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Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Recovery From Hurricane Ian

Unfortunately, Hurricane Ian was a historic storm and has left a wide and substantial swath of damage across Southwest Florida. As we all work to recover from the ongoing effects of Hurricane Ian, I would like to share a few pointers we have learned from past storms and some things we are experiencing with Ian:

  1. Flood Damage: A significant part of Ian’s damage resulted from rising water, which is generally and generically referred to as “flood damage”. It is very important to note that flood insurance and processing flood insurance claims is covered by federal law, not Florida law. Among the notable differences, federal law requires that a “Proof of Loss” be filed for flood claims within 60 days, and the statute of limitations under flood policies is one year.
  2. Disaster Recovery Contractors: There are a number of large national companies, as well as others, who employ large crews of “storm chasers”, and arrive at disaster sites to shore up the property, dry it in, and dry it out. This is critical work and many of these companies are reputable, but not all are. Bills for significant damage sites can quickly approach seven figures (one million dollars plus) without proper justification. Associations can understandably feel under pressure to sign these companies up quickly but there are several critical things to keep in mind:
  • Approval From Your Insurer: Most reputable companies will be known to your insurers and be able to demonstrate they have the “go ahead” from the insurer before engaging in major work.
  • Mapping”: As Southwest Florida is a significant disaster zone, insurance adjustors are overwhelmed and one may not visit your property for weeks, or longer. It is very important that the disaster relief contractor properly document the conditions it finds and remediates, commonly known as “mapping.”
  • Assignment of Benefits”: Historically, various participants in this field have asked for an assignment of the association’s insurance policy rights, known as an “AOB”’. AOB contracts are now strictly regulated by statute but should never be given to an outside contractor.

While getting dry-out work started quickly is critical, the association should not enter into a contract with a remediation company, or any vendor, if the association is not comfortable with the term of the agreement and confident in the company. It is always better to take a step back and make a thoughtful decision than to rush into a bad agreement.

  1. Application Of Your Community’s Governing Documents: If the association has experienced significant damage, it is critical that the association be aware of the requirements of the governing documents, especially for condominiums. For example, many documents state that if a certain percentage of the units are rendered “uninhabitable” (usually an undefined term), the condominium is automatically “terminated” (legally extinguished) if a vote to rebuild is not taken, often in a very short time frame such as 60 days after the loss. Other “gotcha” clauses in documents might include the requirement to have a bank act as “insurance trustee” for insurance proceeds.
  2. Emergency Powers: The “emergency powers” provisions of the statutes are now in effect. Among other powers conferred are the power to contract for debris removal and authorize appropriate remediation, including removal of wet drywall and cabinetry, subject to any limitations of the condominium documents. The emergency powers statute also gives associations flexibility in noticing and holding membership and board meetings. As much as is practicable, you should consult with your association’s attorney regarding use of the statutory emergency powers.

The next few months will be a trying time for everyone in Southwest Florida and practically every community association will have to deal with some consequence from Hurricane Ian. The decisions that board members and owners make at this time will, to a great degree, determine outcome for many communities.


Joseph E. Adams is a Board Certified Specialist in Condominium and Planned Development Law, and an Office Managing Shareholder with Becker & Poliakoff. Please send your community association legal questions to jadams@beckerlawyers.com. Past editions of the Q&A may be viewed at floridacondohoalawblog.com.

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Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. 

Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. 

  • Posted: Oct 30, 2024
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Building Envelope & Façade Inspections

Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. Our engineers will inspect all materials used to ensure the strength and stability of your structure from low-, mid-, to high-rise structures and facilities. Falcon’s engineers pride themselves on ensuring the services and recommendations provided to each of our clients are held at the desired level of individualized care and attention.

High Rise & Mid Rise Façade Inspections & Repair/Restoration/Replacement

Stucco & Exterior Insulation Finish Systems (EIFS) Evaluations & Repair

Mid Rise & Low Rise Siding Inspections & Repair Replacement

Roof Inspections & Repair/Replacement

Water Infiltration Investigation & Remediation

Window & Door Replacement Design

Balcony & Deck Repair/Restoration/Replacement

Foundation Inspections & Waterproofing

Parking Garage Inspections & Repair/Restoration

Firewall / Fire Separation Assembly Inspections & Remediation

 

Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets.  By A leader in the industry by providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

 


View the recorded webinar 
In case you missed it! Below is the link to the recording from yesterday’s fantastic webinar featuring Sinisa Kolar, P.E., Principal, on Extreme Weather in South Florida and Preventative Maintenance.
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Top 10 Reasons Why Your Marketing Isn’t Working  By: Jessica Vail, Vail Marketing Solutions

Top 10 Reasons Why Your Marketing Isn’t Working By: Jessica Vail, Vail Marketing Solutions

  • Posted: Oct 30, 2024
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Top 10 Reasons Why Your Marketing Isn’t Working

By: Jessica Vail, Vail Marketing Solutions

Helping SFPMA Members with marketing. Call Vail today. Tell em, Frank Mari sent you. :)

It is always a great time to work on promoting your business and creating content that sets you apart as an industry leader.  Here is some helpful insight as to why your marketing initiatives may be falling short.

