Become a Member: JOIN SFPMA TODAY   LogIn / Register: LOGIN/REGISTER

SFPMA Industry Articles | news, legal updates, events & education! 

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

Schedule Your Fall Fish Stocking Discover the benefits of professional fall fish stocking and how to set your fishery up for success.

Schedule Your Fall Fish Stocking Discover the benefits of professional fall fish stocking and how to set your fishery up for success.

  • Posted: Sep 18, 2022
  • By:
  • Comments: Comments Off on Schedule Your Fall Fish Stocking Discover the benefits of professional fall fish stocking and how to set your fishery up for success.

Schedule Your Fall Fish Stocking

Discover the benefits of professional fall fish stocking and how to set your fishery up for success.

Are you ready to build a community fishery or grow trophy fish in your private lake? Fish stocking is an important step of fisheries management. Fall is an excellent time to stock your lake. Learn how strategic fish stocking can help you build your dream fishery!

BOOK YOUR FISH STOCKING

Why a Professional Is Needed for Fish Stocking

A diverse and productive fish population is essential to creating an ecologically balanced lake or pond. Fish stocking has clear benefits – from plant and mosquito management to exciting fishing opportunities – but many property owners are unaware of the sheer number of fish species to choose from, making it very easy to get confused.

There is more to fish stocking than the act of adding fish to a pond. Rushing the process by stocking the wrong fish, or doing so at the wrong time, can result in unhealthy population conditions and ecosystems. A key part of lake and pond management is making sure the fish population is well-balanced and best equipped to help achieve your specific goals for the aquatic ecosystem. That’s where a professional comes in.

Each body of water is different, so there are no one-size-fits-all solutions. A customized plan created by experts will ensure that your lake or pond has the right fish population to endure its health and your continued enjoyment. Based on the state of the ecosystem in your lake or pond, a professional will recommend whether or not you should add fish, what species are best suited for your waterbody, what time of year to stock, and how many.

SOLitude Lake Management | Proudly Serving Clients Nationwide

Tags: , ,
There is nothing like mosquito bites or midges to take the fun outdoor activities!  Before mosquito’s or midges “BUG” you, contact Allstate Resource Management

There is nothing like mosquito bites or midges to take the fun outdoor activities! Before mosquito’s or midges “BUG” you, contact Allstate Resource Management

  • Posted: Sep 18, 2022
  • By:
  • Comments: Comments Off on There is nothing like mosquito bites or midges to take the fun outdoor activities! Before mosquito’s or midges “BUG” you, contact Allstate Resource Management

Mosquitos or Midges BUGGING you?

Allstate Resource Management offers full-service larvicide spraying and/or briquette treatments to attack the insect’s breeding ground. 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 or midges to take
the fun outdoor activities!
Before mosquitos or midges “BUG” you, contact us at:
Direct: 954-382-9766 or info@allstatemanagement.com
Tags: ,
3 Reasons to Hire an HOA Collections Agency to Manage Your Delinquencies by Mitch Drimmer

3 Reasons to Hire an HOA Collections Agency to Manage Your Delinquencies by Mitch Drimmer

  • Posted: Sep 18, 2022
  • By:
  • Comments: Comments Off on 3 Reasons to Hire an HOA Collections Agency to Manage Your Delinquencies by Mitch Drimmer

3 Reasons to Hire an HOA Collections Agency to Manage Your Delinquencies

Why Hire an HOA Collections Agency?

Community associations have limited options to collect, and the traditional method isn’t focused on collection at all, but rather on punishment. This is why an HOA collections agency may be the right choice for managing your delinquencies.

Debt collection is a troublesome topic no matter what industry you’re in, but when it comes to collecting on unpaid HOA assessments, things can get tricky. Between your community’s governing documents, state laws, and federal regulations, there are a lot of rules to follow.

On top of that, there aren’t a whole lot of options out there for community associations looking to collect on that debt. Many communities hire an HOA attorney or try to handle collections on their own.

1. Lawyers are focused on a legal resolution, not reclaiming lost funds. 

Many communities rely on HOA attorneys for legal guidance and lawsuits. For this reason, many also turn to their attorney when a homeowner has failed to make payments. Many boards still believe that their only course of action is placing a lien on the property and going to court. And your attorney won’t tell you any differently.

