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Statutory Meeting Requirements by Becker

Statutory Meeting Requirements by Becker

  • Posted: Jun 11, 2022
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Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency.

One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. In fact, applicable laws governing the operation of condominium and homeowners’ associations allow board members to communicate by email but prohibits them from voting on issues by email.

Notably, a gathering of a quorum of board members to conduct association business is considered a board meeting (whether taking place in person or by real-time electronic means) and is required to be noticed and open to association members. However, two important exceptions apply. Namely, meetings of the board or an association committee at which the association’s attorney is participating for the purpose of rendering advice upon proposed or pending litigation are not required to be open to association members. Similarly, board meetings held to discuss personnel matters are also not required to be open to association members.

Association members are entitled to speak at open meetings on “designated items” (HOA) or an item on the agenda in a condominium. However, the rights of members to speak at meetings is subject to any rules adopted by the association governing the frequency, duration, and manner of member statements. The right to attend open meetings includes the right to tape record or videotape them, as long as such recording activity is not disruptive. Furthermore, the Division of Florida Condominiums has adopted rules regarding recording condominium association meetings (found in Fla. Admin. Code Rule 61B-23.002(10)), and the Homeowners’ Association Act provides that homeowners’ associations may adopt their own pertaining to recording homeowners’ association meetings.

As such, there are statutory meeting requirements that must be followed for board meetings which must be kept in mind when an association is adopting or changing its procedures. Failing to follow the basic statutory requirements may result in problems. Questions about board meetings, committee meetings, which have their own set of requirements, and members’ meetings should be directed to legal counsel for guidance.

Condo Inspection & Insurance Legislation Webinar Discussion about SB 4D and SB 2D

Condo Inspection & Insurance Legislation Webinar Discussion about SB 4D and SB 2D

  • Posted: Jun 08, 2022
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Condo Inspection & Insurance Legislation Webinar

Discussion about SB 4D and SB 2D

Tuesday, June 21, 2022 | 12 Noon Eastern | Live via Zoom
Join Campbell Property Management, Attorney Michael Bender from Kaye Bender Rembaum and Paul Mack from Mack, Mack & Waltz Insurance for this webinar discussing the impact of SB 4D and SB 2D on community associations.
Attendees will learn about law changes that may impact their community associations in Florida.
If you know anyone who will benefit from webinar, please share this email.
Questions? Contact the host, Campbell Property Management, HERE
The Kaye Bender Rembaum Team Remains Available To You and Your Community Association
Visit KBRLegal.com for awesome free resources, including news with Legal Morsels and Rembaum’s Association Roundup, and our Event Calendar, which lists upcoming free classes.
Join Kaye Bender Rembaum in attendance at this networking breakfast & education event

Join Kaye Bender Rembaum in attendance at this networking breakfast & education event

  • Posted: Jun 08, 2022
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Wed., June 8, 2022 | 7:30am | DoubleTree PBG
Peter C. Mollengarden, Esq., from KBR, will be in attendance.
If you know someone who will benefit from this seminar, feel free to share this email.
Asbestos: The Truth & Nothing But the Truth
Course # 9628540 | 1 CE in OPP or ELE | Provider # 0005930
and
What Every CAM Should Know About Mold
Course # 9630575 | 1 CE in OPP or ELE | Provider # 0005930
Instructor: Robert Lozano, Environmental Pro with The Water Restoration Group
There will be a delicious, free hot breakfast and door prizes!
At the DoubleTree in Palm Beach Gardens
DoubleTree by Hilton: 4431 PGA Blvd. Palm Beach Gardens, FL 33410
If you have any questions or comments about this event, including about registration, please contact Terri Kaye at TSK. Here is how: TSK4Marketing@gmail.com
Kaye Bender Rembaum | Visit Us Online
Pompano: 1200 Park Central Boulevard South; Tel: 954.928.0680
Palm Beach Gardens: 9121 North Military Trail, Ste. 200; Tel: 561.241.4462
Tampa: 1211 N. Westshore Boulevard, Ste. 409; Tel: 813.375.0731
Offices in Miami by appointment: 800.974.0680
KBRLegal | 1200 Park Central Blvd. SouthPompano Beach, FL 33064
Does your community give residents the ability to make online payments? 

Does your community give residents the ability to make online payments? 

  • Posted: Jun 08, 2022
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Does your community give residents the ability to make online payments? 

Concierge Plus give residents more convenience and control by allowing them to view their account and pay charges from their bank account or credit/debit card – all integrated with your existing accounting platform!