 

10- It is Swiss cheese.
Your marketing has holes and inconsistencies.  You start off strong and then you get so busy working “in your business” that you no longer have the time to “work on your business.” Marketing is not a one and done activity.  It is a long term investment of time and focus.  Marketing is only effective when you and your team are consistently executing it.

9- Lack of meaningful content
That’s great you want to celebrate “National Margarita Day” but when you are trying to build a business and connect with potential clients you want to always be providing value.  Otherwise, it is just white noise and another post clogging up the newsfeed or another email flooding their inbox.  You want to stand out, be informative and be memorable.  Now, if you are a bar or restaurant owner, having a marketing campaign focused on “National Margarita Day” providing margarita recipes and drink specials, that would be an excellent idea.

8- Not connecting with your target audience
This goes hand in hand with your content.  If you are producing meaningful, educational content that speaks to your industry; you will have a better chance at connecting and securing a relationship with your audience.  Think about what issues your client base is faced with and how you can provide information and solutions to these issues.  This will set you apart from your competitors as an expert in your field.

7- Not following up
Sales are often made on the 12th attempt to contact.  That means a whole lot of follow up is needed after your initial contact.  You have provided a service of preparing a cost estimate and service offering (proposal); your prospect at the very least owes you a response on whether or not they will be purchasing your product or service.  Wouldn’t you want to receive some feedback on your pricing and proposal even if you did not win the job?  An easy way to keep on top of your open items is to track in CRM system or simply setting follow up reminders on your calendar.
In addition, making contact with a prospect should be about building a relationship.  People work with people they like and trust.

6- Poor communication
Say what you mean and mean what you say.  Your messaging should be clear and consistent.  Every social media post or blog you create is another opportunity to connect and engage with your clients and potential clients.  Make it count!

And even if your content is good, if you are not interacting and responding to comments it makes you appear unresponsive and not engaged.  Especially if someone has a complaint it is vital to address and resolve as quickly as possible.

5-Too focused on selling rather than educating
Every piece of content you publish sounds like a paid advertisement for your company.  Yes, it is important for your target audience to know what you do but it is even more important to provide value and not just rattle off a list of services.  This means everything you publish should be informative and educational in nature.  Focus on the solutions you provide.

4-Your website stinks!
How can your clients find you if your website has poor SEO (Search Engine Optimization)?  SEO refers to how well your company shows up in a Google (or similar search engine) search.  If your website is optimized with the appropriate key words, your website will rank very well on a web search.

In addition, there is nothing more frustrating than trying to find information or a way to contact a company via outdated and overly crowded website.  Your website should be easy to navigate and constantly updated with news and fresh content.  It should also be interactive and provide opportunities to contact directly to request more information or a proposal.

3-Lack of social media strategy
“Social media doesn’t work.”  Social media only works if you do.  Another item that takes a little time and dedication.  Take the time to set up weekly or even daily posts that tie into the content you are creating.  Post or even share articles that are informative and relevant to your business and industry.  It doesn’t have to be complicated or elaborate, the idea here is to put yourself and your business out there as a reliable, credible source.

You should be engaging with your connections as much as you want them to engage with you.  A helpful tip:  not everyone sees a ‘like’ but everyone sees a ‘comment.’  Just by posting a simple comment on a connections post, you will get seen and boost engagement not to mention make your friends feel great for encouraging them!

2- You don’t have a plan.
“If you fail to plan, you plan to fail.”  It is imperative to have a plan and roadmap to help you reach where you are going.  Marketing should be a collection of well thought out initiatives attached to a timeline.

1-You don’t have measurable goals.
“If you can’t measure it, you can’t improve it.”  This applies to marketing as well.  How do you know if your marketing is working if you have no means to measure and track it?  There are a myriad of programs and Client Relationship Managers (CRM) available to help with this need.  Everything from your client information, open proposals to marketing endeavors and dollars can be tracked in an easy to use, cloud based database.

 


Vail Marketing Solutions

Providing everything from a full branding overhaul and business development program to a specific marketing project or campaign.

Vail Marketing Solutions is a woman-owned, multi-service consulting firm providing marketing, communications and business development solutions for any business looking to increase their visibility and bottom line. Our approach delivers a cost-effective, customized marketing plan to fit the needs of your business and reach your goals. We will work hand in hand with you to develop your brand, tell your story and help you stand out from your competition ultimately leading to more growth opportunities.

https://www.vailmarketingsolutions.com/

 

 

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A Milestone Condominium Structural Inspection is a structural inspection performed by licensed engineers like EMA Structural Forensic Engineers of a building conducted for the purposes of determining a buildings’ life safety and structural component integrity or adequacy.

A Milestone Condominium Structural Inspection is a structural inspection performed by licensed engineers like EMA Structural Forensic Engineers of a building conducted for the purposes of determining a buildings’ life safety and structural component integrity or adequacy.

 

Condominium Structural Safety Inspections

Florida Laws now require all 3 stories or taller buildings to undergo Condominium Structural Safety inspections. EMA Structural Forensic Engineers can help you fulfill your needs to comply with the new laws.

Structural Engineers

 

 

Condo HOA Loans: We can assist you in obtaining the necessary funds for Projects, Reserves, or Cash Flow.

Condo HOA Loans: We can assist you in obtaining the necessary funds for Projects, Reserves, or Cash Flow.

