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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.

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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.

The age of a CommunityAssociation opting not to fund reserves is coming to an end

The age of a CommunityAssociation opting not to fund reserves is coming to an end

  • Posted: May 30, 2022
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The age of a CommunityAssociation opting not to fund reserves is coming to an end, and some homeowners could be facing a steep rise in assessments. Becker Shareholder Howard Perl surveys the landscape and offers a few suggestions of how to prepare.

After the Surfside tragedy, everyone wanted to know how such a tragedy could happen and what steps could be taken to avoid similar incidents in the future. What caused the collapse? Could it have been avoided? Why were repairs not made? Why did local governments allow repairs to drag on? Why were repairs not made in a timely fashion? Unfortunately, none of these questions can be answered quickly, and proper answers will require years of study and analysis.

The above questions, and attempts to enact legislative reform to address some of these questions, were a hot topic for the Florida legislature this year. Several counties and the Florida Bar convened task forces in the aftermath of the Surfside tragedy. Primary among the suggested legislative changes for multifamily buildings were periodic engineering inspections, reserve studies, and reserve funding mandates. While all agreed generally in regard to these reforms, at the end of the day, the Senate and House could not agree on the reserve funding issue and, as a result, nothing passed. Currently Florida law can allow for owners to opt to fund less than required reserves, or no reserves. Most legislative proposals included mandatory reserve funding of one type or another. The sticking point was how quickly to implement such mandatory reserves, without the option of owners being able to waive such requirements. Whether to implement immediately, effective in 2022, or over the next three or five years, to allow a gradual implementation, is ultimately what led to nothing being passed. Rather than compromise, which seems to be a forgotten word in Tallahassee these days, legislators could not, or refused, to come to an agreement for the benefit of all condominium and cooperative residents in Florida.

These issues are certain to be re-examined next year. As such, your association should begin recognizing what is most likely coming down the pike and preparing the association and its residents now. Most likely the days are gone when owners will have an opportunity to fully waive reserves. I anticipate mandatory reserve funding of some type will be implemented. Whatever version is implemented, the result will be an increase in annual maintenance assessments. Depending on what is implemented and your association’s current reserve funding situation, some owners may be looking at a significant increase in your 2024 assessments (as the laws I am discussing would be passed in 2023, and most likely effective for the 2024 association budget).

The association should be anticipating and working on these items now. For example, some sort of reserve study requirement is most likely coming. Budget for one now. Get proposals now. Have the study done now. Once mandated by statute, demand will go up, availability will go down, and of course prices will go up. We are seeing exactly that scenario now in regard to structural engineers and 40/50-year recertifications.

In regard to reserve funding, take a good look at your reserve schedules. Get updated estimates of repair costs. Factor in inflation when projecting 10 and 20 year replacement items such as painting, roofing, etc. Any effort to increase your 2023 reserve balances will help lessen any blow of 2024 mandated reserves. Explain these issues to your residents now. Many associations are understandably involved with 40/50-year recertification requirements and other life-safety related issues. Obviously these issues need to be addressed immediately and on an expedited basis. But associations and their members should keep their eye on long-term remedial requirements as well. More oversight; more required inspections; more required repairs; and more required reserves. All of these are good things for 40–50-year-old buildings in a saltwater environment in Florida.

The outcome of the 2022 legislative session once again underscores the inherent problem when all community association ideas are placed in only one omnibus bill. Until our legislators acknowledge this problem and start using stand-alone bills for important proposals, there is always the risk that needed reforms will not pass.

Contact your legislators, tell them you welcome these types of reforms, but they need to be addressed as needed, not all under one take it or leave it omnibus bill. Work with your association leaders on the above discussed items. Don’t be surprised by increased annual assessments, special assessments, and other upcoming expenses. They are coming. Prepare now.

