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

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

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 budget, pursues 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.

 

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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

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

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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
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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.

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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
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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 ClaimsA public 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.

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How to Be an Effective Association Board Secretary

How to Be an Effective Association Board Secretary

How to Be an Effective Association Board Secretary

What Does a Secretary of a Board Do?

Every board of directors, whether for a Fortune 500 company or your community association, needs a great secretary. Boards are required by law—and by the association’s governing documents—to maintain certain records for the sake of transparency. The secretary is responsible for maintaining those records accurately, including meeting minutes, bylaws and membership records.

As the official record keeper for the association during meetings, the secretary is a historian who is working in the moment. Ten years in the future, any board member should be able to look back at the secretary’s meeting minutes and be able to understand, in broad strokes at least, what was going on in the community at that time.

Although the secretary’s name may go on correspondence for the association, the onus of those tasks usually falls on professional staff if the community has onsite management. “The secretary ensures consistency and that information is being articulated accurately in any document, whether that’s a notice, newsletter, meeting minutes or anything else that is part of the official record of the association. The management staff may do the legwork, but it’s important to have those checks and balances in place.”

The position of board secretary is a powerful and influential one. Concerning the minutes, for example, what is recorded and what is excluded can be particularly significant for the company. It is often argued that the ideal board secretary should be an objective outsider; not a board member, with no voting rights, and with no agenda other than to organise effective board meetings and facilitate sound governance.

What can happen if you don’t have the right secretary on your board?

Chaos. Legal problems. Confusion. Financial risks. These are just a few of the reasons it’s critical to understand what the secretary does and what qualities he or she should have—and to make sure that your association’s secretary understands them as well.

“I worked with one secretary, years ago, who had no clue what was expected of her and didn’t keep a single official record,” Gilchrist recalls. “There was no backup for any legal matters that needed to be addressed, all the way down to violation notices. She thought the manager would do it all, but it turned out the management company wasn’t holding up its end of the bargain because she wasn’t watching them! We took over management of the community and discovered that we couldn’t provide documentation for a lawsuit because none was kept, not letters to the homeowners, minutes of the approval to fine them, nothing. Ultimately, the board couldn’t hold the homeowners responsible and had to write off those fines as bad debt because the secretary didn’t do her job.”

What makes a good secretary?

Gilchrist says that in her 12 years of experience, the best secretaries have a good eye for detail, are organized and efficient, and always respond in a timely manner. “In my experience, teachers tend to make excellent secretaries,” she says. “They are really good at catching things that need to be restated for clarity when sent to the membership, very organized and accustomed to running on schedule.”

“There’s a secretary I’ve been working with for years who is exceptional at proofreading and reframing thoughts so they are communicated in the most effective way possible,” Gilchrist says. “At year end, she reviews all the documentation we’ve kept and makes sure that it is stored on the right sections of the website or other appropriate place.”

In our experience, the following are key attributes of a successful board secretary:

1: The ability to multitask:
You need to be able to keep several balls in the air at once – preparing meetings, while ensuring that everything is up-to-date and coordinated with the management.

2: Communication skills:
You need to be good at dealing with several tasks at the same time and communicating effectively, so that the people you are working with know what their priorities are.

3: The ability to listen:
It is important to be able to listen, as well as to seek clarity and explanations about deadlines and limits.

4: Insight and understanding:
The board secretary must have a good insight into and understanding of how the company works. He or she must able to translate management theory into practical frameworks and procedures for the organisation.

5: Organisational skills:
The board secretary must possess a good sense of order and be accurate and precise.

 

What does it mean to take meeting minutes?

The minutes of board meetings are incredibly important. Inaccurate meeting minutes can result in confusion, risk of a lawsuit and personal liability issues for board members. Minutes should focus on three areas: recording the actions of the association, noting the reasons behind those actions and keeping a full record of each board member’s specific vote. These minutes should be a summary of the motions made and actions taken rather than a transcript of everything that was said. It can be helpful to use the management report or the meeting agenda to frame the minutes. If the management company takes the minutes and types them up, the secretary must approve them before they are submitted to the board for approval at the next meeting.

