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Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

Update: ‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’

Update: ‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’

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:

  • The deadline by which a community association must take legal action against contractors and developers for latent or hidden construction defects will be shortened from 10 years to seven. Ultimately, this will compromise homeowner warranty protection because latent defects are defects that cannot be seen. This includes foundation issues, most structural defects, and leaks behind stucco and under roofs, for both new construction and renovations.

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.

  • Developers and contractors could maintain control of an association long enough to run out the clock on the applicable statutes of limitations. Currently, the deadline for a developer to turn over control of a condominium association to the owners is seven years, at the latest. Even under the current 10-year statute of repose, boards must move quickly to preserve their associations’ rights. 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.

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.

  • The new triggering action to start the clock running on the statutes of limitation would no longer be the issuance of a final certificate of occupancy and “actual possession by the owner” but instead will be the issuance of a temporary certificate of occupancy. A temporary certificate of occupancy is issued many months or even years before an owner closes and takes possession of the home. Naturally, an owner living in a unit is in a better position to notice and report construction defects than someone who has not yet closed and moved in.
  • Developers and contractors would no longer be required to meet the minimum standards imposed by The Florida Building Code when an owner brings a private cause of action.

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.

Donna DiMaggio Berger is a shareholder in Becker’s Community Association Practice in Fort Lauderdale, Florida and is a member of the College of Community Association Lawyers.

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“Condominium Board Member Certification” April 17 at 2pm Est | Live on Zoom

“Condominium Board Member Certification” April 17 at 2pm Est | Live on Zoom

“Condominium Board Member Certification”

April 17 at 2pm Est | Live on Zoom

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
Enroll for Condo Cert

 

“HOA Board Member Certification”

April 24 at 2pm Est | Live on Zoom

This 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
Enroll for HOA Cert

 

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PENNY WISE POUND FOOLISH By Eric Glazer, Esq.

PENNY WISE POUND FOOLISH By Eric Glazer, Esq.

PENNY WISE POUND FOOLISH

By Eric Glazer, Esq.

In light of the new laws requiring mandatory inspections, mandatory repairs and mandatory reserve studies, some associations are looking to cut back and save money. 

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.

We are about to enter into a historic time here in Florida where these types of contracts will be flying off the shelves. 

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.

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Apr 19 Free Lunch & Learn: How To Select A Contractor. | Sponsored by KBRLegal

Apr 19 Free Lunch & Learn: How To Select A Contractor. | Sponsored by KBRLegal

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.

Wednesday, April 19, 2023

Meet the sponsors at 11:30 a.m.

Class begins at 12 p.m.

 

Capriccio Ristorante

2424 N University Drive, Pembroke Pines, FL 33024

1 Credit OPP/ELE

Course #9631934 | Provider #0007984

 

Register on Eventbrite by April 18. Space is limited.

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

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Presented by Castle Group Season 4, Episode 7 of ‘Association Leadership’ Florida’a Newest Insurance Laws

Presented by Castle Group Season 4, Episode 7 of ‘Association Leadership’ Florida’a Newest Insurance Laws

Presented by Castle Group

Season 4, Episode 7 of ‘Association Leadership’

Florida’a Newest Insurance Laws

Wednesday, April 19, 2023 | 12 Noon to 1:00pm Est.

Webinar live via Zoom

REGISTER NOW

Castle Group invites you to join us for Season 4, Episode 7 of Association Leadership. This week’s discussion is on Florida’s newest insurance laws- how they could affect your association, and the proposed legislative changes to the milestone, structural integrity, and reserve study requirements.
Castle Group CFO Craig Vaughan will host the live webinar. He will be joined by Attorneys Jeffrey A. Rembaum & Michael S. Bender- Kaye Bender Rembaum, P.L.- Board Certified Specialists in Condominium and Planned Development Law.
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Education: Licensing: Become a Property Management (CAM) in Florida

Education: Licensing: Become a Property Management (CAM) in Florida

  • Posted: Apr 08, 2023
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Property Management Requirements in Florida

State of Florida Property Management Association; On our Website you can find on our Licensing Course Partners the Licensing Courses are offered to you to become a CAM Manager in the State of Florida! 

