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3 Strategies to Keep Winter’s Wrath From Damaging Your Floors, Get ahead of any seasonal flooring concerns with a few key steps

3 Strategies to Keep Winter’s Wrath From Damaging Your Floors, Get ahead of any seasonal flooring concerns with a few key steps

3 Strategies to Keep Winter’s Wrath From Damaging Your Floors

Get ahead of any seasonal flooring concerns with a few key steps

Cold weather and all that comes with it is notoriously tough on floors. Carpet and hard floors alike bear the brunt of tracked-in moisture, debris, and ice-melting chemicals and compounds.

The exact cost of ignoring this problem is hard to pinpoint, but it tends to be higher than most facility managers expect. When the outdoors comes indoors, it can set the stage for severe issues.

Take slick spots, for instance. When some deicers mix with cleaning solutions on smooth floors, they can create occupant slip-and-fall risks. Even if they don’t leave an oily and dangerous residue, deicers like calcium chloride and magnesium chloride can damage and dull anything from polished terrazzo to shiny concrete. And nothing wears down textile fibers faster than a constant barrage of everything from ice melt to sleet-coated soil.

Is there a workaround to this winter beating? Absolutely. It just comes down to old-fashioned preparation. And this year, planning for cold weather’s wrath on interior flooring has been more important than ever.

The winter of 2021-2022 has been uniquely challenging for facility managers because the supply chain has been disrupted to such an extent that it might be difficult  to get on-demand cleaning products, replacement assets, and other manufactured materials. What used to take three weeks to receive could now take three months—or longer. Plus, people don’t occupy buildings the same way they once did. Remote and hybrid working arrangements have changed the face of work and the flow of people in and out of spaces.

Knowing all these factors, facility managers can make sure they get ahead of any seasonal flooring concerns with a few key steps:

1. Map out foot traffic expectations.

As supplies might be harder to come by this winter amid supply chain and other disruptions, facility managers will want to be careful about where they allocate resources. Updating foot traffic maps is a great place to start.

Foot traffic maps from past years might now be irrelevant with today’s remote or hybrid working arrangements. This year, facility managers will want to talk with everyone from building occupants to vendors to determine which areas will be used most and when.

This type of diligence is more necessary than it might seem at first. Pre-pandemic, employees might have used conference rooms daily. Now that everyone’s gathering on Zoom, however, the same rooms might sit largely vacant. On the other hand, the extra kitchen that few people used once upon a time might be used daily now that everyone’s trying to maintain social distancing.

Some devices can help measure the density of people in any given space to give facility managers accurate, data-driven insights about where moisture and debris are coming into their buildings. Facility managers should also seek input from building occupants to get the full scope of traffic expectations. With this information in hand, facility managers can coordinate with their teams and building service contractors to set up effective and convenient cleaning rhythms.

2. Install entryway systems at active doorways.

Any building entrance people use regularly should have about 20 feet of walk-off matting and runners in a properly designed entryway system. This will prevent people from tracking in mud, particulates, and moisture.

The proper design for an entryway system includes three zones: the first should scrape shoes to remove dirt and soil, the second should scrape and absorb to remove wetness and any leftover particles, and the last should absorb to take care of any remaining moisture.

But even the most strategically placed entryway systems will fail to be effective for long if facility managers don’t prioritize maintaining them. After catching so much soil and moisture, mats and runners become saturated and can’t hold onto any more debris. Daily vacuuming will prevent saturation to maintain efficiency.

3. Learn about the chemistry behind deicer products.

Ice melt and rock salt work well to keep parking lots and sidewalks from freezing, but they aren’t friends of flooring. Potassium chloride, magnesium chloride, and calcium chloride all affect both carpeted and hard-surface floors. For example, floors coated with polyurethane finishes may take on slippery oily sheens or stains when exposed to ice melt for long periods. Even if the ice melt dries, it can leave a film that attracts dirt.

Facility managers might not have a say in what type of deicer is used outside, but they can test how chemicals in different products react to their buildings’ floor surfaces. Testing in inconspicuous places during lower traffic times can give facility managers a better understanding of how to keep floors consistently clean and safe through the winter.

Snow, sleet, ice, and chemicals can cause serious and even dangerous issues. But these problems are avoidable with the proper level of foresight. Facility managers should always plan ahead to protect their floors and their building occupants through the winter.

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3-D Paving & Sealcoating is the first choice for South Florida Property Managers, Community Managers and Commercial Property Management Firms.

3-D Paving & Sealcoating is the first choice for South Florida Property Managers, Community Managers and Commercial Property Management Firms.

  • Posted: Dec 27, 2022
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3-D Paving and Sealcoating

3-D Paving & Sealcoating is the first choice for South Florida Property Managers, Community Managers and Commercial Property Management Firms. We are a one-stop for total pavement care.
No matter what your pavement problems may be, 3-D Paving has the solutions.
Call us toll free –> 1-855-735-ROAD (7623)
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New Florida laws take effect in January, including from recent special session / SFPMA

New Florida laws take effect in January, including from recent special session / SFPMA

New Florida laws take effect in January.

TALLAHASSEE, Fla. (WFLA) — The new year means a few new Florida laws will go into effect, after passage during the 2022 legislative session, as well as the bills passed in December’s special session.

Eight new laws go into effect on Jan. 1, 2023. Among the various bills’ effects, Floridians can expect changes to newborn healthcare, public notices, and ways to file taxes in 2023.

Arguably the least controversial is a bill that requires newborns to be tested for congenital cytomegalovirus within three weeks of birth. CMV is the most common infectious cause of birth defects in the United States.

The virus affects one in every 200 babies each year. Senate Bill 292, passed with widespread support in the March 2022 legislative session, aims to catch long term health problems that cmv causes like hearing and vision loss.

Also taking effect in January is a bill allowing local government agencies the option to publish legal notices on a publicly accessible website instead of in a print newspaper.

House Bill 7049 also takes effect Jan. 1, 2023, but hasn’t seen the uniform support that the newborn screening bill did. Lawmakers weighed in on the impacts.

“This is the most available legal notices will be for people in the history of Florida,” Sen. Jason Brodeur (R-Lake Mary).