  • Posted: Oct 23, 2024
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Condo HOA Loans

We can assist you in obtaining the necessary funds for Projects Reserves or Cash Flow.

Your Trusted Community Association Financial Resource

 

Don’t go it alone. Whether your Community requires Conventional or Private Lending, CondoHOALoans can assist you in obtaining the necessary funds for Projects, Reserves, or Cash Flow.

When your Community Association works with our Law Firm to facilitate and secure financing, your Community will also have the optional benefit of receiving 100% FREE Delinquent Account Collection Services.

Not sure if financing is right for your Association? Download the Association Funding Options Infographic and take our Free Financial Health Survey to find out.

 


Take the Free Financial Health Survey

Completing this Survey will provide you with a written report you will be able to immediately download upon completion.

Take Our FREE Financial Health Survey

 


Association Funding Options

Getting started with CondoHOALoans is easy.

We’ll help your community identify funding resources and lending options for all of its financial needs. Our Legal Services to your community do not end at the successful closing of your loan with the Lender of YOUR choice. As a valued client of Katzman Chandler, you will have the option, but not the obligation, to have ALL future delinquent accounts collected for FREE.

 

The Condo Building Maintenance Crisis in Florida

As a consequence of hurricanes, business cycles, and fluctuations in the real estate market over the last 20 years, financial distress has been caused to those who live in Community Associations as well as the Communities Association entities themselves.  There presently exist hundreds (if not thousands) of communities whose stories can be illustrated by the timeline below.

Many of these communities presently have underfunded budgets, inadequate cash flow, and lack adequate reserves to accomplish necessary preventative maintenance and actual present maintenance needs. Overall, Boards are starting to realize that there is a lot to do, with little or no money to do it.

 

CondoHOALoans is the best solution for customized, competitive lending options.
Download the Infographic to learn more.

(833) 427-3863

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MANDATORY CONDOMINIUM & COOPERATIVE BUILDING INSPECTIONS & NON-WAIVABLE RESERVE REQUIREMENTS SENATE BILL 4-D

MANDATORY CONDOMINIUM & COOPERATIVE BUILDING INSPECTIONS & NON-WAIVABLE RESERVE REQUIREMENTS SENATE BILL 4-D

  • Posted: Oct 23, 2024
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MANDATORY CONDOMINIUM & COOPERATIVE BUILDING INSPECTIONS & NON-WAIVABLE RESERVE REQUIREMENTS

We are reposting this, for all the buildings That have not had inspections…..

SENATE BILL 4-D

With home insurers leaving Florida in droves, and following pressure from members of both political parties in the legislature to actually do something about it, in May 2022, the governor called a special legislative session to address the problem. A very real concern to the insurers is the effect of both time and inclement weather on Florida’s aging high-rise buildings. Until now, and for the most part, Florida law largely ignored these concerns. Enter Senate Bill 4-D (SB 4-D) which already became effective upon being signed into law by Governor DeSantis on May 26, 2022. This new piece of legislation addresses condominium and cooperative building inspections and reserve requirements (while this article primarily addresses these new laws in the context of condominium association application, they are equally applicable to cooperative associations).

By way of background, during the regular legislative session, there were several bills introduced in the Florida House of Representatives (House) and in the Florida Senate (Senate) addressing building safety issues, but none of them were passed into law due to the inability to match the language of the bills in both the House and the Senate which is a requirement for legislation to pass and go to the governor for consideration. As such, it was a little surprising to many observers that the legislature was able to approve SB 4-D in essentially a 48-hour window during the special session in May. The language used in SB 4-D was initially drafted into a proposed bill in November 2021. At that time, and during the most recent legislative session, input was provided by many industry professional groups including engineers, reserve study providers, and association attorneys. Many of these industry professionals indicated that there were challenges with some of the language and concepts being proposed in SB 4-D during session.

Notwithstanding these challenges, and in an effort to ensure some form of life safety legislation was passed this year, SB 4-D was unanimously approved in both the House and Senate and signed by the governor. A plain reading of this well intended, but in some instances not completely thought-out, legislation evidences these challenges. Some will say it is a good start that will need significant tweaking, which is expected during the 2023 Legislative Session. Others praise it, and yet others say it is an overreach of governmental authority, such as an inability to waive or reduce certain categories of reserves. You be the judge. We begin by examining the mandatory inspection and reserve requirements of SB 4-D.

I. MILESTONE INSPECTIONS: MANDATORY STRUCTURAL INSPECTIONS FOR CONDOMINIUM AND COOPERATIVE BUILDINGS. (§553.899, Fla. Stat.)

You will not find these new milestone inspection requirements in Chapters 718 or 719 of the Florida Statutes, but rather in Chapter 553, Florida Statutes, as cited above.

MILESTONE INSPECTIONS:

The term “milestone inspection” means a structural inspection of a building, including an inspection of load-bearing walls and the primary structural members and primary structural systems as those terms are defined in section 627.706, Florida Statutes, by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any structural component of the building. The purpose of such inspection is not to determine if the condition of an existing building is in compliance with the Florida Building Code or the fire safety code.

SUBSTANTIAL STRUCTURAL DETERIORATION:

The term “substantial structural deterioration” means substantial structural distress that negatively affects a building’s general structural condition and integrity. The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration.

