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

Get a fully responsive public website for your community association with your own domain name included! by Conceirge Plus

Get a fully responsive public website for your community association with your own domain name included! by Conceirge Plus

  • Posted: Apr 28, 2022
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Get a fully responsive public website for your community association with your own domain name included! Strengthen your community’s brand with our curated and customizable templates and fully featured mobile app option.
  • Your community website on your own domain name for the most customized resident and staff experience – included in Concierge Plus!
  • Incredibly easy-to-use content management system built right in to your community site.
  • Include data from your site that can be viewed without needing to log in (you pick the content, and there’s no need to maintain two sources of information like with a traditional, separate website).
  • Upload high-resolution images and/or videos of your community, and showcase them in various ways using our curated templates.
  • Want more branding functionality? Our native, fully featured mobile app option gives your community an app searchable and downloadable with your name, logo, and information.
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AMAZING PODCAST THAT DISCUSSES THE COLLAPSE IN SURFSIDE IN DETAIL AND FROM SO MANY DIFFERENT ANGLES.

AMAZING PODCAST THAT DISCUSSES THE COLLAPSE IN SURFSIDE IN DETAIL AND FROM SO MANY DIFFERENT ANGLES.

  • Posted: Apr 28, 2022
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THE MIAMI HERALD HAS PREPARED AN AMAZING PODCAST THAT DISCUSSES THE COLLAPSE IN SURFSIDE IN DETAIL AND FROM SO MANY DIFFERENT ANGLES.

IN TODAY’S MIAMI HERALD, ERIC GLAZER IS INTERVIEWED REGARDING THE LAWS THAT LED TO THE DISASTER AND HOW THE LEGISLATURE IGNORED PRIOR WARNINGS.

TO LISTEN TO THE PODCAST CLICK HERE

EPISODE 8: THE RULES ARE DIFFERENT HERE Almost a year after the tragic fall of Champlain Towers South in Surfside, the Florida Legislature has done nothing to prevent another disaster. It’s an approach often taken in Tallahassee: Miami-Dade County’s problems are its own to fix. But the flaws at Champlain South aren’t necessarily limited to Miami-Dade, or even Florida. They could be present in older waterfront buildings around the world.

Episode 8: The Rules Are Different Here of Collapse: Disaster in Surfside, a new podcast from Miami Herald/Treefort Media, shows listeners how the long-term consequences of the deadly accident are still up in the air — and explores how previous decades of inaction by lawmakers and the Champlain South condo board contributed to the collapse.

Listen to the Podcast and hear the interview with Eric Glazer.

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SHOULD I USE A PUBLIC ADJUSTER? While it would be wonderful if no one ever suffered damage to their property, it would be unrealistic to expect such good fortune.

SHOULD I USE A PUBLIC ADJUSTER? While it would be wonderful if no one ever suffered damage to their property, it would be unrealistic to expect such good fortune.

  • Posted: Apr 26, 2022
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SHOULD I USE A PUBLIC ADJUSTER?

by Steven Sarasohon of Sarasohn & Company Public Adjusters

 

Most states license all insurance adjusters, whether they work for an insurance company or for the public. Adjusters working for the insurance companies are obligated to treat all claimants fairly and impartially. However, they are paid by the insurance companies for their efforts. The state recognizes that you, the policyholder, are entitled to representation and you may retain the services of a licensed public adjuster to assist in the claim process. Sarasohn & Company, founded in 1924, is a fourth-generation public adjusting company based in Boca Raton, FL.  As such, we can provide unparalleled expertise to get you the best possible settlement.

Our president, Stephen Sarasohn SPPA, is the third generation in his family’s business. His son, Bernard, joined the firm several years ago and is following in his footsteps. Stephen has been a public adjuster for 51 years and has held the professional designation Senior Professional Public Adjuster since it was first created in 1987. Stephen’s father, Ira Sarasohn SPPA, was one of the founding members of the National Association of Public Insurance Adjusters. Both Stephen and Ira were founding members of the Florida Association of Public Insurance Adjusters.