Your attorney’s primary function is to follow a legal process of “lien and foreclose.” The priority is seeking a resolution of an issue and seeking justice, not collecting the debt that is owed to your association. The board has a fiduciary duty to collect that money, not to pursue some form of justice against the delinquent owner, so choosing a lawyer might not be the best course of action.

2. Avoid a lawsuit.

Because collections are highly regulated, there are a LOT of laws surrounding the collections process. The Fair Debt Collection Practices Act (FDCPA) has many rules around the who, the how, and the when of collections efforts. Violating any of those rules, even by accident, can create a massive legal headache for your community. When it comes to collections, do not do this at home.

Federal laws aren’t the only ones to worry about, though. Many states have their own specific rules and requirements, also. Depending on where you reside, your state’s laws may be even stricter than the FDCPA, so following the federal law might still get you into hot water.

3. Traditional collection agencies aren’t built for HOAs.

Much like an attorney, a collection agency that isn’t tailored to handle HOAs and condo associations will look for the fastest, biggest buck they can make. Typically these companies will want to buy the debt or advance funds to you against this debt–this might sound like a great plan because at least you’re recovering something, but many governing documents (and some state laws) specify that debts must be collected at 100% of the principle that’s owed. A collection agency will not pay 100% so this is in direct violation of those rules. Getting funding to ease the pain of a cash shortfall may also be a violation of your CC&Rs.

It also creates an ethical concern–by selling off that debt, your community loses control over how the debt is collected, opening up your hurting homeowners to aggressive collections efforts. Will they operate within the confines of the FDCPA? Almost certainly. But as we’ve said before, just because it’s legal doesn’t mean it’s ethical.

Find Out Why An HOA Collections Agency Is Right For Your Community

Collecting monies owed to your association is a difficult process, but it shouldn’t also be a painful one! At Axela, we understand the importance of ethical community association debt collection, and we’ve perfected the process and technology it takes to make that happen.

 


Offer your community association clients a full suite of collection agency services without having to open your own collection agency.

By partnering with Axela, your association management company can offer comprehensive and fully compliant collections services to your clients. Axela handles the burdensome and time-consuming aspect of the collection process and puts money back into the hands of the association.

Your clients will gain all of the benefits of Axela’s suite of collection tools, while you maintain oversight and easy access to the client portal, with all of the reports, account history, and data points that Axela gathers, in real-time.

Learn More about our collection services 

Tags:
Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirements

Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirements

  • Posted: Sep 13, 2022
  • By:
  • Comments: Comments Off on Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirements

Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirements

by Kaye, Bender, Rembaum KBRLegal.com

With home insurers leaving Florida in droves, and following pressure from members of both political parties in the legislature to actually do something about it, in May 2022, the governor called a special legislative session to address the problem. A very real concern to the insurers is the effect of both time and inclement weather on Florida’s aging high-rise buildings. Until now, and for the most part, Florida law largely ignored these concerns. Enter Senate Bill 4-D (SB 4-D), which already became effective upon being signed into law by Governor DeSantis on May 26, 2022. This new piece of legislation addresses condominium and cooperative building inspections and reserve requirements. (While this article primarily addresses these new laws in the context of condominium association application, they are equally applicable to cooperative associations.)

By way of background, during the regular legislative session, there were several bills introduced in the Florida House of Representatives and in the Florida Senate addressing building safety issues, but none of them were passed into law due to the inability to match the language of the bills in both the house and the senate which is a requirement for legislation to pass and go to the governor for consideration. As such, it was a little surprising to many observers that the legislature was able to approve SB 4-D in essentially a 48-hour window during the special session in May. The language used in SB 4-D was initially drafted into a proposed bill in November 2021. At that time and during the most recent legislative session, input was provided by many industry professional groups including engineers, reserve study providers, and association attorneys. Many of these industry professionals indicated that there were challenges with some of the language and concepts being proposed in SB 4-D during session.

Notwithstanding these challenges and in an effort to ensure some form of life safety legislation was passed this year, SB 4-D was unanimously approved in both the house and senate and signed by the governor. A plain reading of this well-intended, but in some instances not completely thought-out, legislation evidences these challenges. Some will say it is a good start that will need significant tweaking, which is expected in the 2023 legislative session. Others praise it, and, yet others say it is an overreach of governmental authority, such as an inability to waive or reduce certain categories of reserves. You be the judge. We begin by examining the mandatory inspection and reserve requirements of SB 4-D.

