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

“Notice of Board Meeting Must Include Agenda” by Becker

“Notice of Board Meeting Must Include Agenda” by Becker

  • Posted: Mar 29, 2023
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Q: The board of directors of my condominium association recently voted on an issue that was not on the posted agenda. Following the meeting, the board realized that this was an error and there is a question as to how to correct the mistake. Should the board address this at the next board meeting and vote to undo what they voted on? (S.G., via e-mail)

A: Section 718 112(2)(c) of the Florida Condominium Act requires that notice of board meetings be posted on the condominium property at least 48 hours in advance (certain notices must be posted and sent to all owners 14 days in advance). The law goes on to say that the posed notice specifically must identify all agenda items. The public policy is that if owners know what the board will be voting on, they can decide if they would like to come to the meeting to observe or offer input.

The statute goes on to provide that an item not included on the notice may be taken up on an “emergency” basis by a vote of at least a majority plus one of the board members. Any emergency action so taken must be noticed and ratified at the next regular board meeting.

It is not suggested that the issue taken up was an emergency, but rather it was just a mistake. While there is no way to go back in time and cure the mistake, the most appropriate cure would be for the association to add the issue on the agenda at the next board meeting and have the board properly address the issue and revote on the motion.

Interestingly, for homeowners’ associations, while there is a requirement that notice of board meetings generally be posted at a conspicuous place in the community at least 48 hours in advance, there is no requirement that an agenda for the meeting must be posted. However, given that the Homeowners’ Association Act, Chapter 720, Florida Statutes, provides that members have the right to speak on all “designated items,” posting an agenda is a “best practice” and an agenda should be available at the meeting to confirm what issues owners may address.

Q: What does “plurality of the votes” mean when there are five seats up for election in a homeowners’ association? (J.Y., via e-mail)

A: Plurality means that the candidates who get the most votes win, whether they received votes from a majority of those who cast ballots or not.

Q: From what I understand, Florida law does not require directors to reside in the community, but our condominium documents do require residency within the community to be eligible to serve on the board of directors. Which would control? (S.F., via e-mail)

A: Florida law controls over your condominium documents in this instance, and the residency requirement in your condominium documents are not enforceable as being contrary to Florida law.

Section 718.112(2)(d)4 of the Florida Condominium Act states that every unit owner has the right to serve on the board. There are also certain limitations on board eligibility within the Act itself. For example, certain convicted felons are ineligible for board service. Certain financial defaults to the association can also disqualify a person from running for or serving on the board.

Other than the criteria for ineligibility set forth in the Act, limitations on the right to serve on the board are not legally valid. The Division of Florida Condominiums, Timeshares, and Mobile Homes, the state agency which has specified regulatory oversight of condominiums, has also ruled that “residency requirements” for board service contained in association bylaws are invalid. However, term limits contained in bylaws are valid in condominiums.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

 

Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

  • Posted: Mar 29, 2023
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Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

As the 2023 Florida legislative session gets underway, there are several bills impacting associations and real estate

Senate Bill 154 and House Bill 1395

Perhaps the most important of these are Senate Bill 154 and House Bill 1395, which deal with issues such as inspections and condominium association financial reserves that were addressed in the condo safety reform law that was passed last May with the adoption of Senate Bill 4D during a special legislative session. Under the new law, inspections are required for buildings that have been occupied for 30 years — or 25 years if they are within three miles of a coastline. After these initial inspections, the buildings will have to go through the process again every 10 years.

Flalegislature-300x169If adopted, the new bills could result in changes to the time by which buildings, including those within three miles of a coastline, will have to be inspected. The two bills include different timeframes by which the initial milestone inspection may have to be performed (e.g., SB 154 triggering all such inspections at 30 years with discretion for local officials and authorities having jurisdiction to compel some at 25 years depending on “local circumstances, including environmental conditions such proximity to salt water”; or HB 1395 requiring the initial inspections at 25 years for all buildings regardless of proximity to salt water).

 

SB 154 also includes provisions that would allow local officials to extend inspection deadlines if building owners have entered into contracts with architects or engineers but the inspections cannot be finished in time.

HB 1395 further proposes to increase the types of professionals that may perform phase 1 of the milestone inspections from architects and engineers to also include general contractors licensed under Chapter 489, Florida Statutes, with at least five years of experience in building/constructing threshold buildings, or as a building code administrator or licensed building code inspector.