Does the secretary have other duties?

Every board, community and state has different rules and regulations, so some secretaries may be responsible for making sure corporation paperwork is filed as required by the state. Other responsibilities may include affixing corporate seals when required for official or legal documents and serving as the witness when important documents require signatures. During election time, the secretary will coordinate the distribution and collection of ballots and proxies as directed by the governing documents and applicable law.

Like all members of the executive committee, your board secretary bears a lot of responsibility for the health and future of your community. Make sure that the right person is in the role to avoid mistakes, oversights and future confusion.

 

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All of a Sudden Everyone Wants Me – Not to Mention My Money! by Steven J Weil, PhD, EA, LCAM

All of a Sudden Everyone Wants Me – Not to Mention My Money! by Steven J Weil, PhD, EA, LCAM

  • Posted: Aug 31, 2022
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All of a Sudden Everyone Wants Me – Not to Mention My Money!

by 

Accountant Fort Lauderdale

A whole new world has opened to me and I don’t like it one bit. As I recently turned 65, the nature of my mail, Facebook feed and email have changed. I have suddenly become the target of every financial planner, investment product, tax savings event, webinar and free meal on the planet.

All of these promotions want to help me solve my retirement issues, not that I had any to begin with but then again, I am just not ready to retire. They know the secret to not paying taxes on my IRAs and retirement plans, so I can live the good life, as long as I have at least $500,000 they can help me.

All this new information got me to thinking; as a tax guy that is a bit of a nerd and spends way too much time studying the tax code, tax strategies, retirement planning and wealth building, what could they possibly know that I missed? So lately I have been spending a lot of time at Webinars, Free Meals and speaking with many of these people whose sole goal in life is to help me. Here’s what I found, so that you won’t have to waste your time.

What I have found is that they do not have a magic way to make my retirement (if I ever do retire) worry free. When they say they can show me how to take money out of my IRA or pension tax free, what they really mean is that I can pay the tax using money I borrow from an insurance company. I “should” move my money, what I need to pay the tax, and that I will then owe the insurance company who will take payment from the death benefit — unless I choose to liquidate the policy, at which time I will have to pay back the insurance company with interest for borrowing my own money. These salespeople are long on ideas but short on details, in most cases, until I commit my money.

In the end most are nothing more than sales people looking to close a deal. Yes, they do care about retirement, but not my retirement. What they care about is theirs. Over the years I have had many clients come to me with asset protection plans that while they may have made it harder for others to sue and take their assets, required thousands of dollars in accounting and tax services, complicated accounting and money be set aside for legal defense should something happen, and they need this heavy-duty protection. In almost every case the cost outweighed the benefit.

This is not to say that you can’t do anything about the amount of taxes you pay in retirement. But this is the kind of planning that well informed tax pros have been using for years. This includes timing IRA and pension distributions into low tax rate years, planning for capital gains and capital losses, using tax favored investments, like municipal bonds, where appropriate and even the appropriate use of annuities when deferral and asset protection is required.

We are hearing a lot about tax changes from the White House and Congress. The proposals include tax increases for families with income over $400,000 (but what will really happen in the end no one knows). Be careful about making moves based on tax changes that are not yet known. Make sure you have the facts and you understand the consequences of any actions you take as well as how those advising you are compensated for what they are advising you.

In the over 30 years we have been helping clients, tax rates have gone up and down, and the tax laws have changed many time, but no matter what the changes we have been able to assist clients in charting a course that makes sense and helps them to do better.

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Congratulations, Jeff Rembaum, Firm Members and Attnys at Kaye Bender Rembaum

Congratulations, Jeff Rembaum, Firm Members and Attnys at Kaye Bender Rembaum

Jeffrey A. Rembaum Once Again Named to Florida Trend’s Legal Elite

Only 1.4% of Florida’s lawyers appear among the exclusive Florida Legal Elite, and Kaye Bender Rembaum is proud to announce attorney Jeffrey A. Rembaum, BCS has once again been selected.

Now in its 19th year, Florida Legal Elite presents the state’s top licensed and practicing attorneys selected by their peers. Florida Trend invited all in-state members of the Florida Bar to name attorneys whom they highly regard or would recommend to others. The list of top vote recipients was examined using Florida Bar membership status and histories. A panel of previous Legal Elite honorees from across the state representing different practice areas reviewed the list of finalists. Congratulations, Jeffrey!

Allison L. Hertz Named Co-Chair of Condominium & Planned Development Committee of The Florida Bar’s RPPTL Section.

The Real Property, Probate and Trust Law (RPPTL) Section of the Florida Bar announced that attorney Allison L. Hertz, BCS of Kaye Bender Rembaum has been named Co-Chair of its Condominium & Planned Development Committee. Ms. Hertz, a Board Certified Specialist in Condominium and Planned Development Law, joins a long line of the most preeminent and respected attorneys in this field of law to have held this position.

“I am honored and proud to serve as Co-Chair for the Committee and will continue to provide input for the betterment of all Florida community associations”, said Allison Hertz. Jeffrey Rembaum added, “Ms. Hertz is extremely knowledgeable in this body of law, and will no doubt be a valuable asset to the RPPTL committee.”

Ms. Hertz is also the Vice-chair of the Condominium & Planned Development Law Certification Review Committee, and she recently served as Chair of the Condominium & Planned Development Committee’s Hurricane Protection Subcommittee, and was a member of the Committee’s Emergency Powers Task Force.

KBR Attorneys Elevated to Firm Members

Danielle M. Brennan, Esq., BCS has been elevated to Firm Member at Kaye Bender Rembaum, P.L in Palm Beach Gardens, FL and Emily E. Gannon, Esq. has been elevated to Firm Member at Kaye Bender Rembaum, P.L in Pompano Beach, FL.

Danielle M. Brennan (pictured top left) is a Board Certified Specialist in Condominium and Planned Development Law. Ms. Brennan joined Kaye Bender Rembaum as an Associate Attorney in the Firm’s community association department in the Palm Beach Gardens’ office in April 2013. Ms. Brennan assists clients on all aspects of community association operations and enjoys leading presentations for managers and board members.

 

Emily E. Gannon (pictured bottom left) joined Kaye Bender Rembaum in April 2012, and assists the Firm’s association clients on all aspects of community association operations. Emily is also a frequent lecturer on community association law, which includes leading seminars providing CEUs for property managers and certifications for board members.

Congratulations to each new Firm Member of the Kaye Bender Rembaum team!

KBR’s Jeffrey Green Attains Florida Bar’s

Board Certified Specialist in Construction Law

The Florida Bar has confirmed Firm Member Jeffrey D. Green, to be officially certified in Construction Law.

Board certification is the highest level of recognition by the Florida Bar and demonstrates an attorney’s significant competency and experience in a specialty field of law. Attorneys must meet stringent application criteria before officially becoming certified, including satisfactory peer review assessments as it relates to proficiency, character, ethics and professionalism, completing the certification area’s continuing legal education requirements and passing a rigorous written examination. Only attorneys who have earned the “board-certification” distinction are allowed to describe themselves as legal “specialists” or “experts” in a specific field.

“Board Certification is an achievement I’m very proud of, and I am excited to continue assisting our clients in construction-related matters and all other areas of association law,” said Jeffrey Green. Michael Bender added, “This is a career milestone for Jeffrey that warrants recognition. He’s an extremely knowledgeable and skilled attorney and we appreciate all he has done for the Firm and its clients.”

Congratulations to Jeffrey Green on this impressive achievement.

Latest Videos with Kaye Bender Rembaum

Association Leadership S3:E12 | August 17, 2022 | SB-4D and more on Preparing your 2023 Budget

Lunch & Learn | Cyberstalking and Defamation in Community Associations

 

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At Cohen Law Group, It’s About Justice!

At Cohen Law Group, It’s About Justice!

At Cohen Law Group, It’s About Justice!

It is more than a slogan, it is our firm’s mantra. The motto, developed by our founder Harvey V. Cohen was derived from our mission statement. We are aggressive, zealous advocates for our client’s rights. Our commitment to our clients is evident by our prompt reply to all phone calls and our 24 hour availability through our phone answering service.

Make sure your legal rights are protected by seeking the legal advice of an experienced Attorney. Contact Cohen Law Group.

Call us today at 407-890-0405 to see how we can help your legal needs. Or click here to fill out a free case evaluation.

 

Contractor Insurance Claim Dispute

Cohen Law Group stands up to these insurance carriers in valid contractor insurance claim disputes. Contractors have a right to be paid, just as the policy holder they are working for has a right to have a valid insurance claim paid.

Homeowner Insurance Claim Attorney

Have you had an insurance claim denied, partially paid, or reduced? If so, we may be able to help. Cohen Law Group stands up to these insurance carriers in valid homeowner insurance claim disputes.

Business Owners Insurance Claims Dispute

Cohen Law Group stands up to these insurance carriers in valid business/property owner insurance claim disputes. We possesses the experience and resources necessary to effectively guide you through each and every aspect of your business/property owner insurance claim dispute.

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Video: 2022 Building Safety Law, SB 4D: You’ve Got Questions, We’ve Got Answers! | Becker

Video: 2022 Building Safety Law, SB 4D: You’ve Got Questions, We’ve Got Answers! | Becker

  • Posted: Aug 30, 2022
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Webinar Video: 2022 Building Safety Law, SB 4D: You’ve Got Questions, We’ve Got Answers! | Becker

Florida’s new Condo Safety law has naturally generated an enormous amount of questions including:

-How do you calculate the number of stories in a building?
-How are large communities with a mixture of building heights and varying proximity to the coastline impacted by this new law.
-What are the engineering qualifications needed to perform Phase II of the Milestone Inspection?
-Can the structural integrity reserve components be placed in a pooled reserve account?
-Can buildings with fewer than three stories continue to waive or only partially fund reserve components that may impact the structural integrity of the building such as the roof and exterior painting/waterproofing

For those of you who haven’t watched our SB 4D webinar, it’s a great discussion of the bill’s provisions, its intent and the questions that are arising as communities begin to implement these new requirements.

Watch it now, Learn the new laws……………

NEW LAWS – WILL THEY AGAIN BE IGNORED BY MANY BOARDS?

NEW LAWS – WILL THEY AGAIN BE IGNORED BY MANY BOARDS?

NEW LAWS – WILL THEY AGAIN BE IGNORED BY MANY BOARDS?

By Jan Bergemann

Year for year we see new community association bills passed, claiming to close more loopholes in laws that have more holes than Swiss cheese. In reality most of these laws are being ignored – or circumvented – because the folks violating these laws are even told by certain attorneys that nothing will happen if they ignore existing laws.

Just take a look at what happened with their ordinances requiring older buildings to have 40-year inspections? Not much, because it seems that nobody ever followed up trying to really enforce these ordinances. After the collapse of the Champlain Towers South people looked into these ordinances – and guess what? In Miami for example, two hi-rise condos were due for the 50-year inspection, but hadn’t even done the 40-year inspection. There were lots of similar examples that many associations plainly ignored these requirements in a timely fashion. That definitely raises the question: Will the enforcement be better now that it is state law?

Many condo-owners plainly refused to vote in favor of fully funded reserves. Did the legislators even ask why before passing a bill that will require fully funded reserves? Definitely not, because otherwise they would have found out that owners didn’t want to fund the reserves for one simple reason: Boards used these reserve funds for all kinds of projects other than intended, and when time came to — for example – have a new roof installed, the roof reserves were empty and a special assessment had to be levied. But what’s the big deal? Instead of a new roof they had nice palm trees when entering the community property.

A bill was offered in the last legislative session that would have taken care of the problem: HB 811 – Condominium Association Complaints and Investigations – filed by Representative Tom Fabricio (R-Miami). But like most of the other bills in the past years that would have created enforcement of all these laws the legislature is enacting on a yearly basis it was clearly ignored.