Find out about Licensing and Board Member Courses

Become a Property Manager – Many Clients wish to become a property manager they will learn requirements, then take their tests online or in a classroom.

Training is offered by SFPMA and our educational members.

Questions and Answers you might have

1. Must a Florida property management company have a real estate broker’s license

YES. Key components of property management (renting and leasing) are considered a real estate activity under existing Florida real estate licensing laws. A property manager needs a brokers license if he or she is paid by commission, and is handling rentals and leases for others.

No license is required for managing personally owned properties. There is a “Property Manager” license or certificate you should have. Also, certain rental properties need a license through the Div. of Hotels and Restaurants.

 

2. Are there any exceptions to the requirement that a Florida property manager have a broker’s license?

YES. For example, if a property owner employs someone to manage their property, and that “employee is paid a salary”, as opposed to being paid a commission or on a transactional basis, a broker’s license is not required.

For more information about these and other Florida property management requirements and exceptions, please contact the Florida Real Estate Commission.

Before hiring a property manager to manage your Florida rental property, you should always check that he or she is licensed appropriately. You can check the license status of Florida property managers at the Florida Department of Business and Professional Regulation’s Licensee Search webpage.

 

3. Must Florida community association managers have a real estate broker’s license?

No. However, a Community Association Manager license is required if someone receives compensation for providing management services for the following types of associations:

  • An association with ten or more units
  • An association with a budget of $100,000 or greater

 

4. Florida Real Estate Broker License Requirements

Florida real estate broker licensing requirements include:

  • Age: Must be at least 18 years of age.
  • High School: Must have a high school diploma or equivalent.
  • Experience: Must have held a current real estate sales associate license for at least 24 months during the 5 year period immediately preceding becoming a licensed broker.
  • Education: Successfully complete a Florida Real Estate Commission approved pre-licensing course for brokers, consisting of 72 classroom hours and covering specified topics. Courses are valid for licensure purposes for two years after completion. In addition, successfully complete a FREC-approved post-licensing course for brokers, consisting of 60 classroom hours before the initial broker license expires.
  • Exam: Pass the Florida Real Estate Broker Examination with a grade of at least 75.
  • Fee: $115 ($20 application fee; $90 license fee; $5 unlicensed activity fee).
  • Application: complete and submit broker license application which is available online.

 

5. Florida Real Estate Salesperson License Requirements

Florida real estate salesperson licensing requirements include:

  • Age: Must be at least 18 years of age.
  • High School: Must have a high school diploma or equivalent.
  • Education: Successfully complete a Florida Real Estate Commission 63-hour sales associate course.
  • Trustworthiness: Must be of good moral character; must have a background check and submit fingerprints.
  • Exam: Pass the Florida Real Estate Sales Associate Examination with a grade of at least 75%

 

6. Florida Community Association Manager License Requirements

Florida community association manager licensing requirements include:

  • Age: Must be at least 18 years of age.
  • Education: Must complete at least 18 hours of pre-licensure education from an approved provider.
  • Trustworthiness: Must be of good moral character; must have a background check and submit fingerprints.
  • Exam: Pass the Community Association Management Exam.
  • Then Pay the License fee in your state.

 

 

With over 15 years of experience, we provide the best professional continuing education in Florida.

More Community Association Managers have gone through Florida’s license training courses than with any other offered,  Whether you are looking for a classroom experience or an online courses, we make sure you are prepared for the exam and success. Our Partners with CAM Pre-licensing and CAM courses, have experienced a 100% passing rate when the course and reviews are completed before the exam.
Long after you have completed your exam, we are behind you with the best continuing education courses in the business.

