How improper landscape fertilization could be causing lake algae!
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The Florida insurance marketplace is in complete disarray. Associations need to be prepared for what the next 18-24 months of a continued hard market will do for their budgets.
as they discuss the status of the insurance marketplace as it relates to property, liability, directors and officers, and umbrella/excess policies. #Webinar
Florida Condo & HOA Law – Powered by beckerlawyers.com
If you’re reading this, it’s likely because your condominium or homeowners association has decided to take action regarding your unpaid assessments. You’ve received the letter from an HOA collection agency and now you have some serious choices to make.
You’re facing a very difficult situation, but there is at least a thin silver lining–your association’s board of directors has decided not to send your file to the association’s attorney. Many associations make the drastic decision to jump straight to the Big Red Button when it comes time to take action about delinquency: engaging the community’s attorney to foreclose. When this happens, even if you fight it in the end, it will cost you a lot of money or your residence. It’s not a nice process but that is how it is done in most cases of owners defaulting on their obligations to their HOA/Condo. Eventually, you will pay what you owe and that will also include attorney fees and costs.
Instead, you have an opportunity now to avoid all that potential sunk money and aggravation by working with your HOA or Condo and their collections partner.
If your HOA or Condo association has engaged an ethical collection agency (like us), then you are in luck. It is almost as if the HOA has given you a second chance at redemption at a reasonable cost! Though it may seem counterintuitive to believe that a collection agency would be good news, it is. You’re not being forced to settle with an attorney and saddled with outrageous attorney’s fees. Instead, you should be able to make your community whole on a reasonable payment plan without the added costs and fees of engaging legal counsel.
An HOA collection agency such as Axela Technologies should understand that every delinquency has a story and families behind it–that the people who are delinquent do not all deserve to be foreclosed upon. An HOA collection agency should not only reach out to talk to you but should work with you and your needs. Getting on the phone to review and seek out solutions is what they do. Payment plans are often very effective and serve to not only make the association whole but increase harmony among the owners.
If you are really squeezed for funds, it may be worthwhile to consider alternative funding options, such as a Home Equity Line of Credit. If this is an option you’re thinking about, though, keep in mind that you’ll need to work quickly, because if the HOA puts a lien on your property, then there will be an obstacle to getting this credit facility.
At the end of the day, the best advice is the same advice we would have given the moment you got your first warning letter: pay attention to the notices that your management company and board of directors send you. This is one situation that cannot simply go away on its own, and should it escalate and the board sends you to an HOA collection agency, move fast. Get in contact with them and begin the process of getting yourself paid up and securing your residence.
However, if your HOA or condo association is still using an attorney to recover delinquent assessments, or is using a generic or predatory collection agency, perhaps your board can take a more appropriate response and engage Axela Technologies. We specialize in HOA and condo association collections, and take an ethical, human-focused approach when handling delinquency and recovery. Call us today to get more information for your community.
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WHAT WE PROVIDE CONDO & HOA’S
Property Inspections & Site Analysis
Review of your Insurance Policy
Damage Report Backing up the Claim
Loss Estimates Documentation
Negotiation and Settlement with Insurance Companies
Tags: Public Adjuster Articles, SFPMA Articles
Q: I am considering running for the board of my condominium association. However, there is a lot of work involved in being on the Board. It can be a thankless position, which discourages many owners from volunteering. Can we compensate the members of the board as a way to encourage people to serve?
A: The Florida Condominium Act states that unless otherwise provided in the bylaws, the officers and the directors shall serve without compensation. So, unless your association’s bylaws provide for such compensation, compensation is prohibited.
The Florida Homeowners’ Association Act contains similar language.
While your sentiments are spot on, boards being paid for their service is very rare in the community association realm. I do think there would be some basis for concern as to whether paid directors would be held to higher standards of legal liability, as well as whether the typical nonprofit Directors and Officers Liability Insurance Policy written to cover association directors would be available.
Q: I received the first notice of my condominium association’s annual meeting just over a month ago. The first notice included a “Notice of Intent” form that had to be submitted by any owner wishing to run for the board of directors by the stated deadline. One of the owners that submitted a Notice of Intent is behind on the payment of her assessments. However, she told our association manager that she would pay her assessments in full before the election. Can she run for the board as long as she pays her assessments before the election?
A: A unit owner desiring to be a candidate for the board must give written notice of his or her intent to be a candidate to the association not less than 40 days before a scheduled election. The law states that an owner must be eligible to be a candidate to serve on the board at the time of the deadline for submitting a notice of intent.
