Become a Member: JOIN SFPMA TODAY LogIn / Register: LOGIN/REGISTER
Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
Florida state legislature took swift action to implement inspection reform to mitigate the risk of a similar tragedy in the future. As of May 27th, 2022, Florida passed several laws to keep building safer in the state by requiring specific inspections and funding mechanisms. These new Florida condo laws mean significant changes for building owners across Florida, all within a relatively short time.
This is a great Video to start your education on SB-4D
https://www.youtube.com/watch?v=0QdEqUgL1CM&t=51s
What buildings does this law affect, and what does the new law say?
Structural inspections are now mandatory for condominium and cooperative buildings that are 3 stories or greater in height.
What do I have to do?
Have a Milestone Inspection performed when a building is 30 years old and every ten years after the initial inspection. If your building is within 3 miles of the coastline, a Milestone Inspection must be performed when the building is 25 years old and every ten years after the initial inspection.
What else do I need to know about this inspection?
The purpose is to verify the safety and adequacy of the structural components of the building. There are two possible phases of this Milestone Inspection. If you pass the first, you don’t need the second. If you don’t pass the first, you’re required to have the second performed, which is much more extensive.
Phase 1is a visual examination and qualitative assessment. Ideally, this will be all you have to complete.
Phase 2is a full assessment of distress to determine if the building is structurally sound and safe for its intended use. The inspector is to recommend a program for complete evaluation and repair of distressed and damaged portions of the building.
A Florida Licensed Engineer or Architect must perform both phases of this Milestone Inspection.
Find the Top rated Engineers on our State of Florida Members Directory. Members are located all over Florida, Boards, Managers, Owners, Investors can view our open directory and find these companies to start the Inspections.
When is the deadline?
If your building is over 30 years old (or 25 if you’re within 3 miles of the coast), you must complete this inspection by December 31st, 2024.
We at SFPMA recommend you know about this new Florida condo law?
Don’t wait to get started on this. If you act now, you can likely avoid a Phase 2 inspection by correcting any items that might force you into a Phase 2, before the December 31st, 2024 date. Those who wait may be forced into a more expensive Phase 2 can’t make necessary repairs in time. (*If a building is less than 3 miles from the coastline, these inspections start at year 25).
While Developers are required by Florida Statute 718 and 720 to provide the following to the Association at turnover:
Several things that can be done by the Association prior to and immediately after turnover for the benefit of the community. This information will benefit not only any forensic engineering firm in performing a Property Condition Assessment Report, but the community operations as a whole.
Finally, some recommended wish list items that can be requested from the Developer, while they may not always provide them:
A Community Association turnover is certainly an event that should be planned out on either side (Developer and Association) such that effective documentation and tangible property transfer can take place. As a final reminder, reliance upon the Association’s Counsel and management company during this period is imperative to its immediate and future success.
article sent to us from: Florida Association News Blog
Tags: Condo & HOA Turnovers, Developer Issues, Turnovers
I was recently watching an interview of a black belt in karate. In addition he was built like The Hulk. He started to say what he does when someone curses him out and even challenges him to a fight. I was certainly expecting him to describe how he turns others into rubble. On the contrary, he said that whenever he finds himself in that position, instead of fighting back, he simply walks away. To say I was originally surprised is an understatement. I mean this guy could pulverize any opponent. Instead, he chooses to just walk away.
He spelled out why. If he beats someone up he faces both criminal and civil charges. And for what? Because some dope said a few nasty words about him? Much better to just walk away from any situation that allows for it. Wow, I was impressed by this guy’s brain, not just his muscle.
It got me to thinking about my career in condominium and HOA law. How much time in my life did I spend hearing board members and unit owners verbally go at each other. How much time in my life did I spend hearing unit or homeowners argue with other unit or homeowners? It’s ridiculous.
In none of these arguments was anything accomplished whatsoever. They were all a waste of time for those arguing and everyone who unfortunately had to listen to the nonsense. I’ve seen physical fights break out and even walkers and canes fly through the air. And for what? What was accomplished? Nothing.
So, board members, unit owners, home owners and even managers, I’m talking to you. Next time someone is looking for a fight, do what the karate guy does, walk away. It will probably drive the other person crazy.