 

I. Milestone Inspections: Mandatory Structural Inspections For Condominium and Cooperative Buildings. (§553.899, Fla. Stat.)

You will not find these new milestone inspection requirements in Chapters 718 or 719 of the Florida Statutes, but rather in Chapter 553, Florida Statutes, as cited above.

Milestone Inspections

The term “milestone inspection” means a structural inspection of a building, including an inspection of load-bearing walls and the primary structural members and primary structural systems. The aforementioned terms are defined in §627.706, Florida Statutes, and are to be carried out by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any structural component of the building. The purpose of such an inspection is not to determine if the condition of an existing building is in compliance with the Florida Building Code or the fire safety code.

Substantial Structural Deterioration

The term “substantial structural deterioration” means substantial structural distress that negatively affects a building’s general structural condition and integrity. The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes, unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration.

Milestone Inspections For Buildings Three Stories or More In Height

A condominium association under Chapter 718 and a cooperative association under Chapter 719 must have a milestone inspection performed for each building that is three stories or more in height by December 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.

Within Three Miles of Coastline

If the building is three or more stories in height and is located within three miles of a coastline, the condominium association or cooperative association must have a milestone inspection performed by December 31 of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.

The condominium association or cooperative association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance.

The condominium association or cooperative association is responsible for all costs associated with the inspection.

If The Certificate of Occupancy was Issued Before July 1, 1992

If a milestone inspection is required under this statute and the building’s certificate of occupancy was issued on or before July 1, 1992, the building’s initial milestone inspection must be performed before December 31, 2024. If the date of issuance for the certificate of occupancy is not available, the date of issuance of the building’s certificate of occupancy shall be the date of occupancy evidenced in any record of the local building official.

Upon determining that a building must have a milestone inspection, the local enforcement agency must provide written notice of such required inspection to the condominium association or cooperative association by certified mail, return receipt requested.

Within 180 days after receiving the written notice, the condominium association or cooperative association must complete phase one of the milestone inspection. For purposes of this section, completion of phase one of the milestone inspection means the licensed engineer or architect who performed the phase one inspection submitted the inspection report by email, United States Postal Service, or commercial delivery service to the local enforcement agency.

A Milestone Inspection Consists of Two Phases

(a) PHASE 1—For phase one of the milestone inspection, a licensed architect or engineer authorized to practice in this state must perform a visual examination of habitable and non-habitable areas of a building, including the major structural components of a building, and provide a qualitative assessment of the structural conditions of the building. If the architect or engineer finds no signs of substantial structural deterioration to any building components under visual examination, phase two of the inspection (discussed below) is not required. An architect or engineer who completes a phase one milestone inspection shall prepare and submit an inspection report.

(b) PHASE 2—A phase two of the milestone inspection must be performed if any substantial structural deterioration is identified during phase one. A phase two inspection may involve destructive or nondestructive testing at the inspector’s direction. The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress in order to confirm that the building is structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. An inspector who completes a phase two milestone inspection must prepare and submit an inspection report.

Post-Milestone Inspection Requirements

Upon completion of a phase one or phase two milestone inspection, the architect or engineer who performed the inspection must submit a sealed copy of the inspection report with a separate summary of, at minimum, the material findings and recommendations in the inspection report to the condominium association or cooperative association, and to the building official of the local government which has jurisdiction. The inspection report must, at a minimum, meet all of the following criteria:

  1. Bear the seal and signature, or the electronic signature, of the licensed engineer or architect who performed the inspection.
  2. Indicate the manner and type of inspection forming the basis for the inspection report.
  3. Identify any substantial structural deterioration within a reasonable professional probability based on the scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for such deterioration.
  4. State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code, were observed.
  5. Recommend any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration.
  6. Identify and describe any items requiring further inspection.

Local Government Enforcement

A local enforcement agency may prescribe timelines and penalties with respect to compliance with the milestone inspection requirements.

