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

Event: “Ask the Experts” Thursdays  Live on the first Thursday of each month, from 5:00pm to 6:00pm Eastern

Event: “Ask the Experts” Thursdays Live on the first Thursday of each month, from 5:00pm to 6:00pm Eastern

  • Posted: Mar 02, 2023
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Ask the Experts’ Thursdays

Live on the first Thursday of each month, from 5:00pm to 6:00pm Eastern

Attorney Robert Kaye answers your community association-related questions on this monthly addition.

Do you have questions about your condominium, homeowners’ or cooperative association? Get your questions answered live on-air, anytime during the show!

The new number is: 561-623-9429

Florida Condo Building Inspections (SB4d) It’s a confusing time for everyone affected, and we can all use some extra clarity.

Florida Condo Building Inspections (SB4d) It’s a confusing time for everyone affected, and we can all use some extra clarity.

  • Posted: Mar 02, 2023
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Florida Condo Building Inspections (SB4d)

It’s a confusing time for everyone affected, and we can all use some extra clarity.

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.

 

  • Under the new legislation, a licensed engineer or architect must visually evaluate condominiums older than 30 years, or 25 years if the building is within 3 miles of the shore, and every 10 years thereafter.

 

  • A secondary inspection will be required if there is evidence of significant structural damage.

 

  • The new rule also mandates that condo organizations review their reserve money every ten years to ensure that they can cover substantial repairs.

 

This is a great Video to start your education on SB-4D

https://www.youtube.com/watch?v=0QdEqUgL1CM&t=51s


Milestone Inspections

Addition of F.S. 533.889 – Milestone Inspections

 

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.


On SFPMA.COM find the top rated engineers for your SB-4D Inspections.

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). 

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Tips for a Successful Condominium or Homeowner’s Association Turnover

Tips for a Successful Condominium or Homeowner’s Association Turnover

  • Posted: Mar 02, 2023
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While Developers are required by Florida Statute 718 and 720 to provide the following to the Association at turnover:

  • Record Set for all design disciplines (architectural, structural, mechanical, electrical, plumbing, fire alarm, fire sprinkler, site civil, pool, irrigation, and landscaping)
  • Recorded Declaration with the bylaws.
  • List of names and addresses, of which the developer had knowledge at any time in the development of the Condominium Association, of all contractors, subcontractors, and suppliers utilized in the construction of the Property.
  • Project specifications
  • List of written warranties of the contractors, subcontractors, suppliers, and manufacturers still effective.
  • Copies of any certificates of occupancy that may have been issued for the Property.

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.

  1. List of Known Issues: Utilize the community management staff as well as any recent property complaints to fill out a list. This can include items such as several past failed repairs of a singular item like a large pump, cooling tower, or generator. Water intrusion or flooding events from within units and also from exterior to units are extremely valuable to track. Photographs, videos, and handwritten notes are invaluable.
    This list can also be provided to the Developer prior to turnover in hopes of them correcting them. If that is the case, it is still important to retain copies of the repair procedure with photographs for the Association’s records. If repairs don’t occur, it is still valuable that now the Developer is aware of the conditions from a historical aspect.
  2. Repair Invoices: Going hand in hand with the above, repair invoices for items that may appear to be in excess of typical maintenance should be retained, organized, and eventually provided to the forensic engineering firm after turnover. Think of this as the community’s medical history record. If a large-scale component has failed and needs to be replaced, see if that failed item can be stored by the Association for potential future engineering analysis, if necessary.
  3. Record Set of Digital Construction Plans: There are multiple different plan sets during any development, starting from a bid set. Each set will get more and more accurate, until the record set, which is stored on record with the Municipality upon project completion. The record set is intended to truly reflect the in-field, built condition. If an Association is only operating with a construction set, there is no guarantee that, for example, certain shut-off valves or electrical panels will be in the depicted locations, which can add to a headache in an emergency. It is strongly recommended to have the digital version of the record plan set, ideally cloud-based, so it can be effectively accessed by the management team and supporting vendors whenever needed.