Property owners can certainly try to prepare and adjust their insurance claims themselves. However, as with most things in life, a great deal of benefit can be realized by hiring an expert to assist with a difficult and complex task. No public adjuster in Florida has as much experience as Stephen Sarasohn. Stephen has been certified as an instructor by the Florida Department of Financial Services and has taught insurance courses to the other public adjusters for their continuing education requirements. Sarasohn & Company has adjusted claims ranging from burglaries to plumbing leaks, to fires, to hurricanes, to airplanes crashing into buildings. The valuable experience we’ve gained, in our 98 years, benefits every client. We’ve adjusted a great many claims in excess of a million dollars, some of them in the tens of millions.

Not every professional is the same. When you need the assistance of an expert, you should hire the best expert. Contrary to another article on this site, damage caused by your negligence is not excluded.

While it would be wonderful if no one ever suffered damage to their property, it would be unrealistic to expect such good fortune. That’s why we all buy insurance. If you make a claim, the insurance company will have experts to represent their interests and you’d be well advised to do the same. For a free consultation regarding your damage or for a free review of your policy coverages, please contact us at any time at 561-368-5000

 

To Make it easy: You can contact us through Facebook: https://www.facebook.com/Sarasohn-Company-Inc-1571655336409086

On our Website or by Phone:   http://www.sarasohn.net/           (561) 368-5000

And on our Membership Page on SFPMA

 

 

 

 

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Delinquencies are starting to pick up so, Comply with Changing State Association Collections Laws Using Axela Technologies

Delinquencies are starting to pick up so, Comply with Changing State Association Collections Laws Using Axela Technologies

  • Posted: Apr 26, 2022
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Easily Comply with Changing State Association Collections Laws Using Axela Technologies

Are your community association’s collections in compliance with changing regulations?

Community association collections laws are changing. For many years, condominium associations and homeowners’ associations (HOAs) had a lot of freedom when it came to handling unpaid assessments. Community associations were able to pursue home and unit owners who fell behind in a variety of ways, because few state regulations interfered with the association’s right to collect overdue assessments. They were largely free to levy late fees, interest, collection costs, and legal fees against the delinquent home or condo owner. Condominium and HOA management firms, when acting as agents for their association clients, were similarly able to offer a collections process as part of their routine service offerings for their clients. This could include issuing warning letters, demand letters, and other collection notices, or even recording liens.

To say those days are over is an understatement. Although there are no federal regulations in place, many states now have condominium or HOA association collections laws that are designed to protect delinquent home and condo owners. While this type of consumer protection is really important, it’s created an unintentional side effect: community associations are more regulated and challenged than ever before when it comes to collecting the fees and assessments that are the lifeblood of their association.

Compliance 1

Community Association Collections Laws Vary by State

Make no mistake, these state laws must be obeyed and the consequences for violating them can be severe. Some states, like Florida, now require additional notices to be sent for certain types of collection activities, delaying the whole process. Other states, such as Texas, have such rigid requirements that many association management companies would rather pay a small fortune for an attorney than seek out cost-effective collections options, believing this is their best option to avoid risk.

Then you have states like Maryland where community association management firms are actually expected to acquire and maintain collection agency licenses in order to send out bills on behalf of their association clients. This is a huge burden being to place on management companies and creates yet another layer of risk. Maintaining a collection agency license requires extensive knowledge and practice of the current community association collection laws regarding the collection of delinquent fees from HOA and condominium unit owners–management companies should not be expected to shoulder that responsibility.

Compliance 2

Choose an Industry-Specific Collections Partner

Axela Technologies is licensed and insured in every state that we service.  Maintaining that knowledge of association collections law is a sacred duty that we take to heart so we can best serve the industry. We even offer indemnification to the associations and association management firms that retain our services to collect from their delinquent homeowners. This concept is so important, it merits serious consideration for any association management firm that wants to focus on delivering service excellence to its association clients without risking being sued for violating a state collection law.