A board of county commissioners may adopt an ordinance requiring that a condominium or cooperative association schedule or commence repairs for substantial structural deterioration within a specified timeframe after the local enforcement agency receives a phase two inspection report; however, such repairs must be commenced within 365 days after receiving such report. If an association fails to submit proof to the local enforcement agency that repairs have been scheduled or have commenced for substantial structural deterioration identified in a phase two inspection report within the required timeframe, the local enforcement agency must review and determine if the building is unsafe for human occupancy.

Board’s Duty After Obtaining The Milestone Report

Upon completion of a phase one or phase two milestone inspection and receipt of the inspector-prepared summary of the inspection report from the architect or engineer who performed the inspection, the association must distribute a copy of the inspector-prepared summary of the inspection report to each unit owner, regardless of the findings or recommendations in the report, by United States mail or personal delivery and by electronic transmission to unit owners who previously consented to receive notice by electronic transmission; must post a copy of the inspector-prepared summary in a conspicuous place on the condominium or cooperative property; and must publish the full report and inspector-prepared summary on the association’s website, if the association is required to have a website.

Who Pays for The Milestone Inspection?

Pursuant to §718.112, Florida Statutes, if an association is required to have a milestone inspection performed, the association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance with all of the requirements thereof. The association is responsible for all costs associated with the inspection.

Failure to Obtain the Milestone Inspection

If the officers or directors of an association willfully and knowingly fail to have a milestone inspection performed pursuant to §553.899, Florida Statutes, such failure is a breach of the officers’ and directors’ fiduciary relationship to the unit owners.

Manager’s Duty

If a community association manager or a community association management firm has a contract with a community association that has a building on the association’s property that is subject to milestone inspection, the community association manager or the community association management firm must comply with the requirements of performing such inspection as directed by the board.

Exemptions

For clarity, the otherwise required milestone inspection does not apply to a single family, two-family, or three-family dwelling with three or fewer habitable stories above ground.

Florida Building Commission Requirements

The Florida Building Commission must review the milestone inspection requirements and make recommendations, if any, to the legislature to ensure inspections are sufficient to determine the structural integrity of a building. The commission must provide a written report of any recommendations to the governor, the president of the senate, and the speaker of the house of representatives by December 31, 2022.

The Florida Building Commission must consult with the State Fire Marshal to provide recommendations to the legislature for the adoption of comprehensive structural and life safety standards for maintaining and inspecting all types of buildings and structures in this state that are three stories or more in height. The commission must provide a written report of its recommendations to the governor, the president of the senate and the speaker of the house of representatives by December 31, 2023.

II. Structural Integrity Reserve Studies and Mandatory Reserves:

The reserve legislation set out in §718.112 (f)(2)(a), Florida Statutes, is, for all intents and purposes, re-written. Prior to examining these most recent revisions, it is necessary to first examine the definitions set out in §718.103, Florida Statutes, where a brand-new term is added as follows:

Structural integrity reserve study means a study of the reserve funds required for future major repairs and replacement of the common areas based on a visual inspection of the common areas applicable to all condominiums and cooperative buildings 3 stories or higher. 

Hereafter, the structural integrity reserve study is referred to as “SIRS.” Now we can turn our attention to the requirements of the SIRS as set out in §718.112 (f)(2)(a), Florida Statutes.

The Structural Integrity Reserve Study (required for all condominium and cooperative buildings three stories or higher regardless of date of certificate of occupancy):

An association must have a SIRS completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

  1. Roof
  2. Load-bearing walls or other primary structural members
  3. Floor
  4. Foundation
  5. Fireproofing and fire protection systems
  6. Plumbing
  7. Electrical systems
  8. Waterproofing and exterior painting
  9. Windows
  10. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study.

The SIRS may be performed by any person qualified to perform such study. However, the visual inspection portion of the structural integrity reserve study must be performed by an engineer licensed under Chapter 471 or an architect licensed under Chapter 481.

As further set out in the legislation, at a minimum, “a structural integrity reserve study must identify the common areas being visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of the common areas being visually inspected, and provide a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each common area being visually inspected by the end of the estimated remaining useful life of each common area.”

The amount to be reserved for an item is determined by the association’s most recent structural integrity reserve study that must be completed by December 31, 2024. If the amount to be reserved for an item is not in the association’s initial or most recent structural integrity reserve study or the association has not completed a structural integrity reserve study, the amount must be computed using a formula based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item.