Tags: Board of Directors, Condo and HOA
Tags: Common Area Issues, Lake Management Articles, Management News, Member Services Articles
Money judgments are not an effective way for an HOA to collect delinquencies. It’s often more effective for an HOA to work with delinquent homeowners to find a resolution that is mutually beneficial. This may involve setting up a payment plan or finding alternative ways to resolve the delinquency.
Foreclosure is a legal process in which an HOA takes possession of a delinquent owner’s property. The HOA then sells it to recover the money owed. While foreclosure should be a last resort for collecting past-due assessments, pursuing a foreclosure may be a better option than seeking a money judgment. Here’s why:
The overwhelming majority of the time, owners facing foreclosure pay before a sale occurs. Foreclosure is the end of the road for the owner, and they almost always find the money to pay to stay in their homes. Starting a foreclosure does not mean the sale will occur, and from our experience, it seldom does.
Want some more reasons why foreclosure, while still a last resort, is better than a judgment?
Delinquencies are often settled when a new buyer purchases the property under “joint and several liability” doctrines. If you have eviscerated an amount of the debt and turned it into a personal obligation, it’s more difficult to collect when the property sells. The association has a judgment but must still work to collect on it even if the owner sells the property, when it could have been paid in full at the time of the sale.
During the real estate meltdown of 2008, associations foreclosed and took title to units that were underwater because everything was underwater. Then, they would refurbish and rent the units. The banks were not foreclosing, the units were underwater, and the associations had no choice if they wanted to be proactive. But times have changed, and there’s a record amount of equity in the housing market. The chances that the association will ever take title in these times of high property value and opt to rent the property are incredibly slim.
If you go after somebody with a money judgment, they will evade you until they cannot. It can take years before you get to cash in, if ever. This is not about revenge; it’s about cash flow. When an HOA goes after a delinquent owner, you can be sure that the debtor would be more motivated to pay with a foreclosure over their head than a money judgment. A foreclosure is hard to get out of, if the HOA does it right. They may be able to circumvent or have exemptions not to pay a judgment.
It’s important to note that foreclosure is a last resort for collecting assessments. Before foreclosing, the HOA should work with a specialized and licensed collections solution like Axela-Technologies. Our services include client outreach, respectful phone calls, emails, mailed letters and notices, bank notifications, credit bureau reporting, and other legal and fair methods to collect. For a no obligation collections analysis, please Click Here and let us show you “How the Future Collects.”
As repairs come up due to Florida Storms or Projects at your Properties, You need to make sure your permits are handled by a Trusted Company.
Permits will be pulled for the repairs. All work will be followed up by the engineer to assure compliance. Aruba Permit Services is licensed and insured.
Aruba Construction who has been a Certified General Contractor since 1990 and has qualified Engineers available to handle inspections of any size building.
These inspections are for the conditions of the building that include:
· Masonry Walls (concrete condition, exposed rebar, spalling)
· Floors and Roof Systems (drains, scuppers, supports for A/C)
· Steel Framing (corrosion, fireproofing)
· Concrete Framing (cracks, exposed rebar)
· Windows (general condition, seals, anchorage)
· Wood Framing (connector condition, rotting, bearing deficiencies)
· Exterior Finishes (stucco, soffit, veneer deficiencies)
· Electrical (panels, wiring, breakers)
Phone: (954) 786-7292
Email: info@aruba-services.com
Address: 1413 S. Powerline Road, Pompano Beach, FL 33069
Industry Members of SFPMA < View our membership page
Tags: Condo and HOA, Inspection Articles, Management News, Member Highlights
We can’t think of a better time than the current environment to be introducing to you our newly released Inspections and Checklists Module! Whether you want to document all of the new practices in place because of COVID-19, or to lock down your existing routines for property inspections, employee daily task lists, or monthly/yearly PM (preventative maintenance), there is a new way to do it all:
Make A Checklist Out Of It!
The new Inspections and Checklists Module will help bring consistency and excellence to your daily routines. Your property managers can build checklists of any kind and length – and your staff can document existing conditions or completed tasks conveniently in the field, using the same BuildingLink GEO mobile app they already know and use every day!