However, former Sen. Gary Farmer (D-Broward), the former Senate minority leader, argued against the bill.

“The bottom line is the underlying intent of bills like this throughout the country are to weaken news outlets and close the vice grip of corporate control over the news,” Farmer said.

Another piece of legislation, Senate Bill 2514 allows more taxpayers to file taxes electronically by authorizing the Florida Department of Revenue to lower the payment threshold from $20,000 to $5,000.

Those were just a few of the laws going into effect next year. Also starting in January are the bills passed during the December special session of the legislature focused on property insurancetoll relief, and Hurricane disaster recovery.


2022 Laws Already in Effect:

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  • HJR 1: Additional Homestead Property Tax Exemption for Specified Critical Public Service Workforce
  • SB 58: Relief of Yeilyn Quiroz Otero by Miami-Dade County
  • SB 70: Relief of Donna Catalano by the Department of Agriculture and Consumer Services
  • SB 74: Relief of Harry Augustin Shumow/Public Health Trust of Miami-Dade County, d/b/a Jackson Memorial Hospital
  • SB 80: Relief of Christeia Jones/Department of Highway Safety and Motor Vehicles
  • SB 96: Emergency Preparedness and Response Fund
  • SB 98: Emergency Preparedness and Response Fund
  • SB 156: Loss Run Statements
  • HB 159: Pub. Rec./Lottery Winners
  • SB 282: Mental Health and Substance Use Disorders
  • SB 288: Electronic Dissemination of Commercial Recordings and Audiovisual Works
  • SB 350: Procedures for Petitions for Utility Rate Relief
  • HB 395: “Victims of Communism Day”
  • HB 397: Court Fiscal Administration
  • SB 364: Specialty License Plates
  • SB 430: Interstate Compact on Educational Opportunity for Military Children
  • SB 434: Florida Tourism Marketing
  • SB 438: United States Space Force
  • HB 455: Rupert J Smith Law Library, St. Lucie County
  • HB 457: St. Lucie County
  • HB 461: Florida Bright Futures Scholarship Program Student Service Requirements
  • HB 471: Town of Lake Clarke Shores, Palm Beach County
  • SB 494: Fish and Wildlife Conservation Commission
  • HB 513: Comprehensive Review Study of the Central and Southern Florida Project
  • SB 514: Substitution of Work Experience for Postsecondary Educational Requirements
  • SB 518: Private Property Rights to Prune, Trim, and Remove Trees
  • SB 520: Public Records and Public Meetings
  • SB 524: Election Administration
  • SB 534: Prescription Drugs Used in the Treatment of Schizophrenia for Medicaid Recipients
  • HB 535: Barefoot Bay Recreation District, Brevard County
  • HB 539: Nursing Home Financial Reporting
  • SB 542: Evidentiary Standards for Actions Arising During an Emergency
  • HB 543: Uterine Fibroid Research and Education
  • SB 544: Drug-related Overdose Prevention
  • SB 566: Mental Health Professional Licensure
  • SB 638: Early Childhood Music Education Incentive Pilot Program
  • SB 704: Substance Abuse Service Providers
  • HB 749: Fraud Prevention
  • SB 846: Florida Statutes
  • SB 848: Florida Statutes
  • SB 850: Florida Statutes
  • SB 852: Florida Statutes
  • HB 873: Pub. Rec./Execution Information
  • HB 893: Child Welfare Placements
  • HB 895: Lakewood Ranch Stewardship District, Manatee and Sarasota Counties
  • HB 925: Benchmark Replacements for London Interbank Offered Rate
  • SB 926: Licensure Examinations for Dental Practitioners
  • HB 927: Downtown Crystal River Entertainment District, Citrus County
  • HB 929: City of West Palm Beach, Palm Beach County
  • SB 934: Public Records/Homelessness Counts and Information Systems
  • SB 962: Residential Development Projects for Affordable Housing
  • SB 968: Individual Retirement Accounts
  • SB 988: In-person Visitation
  • HB 993: Sebring Airport Authority, Highlands County
  • HB 1045: West Villages Improvement District, Sarasota County
  • SB 1046: Public Records/Law Enforcement Geolocation Information
  • HB 1047: Cedar Hammock Fire Control District, Manatee County
  • SB 1048: Student Assessments
  • HB 1057: Evidence of Vendor Financial Stability
  • SB 1058: Property Insurer Reimbursements
  • SB 1062: Service of Process
  • SB 1078: Soil and Water Conservation Districts
  • HB 1103: North River Ranch Improvement Stewardship District, Manatee County
  • HB 1105: Lake County Water District, Lake County
  • HB 1107: City of Inverness, Citrus County
  • HB 1135: Santa Rosa County
  • HB 1189: Firefighters’ Relief and Pension Fund of the City of Pensacola, Escambia County
  • SB 1222: Acute and Post-acute Hospital Care at Home
  • HB 1231: East Lake Tarpon Community, Pinellas County
  • SB 1239: Nursing Homes
  • SB 1380: Real Property Rights
  • HB 1423: City of Edgewood, Orange County
  • HB 1427: Hillsborough County Aviation Authority
  • HB 1429: City of Ocala, Marion County
  • HB 1431: City of Apopka, Orange County
  • HB 1433: Orange County
  • HB 1435: Code and Traffic Enforcement
  • HB 1475: Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances
  • HB 1495: Immokalee Water and Sewer District, Collier County
  • HB 1497: City of Jacksonville, Duval County
  • HB 1499: City of Key West, Monroe County
  • HB 1563: Homestead Property Tax Exemptions for Classroom Teachers, Law Enforcement Officers, Firefighters, Emergency Medical Technicians, Paramedics, Child Welfare Professionals, and Servicemembers
  • HB 1581: Jackson County Sheriff’s Office
  • HB 1583: Emerald Coast Utilities Authority, Escambia County
  • HB 1591: Hernando County
  • SB 1614: Public Records/Motor Vehicle Crashes/Traffic Citations
  • SB 1658: Executive Appointments
  • SB 1808: Immigration Enforcement
  • SB 2516: Office of the Judges of Compensation Claims
  • HB 6513: Relief/Kareem Hawari/Osceola County School Board
  • SB 7014: Civil Liability for Damages Relating to COVID-19
  • HB 7027: The Judicial Branch