If the condominium building is less than three stories, then the legislation provides that “in addition to annual operating expenses, the budget must include reserve accounts for capital expenditures and deferred maintenance. These accounts must include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000.”

The association may adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance.

If an association fails to complete a SIRS, such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners.

Non-Waivable and Waivable Reserves In The Unity Owner-Controlled Association

As to the SIRS, the legislation is patently clear that unit owners may not vote for no reserves or lesser reserves for items set forth in the SIRS report. There is ongoing debate among attorneys in regard to whether a condominium under three stories can waive or reduce reserves for any of the reserve items required to be in the SIRS that are included in the under- three-story condominium reserve—for example, roof and painting. (For those interested, examine lines 1029 to 1033 and 1050 to 1071 in SB 4-D.)

Mandatory Reserves In The Developer-Controlled Association

Before turnover of control of an association by a developer to unit owners other than a developer pursuant to §718.301, Florida Statutes, the developer-controlled association may not vote to waive the reserves or reduce the funding of the reserves. (Previously, a developer could fully waive all reserves for the first two years, meaning this is a monumental change.)

Pre-Turnover Developer Duty

Before a developer turns over control of an association to unit owners other than the developer, the developer must have a SIRS completed for each building on the condominium property that is three stories or higher in height.

III. Official Records

Official records of the condominium and cooperative association include structural integrity reserve studies, financial reports of the association or condominium, and a copy of the inspection reports and any other inspection report relating to a structural or life safety inspection of condominium or cooperative property.

In addition to the right to inspect and copy the declaration, bylaws, and rules, renters have the right to inspect the milestone inspection report and structural integrity reserve study inspection reports as well.

Structural integrity reserve studies must be maintained for at least 15 years after the study is completed. In addition, inspection reports and any other inspection report relating to a structural or life safety inspection of condominium property must be maintained for 15 years after receipt of such report.

IV. Association Websites

In addition to other positing requirements, the inspection reports described above and any other inspection report relating to a structural or life safety inspection of condominium property and the association’s most recent structural integrity reserve study must be posted to the website.

V. Jurisdiction of Division of Condominiums, Timeshares and Mobile Homes

Pre-turnover, the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division) may enforce and ensure compliance with rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium units, and complaints related to the procedural completion of milestone inspections. After turnover has occurred, the Division has jurisdiction to investigate complaints related only to financial issues, elections, and the maintenance of and unit owner access to association records, and the procedural completion of structural integrity reserve studies.

VI. New Reporting Requirements For All Condominium and Cooperative Associations

On or before January 1, 2023, condominium associations existing on or before July 1, 2022, must provide the following information to the Division in writing, by email, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or email address provided by the division and on a form posted on the division’s website:

  1. The number of buildings on the condominium property that are three stories or higher in height.
  2. The total number of units in all such buildings.
  3. The addresses of all such buildings.
  4. The counties in which all such buildings are located.

An association must provide an update in writing to the division if there are any changes to the information in the list within six months after the change.

VII. Applicable To All Sellers of Units

As a part of the sales process, the seller of a condominium or cooperative unit and developers must provide to potential purchasers a copy of the inspector-prepared summary of the milestone inspection report and a copy of the association’s most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study.

VIII. Glitches

As with any new legislation of such a substantial nature, there often follow in subsequent years what are referred to as “glitch bills” which help provide additional clarity, remove ambiguity, and fix unintended errors. Some observe are (i) the term “common areas” is used in the legislation when in fact the correct term is “common element;” (ii) clarity needs to be provided regarding whether reserve items that are required to be in SIRS, but show up in the under-three-story reserves, such as paint and paving, can be waived or reduced by the membership; and (iii) for those buildings that are within three miles of the coastline, additional clarity could be provided to provide better guidance as to how to perform the measurement.

 

SFPMA: You can find this article on our Florida Building Inspections

 

Webinar: Bill SB-4D Has Passed – What Now? by KBR Legal

Webinar: Bill SB-4D Has Passed – What Now? by KBR Legal

  • Posted: Sep 13, 2022
  • By:
  • Comments: Comments Off on Webinar: Bill SB-4D Has Passed – What Now? by KBR Legal

Educational webinar with emphasis on Structural Integrity, Reserves and Milestone Inspections

Date:  Sep 14, 2022

Please Register Now!