Finally, some recommended wish list items that can be requested from the Developer, while they may not always provide them:

  • Post Tensioning Shop Drawings
  • Glazing Shop Drawings
  • Railings Shop Drawings
  • Pool Shop Drawings

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

 

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JUST WALK AWAY  – By Eric Glazer, Esq.

JUST WALK AWAY – By Eric Glazer, Esq.

JUST WALK AWAY

By Eric Glazer, Esq.

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.

 

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AQUATIC PEST CONTROL- Allstate Resource Management offers full service larvicide spraying and/or briquette treatments

AQUATIC PEST CONTROL- Allstate Resource Management offers full service larvicide spraying and/or briquette treatments

  • Posted: Mar 01, 2023
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AQUATIC PEST CONTROL

Allstate Resource Management offers full service larvicide spraying and/or briquette treatments to attack the insect’s breeding ground.
GOT MOSQUITO OR MIDGE ISSUES?
We can also stock lakes and ponds with mosquitofish which is a long term biological control method that is also environmentally sensitive. There is nothing like mosquito bites to take the fun out of water related activities.
There are many weapons in the war against these types of pests!
Call us today for a free quote!
954-382-9766
info@allstatemanagement.com

 

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Why Money Judgments Don’t Work for Assessment – by Mitch Drimmer

Why Money Judgments Don’t Work for Assessment – by Mitch Drimmer

  • Posted: Feb 27, 2023
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Why Money Judgments Don’t Work for Assessment

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:

  1. Why get a judgment on a secured debt? The property is the collateral. Why get a money judgment and then go to court again to get a writ to collect?
  1. Recovery: Ever try to garnish wages or repossess assets to collect on a judgment? It’s not easy. People can, and often do, evade efforts to collect. You already have the best collateral for the debt – the property itself.
  2. Difficulty in enforcing judgments: Obtaining a judgment is only the first step in the collection process. The HOA must then take steps to enforce the judgment, which can be time-consuming and costly. This may involve garnishing wages, levying bank accounts, or seizing assets. When it comes to collecting you are on your own.
  3. Limited recovery: Even if a judgment is obtained, there’s no guarantee that the delinquent homeowner will be able to pay the amount owed. If the homeowner is unable to pay, the HOA may not be able to recover the full amount of the judgment.  The money spent to get the judgment was wasted. Negative impact on community: Pursuing a judgment against a delinquent homeowner may create tension and conflict within the community. This can be more difficult in a small community where residents may have close personal relationships. If the community has an ongoing wage garnishment on a resident, the animosity may drag on for years.

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?

  1. Stronger legal remedy: A foreclosure is a stronger legal remedy than a money judgment because it allows the HOA to take possession of the property and sell it to recover the unpaid assessments. A money judgment is a court order requiring the homeowner to pay the amount owed, but the HOA must still take extra steps to enforce the judgment and collect the funds.
  2. Quicker resolution: Foreclosure can be a quicker process than seeking a money judgment. It’s unusual for the foreclosure process to take more than a year, and in some states, that time is less than half. In contrast, obtaining a money judgment can be a lengthy process that may involve multiple court hearings and appeals.
  3. Higher recovery rate: Foreclosure is better for the HOA because the sale of the property can often cover the unpaid assessments, legal fees, and other costs associated with the foreclosure process. With a money judgment, the HOA may not be able to recover the full amount owed, and this is guaranteed if the homeowner is unable to pay.
  4. It’s a deterrent: Foreclosure may deter others in the community from defaulting on their assessments. This can help to keep the HOA financially stable and protect the value of the community.

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.”

 

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Aruba Permit Services helping you with Building Permits and Code Violations at your Buildings.

Aruba Permit Services helping you with Building Permits and Code Violations at your Buildings.