 

Howard Perl is a Shareholder in Becker’s Community Association practice and has been involved in all aspects of community association law, including transactional, collections, mediation, arbitration, construction defects and litigation. He is also Florida Bar Board Certified in Condominium & Planned Development Law.

Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

  • Posted: May 27, 2022
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Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

What does this bill entail?

  • Recertification is now required after 30 years, or 25 years if the building is within 3 miles (5 kilometers) of the coast, and every 10 years thereafter.
  • Condominium associations would be required to maintain sufficient reserves to cover major repairs, and to conduct a study of the reserves every 10 years. Inspection reports would be provided to owners by the condominium association, and if structural repairs are required, owners would be notified and work must start within a year of the report given.
  • If 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.

 

The structural integrity reserve study at a minimum, must include:

  • Roof.
  • Load-bearing walls or other primary structural members.
  • Floor.
  • Foundation.
  • Fireproofing and fire protection systems.
  • Plumbing.
  • Electrical systems.
  • Waterproofing and exterior painting.
  • Windows.
  • 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.

Looking ahead:

The State of Florida Property Management Association (sfpma.com) and the many members are offering their services.  On our members directory Condo & HOA’s all over the state can find the top rated companies to handle their buildings inspections, engineering, fire safety inspections, roofers, painting and waterproofing, plumbers and electricians for all of your Building Maintenance repairs.

On top of these are the Law Firms, that help with making sure your buildings are legaly ready for the changes.

We understand with all of these changes each condo and hoa will need help with funding the reserves into the future, so we did not forget this: Our industry members include the top financial companies, ie: Banks and Loan companies ready to help wth your investments. Act now start saving and growing your reserves, at times you will also need to get  your accounting and bookkeeping with the added help from our collections members to make sure you cn get the funding to perform the many needed repairs.

SFPMA MEMBERS DIRECTORY IN FLORIDA FIND MEMBER COMPANIES FROM TALLAHASSEE TO THE KEYS.

Largest Florida Directory of Companies working with Property Management, Condo and HOA properties.

If you are not listed become a member today!

NEW CONDO AND CO-OP LAWS NOW AWAITING SIGNATURE BY THE GOVERNOR.

NEW CONDO AND CO-OP LAWS NOW AWAITING SIGNATURE BY THE GOVERNOR.

  • Posted: May 27, 2022
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LADIES AND GENTLEMEN: I PRESENT TO YOU THE NEW CONDO AND CO-OP LAWS NOW AWAITING SIGNATURE BY THE GOVERNOR.
IF THEY SOUND SCARY AND IMMENSELY EXPENSIVE, YOU ARE INTERPRETING THEM CORRECTLY. THE FLORIDA LEGISLATURE HAS CHANGED CONDOMINIUM LAW FOREVER. THE COST TO STAY IN YOUR CONDO WILL NEVER BE THE SAME. BUT DON’T BLAME THE FLORIDA LEGISLATURE FROM MAKING LAWS THAT SHOULD HAVE BEEN MADE DECADES AGO BY PREVIOUS FLORIDA LEGISLATURES. THE TRUTH IS…..THIS IS WHAT HAD TO BE DONE. ANYTHING ELSE WOULD HAVE ALLOWED CONDOMINIUM OWNERS TO CONTINUE LIVING A LIE THAT THEIR ASSESSMENTS ARE CHEAP AND AFFORDABLE AND WOULD HAVE ALLOWED THE CAN TO BE KICKED DOWN THE ROAD AGAIN AND PUT LIVES AT RISK..
IRONICALLY, MY REQUEST FOR MANDATORY EDUCATION FOR BOARD MEMBERS WAS NOT INCLUDED IN THE BILL, YET THE BILL GOES OUT OF ITS WAY TO CHARGE DIRECTORS WITH BREACH OF FIDUCIARY DUTY FOR NOT FOLLOWING THESE NEW LAWS THAT MANY WILL NOT BE ABLE TO EVEN UNDERSTAND WITHOUT LEGAL ASSISSTANCE OR EDUCATION.
I DID MY BEST TO PUT THEM IN A FORMAT THAT IS AS SIMPLE TO FOLLOW AS YOU CAN GET, BUT BELIEVE ME YOU WILL NEED TO READ THEM OVER AND OVER TO UNDERSTAND WHAT THE LAW ACTUALLY REQUIRES.