Taking Effect in July:

  • HB 3: Law Enforcement
  • HB 5: Reducing Fetal and Infant Mortality
  • HB 7: Individual Freedom
  • HB 31: Firefighter Inquiries and Investigations
  • HB 45: Educational Opportunities for Disabled Veterans
  • HB 105: Regulation of Smoking By Counties and Municipalities
  • SB 144: Identification Cards
  • SB 160: Transportation-related Facility Designations
  • HB 173: Care of Students with Epilepsy or Seizure Disorders
  • HB 195: Juvenile Diversion Program Expunction
  • SB 196: Florida Housing Finance Corporation
  • HB 197: Pub. Rec./Nonjudicial Arrest Record of a Minor
  • SB 222: Swimming Pool Specialty Contracting Services
  • SB 224: Regulation of Smoking in Public Places
  • HB 225: Charter School Charters
  • SB 226: Care for Retired Police Dogs
  • SB 235: Restraint of Students with Disabilities in Public Schools
  • SB 236: Children with Developmental Delays
  • SB 254: Religious Institutions
  • HB 255: Private Instructional Personnel Providing Applied Behavior Analysis Services
  • SB 266: Motor Vehicle Insurance
  • SB 282: Mental Health and Substance Use Disorders
  • SB 288: Electronic Dissemination of Commercial Recordings and Audiovisual Works
  • SB 312: Telehealth
  • SB 350: Procedures for Petitions for Utility Rate Relief
  • SB 352: Construction Liens
  • HB 357: Pharmacies and Pharmacy Benefit Managers
  • HB 375: Structural Engineering Recognition Program for Professional Engineers
  • HB 381: Breach of Bond Costs
  • HB 397: Court Fiscal Administration
  • SB 418: Assistive Technology Advisory Council
  • HB 423: Building Regulation
  • SB 442: Powers of Land Authorities
  • HB 453: Officer and Firefighter Physical Examination Requirements and Records
  • SB 454: Florida Commission on Offender Review
  • HB 469: Patient Care in Health Care Facilities
  • SB 474: Recreational Off-highway Vehicles
  • HB 481: Temporary Underground Power Panels
  • HB 459: Step-therapy Protocols
  • HB 469: Patient Care in Health Care Facilities
  • SB 514: Substitution of Work Experience for Postsecondary Education Requirements
  • SB 518: Private Property Rights to Prune, Trim, and Remove Trees
  • SB 534: Prescription Drugs Used in the Treatment of Schizophrenia for Medicaid Recipients
  • HB 539: Nursing Home Financial Reporting
  • SB 542 Evidentiary Standards for Actions Arising During an Emergency
  • HB 543: Uterine Fibroid Research and Education
  • SB 544: Drug-related Overdose Prevention
  • SB 562: Military Occupational Licensure
  • HB 593: Telecommunicator Cardiopulmonary Resuscitation
  • SB 596: Criminal Conflict and Civil Regional Counsels
  • SB 598: Public Records/Criminal Conflict and Civil Regional Counsel Office
  • SB 606: Boating Safety
  • HB 615: Human Trafficking
  • HB 631: Airport Funding
  • SB 632: Occupational Therapy
  • SB 634: Judicial Notice
  • HB 689: Workers’ Compensation Benefits for Posttraumatic Stress Disorder
  • SB 706: School Concurrency
  • SB 722: Education for Student Inmates
  • SB 752: Probationary or Supervision Services for Misdemeanor Offenders
  • SB 758: Education
  • SB 768: Department of Health
  • SB 806: Alzheimer’s Disease and Related Forms of Dementia Education and Public Awareness
  • HB 817: Emergency Medical Care and Treatment to Minors Without Parental Consent
  • HB 837: Hurricane Loss Mitigation Program
  • SB 838: Fire Investigators
  • SB 854: Florida Statutes
  • HB 855: Managed Care Plan Performance
  • SB 856: Private Provider Inspections of Onsite Sewage Treatment and Disposal Systems
  • SB 882: Inventories of Critical Wetlands
  • SB 896: Educator Certification Pathways for Veterans
  • SB 898: Lodging Standards
  • HB 899: Mental Health of Students
  • HB 909: Pollution Control Standards and Liability
  • SB 914: Department of Highway Safety and Motor Vehicles
  • HB 915: Commercial Motor Vehicle Registration
  • HB 921: Campaign Financing
  • HB 959: Department of Financial Services
  • HB 963: Funding for Sheriffs
  • HB 965: Environmental Management
  • HB 967: Golf Course Best Management Practices Certification
  • SB 1000: Nutrient Application Rates
  • SB 1006: State Symbols
  • SB 1012: Victims of Crimes
  • HB 1023: Insolvent Insurers
  • SB 1038: Florida Seaport Transportation and economic Development Council
  • SB 1048: Student Assessments
  • SB 1054: Financial Literacy Instruction in Public Schools
  • HB 1097: Florida Citrus
  • HB 1099: Living Organ Donors in Insurance Policies
  • SB 1110: Grease Waste Removal and Disposal
  • HB 1119: Grandparent Visitation Rights
  • SB 1140: Alarm Systems
  • SB 1186: Agritourism
  • SB 1190: Two-way Radio Communication Enhancement Systems
  • HB 1209: Administration of Vaccines
  • SB 1222: Acute and Post-acute Hospital Care at Home
  • SB 1236: County and Municipal Detention Facilities
  • SB 1244: Statutes of Limitation for Offenses Relating to Sexual Performance by a Child
  • SB 1246: County and Municipal Detention Facilities
  • HB 1249: Treatment of Defendants Adjudicated Incompetent to Stand Trial
  • SB 1262: Mental Health and Substance Abuse
  • SB 1304: Public Records/Trust Proceedings
  • HB 1349: Guardianship Data Transparency
  • SB 1360: Governor’s Medal of Freedom
  • SB 1368: Trusts
  • SB 1374: Clinical Laboratory Testing
  • HB 1411: Floating Solar Facilities
  • HB 1421: School Safety
  • SB 1432: Vessel Anchoring
  • HB 1445: OGSR/Dependent Eligibility Information/DMS, contingent upon SB 7026
  • HB 1467: K-12 Education
  • HB 1469: Transportation Facility Designations
  • SB 1474: Online Training for Private Security Officers
  • SB 1502: Estates and Trusts
  • SB 1526: Public Records/Annuity Contract Payees
  • SB 1552: Direct-support Organization for the Florida Prepaid College Board
  • HB 1557: Parental Rights in Education
  • HB 1577: Homeless Youth
  • SB 1680: Financial Institutions
  • SB 1712: Veteran Suicide Prevention Training Pilot Program
  • SB 1764: Municipal Solid Waste-to-Energy Program
  • SB 1770: Donor Human Milk Bank Services
  • SB 1844: Mental Health and Substance Abuse
  • SB 1950: Statewide Medicaid Managed Care Program
  • SB 2510: Florida Gaming Control Commission
  • SB 2518: Information Technology
  • SB 2524: Education
  • SB 2526: Health
  • SB 2530: Motor Vehicle Title Fees
  • HB 5001: General Appropriations Act
  • HB 5003: Implementing the 2022-2023 General Appropriations Act
  • HB 5005: Collective Bargaining
  • HB 5007: State-administered Retirement Systems
  • HB 5009: State Group Insurance Program
  • HB 5301: Capitol Complex
  • SB 7026: OGSR/Dependent Eligibility Verification Services
  • HB 7029: Time Limitations for Preadjudicatory Juvenile Detention Care
  • SB 7034: Child Welfare
  • SB 7036: Lifeline Telecommunications Service
  • SB 7044: Postsecondary Education
  • HB 7053: Statewide Flooding and Sea Level Rise Resilience
  • HB 7055: Cybersecurity
  • HB 7057: Pub. Rec. and Meetings/Cybersecurity, contingent upon HB 7055
  • HB 7065: Child Welfare
  • HB 7071: Taxation