SFPMA has our Calendar of upcoming events: Each month you will find the top events given by Law Firms, Educators, Service and a great team of Marketing Companies. Find courses for boards, managers, owners and investors. You can also take advantage of our You Tube and Radio Shows by some of the All Stars in out education by: Kay Bender Rembaum, and Condo Craze and HOA’s.

 

Becoming a Property Manager – Many Clients wish to become a property manager they can learn and then take their tests online or in a classroom, Training is offered by educational members of sfpma

 

Licensing requirements for Property Managers

How long has the company been in operation?
The rule of thumb is to look for five years or more experience, but this must be weighed against all the other criteria as there are subpar veterans and excellent startups in many markets. Also, beware of a company that has changed its name to avoid bad past.

Community Association Managers who focus on one property type and/or don’t provide realty services pride themselves on this point. There are definitely benefits to working with a company that has a single focus and specialization, but there are plenty of competent community association management companies who provide realty service and/or manage multiple property types. The main thing to look out for is people who decide to become property managers overnight even though they are unqualified. Although this applies to people from all backgrounds, its worth noting that when the real estate market slows down a good number of realtors moonlight as property managers, some of whom lack the proper licensing and or skills required.

 

How knowledgeable are they?
If they appear to not have the time to answer your questions in the interview process, move on. They either genuinely don’t have time for their clients, or this is a front to mask their lack of knowledge. Try offering them some hypothetical scenarios to see if they offer you solid answers or dance around the question. Quick, clear answers mean there are well laid out processes in place rather than a fly-by-the-seat-of-their-pants, more reactive mentality.

 

Are they licensed to practice property management?
This is a very important point as it is a serious problem when anyone tries to practice property management without being a licensed Community Association Manager and educated in the field. The fact that your community association management company is licensed means they are subject to the ethics and guidelines established by their states governing authority. If they don’t have a broker’s license, they either will likely be operating under another broker’s license or are in a state that does not require a broker’s license. Either way it’s worth checking the laws in your state and verifying things to make you don’t hire a company that is practicing property management illegally. Also make sure to find out if they have a current errors and omissions insurance policy.

 

What certifications does the CAM company and its employees have? Do they participate in continuing education?
This is a good indicator of how seriously the company takes their work. You want to look for companies that nurture their employees professional development by encouraging (or even better requiring) them to attend graduate level courses and seminars. Professional certifications mean the recipient has invested considerable time and money acquiring the skills required to be an expert in their field. Here are some trade organizations and the designations they provide:

  • National Association of Residential Property Managers (NARPM) – RMP, MPM, CRMC,CSS
  • National Apartment Association (NAA) – CAM, CAMT, CAPS, CAS, NALP
  • Institute of Real Estate Management (IREM) – CPM, ARM, AMO, ACoM
  • State of Florida Property Management Association. (SFPMA) (Through our Member Partners)

 

Does the management team dress and act professionally?
First impressions matter. The companies you interview are likely on their best behavior during the interview process so if they don’t look and behave professionally then, don’t expect things to improve. Consider that this person will represent you when dealing with current and potential future tenants; if you don’t find them agreeable what are the odds your tenants will? It’s also a good idea to get a look at their offices as this will provide yet another window into what kind of property conditions they find acceptable.

 

How many properties should managers manage

How many types of properties do they manage? Do they have a specialty?

Generally speaking it is a good thing if they focus on specializing in one area. How many properties are they currently managing? Is the company trying to grow, hold or slim their portfolio? This question is closely related to size which is covered in the next article.

 

Do they manage properties locally, regionally, or nationally?
The conventional wisdom is that a local only is best because is allows for a more singular focus as well as increases managements attention and ability to meet your needs as well as your access to decision makers in the company. That said, this can be an over generalization easily out weighed by any number of the other factors covered in this hiring guide.

 

Do they manage any section 8 properties?
These kinds of properties come with their unique challenges and require specific knowledge to manage. If you own, or think you may consider purchasing section 8 properties in the future you are best looking for a company that has experience in this area.

