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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
Mosquitos or Midges BUGGING you?
Tags: Lake Management Articles
Learn about the new HUD regulations and new Florida Legislation pertaining to assistance animals, as well as common issues concerning assistance animals and addressing requests by residents for reasonable accommodations.
Course # 9627147 | Provider # 0005092 | One CEU in OPP
Instructed by Alan Schwartzseid, Esq.
Tags: EXPOS and TRADE SHOWS, SFPMA Members News
Managing nuisance algae and aquatic weeds in your lake can be challenging, but it doesn’t have to be. Learn how proactive management solutions can help improve lake health and create an ecosystem that is less likely to develop common water quality issues.
One of the biggest headaches lake and pond owners or managers face is nuisance growth of algae and aquatic weeds. Aquatic weeds and algae are an eyesore and a top complaint from stakeholders. People look forward to enjoying the water during the warmer months, but if nuisance growth is not prevented before spring, it may come to define your property all summer long. Poorly-maintained waterbodies can lead to disconnected communities, reduced property values, liability issues, and weak confidence in leadership.
Aquatic weeds and algae can be hard to eliminate as they are merely a symptom of more systemic water quality issues – in particular, a surplus of nutrients in the waterbody. Warm weather combined with excess nutrients can create imbalances that make lakes and ponds more susceptible to weeds and algae. These imbalances can be further exacerbated by depleted dissolved oxygen levels, poor circulation, and erosion.
A Reactive Strategy to Algae & Weed ControlNutrients commonly enter lakes and ponds through stormwater runoff that picks up pollutants, lawn clippings, animal waste, and eroded shoreline sediment. Nutrients are released as these materials break down. If these problems are allowed to continue for too long, property owners and managers will have to turn to more reactive solutions like mechanical harvesting or EPA-registered herbicides and algaecides to eliminate nuisance growth. Though they do not address the root cause, these are often the quickest and most cost-effective strategies to quickly remove nuisance growth, and introduce an annual management program from a “clean slate.”
A Proactive Approach to Algae & Weed ControlProactive management begins with in-depth water quality testing to identify water quality imbalances before they manifest. After establishing a baseline, professionals continue monitoring to spot changes and take action early on. Dissolved oxygen is essential to a healthy waterbody, so fountains and aerators are often the next step. Fountains circulate and oxygenate lakes and ponds from the surface, while submersed aerators pump oxygen-rich bubbles from the bottom. In tandem, they work to restore balance to the water column.
This is where shoreline management comes in. Native plants introduced around the water’s perimeter can help slow runoff and filter out pollutants. They also help contain soil along the bank to prevent erosion. If a shoreline is too impaired, bioengineering materials and techniques can be used to rebuild it for years of erosion protection.
“One of our lakes has been experiencing regular algae blooms and SOLitude’s biologist performed a comprehensive lake and water analysis to determine the cause of the problem. Recommendations were presented and the problem was resolved!”
Peter D., Community Manager
Tags: Lake Management Articles, Members Articles
by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM
With the ever-increasing development in Florida, especially in South Florida, we are once again reminded that we live in close proximity to a number of native, exotic, invasive, and at times dangerous wild animals.
Tragically, and all too recently, in St. Lucie County an 85-year-old woman died while trying to rescue her dog from an alligator. Whether her community association will be held liable will largely depend upon what the association knew and when they knew it regarding the existence of alligators within the association’s property.
Simply put, if there is a foreseeable zone of risk, then the association’s members should be made aware of it. Phrased differently, where the association, acting by and through its board of directors, is aware or should reasonably be aware of a dangerous animal within association property, then there is a duty to act. Such action should minimally include notice to the entire community, and for those situations where reoccurrence is a likely possibility, then posting signs could be warranted, too.
What can and should happen when your community association is confronted with that unexpected wild animal that causes a disturbance or, even worse, the wild animal has become a source of imminent danger to the members of the association or their guests? Guidance is presented from Hanrahan v. Hometown America, LLC, 90 S.3d 915 (Fla. 4th DCA 2012), decided on June 20, 2012, by Florida’s Fourth District Court of Appeal. In this case, the personal representative of a deceased resident, Ms. Hanrahan (Hanrahan), sought damages for the negligent death of Mr. Hanrahan, who died from fire-ant bites sustained on the common areas of Pinelake Gardens and Estates, a mobile home park (Pinelake Gardens).