This is a very feature-rich module! Be sure to read the below ‘Q & A’ to learn more about automated inspections via the built-in scheduler, or easily creating work orders during an inspection – and lots of other useful shortcuts and features!
We’ve released the initial version of our Inspections and Checklists module to most of our buildings, and are eager to hear your feedback! Managers can access the module under the “Maintenance” section of the left-hand navigation in BuildingLink. If you’re not seeing it, and want it released for your building, email us at support@buildinglink.com, or call 212-501-7117.
You’ve got questions? We’ve got answers! |
Q: What types of checklists have buildings been creating so far?A: We are seeing lots of diversity here! For example:
Q: Is there a limit to the number of checklists, or number of items on a checklist, that can be created? A: No, there is no limit! In addition, if you want to make multiple versions of a checklist with small changes (to reflect different apartment layouts or daily/monthly/yearly routines), there is a convenient “Clone a Checklist” function that you can use and modify, to save you time! Q: What types of inputs are possible for each checklist item? A: Obviously, a checkbox is added for you, and a textbox for comments from the person conducting the inspection. Finally – and most importantly – the ability to upload one or more photos that document the condition or space being checked. Q: Is there a library of pre-built checklists that BuildingLink is making available? A: There are currently three pre-built inspections checklists that a building can use or modify. More will be added in the coming weeks! Topics of pre-built checklists: Facility Exterior, Fire Prevention Checklist, Inspection Plan. Q: Is there a “Scheduler” or “Assigner” function for inspection checklists that need to be performed on fixed intervals? A: Yes! The module allows for the scheduling of checklists recurring at fixed intervals, or by specific employees. Any scheduled checklists not assigned to a specific employee, can be completed by any staff member. Q: Can staff complete checklists “on the fly”, that have not been scheduled? A: Sure! Any existing checklist can be selected and completed by your staff at any time – even if unscheduled. Q: What if staff discovers items needing work or repair while completing an inspection? How can they flag it for further attention? A: Glad you asked! From the in-progress checklist page, your staff can effortlessly generate a maintenance request for any checklist item – which flows directly into BuildingLink’s Maintenance Request Module! It is a one-step integration that allows staff to fluidly complete their assigned inspections and checklists, while still queuing up additional work to be done. Q: How does management know when a checklist is completed (or not completed)? A: Managers are notified by email once a checklist is completed and, from their Inspections Dashboard within BuildingLink, they can review the results, export to PDF, or print! On the inspections dashboard, managers can also see scheduled inspections that are overdue. Q: I have more questions about this module. How can I learn more about it? A: Visit our help section for more information about the Inspections and Checklists Module! For more info, contact us at support@buildinglink.com, or give us a call at (212) 501-7117. |
BuildingLink is currently used in over 5,000 properties in the U.S. and worldwide, offering efficient management, seamless communication, and an enhanced living experience for residents.
BuildingLink is the gold standard for property managers looking to upgrade the experience of managing, working and living in a luxury residence, our clients can be found near and far – in New York, Boston, Miami, Dallas, and San Francisco, but also in Toronto, Melbourne, Tokyo and Singapore.
BuildingLink works like magic to save your employees time, delight your residents, and give you the insights on your building that you need to tackle issues and avoid costly mistakes. Our central dashboard lets you track, search, and monitor everything that matters:
FEBRUARY 28TH, 2023 AT 9:00 A.M. AT THE TAMPA BAY CONVENTION CENTER.
9:00 am-11:00 am 02/24/2023
Juno Beach Town Hall
340 Ocean Dr, Juno Beach, FL 33408, USA
Coffee, Registration and Networking 9:00am | Seminar begins at 9:30am
To attend at the venue: RSVP to (302)588-3104 or email junobeachforum@hotmail.com
Attend via Zoom: Click HERE
The marketplace for insurance – Why are companies leaving Florida or choosing not to insure? What is the role of Citizen’s Insurance?
What is in the recent legislation that is helpful to condo associations and HOAs? Is there more legislation looming? How does helping the insurers help owners and associations?
Which upgrades to your facilities will positively impact on an insurer’s willingness to insure your association?
Panel:
Tags: Board of Directors, Condo and HOA, Condo and HOA Law, Insurance, Management News, SFPMA Members News