TO GET YOUR COPY CLICK HERE.

New Tree Removal Law Goes Into Effect July 1st

New Tree Removal Law Goes Into Effect July 1st

  • Posted: May 26, 2022
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New Tree Removal Law Goes Into Effect July 1st

Governor DeSantis signed SB 518 into law  May 18.  The bill further amends Section 163.045, F.S. to provide that a local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner has documentation from an arborist or landscape architect that the tree poses an unacceptable risk.  The earlier version of this statute required the tree to present a danger to persons or property.

This new law, which takes effect on July 1, states that a tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices – Tree Risk Assessment, Second Edition (2017).

So what does this mean for your community association? 

This law does not mean that owners in your community may remove trees in violation of your architectural and other requirements although some may wish to interpret the new law in that manner.  This new (untested) law seems to apply to local government requirements and not to association requirements. This new law also does not automatically mean that your association may remove “dangerous” trees from common areas without obtaining the proper approval under your documents, the statute, and local ordinance.

The wording of this new law certainly could have been clearer in terms of tree removal inside mandatory community associations. Please be sure to work with your Becker attorney when the issue of tree removal and this new law arises to be sure that you are properly interpreting and applying the law.

DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

Donna DiMaggio Berger is a member of the College of Community Association Lawyers (CCAL), a prestigious national organization that acknowledges community association attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. Ms. Berger is also one of only 129 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

How to Become a More Efficient Community Association Board Member, By Concierge Plus

How to Become a More Efficient Community Association Board Member, By Concierge Plus

  • Posted: May 25, 2022
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How to Become a More Efficient Community Association Board Member

Whether you are an experienced board member or thinking about becoming one, having a foundation for effective community association board leadership is important.

By becoming a community association board member, you step up to take on positions of service and responsibility. You’re now expected to anticipate issues, solve problems, meet the expectations of residents, and protect property values.

 

Here are five important skills to possess as a board member:

  1. Governing Documents and Roles & Responsibilities. To start you on the right path, you must understand the legal authority for your association. You must have a thorough understanding of the duties and responsibilities of each board member and the professionals who are available to assist you.
  2. Communications, Meetings and Volunteerism. You should also learn how to maximize volunteer involvement in your community association by improving board communications, conducting effective meetings, and building community spirit.
  3. Fundamentals of Financial Management. As a minimum, you should learn the fundamentals of association financial management, including guidelines for protecting your association’s assets, preparing a budget, planning for the future, and collecting assessments. Since the tragic condo collapse in Miami, many board members have realized the importance of risk mitigation and reserve studies.
  4. Professional Advisors and Service Providers. Because putting together the right team to support your association can be challenging, you should seek practical tips on finding, evaluating, and hiring qualified professional advisors and service providers. Visiting CAI’s forum for Community Associations is a good tool for such information.
  5. Association Rules and Conflict Resolution. You should learn the guidelines for making reasonable association rules, enforcing rules fairly and resolving conflict effectively.

Since the tragic Surfside condo collapse, residents are asking for more transparency from their elected board members. Board members can use Concierge Plus as a platform for keeping residents in the loop with regards to anything related to their community.