By way of background, Mr. Hanrahan was walking his dog in the common area of Pinelake Gardens known as the “Preserve.” Mr. Hanrahan claimed that he brushed up against a bush, at which point the fire ants gained access to his body. Mr. Hanrahan attempted to wash the fire ants off of his body but collapsed on the shower floor. He died two days later. During the trial, the Pinelake Gardens community manager testified that she was not aware of any resident in Pinelake Gardens being exposed to or attacked by fire ants on the premises, nor was she aware of any fire ants in the area of Pinelake Gardens where the incident allegedly occurred. She testified that Pinelake Gardens regularly contracted with an exterminator to spray insecticide, which included killing ants (not specifically fire ants). She further testified that maintenance employees would treat observed ant mounds with granules and would contact the exterminator if there was anything out of the ordinary observed.
The trial court ruled in favor of Pinelake Gardens. The trial court determined that Pinelake Gardens was not on sufficient notice of a fire-ant infestation at the area of the alleged incident, and therefore did not have a duty to Mr. Hanrahan to guard against the fire ants or otherwise take action in this situation. As a result, Hanrahan appealed. On appeal, Hanrahan claimed that the trial court improperly determined whether Pinelake Gardens could foresee the specific injury that actually occurred, instead of, as Hanrahan claimed, whether Pinelake Gardens’ conduct created a “foreseeable zone of risk.”
The general rule in regard to wild animals in Florida, as explained by the appellate court citing another case, Wamser v. City of St. Petersburg, 339 So.2d 244 (Fla. 2d DCA 1976), is that
…the law does not require the owner or possessor of land to anticipate the presence of, or guard an invitee against harm from, animals “ferare naturae” (which is a common law doctrine where wild animals are considered owned by no one specifically but by the people generally) unless such owner or possessor harbors such animals or has introduced wild animals to the premises which are not indigenous to the locality.
The Wamser case involved a shark attack, in which the city did not have any knowledge of prior shark attacks and therefore did not have any foreseeability of the possibility of shark attacks nor a duty to guard against shark attacks. As in Wamser, the appellate court in Hanrahan v. Hometown America, LLC, ruled that there was no evidence in the record to show Pinelake Gardens had any knowledge of a “ferae naturae” attack in the alleged area. The appellate court held that the presence of the fire ants was not caused by any act of Pinelake Gardens and that Pinelake Gardens did not harbor or introduce them. Furthermore, Pinelake Gardens regularly attempted, by maintenance staff and exterminators, to treat the ant mounds and other manifestations of fire ants. To add a further caveat to its ruling, the appellate court quoted from another fire-ant case, State of Texas, Nicholson v. Smith, 986 S.W,2d 54 (Tex. App. 1999), in which it was stated:
…we do not say a landowner can never be negligent with regard to the indigenous wild animals found on its property. A premises owner could be negligent with regard to wild animals found in artificial structures or places where they are not normally found; that is, stores, hotels, apartment houses, or billboards, if the landowner knows or should know of the unreasonable risk of harm posed by an animal on its premises and cannot expect patrons to realize the danger or guard against it. [emphasis added]
Thus, in the end, the appellate court ruled that there was no evidence that Pinelake Gardens knew or should have known of the unreasonable risk of harm posed by the fire ants. Even though the Hanrahan case concerned fire ants, the case could be applied by analogy to any number of wild animals that you could encounter in your community association, including, without limitation, alligators.
When it comes to injuries caused by wild animals, the board of directors should examine whether there is a foreseeable zone of danger. The question is not whether an injury occurred (as strict liability does not exist), but rather was it foreseeable that an injury could occur? If so, then the board has a duty to act. Remember, the basic rule is that if the association is aware of a dangerous animal or if it is foreseeable that a dangerous wild animal could be within the lands governed by the association, then the association has a duty to act. Importantly, please be certain to discuss the situation with the association’s legal counsel for proper guidance.
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Tags: Board Member Certification, Management News, SFPMA Articles
One of the most important questions property managers ask contractors is, “Are you a licensed contractor?” Why is it so important to know if a contractor is licensed and how do you discern a licensed contractor from an unlicensed contractor?
Let’s break this down. In Florida, contractors are required to have a license issued by the Construction Industry Board of the Florida Department of Business and Professional Regulation (DBPR) to legally operate their business throughout the state. Additionally, local building departments require an occupational license for businesses to legally perform construction services within their jurisdiction
Contractors must have special qualifications to acquire a license. Their processes and workmanship must meet specific industry standards. Licensure ensures that contractors know, and will follow, local laws and building codes.