 


 

Keep informed with the requirements for Florida Condo’s on our

Florida Building Inspections (Website)

Tags:
Slippery floor tiles ​are a disaster waiting to happen for any facility…by CoverTec

Slippery floor tiles ​are a disaster waiting to happen for any facility…by CoverTec

  • Posted: Sep 09, 2022
  • By:
  • Comments: Comments Off on Slippery floor tiles ​are a disaster waiting to happen for any facility…by CoverTec

Slippery floor tiles ​are a disaster waiting to happen for any facility. Understanding how to deal with slippery floors can be the difference between operating ​a successful facility and serious problems.

CoverTec Products

click the picture above go to CoverTec, learn about the many products we have from cleaning to maintenance for your floors, learn how to make your floors non slip!

Making floors slip-resistant requires a clear understanding of what you are working with. These are the factors that impact whether a floor is slippery or not:

  1. The condition of the floor
  2. The flooring material
  3. The condition and the material of the footwear interacting with the surface
  4. The contaminants present on the floor
  5. The physical ability of the person walking on the floor

Members of sfpma find us on the directory

Tags:
The Infinite Game in Condo Governance by Mitch Drimmer of Axela Tech.

The Infinite Game in Condo Governance by Mitch Drimmer of Axela Tech.

  • Posted: Sep 08, 2022
  • By:
  • Comments: Comments Off on The Infinite Game in Condo Governance by Mitch Drimmer of Axela Tech.

In 1986, Professor James P. Carse presented the concept of finite and infinite gaming. He said, “there are at least two kinds of games: finite and infinite.

A finite game is played for the purpose of winning, an infinite game for the purpose of continuing the play.” Sports games, like football and baseball, are clearly finite games. They have specified chunks of time in which one is expected to do better than the other. An infinite game has no winners and no time length. Instead, it’s just a set of rules and expectations you must continue to participate in without end.

Simon Sinek took this game theory and applied it to the planning and continued success of a business enterprise. Businesses are not time-restricted games. You don’t have a year or five or ten in which to complete some kind of final objective. Sure, there are benchmarks and points of obvious success, but there is no end to business.

Now apply that kind of thinking to the HOA and condo industry: community associations, and in particular, condo governance. A condominium should be run with an “infinite game” mentality, with the goal of the structure being maintained to reach the ripe old age of eternity. Can a structure last infinitely? Maybe not, but even so, that is how it should be governed. There is no shelf life on a condominium building.

Keeping Score in Condo Governance is Playing a Finite Game

Condominiums all too often live on a budget-to-budget basis (or a special assessment to special assessment basis) with very little regard for the future. This kind of condo governance manifests itself in an inadequate capital improvement plan or a functioning preventative maintenance protocol.

Many condominiums are run by a seat-of-the-pants mentality–the pinnacle of finite thinking. This budget-to-budget, board-to-board, manager-to-manager mentality is destructive and a clear blueprint for a condominium’s demise. It pits past, present, and future against one another, each one keeping a score of who did what and who should be responsible for what comes next. Often, this means everyone is passing the buck, and no one is actually accomplishing anything. Managers and board members need to think in terms beyond their tenure with the community and consider the far future in their planning and attitude.

Recently, we have witnessed the results of a condominium playing a finite game. Could there be a better example of misguided short-term planning than what happened in Surfside, Florida? Reports all indicated that the board of directors thought about only the short-term struggles–their time in office, the quickly-mounting immediate expenses, the inconvenience of a serious construction project–and played a finite game with disastrous consequences.

But the board is not alone in their fault. They had no direction from their law firm (which was fined $31 million dollars), which should have known better. This tragedy did not happen in a vacuum.

Sustaining Through an Infinite Game

As extreme as an example Surfside is, the thinking remains endemic. It is not an anomaly, it is only the worst-case scenario and a scenario many buildings are facing after so many years of neglectful condo governance.

It all begins with a reserve study. A quality reserve study can start the process of future planning for a condo building. Ideally, the results will physically lay out what the future may hold. It won’t be perfectly spot-on, but it is at least there as an initial guide.