  • Spend less time collecting and depositing checks by automating the payment process for your residents.
  • Residents can make recurring or one-time payments from their bank account by ACH or by using a debit/credit card.
  • Residents can access a history of charges and payments on their unit anytime, from any device.
  • Payments are deposited and settle directly into your bank account.
  • Built-in reminder email campaigns help drive online payment adoption and automatically remind residents that they have an overdue balance.
  • Flexible fee structure allows you to pay transaction fees or pass them on to residents.

“I love the platform. I think it’s extremely user friendly and it has so many functionalities. It’s my favorite platform and my favorite tool.” 

Joy Gilbert, Community Property Manager

The Building Group

Book a meeting with me now and let me show you our fully integrated, easy payment solution that gets results.
Best Regards,

Charlote Alvarez

Business Development Representative — Concierge Plus
T: 305-850-7676 x114
charlote.alvarez@conciergeplus.com
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Florida Senate Bill 2-D and 4-D: What You Need to Know!  by Cohen Law Group

Florida Senate Bill 2-D and 4-D: What You Need to Know! by Cohen Law Group

  • Posted: Jun 08, 2022
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At Cohen Law Group, It’s About Justice!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.
(407) 478-4878
Stormwater Specialists can help make sure your HOA’s storm drains are operating properly!

Stormwater Specialists can help make sure your HOA’s storm drains are operating properly!

  • Posted: Jun 08, 2022
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Rain rain… finally went away…
Did your phone ring this weekend?

“The parking lot is flooded!”

Can’t remember when the last time you had an inspection and cleaning of your HOA storm drains? We can help!
Contact us today to find out how our Stormwater Specialists can help make sure your HOA’s storm drains are operating properly!
Contact Information:
954-382-9766
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Allstate Resource Management | 6900 S.W. 21st Court, Bldg. 9Davie, FL 33404
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Today: GET BOARD CERTIFIED FROM YOUR HOME!   June 8th – 6:00 p.m.

Today: GET BOARD CERTIFIED FROM YOUR HOME! June 8th – 6:00 p.m.

  • Posted: Jun 07, 2022
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GET BOARD CERTIFIED FROM YOUR HOME!
June 8th – 6:00 p.m.
IN ADDITION TO ALL THE OTHER TOPICS WE TEACH, NOW YOU CAN LEARN ALL THE NEW LAWS THAT JUST PASSED REGARDING THE DIFFERENT TYPE OF MANDATORY INSPECTIONS, MANDATORY RESERVES, WHO CAN DO YOUR RESERVE STUDY, FIRE SPRINKLER SYSTEMS, ENGINEERED LIFE SAFETY SYSTEMS AND MUCH MORE.
CONDO AND HOA EDUCATION IS ON-LINE! GET BOARD CERTIFIED FROM THE COMFORT OF YOUR OWN HOME.
REMEMBER, IF YOU DON’T GET CERTIFIED WITHIN 90 DAYS OF GETTING ON THE BOARD – YOU ARE OFF THE BOARD.
GET CERTIFIED BY TAKING OUR ON-LINE CLASS. WE HAVE CERTIFIED OVER 20,000 FLORIDIANS ALL ACROSS THE STATE. LEARN ALL ABOUT THE NEW LAWS AND ALL ABOUT CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, BUDGETS, RESERVES, FLORIDA’S NEW EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS AND MUCH MUCH MORE.
TODAY, JUNE 8th, 6:00 P.M.
TO REGISTER: CLICK HERE:
OR CALL OUR OFFICE AT: 954-983-1112
Restore your lake with hydro-raking and enjoy it for years to come. by SOLitude

Restore your lake with hydro-raking and enjoy it for years to come. by SOLitude

  • Posted: Jun 07, 2022
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Hydro-raking helps prolong the longevity of lakes by scooping and removing aquatic weeds and dense muck from the water.

When you step into your lake, do you step into thick, foul-smelling muck? Maybe invasive weeds are hindering your view of the beautiful water?

Remove Nuisance Aquatic Plants and Accumulated Muck with Hydro-raking

Whether you enjoy fishing, boating, or swimming, nearly everyone has a lasting memory that centers around a great experience at a lake or pond. Unfortunately, the effects of time can slowly alter the appearance of a waterbody until it no longer resembles the place you fondly remember. Just as you age, lakes and ponds have a lifespan that is dependent on many factors, including vegetation growth, muck buildup, and more. If it is not properly managed, a body of water will eventually fill in with organic materials until it is no more than a small puddle. Luckily, there are strategies available to help restore the longevity of your favorite lake or pond.

Paragraph 2 - _hydro-rakes can operate.._

Hydro-raking is a tried and true solution to help restore mature waterbodies.