MILESTONE INSPECTIONS FOR BUILDINGS THREE STORIES OR MORE IN HEIGHT:

A condominium association under chapter 718 and a cooperative association under chapter 719 must have a milestone inspection performed for each building that is three stories or more in height by December 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.

WITHIN THREE MILES OF COASTLINE:

If the building is three or more stories in height and is located within three miles of a coastline, the condominium association or cooperative association must have a milestone inspection performed by December 31 of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.

The condominium association or cooperative association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance.

The condominium association or cooperative association is responsible for all costs associated with the inspection.

IF THE CERTIFICATE OF OCCUPANCY WAS ISSUED BEFORE JULY 1, 1992:

If a milestone inspection is required under this statute and the building’s certificate of occupancy was issued on or before July 1, 1992, the building’s initial milestone inspection must be performed before December 31, 2024. If the date of issuance for the certificate of occupancy is not available, the date of issuance of the building’s certificate of occupancy shall be the date of occupancy evidenced in any record of the local building official.

Upon determining that a building must have a milestone inspection, the local enforcement agency must provide written notice of such required inspection to the condominium association or cooperative association by certified mail, return receipt requested.

Within 180 days after receiving the written notice the condominium association or cooperative association must complete phase one of the milestone inspection. For purposes of this section, completion of phase one of the milestone inspection means the licensed engineer or architect who performed the phase one inspection submitted the inspection report by e-mail, United States Postal Service, or commercial delivery service to the local enforcement agency.

A MILESTONE INSPECTION CONSISTS OF TWO PHASES:

    (a) PHASE 1: For phase one of the milestone inspection, a licensed architect or engineer authorized to practice in this state must perform a visual examination of habitable and non-habitable areas of a building, including the major structural components of a building, and provide a qualitative assessment of the structural conditions of the building. If the architect or engineer finds no signs of substantial structural deterioration to any building components under visual examination, phase two of the inspection (discussed below) is not required. An architect or engineer who completes a phase one milestone inspection shall prepare and submit an inspection report.

    (b) PHASE 2: A phase two of the milestone inspection must be performed if any substantial structural deterioration is identified during phase one. A phase two inspection may involve destructive or nondestructive testing at the inspector’s direction. The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress in order to confirm that the building is structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. An inspector who completes a phase two milestone inspection must prepare and submit an inspection report.

POST-MILESTONE INSPECTION REQUIREMENTS:

Upon completion of a phase one or phase two milestone inspection, the architect or engineer who performed the inspection must submit a sealed copy of the inspection report with a separate summary of, at minimum, the material findings and recommendations in the inspection report to the condominium association or cooperative association, and to the building official of the local government which has jurisdiction. The inspection report must, at a minimum, meet all of the following criteria:

    (a) Bear the seal and signature, or the electronic signature, of the licensed engineer or architect who performed the inspection.

    (b) Indicate the manner and type of inspection forming the basis for the inspection report.

    (c) Identify any substantial structural deterioration within a reasonable professional probability based on the scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for such deterioration.

    (d) State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code, were observed.

    (e) Recommend any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration.

(f) Identify and describe any items requiring further inspection.

LOCAL GOVERNMENT ENFORCEMENT:

A local enforcement agency may prescribe time lines and penalties with respect to compliance with the milestone inspection requirements.

A board of county commissioners may adopt an ordinance requiring that a condominium or cooperative association schedule or commence repairs for substantial structural deterioration within a specified time frame after the local enforcement agency receives a phase two inspection report; however, such repairs must be commenced within 365 days after receiving such report. If an association fails to submit proof to the local enforcement agency that repairs have been scheduled or have commenced for substantial structural deterioration identified in a phase two inspection report within the required time frame, the local enforcement agency must review and determine if the building is unsafe for human occupancy.

BOARD’S DUTY AFTER OBTAINING THE MILESTONE REPORT:

Upon completion of a phase one or phase two milestone inspection and receipt of the inspector-prepared summary of the inspection report from the architect or engineer who performed the inspection, the association must distribute a copy of the inspector-prepared summary of the inspection report to each unit owner, regardless of the findings or recommendations in the report, by United States mail or personal delivery and by electronic transmission to unit owners who previously consented to receive notice by electronic transmission; must post a copy of the inspector-prepared summary in a conspicuous place on the condominium or cooperative property; and must publish the full report and inspector-prepared summary on the association’s website, if the association is required to have a website.

WHO PAYS FOR THE MILESTONE INSPECTION:

Pursuant to section 718.112, Florida Statutes, if an association is required to have a milestone inspection performed, the association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance with all of the requirements thereof. The association is responsible for all costs associated with the inspection.

FAILURE TO OBTAIN THE MILESTONE INSPECTION:

If the officers or directors of an association willfully and knowingly fail to have a milestone inspection performed pursuant to section 553.899, Florida Statutes, such failure is a breach of the officers’ and directors’ fiduciary relationship to the unit owners.

MANAGER’S DUTY:

If a community association manager or a community association management firm has a contract with a community association that has a building on the association’s property that is subject to milestone inspection, the community association manager or the community association management firm must comply with the requirements of performing such inspection as directed by the board.

EXEMPTIONS:

For clarity, the otherwise required milestone inspection does not apply to a single family, two-family, or three-family dwelling with three or fewer habitable stories above ground.