When will all our elected officials — from county to federal – finally get the message that creating laws without enforcement is just a waste of paper that makes attorneys rich!

 

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Delinquencies and collections are an unfortunate part of Condo/HOA management.  Learn how Axela can help!

Delinquencies and collections are an unfortunate part of Condo/HOA management.  Learn how Axela can help!

  • Posted: Aug 30, 2022
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How Much Should Your Community Pay for HOA Collections?

Mitch Drimmer

When an HOA or condo association experiences delinquency, they end up on a path where there aren’t a lot of options available. Not only are recovery choices limited – placing a lien on the property is just about the only recourse – but so are the kinds of professionals who can help in your recovery efforts. And of those options, most are going to have no problem charging through the nose for their services. This makes knowing how much you should pay for HOA collections difficult.

But we believe your community shouldn’t lose ANY money when it comes to collecting from delinquent homeowners.

Start From the Top

We’ve said (many times) before that HOA and condo dues are the lifeblood of a community. The money coming in from community members helps ensure that things run smoothly–that vendors like landscapers and maintenance team members get paid, that repairs are handled, and that the community is kept up and running at all times. This is why it’s crucial that every community association should have a uniform collections policy in place.

This policy should detail the finer points of your community’s delinquent dues-collection process. It’s basically a set of guidelines that tell residents not only how delinquencies will be treated, but what they can expect in terms of late fees and interest charges for unpaid dues. It’s a way to keep everyone on the same page not only about the importance of the dues to the community but the seriousness of what happens when they go unpaid.

This HOA collections policy is the number one reason why no community should lose money when trying to recover unpaid dues from delinquent homeowners.

Don’t Fall Into the Trap of Foreclosure

Your community’s uniform collections policy is the exact set of steps needed to reasonably start the collections process. Every scheduled late fee or interest charge is designed to incentivize the delinquent homeowner into paying back some, if not all, of the monies owed to the community. No one wants to watch their debt grow into something completely unmanageable, and actions like warning letters and fines are simple and free options to accomplish that goal.

But many associations believe that their best bet for recovery is to initiate foreclosure on the property. That’s completely wrong, even if your lawyer tries to tell you otherwise! Choosing to foreclose is like bringing a flamethrower to a fistfight–it might get you back some of the money your community is owed, but that’s a big “might” and it will cost you an arm and a leg in legal fees to get that measly win. And in the end, one of your neighbors is forced out of their home. Foreclosure is a terrible, desperate move that should only be used as the absolute last resort.

An HOA Collections Solution That Doesn’t Cut Into Your Principal

While your HOA collections policy should be the kick in the pants most homeowners need to pay back their debts, there are some situations where it just won’t happen. Maybe the money isn’t there, or maybe there’s more going on under the surface, but whatever the reason, that isn’t your HOA or condo association’s cue to start throwing more money at the problem.

Axela Technologies offers communities a way to recover their losses without losing out on any of the monies owed. Instead of taking fees from the unpaid HOA assessments, Axela takes our payment from the late fees and interest charges defined in the governing documents. That means even if your community chooses to use professionals to move the collections process along, you won’t lose out on any of the principal – that money your community is relying on getting.

Struggling to recover delinquent HOA or condo fees from your homeowners? Contact Axela today for your no-cost, no-risk consultation to get the collections process going. And if your community doesn’t have a uniform collections policy in place, it’s not too late to incorporate one into your community documents–our free sample uniform collections policy is a great place to start.

Axela leverages technology to substantially reduce the delinquency rate in your community associations by increasing efficiency

We Make the Collection Process Efficient<Axela Tech

Axela is a unique hybrid of a technology company and a collection agency and we focus exclusively on the community association industry. In order for collections to be successful, action must be taken quickly and information must be accurate. We integrate with various accounting software so that we can gather the data required to begin a collections file. Once we have a roster of delinquent units, we begin an intensive underwriting process. We gather thousands of data points from our integration partners to have a complete picture of what position the delinquent unit and it’s owner are in. Our processes range from calculating the value of a property, to determining if its in an equity position, to skip tracing a unit owner to locate where they are and their financial position.

 

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