 

Ask for the addresses of some of their properties so you can do a drive by and if possible get a walk through.
Bear in mind they will select properties that reflect well on them, if you really want to go the extra step you can hunt down one of their other properties by locating some of their listings on there websites. Either way, if you get the opportunity to talk to tenants & owners try to assess their level of satisfaction with the Community Association Management Company.

 

Where is their office located? How far is it from your rental property?
The farther away they are the more likely the level of attention your property receives will suffer. A maximum of a twenty five minute drive is a good rule of thumb. or Find out of they have managers at each property some companies have offices in each building they manage, or an agreement with the building owner placing an apt set as a office.

 

IMPORTANT: This information is intended for informational purposes only and under no circumstances should it be considered legal advice or relied upon without first confirming its contents with your state real estate commission. Laws are updated frequently, and this information may not reflect the current law in your state. To confirm the specific requirements for each state, please contact your state real estate commission.

Property Management Forms

As you become a CAM Manager and start your business, You will need the Forms to help you, Leases, Letters to Tenants, Legal Documents and much more……..

Just some of the essential forms to assist you in leasing your premises, complying with legal requirements, and keeping relations with your tenants amicable. Forms include the 1. Landlord Tenant Closing Statement to Reconcile Security Deposit, 2. Residential Rental Lease Application, 3. Residential Rental Lease Agreement, 4. Commercial Building or Space Lease, 5. Security Deposit Agreement and other forms.

 

We offer Subscriptions – download and get access to

EVERY FORM YOU WILL NEED FROM THOUSANDS OF FORMS

SUBSCRIBE TODAY TO OUR FORM PACKAGE

 

 

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Release of Liability and Hold Harmless Agreements by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

Release of Liability and Hold Harmless Agreements by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

Release of Liability and Hold Harmless Agreements

by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

If Your Association Requires One, Then You Must Read This…

Many communities offer a host of amenities for their residents and guests to enjoy, such as clubhouses, fitness centers, playgrounds, swimming pools, tot lots, tennis courts, etc. One of the upsides to providing such amenities is that the residents and their guests have a variety of activities to choose from, which enhances the quality of life within the community. However, one of the potential significant downsides to offering such benefits is that the association often incurs liability if a resident or guest is injured while using one of the amenities.

Accordingly, it has become commonplace for associations to require that residents and guests sign a document that releases the association from liability and holds the association harmless when a resident or guest uses the amenities. Although the title of the document may vary—“Hold Harmless,” “Indemnification Agreement,” “Release of Liability,” or “Waiver and Release”—there is usually language included within the document along the lines of the following:

“I, Mr. Owner, on my own behalf and on behalf of all other occupants and guests to my home, for and in consideration for use of the association’s facilities, equipment, etc. hereby release and hold harmless the association, its members, officers, directors, agents, etc. from any and all liability which may arise out of or in connection with my participation or use of the foregoing facilities, equipment, etc.”

This language is often referred to as an “exculpatory clause,” which is a clause that is designed to relieve a party from blame or liability. Such language has traditionally served to help prevent an association’s liability to an owner or guest when he or she is injured while using the amenities. It may have been a while since anyone has taken a good look at the specific language included in the association’s release, and it may be taken for granted that such language will automatically protect the association from liability. Many such form documents do not provide the protection you might think they should. A recent Florida appellate court case dealing with such exculpatory clauses highlights this potential issue and offers pause.

Specifically, The Estate of Nicholas Adam Blakely, By and Through Michele Wilson, as Personal Representative v. Stetson University, Inc., WL 17997526 (Fla. 5th DCA 2022), involved the tragic death of a young man who played football at Stetson University. As described in the written appellate opinion, the young man pulled himself out of an afternoon football practice complaining to an assistant athletic trainer that he felt dizzy and that his chest felt tight. Although the trainers continued to monitor his symptoms on the sidelines, after approximately 45 minutes the young man collapsed. Thereafter, university employees attempted various emergency medical procedures in an unsuccessful effort to revive him. The young man was transported to the hospital where, sadly, he died.