FLORIDA BUILDING COMMISSION REQUIREMENTS:

The Florida Building Commission must review the milestone inspection requirements and make recommendations, if any, to the legislature to ensure inspections are sufficient to determine the structural integrity of a building. The commission must provide a written report of any recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 31, 2022.

The Florida Building Commission must consult with the State Fire Marshal to provide recommendations to the legislature for the adoption of comprehensive structural and life safety standards for maintaining and inspecting all types of buildings and structures in this state that are three stories or more in height. The commission must provide a written report of its recommendations to the Governor, the President of the Senate and the Speaker of the House of Representatives by December 31, 2023.

II.    STRUCTURAL INTEGRITY RESERVE STUDIES AND MANDATORY RESERVES:

The reserve legislation set out in section 718.112 (f)(2)(a), Florida Statutes, is, for all intents and purposes, re-written. Prior to examining these most recent revisions, it is necessary to first examine the definitions set out in section 718.103, Florida Statutes, where a brand new term is added as follows:

    Structural integrity reserve study means a study of the reserve funds required for future major repairs and replacement of the common areas based on a visual inspection of the common areas applicable to all condominiums and cooperative buildings 3 stories or higher.

Hereafter, the structural integrity reserve study is referred to as “SIRS”. Now we can turn our attention to the requirements of the SIRS as set out in section 718.112 (f)(2)(a), Florida Statutes

THE STRUCTURAL INTEGRITY RESERVE STUDY (required for all condominium and cooperative buildings three stories or higher regardless of date of certificate of occupancy):

An association must have a SIRS completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

a.     Roof.

b. Load-bearing walls or other primary structural members.

c. Floor.

d. Foundation.

e. Fireproofing and fire protection systems.

f. Plumbing.

g. Electrical systems.

h. Waterproofing and exterior painting.

i.  Windows.

j. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study.

The SIRS may be performed by any person qualified to perform such study. However, the visual inspection portion of the structural integrity reserve study MUST be performed by an engineer licensed under chapter 471 or an architect licensed under chapter 481.

As further set out in the legislation, at a minimum, “a structural integrity reserve study must identify the common areas being visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of the common areas being visually inspected, and provide a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each common area being visually inspected by the end of the estimated remaining useful life of each common area.”

The amount to be reserved for an item is determined by the association’s most recent structural integrity reserve study that must be completed by December 31, 2024. If the amount to be reserved for an item is not in the association’s initial or most recent structural integrity reserve study or the association has not completed a structural integrity reserve study, the amount must be computed using a formula based upon estimated remain useful life and estimated replacement cost or deferred maintenance expense of each reserve item.

If the condominium building is less than three stories then the legislation provides that, “in addition to annual operating expenses, the budget must include reserve accounts for capital expenditures and deferred maintenance. These accounts must include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000.”

The association may adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance.

If an association fails to complete a SIRS, such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners.

NON-WAIVABLE AND WAIVABLE RESERVES IN THE UNIT OWNER CONTROLLED ASSOCIATION:

As to the SIRS, the legislation is patently clear that unit owners may not vote for no reserves or lesser reserves for items set forth SIRS report. There is on-going debate amongst attorneys in regard to whether a condominium under three stories can waive or reduce reserves for any of the reserve items required to be in the SIRS that are included in the under three story condominium reserve, for example, roof and painting (For those interested, examine lines 1029 to 1033 and 1050 to 1071 in SB 4-D).

MANDATORY RESERVES IN THE DEVELOPER CONTROLLED ASSOCIATION:

Before turnover of control of an association by a developer to unit owners other than a developer pursuant to section 718.301, Florida Statutes, the developer-controlled association may not vote to waive the reserves or reduce the funding of the reserves (Previously, a developer could fully waive all reserves for the first two years, meaning this is a monumental change).

PRE-TURNOVER DEVELOPER DUTY:

Before a developer turns over control of an association to unit owners other than the developer, the developer must have a SIRS completed for each building on the condominium property that is three stories or higher in height.

III.    OFFICIAL RECORDS:

Official records of the condominium and cooperative association include structural integrity reserve studies, financial reports of the association or condominium, and a copy of the inspection reports and any other inspection report relating to a structural or life safety inspection of condominium or cooperative property.

In addition to the right to inspect and copy the declaration, bylaws and rules renters have the right to inspect the milestone inspection report and structural integrity reserve study inspection reports as well.

Structural integrity reserve studies must be maintained for at least 15 years after the study is completed. In addition, inspection reports report and any other inspection report relating to a structural or life safety inspection of condominium property must be maintained for 15 years after receipt of such report.

IV.    ASSOCIATION WEBSITES:

In addition to other positing requirements, the inspection reports described above and any other inspection report relating to a structural or life safety inspection of condominium property and the association’s most recent structural integrity reserve study must be posted to the website.

V.    JURISDICTION OF DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES:

Pre-turnover, the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division) may enforce and ensure compliance with rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium units, and complaints related to the procedural completion of milestone inspections. After turnover has occurred, the Division has jurisdiction to investigate complaints related only to financial issues, elections, and the maintenance of and unit owner access to association records, and the procedural completion of structural integrity reserve studies.