How do you know if a contractor is licensed in the State of Florida?
Florida Statute 489 defines the requirements for all Florida-licensed contractors to legally perform contracting services in Florida. The Construction Industry Licensing Board of the DBPR is tasked with overseeing licensing. The Board regulates Florida’s construction industry, creating and enforcing rules for licensed contractors and processing licensing applications. The Board also addresses complaints against licensed contractors.
License numbers are assigned to contractors for different services they provide. For example, Beachfront’s general contractor license number is #CGC1531681. Our roofing license number is #CCC1333373. If ever in doubt, you can contact the DBPR at www.myfloridalicense.com for questions about your contractor and its licensing status. In fact, you can verify a license online given a company’s name, city or county, license number or license type. Additionally, you can contact the Florida Division of Financial Services (DFS) at www.myfloridacfo.com to confirm a contractor has all of its workers compensation insurance current.
Need another way to gauge a contractor’s licensing status? Observe its sales, marketing, and operations processes. Licensed contractors submit a legally binding estimate and contract for projects with their state license numbers attached. They have all of their sales and marketing pieces properly adorned with their company name and license information including, but not limited to, proposals, advertising, vehicle signage, and company uniforms. A licensed contractor’s staff typically work as W-2 employees and not as 1099 employees. Licensed contractors will submit for permits per Florida law for all work performed over $2,500.
What are the pros of hiring a licensed contractor?
First, a licensed contractor is vetted by the DBPR Construction Industry Board and is required to have all its workers’ compensation and general liability insurance to legally perform contracting services. Additionally, a licensed contractor must provide the DBPR with a bond, Federal Employment Identification Number (F-EIN) and credit reports for both personal and business financials to prove it is financially responsible.
Second, licensed contractors stand behind their work and issue a workmanship warranty, not only a limited material warranty. They are professional, executing projects to meet schedules on or under budget. Licensed contractors provide valuable references for customers, vendors and material suppliers. There are many pros to working with a licensed contractor, but one of the most important reasons is they can be held liable in a court of law for negligence, breach of contract or any other matter requiring a court’s authority to assist.
How can you spot unlicensed contractors?
It’s easy! Look at their bid estimates or contracts. If a contractor’s business name doesn’t match the exact business name as licensed by the DBPR, that’s a red flag that the contractor is unlicensed. If it can’t produce the correct state license information, occupational license information, workers compensation documents or associated employee names and employment information, so a customer can verify with the DBPR and DFS, the contractor is most likely unlicensed.
Here’s an example of how some unlicensed contractors operate:
XYZ Waterproofing & Painting, Inc. is a licensed general contractor with a main office in Tampa, Florida. XYZ Waterproofing & Painting, Inc. is also a licensed roofing contractor with an office in Ocala, Florida. Both services and offices are registered with the DBPR.
A new contractor, XYZ Painting & Waterproofing, LLC (notice the twist on the company name) opens an office in West Palm Beach, Florida and performs general contracting and roofing services. However, the LLC is not legally licensed by the DBPR Construction Industry Board. Because its name is so similar to the Inc., the LLC operates as if it “shares” the general contractor and roofing licenses across the general name of “XYZ.” In fact, it does not.
Unfortunately, contractors like XYZ Painting & Waterproofing, LLC operate without recourse until a savvy customer, attorney, permit office or consultant does some background work with the DBPR to unveil the illegal, fraudulent and unscrupulous business practices. Do not depend on your material vendors or suppliers to vet contractors because they are in the business of selling products not ensuring your contractor is actually licensed or not.
What are the pitfalls of using an unlicensed contractor?
First, contractors who do not meet the standards for licensure may not follow municipal building codes or may cut corners and deliver subpar work. In some instances, failure to follow building codes can result in issues with structural safety. At other times, a less-skilled contractor may perform tasks on the job site that void product warranties. In addition to decreasing the value of a property, bad workmanship often results in rework, wasting time and money.
In addition to rework, there are other financial consequences to hiring an unlicensed and/or uninsured contractor. If a contractor doesn’t have general liability insurance, its customer can be held responsible for any damages incurred during the course of a project on that customer’s or a neighbor’s property. For example, if you hire an unlicensed painting contractor and a painter accidentally sprays paint on a neighbor’s structure, then you are liable for damages to your neighbor’s structure. If an unlicensed contractor destroys power, sewer or water lines during the course of a project, that contractor’s customer is responsible to fix the power, sewer or water lines.