The trial court found that the two identical releases signed by the young man were sufficiently clear to bar claims brought against the university arising from his death after participating in the football practice. On appeal, however, one of the arguments focused on whether the language in the releases that the young man signed were sufficient to be enforceable. The appellate court determined it was not. Although the entirety of the written releases are unable to be reproduced here, the particular language that the court focused on is set out below. Specifically, the appellate court placed emphasis on the following:

I understand that the dangers and risks of playing or participating/practicing may include, but are not limited to: death…Because of the dangers and risks involved in participating in intercollegiate athletics, I recognize the importance of following the Coaches and Sports Medicine staff instructions regarding playing techniques, conditioning, rehabilitation/treatment recommendations and team rules, etc. and agree to obey such instructions…I hereby assume all risks associated with participation and agree to hold Stetson University…from any and all liability…of any kind or nature which may arise by or in connection with my participation in any activities related to the Stetson University athletic program. The terms hereof shall serve as a release and assumption of risk for myself, my heirs, estate, executor, administrator, assignees and for all members of  my family. The terms hereof shall serve as a complete release and waiver of liability for myself, my heirs, estate, executor, administrator, assignees, and for all members of my family.

 

On its face, it sounds complete. But is it? In its analysis of the language included in the releases, the appellate court began by expressing that

[A]n exculpatory clause purports to deny an injured party the right to recover damages from a person negligently causing his injury. They are disfavored in the law because they relieve one party of the obligation to use due care and shift the risk of injury to the party who is probably least equipped to take the necessary precautions to avoid the injury and bear the risk of loss. Such claims are strictly construed against the party seeking to be relieved of liability. Thus, exculpatory clauses are enforceable only where and to the extent that the intention to be relieved from liability is made clear and unequivocal. The wording must be clear and understandable that an ordinary and knowledgeable person will know what he is contracting away (quoting UCF Athletics Ass’n, v Plancher, 121 So. 3d 1097, 1101 [Fla. 5th DCA 2013]).

 

Unlike the trial court, the appellate court took issue with the language contained within the releases because the release forms

  1. failed to expressly inform the young man that he was contracting away his rights to sue the university for its own negligence,
  2. used language that could reasonably lead one to believe that the university would be supervising and training [him] properly such that the young man was only being asked to sign the exculpatory clause to cover injuries inherent in a sport, and
  3. used language suggesting that the terms of the releases were for the young man’s benefit.

 

Accordingly, the appellate court determined that the foregoing supported a determination that the releases were not clear and unambiguous. So, what does the appellate court’s decision mean for exculpatory clauses as related to an association’s release? It means that associations need to review the language in such exculpatory clauses with counsel to assist in aligning the language with the thinking of the court. For example:

  1. Is the language in the release clear, unambiguous, and written in such a way that an ordinary and knowledgeable person would know that he or she is contracting away his or her right to sue the association if an injury occurs?
  2. Is the language in the release free from any indication whatsoever that training and/or supervision is being provided by the association to avoid a mistaken belief by the owner or guest that he or she is merely signing away his or her right to sue for injuries inherent in a particular activity?
  3. Is it unequivocally clear that the individual is giving up all rights to litigate against the association in regard to any accident that may occur, even if the association was negligent?
  4. Are there terms in the release that would make it seem as though the release is for the benefit of the homeowner or guest and not the association?
    If you are in doubt as to the exculpatory language included in your association’s release, do not wait until a homeowner or guest is injured, or possibly worse, to discover that the language is not appropriate for protecting the association from liability. In light of this most recent opinion, you should discuss with your association’s legal counsel when there would be a good opportunity to review and amend such release of liability and hold harmless agreements.
Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of ‘Rembaum’s Association Roundup’, an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations.  His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.
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Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association by Katzman Chandler

Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association by Katzman Chandler

  • Posted: Apr 03, 2023
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Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association

by Katzman Chandler

SAVE YOUR ASSOCIATION MONEY & ENSURE FINANCIAL STABILITY.