VI. NEW REPORTING REQUIREMENTS FOR ALL CONDOMINIUM AND COOPERATIVE ASSOCIATIONS:

On or before January 1, 2023, condominium associations existing on or before July 1, 2022, must provide the following information to the Division in writing, by e-mail, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or e-mail address provided by the division and on a form posted on the division’s website:

  1. The number of buildings on the condominium property that are three stories or higher in height.
  2. The total number of units in all such buildings.
  3. The addresses of all such buildings.
  4. The counties in which all such buildings are located.

An association must provide an update in writing to the division if there are any changes to the information in the list within six months after the change.

VII.    APPLICABLE TO ALL SELLERS OF UNITS:

As a part of the sales process, the seller of a condominium or cooperative unit and developers must provide to potential purchasers a copy of the inspector-prepared summary of the milestone inspection report and a copy of the association’s most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study.

VIII.    GLITCHES:

As with any new legislation of such a substantial nature, there often follow in subsequent years what are referred to as “glitch bills” which help provide additional clarity, remove ambiguity, and fix unintended errors. To name a few: (i) the term “common areas” is used in the legislation when in fact the correct term is “common element;” (ii) clarity needs to be provided regarding whether reserve items that are required to be in SIRS, but show up in the under three story reserves, such as paint and paving, can be waived or reduced by the membership; and (iii) for those buildings that are within three miles of the coastline, additional clarity could be provided to provide better guidance as to how to perform the measurement.    

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United Professional Engineering (UPE) provides a unique “one-stop-shop” for all your structural engineering needs.

United Professional Engineering (UPE) provides a unique “one-stop-shop” for all your structural engineering needs.

United Professional Engineering (UPE) provides a unique “one-stop-shop” for all your structural engineering needs. Our South Florida area founded firm has been in business since 2005 and we have a diverse team; from licensed designers and structural engineers to inspectors and general contractors. For that reason, our projects range from designing and restoration to structural inspections and more!

 

Providing exceptional engineering services through integrity, reliability and professionalism. With over 21 years of experience, we are the leaders in the industry, and we can help you as well!

Structural Engineering

Commercial, Industrial and Residential Buildings, Marine Structures and more.

Building Restoration Engineering

Structural restoration, concrete restoration, structural strengthening and more.

Inspection Services

Building inspections, threshold inspections, home purchase inspections and more.

Forensic Engineering

Structural condition assessments, expert witness services and more.

Construction Administration

Contract administration, contractor selection assistance and more.

Consulting Services

UPE’s engineering consultants offer a full range of services based on extensive project experience and innovative thinking.


 

Today, one of the largest investments is building a structure and how to maintain its lifespan. Structural integrity, environmental factors, atmospheric elements, and maintaining aesthetics are all important factors that we evaluate very carefully, when working on a project. At UPE our highly qualified licensed designers, engineers and general contractors promises to ensure your investment is protected.

We believe it’s important to exhibit and maintain an open communication network, while working towards each of our client’s best interests, as well as everyone involved. We are committed to structural safety and serviceability, identify equilibrium conditions, resolve limitations and utilize preventive and corrective maintenance behavior. UPE is here to help accomplish each milestone of your project, together!

 

CARMELO GIGLIO
Owner
UNITED PROFESSIONAL ENGINEERING
carmelo@upefl.com
http://upefl.com
Office: 561-582-1733

 

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Loans and Borrowing Money – What Community Associations Need to Know

Loans and Borrowing Money – What Community Associations Need to Know

Loans and Borrowing Money – What Community Associations Need to Know

The video is ready – if you missed the webinar…watch the video now.

by Becker

There is a lot of confusion when it comes to obtaining a loan as a community association. This webinar is intended to clear the confusion and provide you with the necessary tools to obtain a loan.

You will learn:

  • What is and is not collateral for a community association loan
  • What type of loan documents to avoid
  • The borrowing process from beginning to end
  • When to get your attorney involved
Becker - Mark D. Friedman
Mark D. Friedman
SHAREHOLDER
Becker
mfriedman@beckerlawyers.com

Watch the Video !

 

The latest post into “Rembaum’s Association Roundup” is here. “FIDUCIARY DUTY: What it Means to Your Community Association”.

The latest post into “Rembaum’s Association Roundup” is here. “FIDUCIARY DUTY: What it Means to Your Community Association”.

REMBAUM’S ASSOCIATION ROUNDUP | The Community Association Legal News You Can Use

What duty does a community association board member owe to their association? What happens if that duty is breached? During the legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions. The legislation in House Bill 919 was proposed by Representative Porras in response to the alleged $3.4 million dollar embezzlement scheme that took place at the Hammocks Community Association, located in Miami-Dade County. Parts of this proposed bill were well-intentioned; however, several provisions were commonly viewed as too broad and expansive.

On November 15, 2022, the Miami-Dade State Attorney’s Office announced charges related to the Hammocks’ criminal case, including racketeering, organized scheme to defraud, money laundering, grand theft, and fabricating physical evidence against five board members. These board members have been accused of the following:

i) running a scheme in which they used HOA checks and HOA credit cards from 55 bank accounts to pay for “no-show” work by shell companies or vendors, who would funnel money back to the directors for their personal use;

ii) withholding official records from members; and,

iii) failure to hold valid elections, among other bad acts.