The bills also include changes to portions of the statutes governing the financial reserves studies and requirements that were implemented under last year’s law. Some of the changes provided in SB 154 include clarification as to which building components must be included as part of the required reserve funding. It would also allow reserve studies to “recommend that reserves do not need to be maintained for any item for which an estimate of useful life and an estimate of replacement cost or deferred maintenance expense cannot be determined.” The bill’s sponsor says that provision could apply to building foundations.

HB 1395 includes different proposed changes pertaining to the structural integrity reserve items, such as providing for modified deadlines to the December 31, 2024, deadline established under last year’s reforms.

These are just a sampling of the various changes being considered by the legislature this session. As is usually the case with the legislative process, the provisions of SB 154 and HB 1395 will likely undergo various changes and may become mirror images of each other via lawmakers’ negotiations resulting in a final version that may be voted into law. Condominium association stakeholders should keep an eye on these bills given that their adoption by the legislature could surely result in significant changes to the monumental laws adopted last year affecting condominium associations in Florida.

House Bill 85

The legislature is also considering changes to the state’s statute of repose for construction defect lawsuits, which is used to determine how long a party has to file a claim for latent construction defects after a structure or improvement has been completed.

Currently, the state’s 10-year period of repose starts to run from the latest of these four events: 1) the date of actual possession by the owner, 2) the date of the issuance of a certificate of occupancy, 3) the date of abandonment of construction if not completed, or 4) the date of completion of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer. After the 10-year period expires, a claim for latent defects can no longer be brought.

If adopted, House Bill 85 would revise the triggering events for the period of repose for suits brought for latent construction defects to the earliest of: 1) the issuance of a temporary certificate of occupancy, 2) the date of the issuance of a certificate of occupancy, 3) or the date of issuance of a certificate of completion, or 4) the date of abandonment if construction is not completed.

The repose period would start to run seven years from the earliest of the foregoing four events. These changes, if adopted, could have significant changes to the time frame within which an association may assert a claim against parties responsible for construction defects.

As the legislative session unfolds and reaches its conclusion on May 5th, our firm’s attorneys will continue to monitor these and other bills impacting the state’s community associations and real estate industry.

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You deserve to enjoy a lake free of algae and weeds this summer. It can be a challenge to achieve clean water, but it’s possible with the help of SOLitude Lake Management experts.

You deserve to enjoy a lake free of algae and weeds this summer. It can be a challenge to achieve clean water, but it’s possible with the help of SOLitude Lake Management experts.

  • Posted: Mar 28, 2023
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Lake Management for Communities: Creating Beautiful Water for All

Managing a community pond or lake is not easy. When the community lake or pond is covered in algae or aquatic weeds, it not only creates an eyesore that can lead to flooding and loss of property value but can also lead to complaints from residents. Water shouldn’t be a source of stress and you should be proud of the community you manage. It’s time to turn those complaints into compliments. Every community deserves beautiful, clean water they can enjoy, that’s why our aquatic experts partner with HOAs and communities across the country to achieve pristine water.

You deserve to enjoy a lake free of algae and weeds this summer. It can be a challenge to achieve clean water, but it’s possible with the help of our experts and science-backed solutions. 

Ensure your water is ready for summer in three easy steps!

PREPARE YOUR LAKE FOR SUMMER
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Hurricane Season is almost here! – Have you had your storm drains inspected yet?

Hurricane Season is almost here! – Have you had your storm drains inspected yet?

  • Posted: Mar 28, 2023
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Hurricane Season is almost here!

Hurricane season runs from:

June 1, 2022 through November 30, 2022

Have you had your storm drains inspected yet?
During a hurricane or tropical storm, it’s common for an area to experience several inches of rainfall and catastrophic wind over a very short timeframe. All of that excess debris and sediment from a hurricane can cause blockages in our stormwater systems, hindering them from operating properly.
Hurricanes are uncontrollable, but what we can control is taking the proper precautions and steps to make sure our stormwater systems are ready for the upcoming season!
Contact us today at 954-382-9766 or info@allstatemanagement.com to talk to one of our Stormwater Specialists!