Katzman Chandler’s Collect 4 Free Program

We guarantee, by written contract, that your Association will NEVER receive an invoice for Costs or Legal Fees advanced and/or incurred by our Law Firm in providing delinquent account collection services under our “COLLECT 4 FREE” Delinquent Account Collection Option.

Contact us today, and let us show you how you can immediately reduce the potential future monetary shortfall in your Association’s budget resulting from owner delinquency, as well as ensure a healthy financial future for your Community…

COLLECT 4 FREE!Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option is a truly unique program that guarantees, in writing, that your Association will NEVER receive an invoice for Costs or Legal Fees incurred by our Law Firm in providing delinquent account collection services.

Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option promotes efficiency in your Association’s operations by allowing your Community to timely and effectively pursue delinquent accounts and quickly collect delinquent assessments owed, rather than unnecessarily carrying delinquent owner debt on the Association’s books for extended periods of time.

Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option provides your Community with the ability to pursue delinquent accounts while avoiding the potential Risk, Liability and/or Financial Exposure to your Association for the payment of Costs and Legal Fees traditionally associated with Community Association Collection and Foreclosure actions.

Why Collect 4 Free?

Engaging Katzman Chandler and electing to take advantage of our “COLLECT 4 FREE” Delinquent Account Collection Option makes complete financial sense for nearly all qualifying Community Associations, including yours. Most Associations qualify. Call us today to confirm that yours does!

We are so confident in our ability to successfully collect upon your newly delinquent accounts, that we are willing to shift the ultimate financial responsibility for the Costs and Legal Fees incurred in the process from your Community to our Law Firm.

Our confidence in this regard comes from our depth of experience in not only handling delinquent account collection, but forecasting trends in delinquent account collection.

Katzman Chandler’s attorneys and staff have successfully resolved tens of thousands of delinquent assessment accounts on behalf of Community Associations over the past two decades, and welcome the opportunity to collect your Community’s delinquent accounts as well – with COLLECT 4 FREE!

If you are a new addition to the Katzman Chandler family of clients, and have delinquent accounts in collection with your prior attorney, Katzman Chandler can take over your Association’s existing/aged collection files and pursue them under a full advancement of Costs and Legal Fees option.

In addition to the obvious benefits of our “COLLECT 4 FREE”, we offer robust online status reports available 24/7, paperless communications sent automatically via email and an owner website portal to facilitate communication, expedite payoffs and obtain quick settlements of delinquent accounts.

Contact us today:

Schedule a Complimentary Consultation

“WE WANT TO BE COMMITTED TO YOUR COMMUNITY”

by clicking the following link: https://bit.ly/3ZHoWOY

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Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

An effective portal solution for managing electronic communications with features that increases the resident experience. In this article, we look at how our Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

By Concierge Plus

Due to pandemic restrictions, many management offices were inaccessible to residents. This caused a greater reliance on telephone and e-mail communication. For many residents, failure of management to respond to their queries in a proper way created distrust and a perception that the management company is incompetent. The root cause to this problem is the lack of an effective portal solution for managing electronic communications with features that increases the resident experience. In this article, we look at how our Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

Efficient maintenance request process

The main responsibility of any management company is to ensure that community associations are well maintained. Residents should be able to report maintenance requests as soon as possible from wherever they are. While calls and text messages can get your attention, residents might not be able to explain the situation entirely. However, via Concierge Plus’ Service Request feature, they can give details of their concern and even upload pictures or videos to aid their explanation.
Requests are always tracked by unit, so you’ll always be able to access a history of what happened. And full reporting features mean you can very quickly generate all the information you need to update your board or your residents.

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Transparency in association governance

Since the tragic Surfside condo collapse in Miami, residents are asking for more transparency from their elected board members. Transparency is characterized by visibility or accessibility of information concerning association practices.
Board members can use Concierge Plus as a platform for keeping residents in the loop with regards to anything related to building maintenance. Since the tragic Surfside condo collapse, we’ve been told that residents are particularly asking for their board’s plan on risk mitigation.
Board members can share documents such as a Reserve Study with unit owners using our File Sharing feature. This is a password-protected repository for important documents and is a great place to store articles of incorporation, meeting minutes, rules and regulations.

