at every annual meeting

·        Automate voting – each unit owner votes via their computer or smartphone (whew, no more manual counting!)

Click here to learn more BuildingBoard
and start running a better meeting today!

So, go ahead and kick up your feet! Optimize all of the day-to-day business you already take care of with BuildingLink by trusting us to support your annual meetings too.

Ready to make your life easier?
Reach out to sales@buildingboard.com.

Richard Worth

Regional Sales Director – Florida

407-529-6063

Richard@BuildingLink.com

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!

HOA Parking Lot Flooded?

Allstate Resource Management

Our schedule is filling up fast for storm drain cleanings, the rain that occurred yesterday was a preview of what summer will look like for your HOA community. Do not hesitate to act, summer rain is coming!

Contact us to talk to a Stormwater Specialist today!

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

 

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ANOTHER NEW LAW:  HB 437 — FLAGS, TURFS AND BOATS

ANOTHER NEW LAW:  HB 437 — FLAGS, TURFS AND BOATS

ANOTHER NEW LAW:  HB 437

By Eric Glazer, Esq.

I can’t tell you how may fights I have been involved in regarding flags other than the U.S. flag flying above someone’s home and the fact that someone put down fake grass or stored a boat, that nobody can see, in their backyard.  Well, here’s a new statute that solves both of those problems:

Florida Statute 718.113

If any covenant, restriction, bylaw, rule, or requirement of an association prohibits a homeowner from displaying flags permitted under this paragraph, the homeowner may still display one portable, removable United States flag or official flag of the State of Florida in a respectful manner up to two of the following, and one portable, removable flags official flag, in a respectful manner, not 48 larger than 4 1/2 feet by 6 feet:, which represents

  1. The United States flag.
  2. The official flag of the State of Florida.
  3. A flag that represents the United States Army, Navy,  Air Force, Marine Corps, Space Force, or Coast Guard., or
  4. A POW-MIA flag.
  5. A first responder flag. A first responder flag may incorporate the design of any other flag permitted under this paragraph to form a combined flag. For purposes of this subsection, the term “first responder flag” means a flag that recognizes and honors the service of any of the following: a. Law enforcement officers as defined in s. 943.10(1).
  6. Firefighters as defined in s. 112.191(1).
  7. Paramedics or emergency medical technicians as those terms are defined in s. 112.1911(1).
  8. Correctional officers as defined in s. 943.10(2).
  9. 911 public safety telecommunicators as defined in s. 401.465(1).
  10. Advanced practice registered nurses, licensed practical nurses, or registered nurses as those terms are defined in s. 464.003.
  11. Persons participating in a statewide urban search and rescue program developed by the Division of Emergency Management under s. 252.35.
  12. Federal law enforcement officers as defined in 18 U.S.C. s. 115(c)(1), regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.

In addition, in an HOA, the homeowner may erect a 20 foot flagpole on any portion of their property and fly the U.S. flag and any of the flags mentioned above.

Florida Statute 720.3045 now states:

Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel  owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, including, but not limited to, artificial turf, boats, flags, and recreational vehicles.

I’m getting ready for lots of fights regarding visibility of boats as boat owners will look to save the costs of monthly storage.

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