STORMWATER SYSTEMS –
PREVENTS FLOODING

Storm Drain Cleaning in Broward County and South Florida

Allstate Resource Management’s team of experts specializes in storm drain cleaning in Broward County and storm drain cleaning in South Florida. We will keep your stormwater systems and storm drains clean and operating properly and in compliance with government standards. Various government agencies in Florida have specific regulations regarding the maintenance of these complex systems. Non-compliance can result in fines and unnecessary expenses. We can help ensure that your stormwater systems are working effectively and comply with Florida’s regulation standards. Our team are experts at storm drain cleaning and will make sure your stormwater systems are working properly. Stormwater systems accomplish many vital functions. Their primary purpose is to prevent flooding by rapidly removing surface water. A properly functioning drainage system also helps to maintain water quality, capture pollutants and contributes to balancing Florida’s precious drinking water supply.

 

CONTACT US TODAY TO FIND OUT HOW WE CAN HELP YOU!
CALL (954) 382-9766

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Condominium Board Member Certification Course, taught by  Emily E. Gannon, Esq. from Kaye Bender Rembaum.

Condominium Board Member Certification Course, taught by Emily E. Gannon, Esq. from Kaye Bender Rembaum.

  • Posted: Mar 28, 2023
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Condominium Board Member Certification Course, taught by

Emily E. Gannon, Esq. from Kaye Bender Rembaum.

March 29, 2023 | 12 Noon Est.

Live via Zoom | Enroll HERE

This session is for Board Members of Condominium Associations; it will NOT satisfy state requirements for new HOA Board Members.

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Reviving Previously Unenforced Restrictions

Reviving Previously Unenforced Restrictions

  • Posted: Mar 28, 2023
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Reviving Previously Unenforced Restrictions

Campbell Property Management 

While trying to enforce restrictions and rules in your community, have you run across evidence, or worse, been brought to your attention by current residents or a pending lawsuit, that your current or previous boards were arbitrarily or inconsistently been enforcing certain rules and restrictions?

What are you to do now? Just give in? Not necessarily. A restriction can be revived with notice, to the community, that the association will enforce the restriction moving forward. This lets owners know that the board will actively and evenly enforce the restriction in question. Attorneys refer to this as the Chattel Shipping clause and comes from the case in 1985 of Chattel Shipping and Investment, Inc. v. Brickell Place Condo Assoc.

In this case the association’s declaration of condominium prohibited unit owners from enclosing their balconies without prior approval from the board. Multiple owners, nevertheless, enclosed their balconies without the requisite approval. The board, prompted by a letter from the city that the enclosures violated the city’s zoning ordinance, informed the owners that it would enforce the restriction and prohibit future balcony constructions. After this announcement, one unit owner, Chattel Shipping and Investment, Inc., enclosed its balcony. When the association secured a mandatory injunction requiring the removal of the balcony enclosure, the unit owner sought a reversal on the ground that the association had failed to require the dismantling of the other existing enclosures and thus was unequally and arbitrarily enforcing the restriction.

The court rejected the owner’s argument, holding that the association could adopt and implement a uniform policy under which a building restriction will be enforced only prospectively without the enforcement of the same being deemed selective and arbitrary. This allowed for the association to revive the enforcement of a restriction despite previous non-enforcement by notifying the members of the board’s intent to prospectively enforce the restrictions.

In some cases, depending on the restriction, your association may want to adopt the restriction providing for grandfather status. You should always reach out to your association attorney for correct wording and advice.

The Seven Most Important Fitness Trends for the Year. by Commercial Fitness Equipment

The Seven Most Important Fitness Trends for the Year. by Commercial Fitness Equipment

  • Posted: Mar 28, 2023
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The Seven Most Important Fitness Trends for the Year

by Commercial Fitness Equipment

Commercial Fitness Products

954-747-5128

Commercial Fitness Products, a Florida based organization, has been serving the fitness needs of our customers nationwide for over 27 years. Our primary focus is Multi-Housing & Hospitality, as such, we stay current on the latest industry trends, and are able to share ideas on how we may equip or improve any community fitness center. We provide more than just equipment…our goal is to delight your residents & guests by providing them an exceptional fitness environment.

CFP’s team of experienced professionals are eager to assist you with prompt & courteous customer service. If you have any plans to add, change or upgrade your fitness amenity, we welcome the opportunity to work hard to earn your business.

The Corona pandemic has shaken up the fitness industry. Instead of the motto “higher, faster, further”, the future will see more health orientation, holistic offers and specialization in particular clientele such as risk groups. We present the seven most important fitness trends for the year 2021.

Fitness studios in Germany are in the middle of their second shutdown in the Corona year 2020, which has complex consequences – on the one hand, many fitness center operators fear for their existence with a cumulative loss for the industry of 460 million euros per lockdown month. On the other hand, many users (forcibly) reorient themselves and discover app and video training at home.