 

Below are few Concierge Plus features that can help you become a transparent board member:

  • Resident Announcements
    You can send out notices of upcoming meetings using our Announcements module (as well as posting those events on the Community Calendar). Concierge Plus announcements can be delivered to residents by email, SMS, or even through an automated phone call based on the resident’s opt-in preferences. This will save you from having to slip printed materials under your residents’ doors.
  • File Sharing
    You can share important documents such as a Reserve Study with unit owners using our File Sharing feature. This is a password-protected repository for important documents and is a great place to store articles of incorporation, meeting minutes, rules and regulations.
  • Discussion Forum
    Our Discussion Forum feature allows residents and staff to discuss various topics. The forum increases resident engagement by allowing residents to pitch-in with their views on any topic related to their community.
  • Virtual Owner Meetings & AGMs
    As the pandemic eases and we resume in-person gatherings, hybrid meetings are slowly becoming a permanent part of how community associations function.
    Via our all-in-one virtual meeting platform integration with GetQuorum, you can easily add HD web conferencing, automate attendance, enable eligible attendees to vote online, and much more.

 


Concierge Plus

Community association board members should serve with the best interests of their communities in mind. The law imposes a level of care and loyalty, owed by board members to their associations. It is vital that you receive proper education and training in order to understand your obligations and fulfill your fiduciary duty to the association.

Book a meeting with our experts today, and see for yourself how thousands of board members across North America have become more informed and effective using our platform.

 

 

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3 Ways Outside Investors Could Hurt Your HOA (And 3 Simple Solutions) Mitch Drimmer

3 Ways Outside Investors Could Hurt Your HOA (And 3 Simple Solutions) Mitch Drimmer

  • Posted: May 24, 2022
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3 Ways Outside Investors Could Hurt Your HOA (And 3 Simple Solutions)

Anyone trying to buy a home right now knows that the market is a mess and that investors are their only real competition. The Washington Post determined that outside investors purchased a record share of sold homes across 40 major metropolitan areas in the US last year (1 in 7 homes sold!)  But this isn’t just hurting home buyers. That’s a huge number of absentee homeowners renting out space in condos and HOAs. A few long-term renters in your HOA or condo association aren’t a problem in the grand scheme of things, but rentals can get very out of hand very quickly if left unchecked.

Community Associations – It’s a Numbers Game

Keeping investors out isn’t a simple, or even always desired task. Because investors are not inherently bad. Especially in coveted vacation destinations, everyday people want to own a sweet little slice of heaven that they can use as they please and then rent out for the other half of the year. But too many investor-owned properties in your condo or HOA can alter the nature and even purpose of a community association.

The problem with investment properties becoming a significant percentage of your community association’s roster boils down to a potential lack of accountability. It’s kind of like one of those word problems you used to have in math class:

Let’s say you inherit a large garden space, and you are a watermelon lover. You share 500 garden plots with friends and neighbors so you can all grow watermelons to enjoy this summer. In the first year, you all grow delicious, beautiful watermelons, and life is good. But if the following year, 300 of the plot owners start letting people come in and use their soil however they like, the remaining 200 are stuck dealing with the potential consequences. One guy went and planted thistle, and the guy two plots away is planting lavender, and someone else planted cotton which would probably have been fine but now there’s a bull weevil infestation. Now the entire garden is suffering. If all 500 original gardeners were collectively responsible, it wouldn’t be such a challenge to face. But contacting absent gardeners to resolve the messes made by their amateur gardening buddies grows slimmer as the numbers climb– it’s just too much work for too few people.

In the story, your community is the garden, and the 200 who got stuck are the homeowners who are living in their own homes in the community. They are the ones left holding the bag when absentee investors do not respect the rules or engage with their community.

3 Ways Absentee Homeowners Can Hurt Your Condo or HOA

Making Quorum

Homeowner apathy has long been a thorn in the backside of HOAs and condo associations. From dismal meeting attendance to push-back on necessary assessment increases, condos and HOAs struggle when it comes to engaging with their residents. Now imagine half or more of your community’s homes aren’t owner-occupied or even human-owned if a business or conglomerate has bought them as an investment! Getting the votes to amend community documents, raising assessments, implementing special assessments–all of it becomes much harder, if not impossible, to accomplish. If homeowner delinquency reaches dangerous levels, coming back from those losses will be even more difficult to do successfully.