Laws Taking Effect in 2023

  • HB 273: Money Services Businesses, takes effect Jan. 1, 2023
  • SB 292: Newborn Screenings, takes effect Jan. 1, 2023
  • SB 336: Uniform Commercial Code, takes effect Jan. 1, 2023
  • SB 754: Mobile Home Registration Periods, takes effect Sept. 1, 2023
  • HB 7049: Legal Notices, takes effect Jan. 1, 2023

 

Speed Up Your Holiday Package Intake by 80% with ImageR by Richard Worth Building Link

Speed Up Your Holiday Package Intake by 80% with ImageR by Richard Worth Building Link

 

 

 

 

 

 

 

Speed Up Your Holiday Package Intake by 80% with ImageR

Twinkling lights, snowy nights, and trees adorned with festive ornaments and ribbons of yellow and gold. It’s beginning to look a lot like Christmas, which means only one thing for your front office staff: the holiday package invasion is here! Logging packages can take a long time. With all of Santa’s deliveries piling up, this can distract your team from providing your residents with the service they deserve.

When you’re ready to speed things up, ImageR is here to help. Our revolutionary smartphone-based and AI-powered package scanning function reduces the average time to enter packages from nearly one minute to less than eight seconds. With ImageR, your team will fly through delivery processing like Rudolph the night before Christmas. More than 3,600 properties worldwide are now processing about 800,000 packages a month with ImageR, and it can help make your front office operations far more efficient year-round as well.

How ImageR Works

Utilizing Image Recognition, AI, and Optical Character Recognition (OCR), ImageR turns any smartphone into a package processing powerhouse. Paired with BuildingLink’s GEO app (our iOS and Android app for management), any phone with a working camera can read labels, scan barcodes, and match resident names to packages. Beyond reading package information, it:

  • Determines the correct recipient
  • Matches the name in your building’s database
  • Confirms the unit number
  • Captures the correct event type (including the name of the delivery company)
  • Notifies the resident that the package has arrived

Meanwhile, residents can set their package notification preferences in their BuildingLink profiles and staff can send automated reminders when deliveries have been left an amount of time that you can customize. Our platform allows you to offer contactless pickup as well, a safe alternative to residents having to sign for packages.

How ImageR Helps Front Desk Teams Succeed

ImageR reduces the time to process packages by 80%, but its benefits go far beyond efficiency. Given its ease of use and direct integration into the BuildingLink database, ImageR lessens the likelihood of manual errors and missing packages. It can also be used anywhere, meaning your team no longer needs to be tied to a computer when they’re processing packages. With its automatic delivery notifications, your residents won’t have to wonder if their package has arrived.

ImageR Users Guide

If you already have the BuildingLink GEO app, you can access ImageR from the home screen. Tap the ImageR icon and your camera will open within the app, then point it at the shipping label and wait for the two-tone beep that plays only when you’ve logged the package successfully. Press save and you’ll be well on your way to processing the next delivery.

Read more and watch our video 

 

Sincerely,

Richard Worth

Regional Sales Director – Florida

407-529-6063

Richard@BuildingLink.com

Condo and HOA Lien Foreclosures…A National Shame by Mitch Drimmer / Axela Technologies

Condo and HOA Lien Foreclosures…A National Shame by Mitch Drimmer / Axela Technologies

  • Posted: Dec 18, 2022
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How many times have you read a story about an HOA foreclosing on some unfortunate family for a fraction of the value of the home? For example, the veteran who, upon returning from active duty, finds that his HOA has foreclosed and taken title to his house for a mere pittance? “Soldier in Iraq Loses Home Over $800 Debt” reads the story, and life goes on at the HOA.

Should the HOA have foreclosed on this person’s house? Why did they foreclose on this property? What could have been done to prevent this gross injustice from happening in the first place? Condo and HOA lien foreclosures should not be the first go-to solution when a unit becomes delinquent.

For too long, community associations have been a national disgrace, rather than a source of national pride. No HOA wants their name to be mentioned on the nightly news because we all know it is far more likely to be an exposé than a feel-good piece. But if we want the bad press to stop, we need to take a good, hard look in the mirror.