“The uncertainty in the industry is great. Many studios will not survive if the lockdown lasts much longer,” says Ralph Scholz. The head of the German Industry Association for Fitness and Health (DIFG) hopes that the fitness studios will be able to open again in January 2021 – that’s when most new members usually sign up with the Christmas kilos on their ribs.

The pandemic will massively change the fitness economy. This makes it all the more important for all players to set the right course for the future. These are the most important fitness trends identified for the year 2021.

 

1) Gyms Have to Meet High Hygiene Standards

Many people stay in shape during the lockdown period with running, walking, fitness exercises on their own or free digital services. Of these, a proud number of 73 percent intend to maintain this alternative training in the future. Although most fitness enthusiasts want to go back to the gym in the future, they place the condition that training is not associated with the risk of corona infection.

“The survey has shown that many people are concerned about having the highest possible standard of protection. It must therefore be in the studios’ own interest to ensure exactly that,” says Ralph Scholz in the ISPO interview. So the basic condition for studio operators in 2021 is to win back the confidence of fitness fans.

Over one million of the 11.6 million members in Germany in 2019 have quit their membership so far.

 

2) Fitness: Online Apps are Gaining in Importance

In the era of closed fitness studios, most sports and fitness fans have turned to online offers. Apps such as Freeletics, which use artificial intelligence (AI) to compile individual training offers for users, are particularly popular. “The main benefits for users are access to training planning, monitoring and even motivation at a fraction of the current cost, which means that many more people can be reached than ever before,” says Simon Alger, Lead Data Scientist at Freeletics, in an interview with ISPO.

Another example of the new digital trend: With the so-called peloton bike – a spinning bike with which you can connect with spinning fans around the world via the Internet – you can do your cardio training, for example, in virtual competition with many like-minded people around the globe.

 

3) Outdoor is King

The topic of outdoor fitness is gaining in importance precisely because of Corona: intensive training in particular is much less dangerous outside than indoors because of the draught. Fitness studios should therefore move more and more equipment and activities outside. This creates more safety for the users.

 

4) More Health Orientation in Fitness Offers

The experience of a pandemic, which is unique for everyone, has brought the topic of health into focus for many people much more than before. In principle, this is good for the fitness industry. Fitness strengthens the immune system. In fact it also needs the right and safe offers to do so.

 

5) Differentiated and Target Group Oriented Training

Whether it’s in media use, buying behavior or travel: individualization is advancing in all areas of life. This also applies, of course, to the fitness wishes of the clientele. Whether Beer Yoga, fastest possible self-optimization through high intensity training or the new workout trend Glide Fit: differentiated and target group-oriented training is mandatory.

All-round fitness studios will continue to exist. Nevertheless boutique and micro studios with tailor-made offers are attracting more and more customers. In these difficult times, specialisation can also be financially attractive for fitness studios. Scholz: “The interesting thing is that the more special you are, the more money you can demand from customers.”

For corona risk groups and senior citizens, health and fitness are just as important as for the rest of the population. This makes seniors a core target group that must be wooed with special offers and training opportunities. This can range from individual training sessions or workouts in small training groups to special premises and digital offers for risk-free training at home.

 

6) Mindset: Connection of Body and Mind in Training

The trend towards topics such as yoga, mental training or Pilates already existed before Corona. But it has been intensified by the pandemic. More and more people want to combine physical training with mental relaxation.

This desire is triggered not only by job-related stress, also by the strenuous homeschooling with children or financial and health fears in connection with the pandemic. “We must therefore also strengthen the sport psychological level in our offers”, demands Ralph Scholz.

 

7) Sport and Fitness Merge

Rather go to the gym to train on workout devices or jog outside? For many fitness freaks this used to be a real question of faith. The Corona period, including the closure of the studios, has accelerated the resolution of this either/or situation. Many equipment fans move to alternative indoor and outdoor offers, apps included.

“In the perception of the end consumer, this belongs together, if only because of the many new apps and wearables. That is why it is also important to develop holistic offers. In a sense, the gym is the pilot in this process,” says Scholz.

 

reproduced by: https://www.ispo.com/en/trends/seven-most-important-fitness-trends-year-2021 sent to us by Commercial Fitness Equipment.

 

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Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.

Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.

