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Tips for Setting HOA Board’s Annual Goals

Tips for Setting HOA Board’s Annual Goals

  • Posted: Sep 21, 2022
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Tips for Setting HOA Board’s Annual Goals

Every Homeowner’s Association has a fiscal year to evaluate the previous year and set goals for the coming year. The plans can address a variety of topics, such as community enhancements and communication. At this time, all rules and regulations get routinely evaluated to ensure that they comply with all levels of government requirements. Local restrictions on traffic, development, zoning, and other issues may have changed over the year.

When formulating goals, an HOA board that represents the homeowners must take numerous factors into account.

 

The Budget

Before defining any goals, one of the most important elements to examine is a community’s financial stability. First, board members can review the current year’s budget to see the room for improvement. Then they can consider essential expenditures for the future year and figure out how those changes will fit into the budget.

Homeowners who pay monthly or annual dues to the association want to know where and how their money gets used. Board members should give a balance sheet that discloses all funds and expenditures to all association members. In addition, residents should be informed about reserve cash, assets, loans, income, and current and planned project expenses.

Few, if any, homeowners want their property taxes to get raised. So when formulating goals for the future year, board members must keep this in mind.

 

Maintenance and Improvement Goals

Generally, you should set goals each year before setting a budget. The best practice is to construct a five-year planning process, then use that to generate both long and short-term goals. An action plan takes a substantial amount of time and works to create. Still, it is a critical way of establishing goals and anticipated direction and allocating resources appropriately.

  • What will long-term items get improved in the coming year?
  • What changes must get made that are not part of the long-term plan?
  • Make a preventative maintenance plan that covers the most vital components of the association.

The Board should present this information to homeowners. 

Board members need to explain in detail to homeowners the maintenance goals and why they are essential. This may be the time for a community meeting to discuss the improvements and the budget. Board members should be prepared to explain why some maintenance costs have gone up and how they plan to work with these additional expenditures. They should also explain the bidding process and how they work with vendors.

 

Communication Goals

Improving interactions with homeowners, vendors, and fellow board members is always beneficial, as it leads to happier residents, better cost control, and more effective teamwork. The following are some worthwhile communication objectives:

  • Establishing a communications policy, including a fire safety policy and a method for relaying emergency alert information, such as natural disasters and catastrophic power outages.
  • Improve the community’s website to ensure residents are up-to-date with safety information, notify residents about upcoming board meetings, communicate with board members, make service requests, and even pay dues.

Achievable Goals

Any organization can set goals. However, an HOA must establish achievable goals within a specified time frame at an acceptable cost to homeowners. In addition, all residents of the community should be able to understand the objectives. 


Find top member companies to help with your yearly repairs. 

SFPMA: STATEWIDE MEMBERS DIRECTORY, FIND TOP COMPANIES FROM TALLAHASSEE TO THE KEYS.

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How The State and Federal Government Regulates Collections by Axela Tech

How The State and Federal Government Regulates Collections by Axela Tech

How The State and Federal Government Regulates Collections

While every state must follow federal regulations, most states have additional laws that regulate how debt collectors interact with consumers, and may also regulate collections specifically when dealing with common interest developments. Use the map below to access the complete guide to your state. We lay out the relevant laws, explain them in plain English, and answer your questions on how your state regulates community association collections.

 

Choose Your State:

HOA and Condo Delinquency Collection For Community Associations.

We are a specialized collections service which means a great deal in the community association industry. Understanding the nuances of how people fall behind in their maintenance fee payments and how to resolve their issues is a science and an art. At Axela Technologies we have what it takes to “move the needle” and recover 100% of what is owed to the association and the best part is that we are totally merit based. IF WE DON’T RECOVER YOUR MONEY WE DON’T GET PAID. A pretty simple concept but a bold promise at the same time.

Our proprietary software is second to none and we have the ability to keep the management and board of directors informed in real time 24/7. Our system never sleeps. The technology is fantastic and is only equaled by the people who will service your delinquent members and work with them to resolve their delinquency issues.

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Online Event: The Ins and Outs of Florida’s New Condominium & Cooperative Safety Law by Becker

Online Event: The Ins and Outs of Florida’s New Condominium & Cooperative Safety Law by Becker

The Ins and Outs of Florida’s New Condominium & Cooperative Safety Law by Becker

Sept 21, 2022  @11am

1LU Credit
Provider: #0000811
Course: #9631710
SB 4D includes significant obligations relating to building inspections and reserve funding and boards are required to comply with the 2022 law by the statutory deadlines. Yet SB 4D is somewhat complicated and will need to be studied, digested and fully understood. Join Becker attorneys Scott Kiernan and Yeline Goin for this class webinar that will address these nuanced issues and answer directors’ and managers’ questions including:
• We had an engineering report performed in the last two years. Will this count as our milestone inspection?
• Can members still waive reserves for painting and paving?
• Can we no longer have pooled reserves?
• What if the reserve company we have doesn’t have an engineer or architect on staff?
• We have a monetary cap in our governing documents on how much we can increase our budget. What now?
• What if all these costs increase our assessments by more than 15% of the prior year’s assessments?
• What if our members simply cannot pay to fund these new reserves or the repairs outlined in the Milestone Inspection?
• What are the potential penalties under this 2022 law for being in breach of one’s fiduciary duties?

Register Now

Event Webinar: NAVIGATING FFHA | ASSISTANCE ANIMAL OR PET? by KBR Legal

Event Webinar: NAVIGATING FFHA | ASSISTANCE ANIMAL OR PET? by KBR Legal

WEBINAR: NAVIGATING FFHA | ASSISTANCE ANIMAL OR PET?

Learn about the HUD regulations and Florida Legislation pertaining to assistance animals, as well as common issues concerning assistance animals and addressing requests by residents for reasonable accommodations.

Provider #: 0005092 | Course #: 9630144 | 1 CE credit in OPP or Elective

 

ENROLL HERE

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.

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

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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

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
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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
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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 

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

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

 

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

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

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