 

Communities Often Jump Straight to the Nuclear Option of Lien Foreclosure. Can They Do That?

When you buy a house or condo in a community association, most likely you’ve taken out a mortgage, and if you don’t pay your mortgage, the lender has the right to foreclose and force a public sale of the property. So too can condominiums and homeowner’s associations foreclose on your property for non-payment of maintenance fees.

In fact, per most state laws, your homeowner’s association or condominium association can potentially foreclose on your property even if you are current with your mortgage. Also, your mortgage will remain in first position and the HOA cannot sell the property with marketable title unless the first position lien has been satisfied.

All that is required is for the association to cause an attorney to file a lien, have the attorney send a notice of foreclosure, have your day in court, and before you know it you are being evicted from your home that may have equity in it because you were delinquent for a much smaller amount than what the property is worth. Not a good deal for you and certainly not a smart business move for the association.

It’s not to say that the community is in the wrong. The assessment fees are rightfully owed to the association, and they have the right to attempt to collect it. However, jumping to the nuclear option prior to attempting diplomacy (negotiating with the owner to satisfy the debt) never goes well for anyone.

 

Winrose vs Hale ‘Shocked the Conscience’ of the Court

In an appeals court decision in Supreme Court South Carolina, the association foreclosure was REVERSED and REMANDED. In the case of WINROSE HOA v. DEVERY HALE the court was shocked by this action and even stated so in their decision: “As a result, in determining whether the purchase price was grossly inadequate …. the bid shocks the conscience of the court.” The story is quite simple and may sound familiar to you as this happens every day and really should not.

The Hales were solid citizens who purchased their home twenty-one years ago for $104,250.00 and paid their mortgage and fees on time. The home is valued at $128,000.00 and the property has $60,000.00 of equity in it. After missing a $250.00 maintenance fee payment the HOA foreclosed on their $566.41 lien (to satisfy delinquent assessments and interest) and the winning bid on the house was $3,036.00. The Hales had been robbed, and the association had acted too rashly in moving to foreclose upon a house for such a pittance. The buyer was Regime Solutions, LLC who are investors that seek out and purchase properties at foreclosures.

Due to the Hales failure to file a responsive pleading to the foreclosure complaint, a huge mistake on their part, they were ultimately defaulted and were not served with any further court papers. In fact, they did not even receive a copy of the judgment of foreclosure. When they found out they were at risk of losing their property, they tried to make good to redeem their house and paid a bill to the master and in fact, the law firm representing the HOA sent the Hales a notice that the lien had been satisfied. The HOA, however, did not withdraw its suit.

Three months after, the HOA filed the affidavit of default and the master authorized a judicial sale of the property at public auction. The Hales were not notified of this order due to a rule in South Carolina, which essentially states the time to appeal doesn’t change, despite lack of notice (rule 77(d), SCRCP). Two weeks later without notice to the Hales, the property was sold and the new owner moved to evict them. This of course led to court complaints, a trial, and finally an appeal before the Supreme Court who reversed and remanded the foreclosure order saying that the sale at auction for $3,036.00 “shocked the conscience of the court,” which is quite strong language from the Supreme Court.

 

Investors Use Shady Business Practices To Take Advantage of Unsuspecting Homeowners through HOA foreclosures

It came to light that Regime’s business model was not to assume the senior mortgage to own the property but to give back the property to the original owners at a hefty fee. (Sadly, this is not an uncommon practice.)

The court decision went on to say: “While the HOA had the legal right to pursue collection of the debt owed, including foreclosure of the Property to satisfy that debt, this foreclosure action quickly morphed into a proxy to capitalize on a small debt. We are especially troubled by Regime’s participation in a foreclosure proceeding to accommodate its business model of leveraging a nominal debt to secure an exorbitant return from homeowners who fear the prospect of eviction.”

Most important the court stated: “Regime would not have had an opportunity to engage in its questionable business practices had the HOA and its attorney not chosen to pursue foreclosure in the first place. The Hales were minimally in arrears on their HOA dues, yet the HOA foreclosed on a $128,000 home in its eagerness to collect the outstanding $250—an overdue amount less than 0.2% of the fair market value of the home, notwithstanding the amount of the outstanding mortgage.”

Finally, the court opined: “A foreclosure proceeding is a last resort, not a business model to be swiftly invoked for the purpose of exploiting property owners. We do not countenance the improper use of foreclosure proceedings by the HOA, its attorney, or Regime.”

Justice ultimately prevailed in this case, and the Hales kept their house and were not evicted although there can be no doubt that they had suffered and worried throughout this entire process. Not every homeowner who goes through this process is so lucky to get away with only a terrible story to tell.

 

Communities Are Getting Bad Advice, and It’s Costing Them, in Real Dollars and in Reputation

What went wrong is an amazingly simple question to answer. The association was convinced that they should foreclose on a delinquent unit before they even tried to engage the owners to review the consequences of their situation. While it may be true that they received one notice, they were advised by an attorney that the matter had been resolved. This was a total failure of communication.

The association could have had more contact with the owners and advised them as to the course of action that was being taken against them. Nobody said anything to them – and in this industry, such a thing is not uncommon.

When a delinquent unit goes over to an attorney the object is to “enforce the security interest” and not to collect. The association’s board was not properly informed that less drastic action could be taken. Somehow the board was convinced not to recover money from the Hales but rather to take the property.

No collections activity is reported in the narrative that is presented in the case. It was a bad business decision because eventually, the association had to pay a lot of legal fees. This situation could have been resolved much more easily and cost-effectively.

 

A Lawyer Who is Just Enforcing Security Interests Is Not A Debt Collector

This matter did not have to be resolved by a “legal solution” but rather by a “collections solution.” As a matter of fact, in a case decided by the Supreme Court of The United States, DENNIS OBDUSKEY v. McCARTHY & HOLTHUS LLP the Court held, “A business engaged in no more than the enforcement of security interests is not a “debt collector” under the FDCPA, 1032*1032 except for the limited purpose of § 1692f(6). Pp. 1035-1040. This means that the association did not even try to collect the past due debt and if they used an attorney, he/she is not even bound by the Fair Debt Collections Practices Act.

The Supreme Court in South Carolina in all its wisdom said loud and clear: “A foreclosure proceeding is a last resort”

 


Community Associations Have a Better Option to Collect Delinquent Fees

So how should a community association collect delinquent fees? In a way this question just about answers itself. The answer is that they use a collection agency that is specialized in collections for community associations. Community Associations need to COLLECT, not foreclose and evict owners from their homes. Associations need to have adequate cash flows and a minimum amount of legal cases.

Axela Technologies would be honored to be that company for your community association. We are a licensed collection agency and we only work on delinquencies from Condos and HOAs. We are different because our objective is not to foreclose on a house, which is the action of last resort.

What Axela does is engage the owner and work with them to pay their past due assessments. Axela will send demand letters, provide internet portals to delinquent owners, make outbound calls, report delinquencies to credit bureaus, receive inbound calls, work out payment plans, and notice mortgage holders that the borrower is delinquent on their maintenance fee payments as per the PUD Rider.

Now is the time for your community association management company and/or community association to put the right process into place when you are confronted with delinquencies. Foreclosing and evicting does not have to be the way. Click here to request your free, no-obligation collections analysis today.

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Want an emergency information guide you can use to uncover and list important information so that your loved ones know what to do in an emergency?

Want an emergency information guide you can use to uncover and list important information so that your loved ones know what to do in an emergency?

Want an emergency information guide you can use to uncover and list important information so that your loved ones know what to do in an emergency?

by RMS ACCOUNTING

𝐕𝐞𝐫𝐲 𝐒𝐚𝐝 𝐒𝐭𝐨𝐫𝐲 – Very old client dies leaving his wife to deal not only with his death but also with financial matters that she is unfamiliar with and not equipped to deal with. She has no where a copy of the will is or what attorney handled the will preparation. She also does not know what investment accounts in his name have TOD designation and how to deal with them as well as the house that is titled in both their names. This lady needs help and has no children or close friends to help her deal with these issues. While we can help make her get information on all the accounts that her husband had which had taxable transactions we can’t represent and handle the notification of banks and investment accounts or location of the will. The best we could do is refer her to an estate attorney we trust.
If you are wondering why I am telling your this it’s because we see the same thing over and over where an elderly person does not remember what assets they have and or know how to deal with them. We remind clients all the time that they need to make a list of their investments, bank accounts, insurance and other important information including the names of advisors and attorney and see that this list is easy for their loved ones to find when the need arises and the time comes.
Want an emergency information guide you can use to uncover and list important information so that your loved ones know what to do in an emergency just drop us an

Email at info@RMSAccounting.com with “Emergency Guide” in the subject line along with your name and mailing address and we will send you a printed copy of this important booklet, rather have a PDF copy just let us know at the same email address.

 

Learn more and contact us for all of your Accounting Needs: 

RMS Accounting

1-800-382-1040

RMS Accounting combines quality cost effective accounting and bookkeeping services with a team of tax accounting professionals to help clients make and save more money.

rms-accounting

RMS Accounting

Accounting and tax services are about more than just numbers on a page. Unlike other accounting firms, when you call us you will get a live human being not voicemail and unlike other accounting firms we will work with you on your business helping you to grow profits and cut taxes. Unlike other accounting firms we will tell you before we begin work exactly what it will cost for our help.

Our tax accounting professionals will be happy to assist you with; tax planning, tax preparation and tax representation.

Our tax accountants are EA’s (Enrolled to practice before the IRS). They know the tax laws and will make sure you don’t pay one penny more than you have to. Visit us for a free consultation with a tax accountant, who will review your tax situation, with you to determine the best course of action. The tax accountant will provide you with a free fee quotation.

 

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It’s too easy to steal from vulnerable Florida homeowners. Lawmakers can fix HOA laws  Read more at: https://www.miamiherald.com/opinion/op-ed/article269211377.html#storylink=cpy

It’s too easy to steal from vulnerable Florida homeowners. Lawmakers can fix HOA laws Read more at: https://www.miamiherald.com/opinion/op-ed/article269211377.html#storylink=cpy

The recent arrests of Hammocks Community Association members have cast a long-overdue light on the plight of helpless homeowners when the directors of a homeowners association (HOA) go deliberately wrong.

The Florida Legislature specifically designed the state’s HOA law to limit government’s ability to regulate HOAs, explaining, “It is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations.”

While this may be a virtuous conceptual approach, it has created the unintended consequence of leaving homeowners with little, if any, protection or opportunity of redress when HOA board members raid association bank accounts. In this criminal case, we believe the evidence can prove the theft of well over $1 million of homeowners’ monies. But we think the actual loss is much higher.

Sadly, we have seen instances of greedy or unscrupulous board members take advantage of this lack of oversight before. They often hide their misconduct by making it extraordinarily difficult and expensive for homeowners to effectively access and examine any records. Ironically, homeowners typically are stuck paying exorbitant legal fees for accessing information to which they should be entitled. Current law renders the only Florida agency with the slightest regulatory authority, the Department of Business and Professional Regulation (DBPR), impotent to provide the oversight that HOA residents deserve. The law also makes it unnecessarily burdensome for law-enforcement officers to obtain evidence of wrongdoing.

In 2016, I brought similar problems regarding condominium oversight and financial records accessibility to the attention of our grand jury. Their detailed report included a number of recommendations to alleviate the problem. While condominiums are not HOAs, the problems of records accessibility and financial mismanagement are surprisingly similar.

Homeowners in HOAs should be protected. Based on experiences learned during our criminal investigation, the Florida Legislature can take several steps that would go far to help vulnerable homeowners throughout Miami-Dade County, and all of Florida, without creating the government overreach the lawmakers rightfully wished to avoid:

▪ Amend the HOA law to include the same minimal protections given to condominium owners.

▪ Amend the HOA and condominium laws to provide criminal penalties for the destruction of association records or the failure to provide records upon lawful request.

▪ Amend both statutes to include criminal penalties for election fraud.