Similarly, if an unlicensed contractor doesn’t have workers’ compensation to cover its employees, a customer can be held responsible for any damages resulting from a workplace injury. If a roofer that works for an unlicensed contractor falls from the roof, the customer can be held responsible for all of the roofer’s medical bills as well as lost wages when the roofer is unable to work.
Unfortunately, being sued for damages or injuries for work performed by an unlicensed contractor is all too real. And there is limited legal recourse to the customer who knowingly hires an unlicensed contractor or allows a licensed contractor to use unlicensed subcontractors. In addition to financial responsibility for damages and injuries, customers can incur expensive legal fees trying to locate, serve and process any legal case against an unlicensed contractor and actually collect on any financial award ordered by a court.
Finally, Florida’s construction lien law allows some unpaid contractors, subcontractors, and materials suppliers to file liens against customer properties even if a customer has made payment for a project in full. What does that mean? In layman’s terms, if you pay your contractor and the contractor doesn’t pay its subs and suppliers, you can be liable to make additional payments to your contractor’s subs and suppliers. If you don’t, they can file a lien against you to secure payment.
Unlicensed contracting, depending on the situation, is often considered a felony in Florida. Where the crime occurs will dictate how it is handled. Yet not every county or city law enforcement agency handles unlicensed construction activity. All too often, a local law enforcement agency will defer victims to the DBPR to file a complaint. Unfortunately, as with most governmental agencies, DBPR’s law enforcement officers sometimes carry 200 to 300 cases per officer, so timeliness to follow up on a complaint is gravely diminished.
Special Notes: Unlicensed contracting is a serious problem throughout Florida. If you suspect unlicensed construction activity, please contact the DBPR. Rewards are available to individuals who identify an unlicensed contractor. Always have your attorney review every contract for construction work. Call references—material suppliers and previous customers—for any contractor you hire for construction work in Florida. A reputable and legally licensed contractor will have no problem with you doing this. There are many reasons to use a licensed contractor but none are more important than avoiding costly legal battles.
About Jim: Jim is a licensed Florida roofing contractor (CCC1329933) and Virginia roofing tradesman. Jim has over 20 years of general construction sales experience throughout Florida and specializes in liquid applied fluid systems for commercial, industrial and high-rise residential waterproofing and roofing systems. Jim is a Certified Applicator for brand-name manufacturers such as Sherwin Williams, GACO Western, HENRY, Tropical Roofing Products, Karnak, and Carlisle.
UPDATE:
So Governor DeSantis signed SB 360 into law which effectively eviscerates many property owners’ rights to pursue contractors and developers for latent defects. A latent defect is one which is not readily apparent to the naked eye which is often the case with concrete restoration and roofing projects. This is a slap in the face to the millions of Floridians struggling right now to pay large special assessments to fund these projects. Why would people who profess to care about the safety of older multifamily buildings vote to pass SB 360? The developers’ lobby certainly achieved their goals. Too bad the people who will now pick up the tab for defective construction are the ones least able to pay for it-Florida homeowners.
‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’
Becker Shareholder Donna DiMaggio Berger, Esq’s op-ed in Miami Herald explores how the Florida Legislature passed a bill that will make it harder for you to hold contractors accountable for defective work. Why she says the Governor should veto this bill right now. Read the entire article below.
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Last year, the Florida Legislature passed SB 4-D with the stated purpose of safeguarding the millions of Floridians living in older multifamily buildings. Known as the Condo Safety Law, SB 4-D requires periodic engineering inspections for buildings three stories and higher and mandates that associations reserve funds to pay for ongoing maintenance and repair projects.
How then, did the Florida Legislature this session pass SB 360, a bill that extinguishes homeowner rights and destroys developer/contractor accountability for the work they perform?
Certainly our legislators must understand that thousands of Floridians are struggling to pay massive special assessments to fund mandated maintenance and repair projects? Why would those same legislators determine that Floridians should not be able to receive the value of those multimillion-dollar projects? It is hoped that Gov. DeSantis will understand that SB 360 undermines both the physical and fiscal security of millions of Floridians.