If found guilty these board members overtly breached their fiduciary duty to their association.

During the 2023 legislative session, House Bill 919 initially contained significant criminal penalties to punish board members who failed to provide official records when they otherwise should have, criminal penalties for kickbacks, and criminal penalties for improper election interference, among other provisions. Such laws, while well intended, went overboard as evidenced by the creation of criminal penalties for failure to provide official records, as such severe criminal penalties for operational matters would likely only deter good people from running for the board. Recognizing this potential issue, parts of HB 919 were tempered a bit prior to it becoming law. That said, in the opinion of this author, new laws with new criminal penalties are not the answer. Bad people do bad things, and no amount of laws will likely significantly change that. So, what is the answer?

One answer is to shore up the educational and certification requirements for board members. At present, there are two ways to be certified as a board member. One method is to take a State-approved class, which provides an overview of the voluminous information board members need to know in order to perform their duties. The other method is to sign a piece of paper that the board member has read the governing documents, will abide by them, and will faithfully discharge their duties. This second method should be eliminated as there is no method to confirm compliance, and this method does not have any educational component. In addition, continuing education requirements should be required for any board member serving consecutive years.

During a board certification class, time should be spent discussing the term “fiduciary duty.” While the term is repeatedly used in Chapters 718 and 720 of the Florida Statutes, it is not expressly defined in these statutes. Section 718.111, Florida Statutes, makes reference to Section 617.0830, Florida Statutes, which provides for general standards for directors of not-for-profit corporations, such as community associations.

Section 617.0830, Florida Statutes, provides the following:

      1. A director shall discharge his or her duties as a director, including his or her duties as a member of a committee i) in good faith; ii) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and iii) in a manner he or she reasonably believes to be in the best interests of the corporation.
      2. In discharging his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: i) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; ii) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons’ professional or expert competence; or iii) a committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence.
      3. A director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) unwarranted.
      4. A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section.

Still, though, there is no express definition of the term “fiduciary duty.” The purpose of studying fiduciary relationships is to identify the areas where it exists and gain an insight into the duties of a fiduciary. After all, every board member is a fiduciary for their community association. Common definitions of the term “fiduciary” include:

      • A fiduciary relationship is a relation between two parties wherein one party (fiduciary) has the duty to act in the best interest of the other party (beneficiary or principal).
      • A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person.
      • A fiduciary duty is a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party.
      • Most importantly, and germane to this discussion, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.

In other words, a good community association board member puts the interest of their association above their own personal interests. Thus, while we may not be able to stop bad people from doing bad things, through continuing education we can help good people do better.

To recap, there are three things that can be readily accomplished that would make a positive difference for Florida’s community associations.

      1. Remove the ability of a board member to be “certified” by signature alone.
      2. Require continuing education for board members serving continuous years.
      3. Amend Florida Statutes, Chapters 718 and 720, to include express definitions of fiduciary duty so that it is made patently clear that every board member must put their community association above and ahead of their own personal interests.

 

 

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THE BENEFITS OF FLAT CONCRETE ROOFS VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA by SRI Consultants, Inc.

THE BENEFITS OF FLAT CONCRETE ROOFS VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA by SRI Consultants, Inc.

  • Posted: Oct 20, 2024
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  • Comments: Comments Off on THE BENEFITS OF FLAT CONCRETE ROOFS VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA by SRI Consultants, Inc.

THE BENEFITS OF FLAT CONCRETE ROOFS
VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA

BY: SHIRISH RAJPATHAK, M.S., P.E., S. I. | PRESIDENT AND FOUNDER of SRI Consultants, inc. Specialists in structural engineering, civil engineering.

 