Community Comes Second

Especially when dealing with large, well-funded corporate investment entities, keeping your community, well, a community, becomes increasingly difficult. To a company, your community is a stream of revenue–it’s business! And that isn’t a bad thing on its own, but it can deeply impact everything that goes into creating a harmonious living space. Now it isn’t just about the maintenances that can’t get approved or the special assessments that are needed. Any changes to the community that help improve general camaraderie or success are likely to be shot down by those who are more concerned about their bottom lines than the welfare of families.

Investors Can Stage a Literal Coup

This is not a scare tactic or an “only in the right circumstances” situation we’re talking about–certain state laws, like Arizona’s Condo Act, include language that allows for Termination of Condominium in the event that a specified percentage of the units (80% in AZ) agree to terminate the community association. For investors, this means they could dissolve a community and force the remaining homeowners to sell their homes at “fair market value,” to be determined by an appraiser hired by the 80% calling for dissolution.

3 Ways HOAs and Condo Associations Can Push Back on Outside Investors

Keeping your community healthy is a necessity. Sometimes the best option is to stop potential nonsense before it has a chance to get out of hand. HOAs and condos have some options when it comes to weeding out the bad-faith investors and identifying the good ones that will contribute to your healthy community.

Set a floor.

Implementing rental minimums can be a huge help in staving off corporate investors. One popular option is imposing a minimum length for a lease. Dictating that leases must be over a certain number of days (30, for example) keeps away anyone trying to make a quick buck on pricey weekender rentals. You could also set a restriction on WHEN a tenant is allowed to begin leasing their units. Seven months is a common bar–it’s not so long that it turns away owners looking to have a winter or summer vacation property, but it’s longer than many corporate investors are willing to wait to begin renting a unit, especially when flips these days take so little time.

Set a ceiling.

Setting a bar on the maximum rental occupancy for the whole community is a brilliant way to stop investor encroachment. Limiting the rental percentage well below that 80% threshold we talked about is the simplest way to avoid investors taking over and dissolving your community out from underneath you and your homeowners. By setting a realistic, healthy rental percentage (which will vary by community size and location), boards can minimize the number of investors interested in buying property in the community.

Play to your strengths.

Your authority as the trustees of the community is likely the strongest asset you have when it comes to combatting absentee homeownership. Requiring board approval of all future tenants are one way of slowing short-term rentals. Requiring background checks on potential renters is another tool to utilize. They help protect the community, but also cost the landlord a nominal fee that really starts to add up the more tenants they bring in. And proper enforcement of your CC&Rs, like trash cans being left out too long or damages to community property, will make investors think twice about bringing in a high volume of unpredictable tenants.

Don’t Forget a Collections Plan

Outside investors are here to stay, for better or for worse. Sooner or later, they will have a space in your community, and when that happens, it’s important to consider what that means, and have plans in place to keep them in check. That includes a plan for community collections because even major corporate entities can fall behind on monthly assessments. Axela Technologies can help with any collections efforts your HOA or condo association has, including collecting from corporate investors. Call us today for your no-risk, no-cost consultation.

Allstate Resource Management offers full-service larvicide spraying and/or briquette treatments to attack the insect’s breeding ground.

Allstate Resource Management offers full-service larvicide spraying and/or briquette treatments to attack the insect’s breeding ground.

  • Posted: May 24, 2022
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Mosquitos or Midges BUGGING you?

Allstate Resource Management offers full-service larvicide spraying and/or briquette treatments to attack the insect’s breeding ground. We can also stock lakes and ponds with mosquitofish which is a long-term biological control method that is also environmentally sensitive.
There is nothing like mosquito bites or midges to take
the fun out of activities this summer!
Before mosquitos or midges “BUG” you contact us at:
Direct: 954-382-9766 or info@allstatemanagement.com