The Florida Condominium Act contains a number of eligibility requirements for candidates, one of which is that the candidate must not be delinquent in paying any assessment to the association. According to changes in the Act that became effective on July 1, 2021, a person is considered “delinquent” if a payment is not made by the due date of the assessment as specifically identified in the declaration of condominium, bylaws, or articles of incorporation.
Prior to the July 1, 2021 changes, an individual was not eligible if they were delinquent in the payment of any “monetary obligation” to the Association (as opposed to the current version of the law which states delinquent in the payment of assessments). For example, someone who had not paid a fine would be ineligible under the old law, the new law limits eligibility to assessment payment.
If the candidate in your community was delinquent on the 40th day before the election, this individual would not be eligible to be a candidate and cannot be listed on the ballot.
Q: Most of the members of our board will be leaving our condominium soon to go back to their Northern residences, making it very difficult for us to have in-person board meetings. Can our condominium board vote via e-mail? (M.J.)
A: The Florida Condominium Act specifically provides that members of the board may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. Although there may be certain day-to-day decisions that do not require a vote of the board that can be discussed via e-mail, any action that requires approval of the board under your condominium documents or the Act must be done at a duly noticed and open board meeting.
The good news is that the Condominium Act does allow board members to participate in a meeting via telephone or real-time videoconferencing. If a director participates via videoconference, for example, the director’s participation counts towards a quorum, and the member can vote as if physically present.
Jennifer Biletnikoff is a Board Certified Specialist in Condominium and Planned Development Law and represents condominium, cooperative, mobile home and homeowners’ associations located throughout Southwest Florida including Collier, Lee, Sarasota and Charlotte Counties. She has particular experience in covenant enforcement and foreclosure law, and has also practiced in the areas of commercial, business and tort litigation.
Tags: Board of Directors, Condo and HOA, Management News, Members Articles
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ORLANDO, Fla. – On Friday, dozens of new laws will take effect in Florida kicking off the month of July. The laws cover a range of topics from school safety to smoking on the beach.
Here are a few of the laws that take effect July 1:
This means smoking will no longer be allowed on Florida beaches. Local governments can restrict smoking on public beaches and in parks. That also goes for littering: You could face a strict fine for tossing a cigarette butt on the beach.
Environmental experts say this will help not only the health of people but sea life too.
Widely dubbed the “Don’t Say Gay” bill by critics, the law bans teachers from giving classroom instruction on “sexual orientation” or “gender identity” in kindergarten through third grade.
A new K through 12 law concerning controversial books also goes into effect on Friday.
The law requires school districts to have a procedure in place that allows parents to see all of the books in the library and classroom. The law also gives parents the opportunity to review all books and set curriculum standards.
Besides books, the law creates a 12-year term limit for school board members.
The new law will require apartment landlords to conduct background checks on employees, a response to the September murder of a Valencia College student. Criminal and sexual-offender background checks will be required for apartment-complex employees. Also, tenants will have to be given 24 hours’ notice before workers can enter apartments.
The measure was crafted after the death of 19-year-old Miya Marcano, who was found dead a week after she went missing from her Orlando apartment.
This will make it possible for low-income mothers to have access to free donated breast milk. The bill authorizes the Agency for Health Care Administration to pay for donor milk to distribute to families on Medicaid if they want it.
HB 1435 will allow officers to give a ticket to drivers who are playing music so loud that it can be heard 25-feet from the vehicle. The bill specifically mentions car music playing too loudly near churches, schools, or hospitals.
The battle over dessert will finally be over! On Friday, strawberry shortcake will be the official Florida state dessert. That’s leaving a sour taste in the mouths of people who have loved key lime pie all these years. However, key lime is the state’s official pie.
This law requires a more detailed security plan. It requires that schools have a guide to reunite students with family in the event of an emergency. The law sets rules for emergency drills requiring law enforcement officers who will be responding to the emergency to be there and participate.
It even addresses student mental health. At least 80 percent of school personnel will be required to be certified in youth health awareness training, beginning July 1 of next year.
Just in time for the July Fourth weekend, this is allowing the courts to impose a fine for boating collisions and accidents.
The law requires certain boating safety education courses or temporary certificate exams to include items like dangers associated with passenger safety, operating a boat or jet ski near a person who is in the water, and proper use of engine cutoff switches. It also mentions companies that rent and provide water sport activities and instruction must use a working engine cutoff switch.
Stock up on those diapers! This is the opportunity to buy certain items, including diapers, without paying Florida state sales tax. A tax holiday for children’s diapers, books, clothing and shoes will be in effect for one year.