Safe buildings start with the developers who build them and the contractors who repair them. It’s a simple concept. If the governor signs SB 360 into law or allows it to pass into law without his signature, nearly every Florida community association, at some point, will feel the following impacts:
Many condominiums and cooperatives in Florida are moving forward with concrete renovations and repairs, roof replacements and other work deemed necessary in their engineering reports. SB 360 will prevent associations from holding negligent contractors liable for their defective work product and poor performance.
Under SB 360’s new shortened seven-year statute of repose, it would be virtually impossible to protect the association’s rights against a developer who decides to retain control of the association for up to seven years since the statutes only empower associations to bring those causes of action after the community is turned over from the developer to the owners.
Unfortunately, SB 360 has been sent to the governor. It is now up to him to determine whether this new law making it more difficult to hold developers and contractors accountable makes sense with the heightened safety standards imposed on community associations.
If SB 360 becomes law, the net effect will be the imposition of a massive financial burden on the people who are least able to afford it — individual association members.
Tags: SFPMA Articles, SFPMA Members News
| This webinar covers the essentials of condominium board membership, and is updated regularly to remain current with legislative amendments to Florida’s Condominium Act. In addition, this webinar satisfies Florida’s requirement for new condominium board members. It also serves as an excellent refresher course. Licensed CAMS will receive two (2) CE credits as IFM or ELE. Course: 9630075 |
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“HOA Board Member Certification”April 24 at 2pm Est | Live on ZoomThis webinar covers the essentials of HOA board membership, and is updated regularly to remain current with the latest legislative amendments. In addition, this webinar satisfies Florida’s requirement for new HOA board members. It also serves as an excellent refresher course. Licensed CAMS will receive two (2) CE credits as IFM or ELE. Course: 9630140 |
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Tags: Board Member Certification, SFPMA Members News
That’s not a bad idea; unless you’re cutting back on your legal counsel reviewing all of the contracts provided to you by those engineers, architects or general contractors who perform any of these inspections or repairs.
I’m starting to see more of this and it’s an alarming trend. It boggles my mind that an association would spend millions of dollars on a contract for repair of their property, but won’t spend a few hours on their attorney reviewing that contract first. No question in my mind that the failure of the Board to have that contract reviewed by counsel before signing, is a breach of their fiduciary duty to the unit owners they represent.
I teach a class called “Before You Sign That Contract.” It talks about so many ways in which the association can suffer financial loss by having the wrong clauses in the contract or by failing to insert certain clauses into the contract. Once sentence can potentially cost the association hundreds of thousands of dollars. And you chose to cheap out on a few hours of attorney’s time? Really?
Even smaller contracts need to be reviewed. If the association does not have the proper remedies in the contract for the contractor’s breach, the situation can turn into a long lasting nightmare where the association will never be made whole. And…….the association will have to spend its own attorney’s fees now to correct the problem with no chance of recovering them later on.
They will be everywhere, in every condominium. Be careful. If you didn’t hear me the first time, I said BE CAREFUL AND DON’T BE CHEAP. GET LEGAL HELP BEFORE SIGNING.
DON’T COME TO ME AFTER YOU SIGNED A CONTRACT AND SAY “HEY ERIC…OUR ASSOCIATION SIGNED THIS MULTI MILLION DOLLAR CONTRACT. CAN YOU NOW GET US OUT OF IT?
THE ANSWER IS OFTEN TIMES……NO I CANNOT. YOU SHOULD HAVE ASKED ME TO LOOK AT IT BEFORE SIGNING IT.
Tags: Condo and HOA Law, Management News
This one-hour class will guide association members, CAMs, and building managers through the process of how to select a contractor for an upcoming commercial project. It starts with knowing your stakeholder, creating an RFP, hosting a pre-bid meeting, evaluating the quotes, and ends with making your contractor recommendation.
Capriccio Ristorante
2424 N University Drive, Pembroke Pines, FL 33024
1 Credit OPP/ELE
Course #9631934 | Provider #0007984
Lunch is generously sponsored by: SFPMA Members.
Bashor & Legendre, LLP
Centennial Bank
Kaye Bender Rembaum
M.A. Construction Group
Rainbow Roofing Solutions
United Claims Specialists
Wayne Automatic Fire Sprinklers, Inc.
WeDry USA
Tags: Education & Licensing, Management News, SFPMA Members News
SFPMA works throughout the State of Florida, we are a multi-member organization for the Condo, HOA and Property Management industry. Through knowledge based Articles, Events and our Members Directory, Clients find the right information to make an informed decisions for their Florida properties.