This is how communities play the infinite game–a good reserve study is not a one-and-done event. A proper reserve study requires long-term maintenance and updating as inflation, and other infrastructural issues inevitably erode the previous year’s budget. Playing an infinite game in condo governance will ensure its longevity, value, comfort, and positive residential experience.

Start Playing an Infinite Game

A condominium that has a good reserves program, maintains an honest budgetpursues delinquencies, seeks out stability in management, and continues to embrace new technologies to reduce expenses is playing the infinite game.

It’s election season for boards of directors, so why not campaign on governing with an infinite mentality? Govern and manage your building like it is supposed to last forever. For more advice on condominium fiscal management and collections, contact us today.

 

Tags: , ,
Event: Condominium and HOA Board Member Certification taught by Lisa A. Magill, Esq. of KBR Legal

Event: Condominium and HOA Board Member Certification taught by Lisa A. Magill, Esq. of KBR Legal

  • Posted: Sep 06, 2022
  • By:
  • Comments: Comments Off on Event: Condominium and HOA Board Member Certification taught by Lisa A. Magill, Esq. of KBR Legal

RealManage invites you to this Condominium and HOA Board Member Certification taught by Lisa A. Magill, Esq., Board Certified Specialist in Condominium & Planned Development Law, from Kaye Bender Rembaum.

The program will be moderated by Jonathan Louis of RealManage, and will cover the essentials of board membership.
This webinar is updated regularly to remain current with amendments to Florida legislation. In addition, it satisfies Florida’s requirement for new condominium and HOA board members.
Though CE credit is not offered for this webinar, CAMS are welcome to attend for an excellent review. Provider: 0005092 (KBR Legal).

Sep 8, 2022 12:00 PM

REGISTER NOW

Tags: , , ,
Maus Law Firm is devoted to assisting people with insurance claims.

Maus Law Firm is devoted to assisting people with insurance claims.

  • Posted: Aug 31, 2022
  • By:
  • Comments: Comments Off on Maus Law Firm is devoted to assisting people with insurance claims.

Maus Law Firm is devoted to assisting people with insurance claims.

Our Fort Lauderdale attorneys handle claims involving accidents and injuries as well as property damage.

 

Homeowner Condo and Business, Property Damage Claims and Personal Injury Claims.

A home or office building is the most significant purchase most of us will make during our lifetime. Most of us buy insurance coverage – windstorm, liability, flood, homeowners, and business interruption – to protect our homes and businesses. Yet, today’s insurance policies are lengthy, complex contracts full of exceptions, exclusions, deductibles, and conditions that make the policy difficult to read, and sometimes even more difficult to recover from for your damage.

The Maus Law Firm has the best attorneys to handle property damage claims. These are just a few of the questions you may deal with after suffering a house water damage claim, plumbing backup, or a broken pipe above your condominium unit:

In addition to these questions, there are several different types of policies offered by homeowner insurance companies that contain various types of coverage. There is a policy used for owner occupied properties, one for properties that are rented out, and yet another type policy used for condo units. Where do you turn to get help?

The Maus Law Firm has been successfully handling insurance related claims since 1993. The Firm is “AV” rated by Martindale Hubbell, the highest ranking for legal ability and ethics. The Maus Law Firm has been recognized continuously since 2011 by Florida Trend Magazine’s “Legal Elite” ranking, and named a “SuperLawer” by West Thompson Publishing. The attorneys at The Maus Law Firm will competently and aggressively represent you in your homeowner property damage insurance claim, or commercial business insurance claim.

Tags: , , ,
Everything You Need to Know About Hurricane Damage Claims in Florida

Everything You Need to Know About Hurricane Damage Claims in Florida

  • Posted: Aug 31, 2022
  • By:
  • Comments: Comments Off on Everything You Need to Know About Hurricane Damage Claims in Florida

It’s an unspoken secret among homeowners that hurricane damage in Florida is inevitable.

It’s not a question of “if”. It’s a question of “how long before it happens to me?” So before this year’s storm season kicks off, it’s a good idea to educate yourself on the hurricane damage claim process. The more you know, the better you’ll be able to navigate these waters when disaster strikes.

In this post, we’ll talk about different types of hurricane damage claims, what you can expect from your insurance company, and how to get help from a professional claims adjuster.