▪ Amend the law to allow DBPR to oversee HOAs and condominiums more effectively. At a minimum, the Legislature should authorize DBPR to inspect records and to personally fine board members for failing to comply with the law or provide reports to members in a timely manner.

▪ Expand the Florida condominium ombudsman’s ability to oversee condominiums and allow the ombudsman to review HOA complaints.

I was gratified to see the Miami Herald’s Editorial Board recognize some of the challenges we face during our ongoing criminal prosecution and continued investigation into the Hammocks Community Association and the clear need for focused change in the oversight of Florida’s thousands of HOAs.

As always, I would welcome the opportunity to work closely with any of our legislators who want to address the homeowners victimized by one of Florida’s largest HOAs. This issue is far too important to ignore.

 

The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance

The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance

Attention Florida Property Managers & Building Owners:

The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance with part 3.10.12 of ASME A17.3-2015, Safety Code for Existing Elevators and Escalators.

 

A17.3-2015 Contains the Retroactive Requirement 3.10.12 System to Monitor and Prevent Automatic Operation of the Elevator with Faulty Door Contact Circuits. All conveyances licensed by the State of Florida Bureau of Elevator Safety, including those located within the 5 contracted jurisdictions (Broward, Miami-Dade, City of Miami, City of Miami Beach, Reedy Creek Development District) must be in compliance with the above Code by December 31, 2023. This system is referred to as Door Lock Monitoring.

By December 31, 2023 ALL Existing Elevator Must Have Been:

·         For Elevators Installed Prior to A17.1 2000 (MOST ELEVATORS)

Equipped with a New Hardware and Software Upgrade and Inspected by a Licensed Elevator Contractor.

 

·         For Elevators Installed Under A17.1 2000 or Newer

Inspected by a Licensed Elevator Contractor to Ensure Door Lock Monitoring is Functional and Code Compliant. These elevators may STILL require New Hardware and Software Upgrades depending on the Controller Manufacturer.

 

Frequently Asked Questions

Is Door Lock Monitoring Mandatory for my County?

Yes, Door Lock Monitoring is mandatory for ALL elevators in the State of Florida

 

Do I need to use my Current Vendor to install Door Lock Monitoring?

No, you can use any experienced vendor to perform your Door Lock Monitoring installation. This is considered work outside your Service Agreement.

 

What happens if I do not comply?

Failure to comply with Door Lock Monitoring will result in failed inspections and fines from the State and/or County.


 

Contact your Elevator Contractor or find top companies on our Directory for Florida Members

 

Florida condo owners brace for rising insurance rates State lawmakers set to meet Dec. 12 for special session regarding issue

Florida condo owners brace for rising insurance rates State lawmakers set to meet Dec. 12 for special session regarding issue

Florida condo owners brace for rising insurance rates

State lawmakers set to meet Dec. 12 for special session regarding issue

SINGER ISLAND, Fla. — Many South Florida condo owners are getting a holiday surprise they weren’t expecting — paying more for insurance. It’s all part of the state’s insurance crisis that has hit homeowners all year.

“The insurance this year is hitting us hard,” Johannes Neckermann, who sits on a condo board on Singer Island, said.

The rate hikes are not only hitting condo owners but also condo associations, which then pass on the costs to the condo owners.

“We raised this year the rate on unit owners just to afford the insurance,” Neckermann said.

He said in some cases the costs were up 40% over last year.

Florida property owners are already paying the most in the country for insurance, and it’s only getting worse.

Many condo owners are just discovering this, especially the part-time residents who are now arriving for the winter months.

“There’s a little bit of a sticker shock for people who don’t follow Florida year-round,” Robert Norberg of Arden Insurance in Lantana said.

Experts said there are several reasons for the increase in rates, all of which are making it very tough for insurance companies to stay afloat.

“It’s been several years of claim problems, and things like, that impact associations, as well as individual unit owners, plus now the Surfside [condo collapse in 2021], plus the issues with recent hurricanes,” Norberg said. “They’re all taking losses, and it hits not only the unit owner but the association in a big way.”

Condo owners are getting hit twice on those fees and then with their own insurance going up.

As with homeowners, it’s likely to drive condo dwellers to the state-run Citizens Property Insurance, which is already ballooning with more than a million policies.

Florida lawmakers are supposed to meet Dec. 12 for a special session on fixing the insurance issues, but there are no promises anything can be fixed quickly.

“They can’t force insurance companies to charge,” Norberg said. “The only thing they can do is help regulate the rates of admitted carriers.”

 

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WHEN THE GOING GETS TOUGH  By Eric Glazer, Esq.

WHEN THE GOING GETS TOUGH By Eric Glazer, Esq.

WHEN THE GOING GETS TOUGH

By Eric Glazer, Esq.

It has always been difficult to get volunteers to be on the Board of Directors.  Even when times are good and the building has made repairs and has some money in the bank, you can never count on owners to volunteer their time for a position where on their best day they will be second guessed and criticized.  It’s always touch and go as to whether an election will even be required in most condominiums because there won’t be enough volunteers.  Maybe it’s because the job doesn’t pay too much.

Well, if you thought it was hard to get volunteers for the Board before, you ain’t seen nothing yet.  Members of Boards starting in 2025, and perhaps some Boards getting a jump on the new laws know that they certainly won’t be winning any popularity contests by serving on the board, especially when they prepare the association’s annual budget.  These new Board members will be the ones who have to tell the members of the community that their monthly assessments are about to skyrocket due to:

  1. Mandatory Phase One Inspections;
  2. Probable Phase Two Inspections;
  3. Massive required repairs in order to pass the 25,  30, 40 or 50 year inspections;
  4. The full funding of a reserve account based upon a structural integrity reserve study;
  5. The fact that reserves can no longer be waived.
  6. Massive Increases in the association’s insurance.

These board members will need to sit behind barbed wire and Police “Do Not Cross” tape during the budget meeting.  They will probably want to be escorted to their units after the meeting by security.  Bottom line is they are going to be facing hostile crowds.