In the architectural and building construction industry, the type of roofing material used can have far-reaching implications not only on the aesthetics of the building but also on the functionality, durability, and cost-effectiveness of the structure. This blog post seeks to compare two types of roofing systems – flat concrete roofs and wood-trussed tiled roofs – in the context of Florida’s challenging weather conditions and the potential for high insurance costs, costly repairs following hurricanes, and fire hazards. It also aims to underscore the advantages of flat concrete roofs in terms of their utilization for gardening, solar panels, and recreational activities.
Flat Concrete Roofs vs. Trussed Tiled Roofs: A Comparative Analysis
  • Insurance Costs: Homeowner’s insurance in Florida is greatly influenced by the type of roofing system used in a building. Wood-trussed tiled roofs, while aesthetically appealing, are often more expensive to insure due to their vulnerability to the region’s frequent hurricanes. The tiles can become airborne during severe weather, causing damage to the structure and surrounding properties. On the other hand, flat concrete roofs are inherently more robust and resistant to hurricane damage. Their seamless design and sturdy material make them less likely to suffer significant damage during storms, which can lower insurance premiums for homeowners.
  • Durability and Repair Costs: Wood-trussed tiled roofs require regular maintenance and are more susceptible to damage from Florida’s extreme weather conditions. The repair costs following a hurricane can be substantial, as replacing tiles and repairing the underlying structure can be labor-intensive and expensive. Conversely, flat concrete roofs are known for their durability and low maintenance requirements. The strength of concrete and the absence of individual tiles that can break away make these roofs less prone to damage and thus less likely to need frequent repairs.
  • Fire Resistance: Concrete is a non-combustible material and provides excellent fire resistance, a crucial factor in areas prone to wildfires or in dense urban environments where fires can easily spread from building to building. Trussed tiled roofs, depending on the material of the tiles, may not offer the same level of fire protection.
Utilization of Roof Space
  • Gardening: Flat concrete roofs offer an excellent opportunity for rooftop gardening. This not only enhances the aesthetic appeal of the building but also promotes sustainability and biodiversity.
  • Solar Panels: The flat surface of concrete roofs provides an ideal base for the installation of solar panels. This can lead to significant energy savings and reduce dependence on grid electricity, contributing to a more sustainable environment.
  • Recreational Activities: The additional outdoor space provided by a flat concrete roof can be used for a variety of recreational activities, from hosting gatherings to creating a rooftop yoga studio or even a rooftop pool. This effectively increases the usable space of the property without expanding its footprint.
Cost Considerations
The cost savings of a concrete flat roof compared to a wood-trussed roof can vary greatly depending on several factors. These factors can include the size and complexity of the roof, the region in which the building is located, labor costs, and the specific materials used. Here are some general aspects to consider:
  • Initial Construction Cost: Concrete roofs can be more expensive to install initially compared to wood-trussed roofs due to the material cost and labor involved. However, the cost can be offset over time through lower maintenance and repair costs.
  • Maintenance and Repair Costs: Wood-0trussed roofs typically require more maintenance than concrete roofs, as wood can be susceptible to rot, pests, and weather-related damage. Repairing or replacing damaged components of a wood-trussed roof can add significantly to the lifetime cost of the roof.
  • Energy Efficiency: Concrete roofs can provide better insulation than wood-trussed roofs, which can lead to savings on heating and cooling costs over the lifetime of the roof.
  • Insurance Costs: As mentioned earlier, concrete roofs can often result in lower insurance premiums due to their durability and resistance to fire and severe weather, which can lead to significant savings over time.
  • Lifespan: Concrete roofs generally have a longer lifespan than wood-trussed roofs, meaning the replacement cost is deferred further into the future. This can result in significant savings when considered over the lifespan of the building.
  • Resale Value: A concrete roof can increase the resale value of a home due to its durability, low maintenance, and energy efficiency.

To get a precise cost comparison, it would be best to obtain quotes from local contractors who can take into account the specific details of the building and local material and labor costs. This will give a more accurate estimate of the potential savings.

‍While both flat concrete roofs and trussed tiled roofs have their merits, when considering factors such as insurance costs, durability, repair expenses, fire resistance, and utilization of roof space, flat concrete roofs offer substantial advantages, particularly in the context of Florida’s unique climate and weather conditions. The ability to use the roof for gardening, solar panels, and recreational activities further adds to the appeal of flat concrete roofs. As we continue to confront the challenges of climate change and urban living, the choice of roofing material has implications beyond aesthetics. It is a decision that can significantly impact a building’s resilience, sustainability, and overall cost-effectiveness. The evidence suggests that, for Florida homeowners, flat concrete roofs represent a compelling choice.

For more information, please contact SRI Consultants, Inc. at (561) 372-1290 or via email at office@sriconsultants.net.
PC: Max Beach Resort

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Cohen Law Group:  We are Florida attorneys providing legal services for  Insurance Claim Disputes.

Cohen Law Group:  We are Florida attorneys providing legal services for  Insurance Claim Disputes.

Cohen Law Group:

   We are Florida attorneys providing legal services for  Insurance Claim Disputes. Whether you are a contractor, homeowner, business owner, or property manager, we are here to help you. As zealous advocates for your rights, we will listen to your story and recommend a sound legal strategy for the best opportunity to achieve success. Contact us 24/7 by calling 407-478-4878.

 

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.

 

Make sure your legal rights are protected by seeking the legal advice of an experienced attorney.

Make sure your legal rights are protected – Contact Us

 

Why Should You Choose Us?

We are here to provide you with the highest standard of integrity and professionalism. We are here for you, we are your attorney, and we want to shine for you. With cases ranging from single family homes with roof damage to hurricane-damaged multi-unit apartment complexes, we are dedicated to giving you personal service. It’s all about justice here and we want to prove it to you.

OUR SERVICES

See Our: Hurricane Preparedness Page

 

Insurance Claim Attorney

Due to the state of the economy, insurance claim disputes have become increasingly more common than even just a few years ago.

The bottom line is that insurance carriers must make a profit to continue to exist. The reality is that the law does not allow insurance carriers to make their profit by disputing or denying valid insurance claims by their policy holders.

Contractor Insurance Claim Dispute

Cohen Law Group stands up to these insurance carriers in valid contractor insurance claim disputes. Contractors have a right to be paid, just as the policy holder they are working for has a right to have a valid insurance claim paid.

Homeowner Insurance Claim Attorney

Have you had an insurance claim denied, partially paid, or reduced? If so, we may be able to help. Cohen Law Group stands up to these insurance carriers in valid homeowner insurance claim disputes.

Business Owners Insurance Claims Dispute

Cohen Law Group stands up to these insurance carriers in valid business/property owner insurance claim disputes. We possesses the experience and resources necessary to effectively guide you through each and every aspect of your business/property owner insurance claim dispute.

 

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