COMMON TYPES OF HURRICANE DAMAGE CLAIMS

The most common types of damage after a hurricane is damage to your windows from flying debris. This is almost inevitable, but it’s important to document the condition of your windows before the storm.

As a matter of fact, this advice applies to all types of damage. Take pictures before the storm. They can be your only way to prove that the damage happened due to the hurricane, and not weeks or months beforehand.

Siding, roofing, and doors are also frequently damaged in hurricanes. Again, this is due to high winds and flying debris or falling trees, so this kind of damage can happen many miles inland.

Another common type of damage is fires. It’s counterintuitive to think about fire damage when there’s rain falling down like God’s pouring buckets out of the sky, but it’s a real risk. Power surges and outages can cause appliances to malfunction, while leaks and flooding can cause short circuits and electrical fires.

Finally, there’s water damage. This doesn’t always happen due to flood water, either. It can happen due to a roof leak or window damage, or even because of a failed appliance leaking after the storm. Even mild water damage can lead to mold, so look out for leaking around windows or around your roof joists.

WHAT IS COVERED?

The short answer is that it depends on what kind of insurance you have. Basic homeowners insurance will cover most hurricane damage, but not damage from flooding. For example, you may be covered for water damage from a leaky roof, but not for a flooded laundry room wrecking your washer and dryer. A flood insurance policy will cover this gap in coverage. We talk more about this in our article on water damage.

Many parts of Florida are considered high-risk areas, so insurance companies place further restrictions on wind damage. In this case, you’ll need to have windstorm coverage in order to get reimbursed to damage to your roof or windows. If you live in a high-risk area, getting this coverage is a no brainer. It can be expensive, but it costs less than paying for these repairs out of pocket.

WHAT ISN’T COVERED?

There are a couple of things that your insurance definitely will not cover.

  • The first is damage due to negligence. For example, if you’re under an evacuation order and you leave a bunch of appliances plugged in, causing a fire, the insurance company may deny your claim due to negligence.
  • The second is damage to your vehicle. Even if it’s parked in a carport or garage, your vehicle will not be covered by your homeowners or flood insurance. Fortunately, it may be covered by your car insurance if you’ve purchased the right kind of coverage.

HOW TO DEAL WITH DAMAGE AFTER A HURRICANE

The first thing to keep in mind is that your home may not be safe to return to. Listen to authorities, and don’t return to your home if your neighborhood is supposed to remain evacuated.

Once you’re cleared to return, get your camera ready. Just as you did before the storm, take pictures of everything. Eventually, you’re going to need to clean up, but the claims process can drag on for months. If there’s a dispute, before and after pictures can make the difference between a successful claim and a failed one.

You may be tempted to throw out damaged furniture and appliances. Resist that temptation. Sadly, claims adjusters have to deal with fraud on a regular basis, so they’re liable to give you the stink-eye if you tell them that all your damaged furniture is at the dump, along with your 70-inch flat screen TV and your brand new, top of the line dishwasher. Save everything until the adjuster has come out, this will improve the validity of your hurricane damage claim.

On the same token, never sign an invoice with a contractor that doesn’t have an exact cost specified. Some shady contractors will write something like “for insurance proceeds” on their invoice, then try to get the whole value of the claim, instead of just the cost of their own work.

HOW CAN A PUBLIC ADJUSTER HELP?

Hurricane Damage Claimspublic adjuster is a claims adjuster who works for you instead of the insurance company. They get paid a percentage of the proceeds from your hurricane damage claim, so the more you receive, the more they make. This gives them a strong incentive to make sure you get every penny you’re entitled to.

Oftentimes, insurance adjusters will lowball repair estimates by using prices for the cheapest possible materials. Sometimes, they’ll even avoid going to damaged areas of the house to avoid having to make a note of the damage. A public adjuster works with you to find and document every bit of damage, and advocates for you with the insurance company.

If you think a public adjuster can help you, Contact Stellar Public Adjusting Services using our free web form. If your need is urgent, feel free to call us at 305-570-3519.

Our team of adjusters has a combined experience of several decades, and all of them work in-house. This means you’ll be working directly with a member of our team, and not with an independent contractor. Focus on rebuilding your home and your life. Leave the stress and paperwork to the experts.

Tags: