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. 

How to Be an Effective Association Board Secretary

How to Be an Effective Association Board Secretary

  • Posted: Aug 31, 2022
  • By:
  • Comments: Comments Off on 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.

 

Tags: ,
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
  • By:
  • Comments: Comments Off on 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!

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.

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

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

  • Posted: Aug 30, 2022
  • By:
  • Comments: Comments Off on 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

 

Tags: ,
At Cohen Law Group, It’s About Justice!

At Cohen Law Group, It’s About Justice!

  • Posted: Aug 30, 2022
  • By:
  • Comments: Comments Off on 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.

Tags: , ,
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
  • By:
  • Comments: Comments Off on Video: 2022 Building Safety Law, SB 4D: You’ve Got Questions, We’ve Got Answers! | Becker

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?

  • Posted: Aug 30, 2022
  • By:
  • Comments: Comments Off on 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!

 

Tags: ,
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
  • By:
  • Comments: Comments Off on Delinquencies and collections are an unfortunate part of Condo/HOA management.  Learn how Axela can help!

How Much Should Your Community Pay for HOA Collections?

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.

 

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

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

  • Posted: Aug 18, 2022
  • By:
  • Comments: Comments Off on Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirement

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

The City of Surfside, Champlain Towers South Related Legislation Already in Effect

 

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.

Tags: , , ,
ATTN: CONDOMINIUM & COOPERATIVE Required Building Reporting Deadline January 1, 2023   From the Florida Department of Business & Professional Regulation

ATTN: CONDOMINIUM & COOPERATIVE Required Building Reporting Deadline January 1, 2023 From the Florida Department of Business & Professional Regulation

ATTN: CONDOMINIUM & COOPERATIVE

Required Building Reporting

Deadline January 1, 2023

From the Florida Department of Business & Professional Regulation

718.501(3)(a), F.S./Senate Bill SB4D requires all condominium and cooperative associations with buildings 3 stories or higher to report the following information to the Division of Florida Condominium, Timeshares and Mobile Homes on or before January 1, 2023.

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

 

You may submit this information electronically at: ctmhbuildingreporting@myfloridalicense.com     

or

by USPS mail or hand delivery to:

Division of Florida Condominiums, Timeshares and Mobile Homes

Attention: Building Reporting

2601 Blair Stone Road Tallahassee, FL 32399-1030

For emailing or USPS mailing, we prepared this form for you to use: Click HERE.

condo-cooperative-building-reporting_web


 

You may also provide your association’s information to the Division by simply completing and submitting the Building Reporting form, via this link:

http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/building-report/


 

Tags: , ,
Lake Management: Lake Turnover and Fish Kills The science behind it….

Lake Management: Lake Turnover and Fish Kills The science behind it….

  • Posted: Aug 18, 2022
  • By:
  • Comments: Comments Off on Lake Management: Lake Turnover and Fish Kills The science behind it….

Lake Turnover and Fish Kills

The science behind it….

Lake turnovers generally occur in the fall but can sometimes occur in the summer. During the hot weather, the surface water of a lake warms much faster than deeper water. This results in a temporary layering effect, with warm water on top and cool water underneath. Scientists refer to this as stratification.
Because the top layer has constant access to the atmosphere, it tends to have more oxygen than the bottom layer-even though it’s warmer. If a heavy wind or cold rain should occur during these conditions, the stratification may be broken, causing the two layers to mix. Once this happens the mixing action can result in low dissolved oxygen levels throughout the water column, and can potentially cause a fish kill.
Tags: , ,
Marketing: We publish information daily to all of our Social Media Pages; Facebook, Twitter, Google,LinkedIn …..

Marketing: We publish information daily to all of our Social Media Pages; Facebook, Twitter, Google,LinkedIn …..

  • Posted: Aug 16, 2022
  • By:
  • Comments: Comments Off on Marketing: We publish information daily to all of our Social Media Pages; Facebook, Twitter, Google,LinkedIn …..

Keeping everyone informed “we feel is the most important of all services we offer our members!”

Besides events, advocating for our industry, Helping Condo and HOA’s every day, Aiding the Managers whom are members and call or email us for information, Legal Help, Laws, Vendor Problems, now the New Laws for Florida, our Team is constantly referring clients the members ready to help.

SFPMA uses Social Media to inform Clients, Members and Followers. Groups are open to everyone, we send and promote information about member companies that work together in the Property Management Industry.  Supporting each member company and information; getting this information out to readers new members and our industry is important to us!

When most companies do not realize how important it is to let others know what you do on a daily basis. We watch, we visit many of the social media pages for our members. What we see is alarming!. Far to many companies do not utilize what Social Media has to offer them. This is why we are always looking for posts that we can reshare we realize you are not!

 

Tags: ,