Hydro-rakes can operate in most bodies of water, including those as shallow as 18 inches, and up to depths of 10 feet. A hydro-rake is best described as a floating barge containing a mounted backhoe arm (boom and dipper) with a York rake attachment. These attachments are used to scoop organic materials out of the waterbody, with the ultimate goal of improving water quality, increasing water volume, reducing bad odors, and creating a healthier, more balanced aquatic ecosystem. Most often, this entails the removal of decaying organic matter, leaf litter, tree branches, nuisance or invasive plant species, and other debris from the waterbody.

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Invasive Plant Removal

While native aquatic plants are often beneficial for lakes and ponds, the presence of certain nuisance and invasive species can cause the balance of an ecosystem to spiral out of control. Invasive milfoil, fanwort, and water chestnut, for instance, create dense mats in the water that block sunlight and exhaust dissolved oxygen. These invasive plants reproduce rapidly through both seed propagation and fragmentation. Native plants like cattails and water lilies can also be considered undesirable, depending on the extent of growth and the management goals for the waterbody. Lake and pond owners may utilize hydro-raking to physically remove nuisance and invasive plants. Depending on the undesirable plants present, a professional lake manager may recommend time frames throughout the year most conducive to plant removal via hydro-rake. An effective hydro-raking project will be completed at times when plant fragmentation is least likely in order to ensure lasting results.

hydrorake tinkwig drip

Seasonal Control of Aquatic Weeds

A professional lake manager can design a hydro-raking plan that provides seasonal management of submersed plants and at least 2-3 years of management for floating leaf and emergent species. For particularly dense invasive species infestations, the strategic application of EPA-registered aquatic herbicides may also be necessary to ensure thorough management of the problematic plant. While hydro-raking serves as an effective management tool for the removal of rooted and submersed nuisance plant species, other species can be best managed with additional strategies, like mechanical harvesting, which targets algae and floating leaf plant species such as water hyacinth and giant salvinia.

hydro-raking filling the dredgesox

Utilizing Hydro-raking to Restore Eroded Shorelines

Your waterbody does not need to be overrun with undesirable plants to experience the positive results of a hydro-raking project. Often, it is the best management solution for lakes and ponds containing thick bottom sludge or years of accumulated muck. A hydro-rake can collect up to 500 pounds of muck in each scoop and deposit it on the shore for off-site disposal. Or, the muck can be used to reshape crumbling shorelines using a patented bio-engineered shoreline system called SOX Solutions.

organic muck removal - sediment removal services - dredging services - hydro-raking and mechanical harvesting

Removing Nutrient-Rich Organic Muck

The removal of this muck can be a critical turning point for a lake or pond suffering from poor water quality, bad odors, flooding issues, or nutrient pollution. As leaves, grass clippings, trash, and other debris are swept into a waterbody by runoff during rainstorms, they begin to decompose. This causes them to release unnaturally high levels of nutrients that fuel invasive plant infestations as well as Harmful Algal Blooms, which can produce dangerous toxins with suspected links to degenerative diseases like Parkinson’s, Alzheimer’s, and ALS.

The removal of this nutrient-rich organic material can prevent undesirable plant and algae growth while improving water quality and volume. Ultimately, the best method to ensure your lake or pond maintains its health is preventative management. Biological dredging, for instance, utilizes beneficial bacteria to naturally eliminate excess muck at the bottom of a waterbody. This management tool is excellent for lakes and ponds in need of minor spot dredging or upkeep. Other proactive strategies aimed at reducing muck build-up and nutrient loading include buffer managementnutrient remediation, and aeration tools.

Mechanical Dredge

Restoring Depth in Aging Waterbodies

Hydro-raking can be extremely effective at removing plant matter, organic material, and debris, but mechanical dredging or hydraulic dredging can serve as transformative solutions that will increase depths and remove plant fragments, sediment, and other debris from the site. Though typically thought of as costly and more disruptive, dredging is often the best approach for lakes and ponds that have been neglected or misused for long periods of time. And with the help of bathymetric mapping technology, your lake management professional can help you quantify the rate of sedimentation and predict when dredging will eventually need to take place. With this information, you can better budget for and strategize your future dredging project. It’s never too early—or late—to begin implementing strategies that restore your waterbody for lasting beauty and enjoyment for years to come!

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Video: The Whirlwind Condo Safety Legislative Session is Passed: “Now What”?

Video: The Whirlwind Condo Safety Legislative Session is Passed: “Now What”?

  • Posted: Jun 03, 2022
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The Whirlwind Condo Safety Legislative Session is Passed: “Now What”?