School supplies including clothing, wallets, and bags will have tax exemptions starting July 25 and lasting until August 7. Now that hurricane season is here, you may want to consider buying impact-resistant windows and doors, which will remain tax-free for the next two years.
The new law aims to change how Florida cares for these individuals by recognizing certified peer specialists as a support role in recovery. These are typically people who have recovered from substance abuse and mental illness and are helping others get through similar situations.
Under the new law, family members and caregivers will also be eligible for certification. Specialists must undergo background checks and pass a competency exam before being certified.
This new law allows Floridians easier access to those cards in cases of financial hardship or failing a driver’s test. If someone can’t afford a new card, they can get one for free as long as they have a valid voter’s registration card.
The same goes for anyone 80 years and older who cannot get a new driver’s license because they failed the vision test.
The Florida Standards Assessments (FSA) will be eliminated and the State Academic Standards will take effect.
The law removes standardized testing in schools and replaces it with three different tests throughout the year to monitor progress. Those tests will take place at the start, middle, and end of the school year.
Florida high school students will be required to take a financial literacy course as a condition for graduation.
The financial literacy course would have to include instruction on types of bank accounts and how to open and manage accounts, completing loan applications and computing federal income taxes.
Tags: Legal and Lobbing, SFPMA Articles
Now That Safety Reform Legislation Has Passed, Prepare!
by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.
The tragedy at Surfside was a wake-up call for many of Florida’s high-rise residents and legislators.
To recap, in a Special Session on May 26, 2022, the Florida Legislature unanimously passed Senate Bill 4-D. The Safety Reform Bill comes with a deadline of December 31, 2024.
This means that Florida has now imposed a state-wide structural inspection program for condominium and cooperative associations that are three (3) stories or more in height. Buildings with a certificate of occupancy that was issued on or before July 1, 1992 must have an initial “milestone inspection” performed before December 31, 2024.
What is a Milestone Inspection?
A milestone inspection is a structural inspection of a building’s load-bearing walls and primary structural members/systems. They must be performed by a Florida licensed engineer/architect who must attest to the life safety and adequacy of structural components of the building.
The inspection consists of two phases:
Phase one — Visual examination of habitable and uninhabitable areas of a building. If there are no signs of structural deterioration found, phase two is not required.
Phase two — If substantial deterioration is found during phase one, phase two may involve destructive or nondestructive testing at the inspector’s discretion. This additional inspection may be as extensive or limited as necessary to fully assess areas of distress.
Community association managers or management companies working with associations that are subject to this inspection must comply as directed by the board. Upon receiving notice from a local law enforcement agency, condominium/cooperative associations will have 180 days to complete phase one of the inspection.
What About Reserves?
Beyond that, also effective December 31, 2024, no unit owner-controlled condominium or cooperative will be permitted to vote to waive or partially fund their reserves.
Condominiums and cooperatives must adequately fund reserve accounts, and the amount is determined by the most recent structural integrity reserve study, also required.
Unanswered Questions Remain!
What are the definitions and requirements for certain items that will be hashed out in the coming months by state and local building departments and regulators?
What will the costs be for milestone inspections and required reserve studies?
Will there be enough Florida licensed Engineers and Architects to handle the number of statewide inspections?
How much will the new mandatory reserve items add to the cost of owning and or renting in a condominium or coop?
What provisions, if any, can be made for financing the necessary phase two required repairs?
What Does It All Mean for Boards and Residents?
Clearly, the short answer to the question “what now” is PREPARE.
Costs of materials are rising. The sooner the work gets done, the lower the cost is likely to be. It makes sense to start now to interview potential engineers and architects.
It makes sense for Boards to review association documents and to educate residents about how the new laws will affect them.
Deciding what repairs to make will surely be controversial.
Many associations have not been funding reserves or only partially funding them for years. The mandatory change to fully fund is sure to be a costly and unwelcome adjustment.
It does seem clear that based on the new law the cost of maintaining and living in an association will increase and that this will impact many of the residents.
Royale Management Services, a registered and licensed community association management corporation in Florida, works with association Boards of Directors throughout South Florida to oversee the daily activities required for proper management, helping to educate them on their responsibilities, duties, and obligations. Royale’s team members are highly trained in all aspects of community association management and customer service to ensure that proper procedures are followed that keep the association in compliance with all of the rules governing elections, budgeting, accounting, operation, collection and assessment. The firm and its president are members of the Community Association Institute (CAI) and the Fort Lauderdale Chamber of Commerce.
SFPMA works throughout the State of Florida, we are a multi-member organization for the Condo, HOA and Property Management industry. Through knowledge based Articles, Events and our Members Directory, Clients find the right information to make an informed decisions for their Florida properties.