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Virtual owner meetings and AGMs

As the pandemic eases and we resume in-person gatherings, hybrid meetings are slowly becoming a permanent part of how community associations function.
Board members can easily add HD web conferencing, automate attendance, enable eligible owners to vote online, and more through our all-in-one virtual meeting platform integration with GetQuorum.
Advanced and real-time electronic voting allows owners to vote securely on important meeting matters before or during the meeting using GetQuorum’s dynamic online platform.
Electronic voting offers substantial cost savings, improved efficiency and significantly reduces errors associated with traditional paper-based voting.

Efficient package management

Community managers, security guards and concierges everywhere are fighting a losing battle trying to keep up with the unrelenting wave of incoming parcels during the holiday season. When staff members spend more time accepting, storing and retrieving parcels, they can’t focus on their security duties.
With Concierge Plus’ Notification feature, you can avoid ending up with front desk congestion and angry residents. Use Concierge Plus to manage package deliveries with automated emails and an easy tracking process. Residents can select to be notified by text message (SMS) or by an automated phone call, which is perfect for urgent and timely notifications.
With our barcode scanner your team can quickly scan every package that arrives, and when residents come to pick-up their packages, they simply sign on a digital signature pad to confirm their identity permanently and securely.
Last but not least, we also offer beautifully designed, 40″ digital lobby display screens which you can use to alert residents that items are available for pick-up.

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Secure resident and visitor parking

For most residents, the safety factors associated with condo living are a huge consideration in choosing life in a community association.
Concierge Plus can help you manage who is coming in and out, where they are parking, and if they have permission to enter the building. Our integrated hardware offerings alleviate confusion with parking pass printers that clearly denote who is parking where.
The printer connects easily to your computer and facilitates tracking of visitor vehicle details such as license plate number, make, and color. A parking pass receipt will print automatically for visitors to display on their dashboards.

 

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The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund 

by, Dee Rowe, CACM, Contributing Author

Once upon a time, benevolent Prince Sanders was afraid that people would lose their homes because they were unable to pay their mortgages or HOA fees. You see, a nasty respiratory disease was ravaging the kingdom and all surrounding kingdoms. Workers not deemed essential were forced out of work to limit the spread of the disease. The price of essential goods and services skyrocketed. Even once a “return to work” was announced, for many business owners and employees there was no work to return to. The kingdom was in crisis.

Since he was Chairman of the kingdom’s Senate Budget Committee, he and 11 others authored theAmerican Rescue Relief Act, which included a Homeowner Assistance Fund designed to keep those people from losing their homes and keep their public utility services active. The problem was, nobody told the homeowners, or those responsible for the communities they lived in.

Meanwhile, in a Far-Off Corner of the Kingdom

Mary was contrary, and could you blame her? She was a single mother with three small mouths to feed. Her ex-husband ran off with Sally years ago and now lived in a cottage by the sea selling seashells. That left Mary to care for the gardens ​of silver bells, cockleshells, and primroses all in a row. There was a time before the pandemic when her business thrived. Weddings were large, formal affairs, and nobody’s flowers were prettier than Mary’s. Brides paid a pretty penny for her services. But now weddings were smaller and more intimate. Because everybody’s budgets were stretched tight, brides cut expenses wherever they could. That included Mary’s flowers.

With the sun sinking on the horizon, Mary put the gardening tools in the shed and trudged into her small house. The children would be hungry, and someone had to feed them. Opening the nearly bare cupboard, she groaned. Once again, they would be eating beans and rice. As she measured the rice, her hand scraped the bottom of the barrel. Even beans and rice would soon be a luxury. Forcing a brave face, she served the children dinner and busied herself with chores while they ate. She ate their leftovers to make sure they got enough. Her stomach growled and grumbled, but she was used to ignoring that. She’d been doing so for a couple of years, ever since the virus started spreading.