  • Posted: Mar 24, 2023
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Networking and Education is key for Managers, Board Members in Condo and HOA’s 

Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.


APRIL 4TH, 2023 AT 8:30 A.M. AT THE
SIGNATURE GRAND – BROWARD COUNTY.


Palm Beach Condo & HOA Expo
APRIL 11TH, 2023 AT 8:30 A.M.
AT THE PALM BEACH CONVENTION CENTER.


Orlando Condo & HOA Expo
APRIL 26TH, 2023 AT 8:30 A.M.
AT THE ORLANDO CONVENTION CENTER


Tampa Bay Condo & HOA Expo
APRIL 27TH, 2023 AT 8:30 A.M.
AT THE TAMPA BAY CONVENTION CENTER.

EVENTS: BOARD MEMBERS & MANAGERS FIND COURSES ALL OVER FLORIDA.


Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate. by SRI Consultants, Inc.

Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate. by SRI Consultants, Inc.

  • Posted: Mar 24, 2023
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Tonight’s the night! Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate.

The move will mean dilapidated sea walls will have to be replaced, and new ones will be required to be at least 5 feet high to help protect against future tidal flooding.

 


SRI Consultants, Inc.

Was established to fulfill the unique needs of structures in coastal areas such as South Florida. The team’s rare combination of expertise in Civil/Structural Engineering and Corrosion Engineering makes SRI unique in providing concrete rehabilitation/protection services related to condominiums and other near-sea structures. SRI also provides Concrete Diagnostic testing (Ground Penetrating Radar, monitoring corrosion of reinforcing steel in concrete structures) to its clients or other engineering firms.

 

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What’s in your walls? Floors? Ceilings?  Do you know? by James Terry of GreenTeam | Building Services

What’s in your walls? Floors? Ceilings? Do you know? by James Terry of GreenTeam | Building Services

  • Posted: Mar 24, 2023
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What’s in your walls? Floors? Ceilings?

Do you know? Or do you think you know?

I call this lack of systems knowledge. Here’s why it’s important.

Every piece of your building is made up of systems. Each system has pathways and pipes that make that system whole. I love when people generalize the term “plumbing”, when there are really multiple facets of systems that make up the plumbing.

There are domestic water systems, storm water systems, sanitary systems, etc.

Now, with that said, are you waiting until you have a major problem with your system to
Look at it? Like a don’t ask, don’t tell type of scenario?

Problem is, these systems almost always find themselves in peculiar locations, level 5 finished walls, columns with marble on them, walls with expensive finishes etc. Like when the kitchen of the tower club is located above the law offices really fancy conference room. (More on that story later).

The design of these systems is like the veins in your body, they hide discretely under the surface of your skin, and as long as everything is running smooth, no reason to investigate or research right?

Wrong.

Each one of these systems has a life expectancy for failure, and the longer the life, the higher the risk. When you wait till the system is failed, it usually always ends up
Costing more in the end.

For this condo in Fort Lauderdale, they unfortunately deferred maintenance, waited until it was too late, and the entire system needed to be replaced, as an emergency.

Had a thorough camera work up and report been done 5 years ago, they could of budgeted for this, and been more prepared.

As the story goes, just because you can’t see it, doesn’t mean it isn’t there. Underground utilities are a part of your buildings critical infrastructure, you must prioritize it, or it will bite you in the ____.


GreenTeam Service Corporation specializes in commercial plumbing service and retrofit. Our markets served include Healthcare, Hospitality, Class A Office, Industrial, education, and institutional.. Our relentless communication, and dedication to customer service, is what keeps us ahead of the competition. Our focus is solely on service, and providing our clients with the professionalism they deserve.
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Hurricane Season is almost here! – Have you had your storm drains inspected yet?

Hurricane Season is almost here! – Have you had your storm drains inspected yet?

  • Posted: Mar 22, 2023
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Hurricane Season is almost here!
Hurricane season runs from:
June 1, 2022 through November 30, 2022
Have you had your storm drains inspected yet?
During a hurricane or tropical storm, it’s common for an area to experience several inches of rainfall and catastrophic wind over a very short timeframe. All of that excess debris and sediment from a hurricane can cause blockages in our stormwater systems, hindering them from operating properly.
Hurricanes are uncontrollable, but what we can control is taking the proper precautions and steps to make sure our stormwater systems are ready for the upcoming season!
Contact us today at 954-382-9766 or info@allstatemanagement.com to talk to one of our Stormwater Specialists!