  • Posted: Feb 27, 2023
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Aruba Permit Services helping you with Building Permits and Code Violations at your Buildings.

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

 

 

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New Module: Inspections and Checklists by BuildingLink

New Module: Inspections and Checklists by BuildingLink

  • Posted: Feb 27, 2023
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New Module: Inspections and Checklists

by BuildingLink

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:

  • Daily/weekly/monthly task lists
  • Lobby, common areas, and grounds walk-throughs
  • Move-in/move-out, in-unit inspections
  • Mechanical room and rooftop inspections and PM
  • Start-of-shift checklists
  • Amenities opening checklists (i.e. fitness center, pool)

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

407-529-6063

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.

 

Streamline maintenance and operations.

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:

  • Service tickets
  • Inventory levels
  • Employee performance
  • Legal documents
  • The latest shift
  • Your resident’s preferences and requests.
  • And even more management tools!

 

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Complete Parking Lot Maintenance, Care, Repair and restoration. 3-D Paving is South Florida’s top parking lot services contractor.

Complete Parking Lot Maintenance, Care, Repair and restoration. 3-D Paving is South Florida’s top parking lot services contractor.

  • Posted: Feb 27, 2023
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Complete Parking Lot Maintenance, Care, Repair and restoration. 3-D Paving is South Florida’s top parking lot services contractor.

No matter how big your commercial job, 3-D Paving & Sealcoating in Coral Springs, FL has you covered.
Want us to take a look at your parking lot project? Get a FREE quote and consultation today.
Call toll free 1-855-735-ROAD (7623)

Visit us –> https://linktr.ee/3dpaving


Expertise in Commercial Asphalt Paving Services from 3-D Paving in Coral Springs, FL

Voted 2022s best & most trusted commercial asphalt paving contractor in Broward County, Lee County, Charlotte County, Martin County, St. Lucie County and Palm Beach County. We offer a myriad of Asphalt and Concrete Paving Services, Sealcoating and Concrete Construction Services like sidewalks, paths, ramps, slabs, curbs, gutters and so much more. New building project? Let our skilled site development team assist you in all of your project’s needs. Need ADA compliance help? Our expert team can assist you in every step of the process. Contact us today!

 

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GET BOARD CERTIFIED AT THE “CONDO AND HOA EXPO” IN TAMPA FEB 28, 2023 * LUNCH IS PROVIDED FOR FREE!

GET BOARD CERTIFIED AT THE “CONDO AND HOA EXPO” IN TAMPA FEB 28, 2023 * LUNCH IS PROVIDED FOR FREE!

  • Posted: Feb 27, 2023
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GET BOARD CERTIFIED AT THE CONDO AND HOA EXPO IN TAMPA

LUNCH IS PROVIDED FOR FREE!

FEBRUARY 28TH, 2023 AT 9:00 A.M. AT THE TAMPA BAY CONVENTION CENTER.

REGISTER NOW if you did not already

COME MEET OVER A HUNDRED CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA EDUCATIONAL CLASSES ALL DAY LONG
WE HAVE CERTIFIED OVER 20,000 FLORIDIANS ALL ACROSS THE STATE.
LEARN ALL ABOUT THE NEW CONDO LAWS REGARDING SAFETY, CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, BUDGETS, RESERVES, EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS AND MUCH MUCH MORE.
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ZOOM: All About Insurance | Juno Beach Town Hall w/Jeffrey A. Rembaum, Esq, BCS (Kaye Bender Rembaum)

ZOOM: All About Insurance | Juno Beach Town Hall w/Jeffrey A. Rembaum, Esq, BCS (Kaye Bender Rembaum)

  • Posted: Feb 24, 2023
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All About Insurance | Juno Beach Town Hall

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:

  • Jeffrey A. Rembaum, Esq, BCS (Kaye Bender Rembaum)
  • Chris Banker, President (Patriot Insurance)
  • Steven Mock, Risk Manager (Brown and Brown Insurance)

 

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