Two bills were presented to the Governor and passed: SB 2D –

Property Insurance and SB 4D – Building Safety Learn about how this will affect your associations.

The following (and more) was discussed:

-Mandatory structural inspections, reserve studies and timelines for repairs

-Changes to florida building code concerning roof repairs and replacements

-New rules on deductibles and time limits for filing claims

-What is RAP and will it reduce insurance premiums

-Changes for contractors and AOBs

-Immediate and long term impacts on associations The panel of professionals include:

-Lisa A. Magill, Esq., BCS (Kaye Bender Rembaum)

-Michael York (Socotec)

-Matt Mercier (CBIZ)

-Michael Kornahrens (Advanced Roofing)

-Rafael Aquino (Affinity Management)

 

The Whirlwind Condo Safety Legislative Session is Passed: “Now What”?

The Whirlwind Condo Safety Legislative Session is Passed: “Now What”?

  • Posted: May 30, 2022
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Lunch & Learn Round Table: The Whirlwind Condo Safety Legislative Session is Passed: “Now What”?

12:00 pm-1:00 pm
06/01/2022
register for the informative round table.
Florida residential property owners are subject to restrictive covenants on their property, be it by a declaration of condominium or declaration of covenants.

Florida residential property owners are subject to restrictive covenants on their property, be it by a declaration of condominium or declaration of covenants.

  • Posted: May 30, 2022
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Robert L. Kaye, Esq., BCS | Legal Morsels

A large percentage of Florida residential property owners are subject to restrictive covenants on their property, be it by a declaration of condominium or declaration of covenants.  In addition to these restrictions, Florida Statutes contain additional restrictions that apply to these properties, some of which involve use restrictions.  For condominiums, the provisions of the statutes are of a heightened significance because but for the statutes, condominium ownership of property does not exist.  However, for homeowners’ associations, restrictive covenants have been in use for centuries, well in advance of the existence of such statutes.  As a result, certain statutory provisions may not apply to every homeowners’ association in Florida.

There is a restriction within both the U.S. and Florida Constitutions that limit the ability of the state to enact a law that will impair an existing contract or vested contractual right.  Use restrictions contained in declarations of covenants have been identified by Florida courts as existing contracts between the property owner and the entity that operates the community under the governing documents (the association). There is also case law in Florida that addresses whether a change in the statute applies to the community based upon if a particular phrase is included in the governing documents (commonly referred to as Kaufman language).

If the governing documents include  Kaufman language, any changes made by the legislature in a given year will automatically be incorporated into the governing documents and apply to that community.  Conversely, if there is no Kaufman language, only what is referred to as “procedural” changes made by the legislature will apply to that community.  An example of a procedural change would be a change in a notice requirement for elections.  Statutory changes that are “substantive” would not apply in that instance to that community.  An example of a substantive change would be requiring the association to take on all exterior maintenance of the residential dwellings (presuming the documents do not already provide for that obligation).  Without the Kaufman language in the governing documents, this latter statutory change would not apply to that community, as such change would likely be considered unconstitutional.

During the legislative session in 2021, Section 720.306 of the Florida Statutes was amended to add subsection (h), which provides, in pertinent part, that any amendment to a governing document after July 1, 2021 that prohibits or regulates rental agreements applies only to a parcel owner who acquires title to the parcel after the effective date of the amendment or to a parcel owner who consents to the amendment (with specific exceptions relative to short term rentals and limiting rentals to up to 3 times a year).  However, under the analysis discussed above, rental restrictions and the ability to amend governing documents are generally considered substantive vested rights.  As such, this new statute appears to  impair the existing contractual rights of many property owners in homeowner association communities.

The first step in considering whether this new rental restriction change applies to a particular homeowner association community is to check the governing documents for Kaufman language (this also assumes that the documents were not initially created on or after July 1, 2021).  Typically, Kaufman language is not included in original documents by developers of communities, but  many associations have added it by amendment after the developer was no longer involved.  If the Kaufman language is in the documents, the new statutory rental restriction provisions apply.  If, however, there is no Kaufman language, the new rental restriction statute would not be applicable to the community.  In this instance, the membership could still amend the governing documents to prohibit or regulate rentals within the community, which should be enforceable against all current owners, regardless of whether or not they voted in favor of the amendment.

The issue of whether or not this new statutory change regarding rental restrictions violates the Federal and State Constitutions has not been tested in the Florida or Federal courts as of this writing.  Before considering amending the governing document in a homeowner association community to create rental restrictions, it is recommended to consult with the association attorney as to the limitations that may apply.