Let’s say they make it back to their unit and still wish to remain on the Board.  Now the fun begins.  These board members will have to hire the architects, hire the engineers, hire the contractors, make sure the repairs get made and pay all of the association’s massive bills. They may also have to negotiate a loan from a local bank so that everyone doesn’t have to come out of pocket for all the repairs.  Of course they will also still have the usual responsibilities of Board members such as attending meetings.

So who in the world is going to want to serve on the Board in 2025 when all of these new laws go into effect?  Why would anyone stick their neck out so far?  Well, if you were always a board member, you may not be scared of the responsibilities to come.  On the other hand, if you were shy of becoming a board member before, I don’t doubt that you’re going to remain the same and stay away.  It’s going to get tough ladies and gentlemen.  But will the tough get going and make the association’s Board the best it can be?

Read others: 

Federal Court Identifies Potential Collection Issue for Community Associations in Florida

Federal Court Identifies Potential Collection Issue for Community Associations in Florida

Federal Court Identifies Potential Collection Issue for Community Associations in Florida

Community association operations rely upon the timely and full payment of all assessments by all of the owners. One of the mechanisms that Florida law provides to put associations in a stronger position when an owner becomes delinquent is the “secured interest” of the association in the unpaid assessments by way of its ongoing lien against the unit or lot for the unpaid assessments. This secured interest puts the claim of the association at a higher priority than most other claims, other than a first mortgage or unpaid property taxes. However, a recent decision in the United States Bankruptcy Court for the Southern District of Florida, In re: Adam, Case No.: 22-10140-MAM, September 23, 2022, has cast a potential cloud on that secured interest.

In the In re Adam case, the Association previously obtained a judgment of foreclosure for over $76,000, which was considered as a secured interest by the Court. The Association was also claiming an additional $36,558 which came due after the judgment was entered. The owners were asking the Court to decide that the $36,000 was not secured and therefore uncollectible in the bankruptcy (or at least not fully collectible).

In deciding whether certain association claims were secured and collectible in the bankruptcy setting, the Court undertook an analysis of Florida law on the subject. The Court noted that both the Florida Condominium Act (Chapter 718 F.S.) and the Homeowner’s Association Act (Chapter 720 F.S.) currently contain express provisions that identify that the lien of the association is effective from the original recording of the declaration (with the added requirement in HOA’s that the declaration specifically expresses this lien right). However, the Court also points out that the Condominium Act was amended in 1992 to provide for this effective date. (The Homeowner’s Association Act was amended to provide for it in 2008.) Prior to these amendments, these Statutes provided for the effective date of the lien to be when it was recorded in the public records of the county. The analysis of the Court required it to consider whether the current version of the Statute applies to the situation or whether an earlier version of the Statute is the controlling authority. (This case involved a condominium so only the Condominium Act was considered in the decision.)

To make that determination, the Court applied the principles of the seminal case of Kaufman v. Shere, 347 So.2d 627 (Fla. 3d DCA 1977), which require declarations to contain the specific phrase “as amended from time to time” when identifying the Statute that governs the documents in order for the current version of the Statute to apply. This is because Statutes are not retroactive in their application unless the legislature expressly makes them so in the Statute itself. Both the U.S. and Florida Constitutions do not allow for the State to make a law that infringes upon the vested rights in an existing contract (which would be the declaration). As a result, the contract (declaration) would need to have the specific “as amended from time to time” language (often called “Kaufman” language) to automatically incorporate changes to the Statute that is not otherwise retroactive.

When the Court reviewed the governing documents, it noted that they were from 1987 and did not have the Kaufman language. As such, the Court held that the provisions of the declaration were the same as the Statute in 1987, which provided that the lien was effective only upon being recorded in the public records of the county. Since the Association did not file another lien for the amount being claimed subsequent to the foreclosure judgment, the Court concluded that this portion was not secured. In the bankruptcy setting, this meant that the Association would likely be unable to recover most, if not all of this claim from the Debtors, Mr. and Ms. Adam.

While this issue may be most relevant to associations when dealing with a case in bankruptcy, it is possible that it could also be raised in state court foreclosure cases under certain circumstances. It is also important to note that this Bankruptcy Court did not include a significant issue in the analysis regarding the Statute at issue, that being whether or not the statutory provision was “substantive” or “procedural”, as those terms apply to this situation, which could have led to a different result. (This portion of the legal analysis is quite technical and beyond the scope of this article.)

For communities whose declarations were recorded prior to the statutory changes described above, the first step in protecting the interests of the association is to review the documents to determine whether Kaufman language is already in them. If not, the board may wish to consider proposing an amendment to the owners to change the documents to include this language, if not for the entire declaration, then at least for the timing of the effectiveness of the lien of the association. Having qualified legal counsel review these issues in the documents is a strong business practice.

About Robert
Robert L. Kaye is Board Certified in Condominium and Planned Development Law. Mr. Kaye attended Michigan State University, graduating with a B.B.A. in General Business in 1976. In 1986, Mr. Kaye graduated from the Detroit College of Law, magna cum laude. Mr. Kaye initially practiced tax law for the firm of Raymond, Rupp, Weinberg, Stone & Zuckerman, P.C. in Troy, Michigan, before moving to South Florida in 1987, joining Becker & Poliakoff to concentrate in the area of community association representation. In 1991, Robert Kaye left that employ to start Kaye & Roger, P.A. He was the managing shareholder of the Firm from its inception, directing all legal operations and overseeing its growth to represent over 1,000 Communities in South Florida at the time of its name change to Robert Kaye & Associates, P.A. on January 1, 2003.
On January 1, 2009 Mr. Kaye joined with Michael Bender to form Kaye & Bender, now known as Kaye Bender Rembaum, after Jeffrey Rembaum joined in 2012. Mr. Kaye serves on the Florida Bar’s Grievance Committee, is a member of the Condominium Committee of the Real Property Section of The Florida Bar, and previously served on the Committee on the Unlicensed Practice of Law. He also lectures on Community Association law and is regularly published on the subject. Mr. Kaye hosts KBR’s appearances on the radio show, ‘Ask the Experts’, from 6pm to 7pm, the first Thursday of each month.
See his full bio HERE.

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