Before she put the little ones to bed, she walked to the end of the driveway to get the day’s mail. Inside the mailbox was another notice from the HOA about her missed payments. Tears welled up in her eyes. How was she supposed to pay when there wasn’t enough to eat, and every penny went toward keeping the bank from taking her home? Now the association was threatening to take her home too. What would they do then? She wasn’t eligible for bankruptcy, because she’d had to file for one after her divorce.

Hands shaking, she placed the notice on the kitchen table and tucked her children into bed, noticing as she did so that all their nightclothes were threadbare and too small. Once she was back in the kitchen, she picked up the notice and read it again. “Due to the non-payment of assessments, your account has been referred to an outside agency for collections. Please contact them at once to avoid foreclosure.”

This time, tears did more than well up, they spilled down her cheeks and left spots on the table. With her head in her hands, she sobbed into the night until she fell asleep right there in the kitchen. Her dreams were troubled and chaotic, with visions of fire-breathing dragons scorching her home and beautiful gardens to the ground.

They Aren’t Dragons, They’re Heroes

The next morning, after the children ate their oatmeal and headed off to school, Mary called the collection company the HOA referred her case to. She braced herself for battle, recalling the fire-breathing dragons from last night’s anxiety-fueled dreams. Much to her surprise, that mental armor turned out to be unnecessary.

S​he spoke with a friendly and helpful representative from Axela Technologies, who was sympathetic when Mary described her financial position. The representative suggested that Mary try applying for something called the Homeowner Assistance Fund (HAF) because an online map showed that her part of the kingdom may have funds available to cover the mortgage, utility costs, and even HOA fees since her hardship was caused by the pandemic and started after January 21, 2020. The helpful rep also arranged it so Mary would not lose her home while waiting for a decision from the HAF. She was so relieved she began to cry over the phone because she felt hope for the first time in years. “You’re my hero”, she told the Axela employee.

I​t Isn’t a Fairy Tale but a Well-Kept Secret

As she worked in her gardens that day, Mary wondered why she’d never heard of the HAF before. There were probably others like her; hardworking people who had no savings or credit to see them through when the pandemic shut the kingdom down. People who had spent the years since the return to work trying to find work or customers. People who were desperate to keep the homes that they loved and that kept their families safe and warm. Good people who wanted to pay their HOA fees but had to choose between that and feeding their children.

After waiting as patiently as she could, Mary got an answer from the HAF. Hands trembling, she opened it and read the decision over the phone to that helpful representative from Axela Technologies she had first spoken to. “Your application has been approved.” Once again, she was crying, this time tears of joy.

Later that day, Mary wrote a letter to the board of directors of the HOA thanking them for working with anethical company like Axela Technologies, and not a predatory collection service. That letter was the first communication the board received from her that wasn’t contrary.

For a real-life collection fairy tale like this, contact us at Axela Technologies today. We offer creative solutions, not threats and ultimatums.

 

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The State of Florida Property Management Association and Educational Providers bring, in person and online events every month.

The State of Florida Property Management Association and Educational Providers bring, in person and online events every month.

The State of Florida Property Management Association and Educational Providers bring, in person and online events every month.

EVENTS: BOARD MEMBERS & MANAGERS FIND COURSES, SEMINARS, WEBINARS, RADIO SHOWS, YOUTUBE LIVE, EVENTS ALL OVER FLORIDA.
In our efforts to bring educational courses to our industry in a safe way, Educational Members provide many courses online through Zoom, Radio and Video presentations. Take advantage of these online Courses many are approved by the State of Florida where after watching, joining and taking part in will give you credits and certifications for the Courses. These lively, interactive and informational courses are approved for board member certification and property manager continuing education credits. (ECU Credits) some are held in a Video setting while others are online through Zoom and other platforms. SFPMA is happy to bring to you these Educational Resources for you to take part in.
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