Keeping up with the law changes in your state can be tedious and difficult. Let a specialized HOA and condo association collections agency handle that worry for you. Talk to one of our condominium and HOA delinquency collection experts to learn how best to collect those overdue fees and assessments while keeping your association management business and your association clients safe from the risk of handling collections without a license.

Compliance 3

 

Get your free collections analysis today and start working with one of our many HOA and condominium association collections experts.

Axela Technologies handles all collections on a merit-based system. We’ll help you make sure you aren’t putting your association at risk by violating federal or state consumer protection laws for your condominium or HOA.

 

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Association Managers and Board of Directors, review and ensure that your capital reserve study is accurate and up-to-date. by The Falcon Group

Association Managers and Board of Directors, review and ensure that your capital reserve study is accurate and up-to-date. by The Falcon Group

Association Managers and Board of Directors review and ensure that your capital reserve study is accurate and up-to-date.

by The Falcon Group

Are You Ready ?

We strongly encourage, that every year around this time association managers and Board of Directors review and ensure that your capital reserve study is accurate and up-to-date. This is one of the smartest decisions a board will make for the future of the association. It is an easy and effective way to ensure your community’s capital replacement items are being properly funded with minimal impact on the individual homeowners.

 

To stay on track for a healthy financial future, it is recommended that your Reserve Study be updated every three (3) years. 

Please contact our Reserve Specialists today for an new or updated reserve study.

 

 

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At Aruba Permit Services – We Specialize in Resolving Open or Expired Permits, Code Violations, and Lien Negotiations!

At Aruba Permit Services – We Specialize in Resolving Open or Expired Permits, Code Violations, and Lien Negotiations!

  • Posted: Apr 26, 2022
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We Specialize in Resolving Open or Expired Permits, Code Violations, and
Lien Negotiations!

Your one stop shop provider for closing all your open building permit needs, providing all the disciplines necessary to close out open permits. We are the leading professionals in the South Florida area including Broward County, Palm Beach County and Miami-Dade County.

A building permit is an official approval issued by the local government agency that allows you or your contractor to proceed with a construction or remodeling project on your property. It is intended to ensure that the project plans to comply with local standards for land use, zoning, and construction. These standards are intended to ensure the safety of current and future owners and occupants and to provide enforcement of zoning and land-use

policies.

https://www.facebook.com/ArubaServices/videos/344428460106436

 

Aruba Permit Services
1413 South Powerline Road
Pompano Beach, FL 33069
Email: info@aruba-services.com
Phone: (954) 786-7292

 

Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices.

Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices.

  • Posted: Apr 24, 2022
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Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices.

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It to the Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, or listen through any podcast streaming app.

Rental Restrictions in Homeowners’ Associations by Robert L. Kaye – KBRLegal.com

Rental Restrictions in Homeowners’ Associations by Robert L. Kaye – KBRLegal.com

  • Posted: Apr 24, 2022
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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.
Robert L. Kaye, Esq. is a Board Certified Specialist in Condominium and Planned Development Law. Mr. Kaye serves on the Florida Bar’s Grievance Committee, the Committee on the Unlicensed Practice of Law and is a member of the Condominium Committee of the Real Property Section of The Florida Bar. He also lectures on Community Association law and is regularly published on the subject. Mr. Kaye hosts KBR’s appearances on the radio show, ‘Ask the Experts’, from 6pm to 7pm, the first Thursday of each month. See his full bio HERE.
THE DIFFERENCE BETWEEN HOA AND CONDO LAW – IT’S LIKE NIGHT AND DAY! by Glazer Sachs

THE DIFFERENCE BETWEEN HOA AND CONDO LAW – IT’S LIKE NIGHT AND DAY! by Glazer Sachs

THE DIFFERENCE BETWEEN HOA AND CONDO LAW – IT’S LIKE NIGHT AND DAY!

By Glazer Sachs / written by Jan Bergemann

To be very honest, I am at a total loss when I look at the HOA Act the Florida legislature created with FS 720. Sometimes I wonder why they created this statute at all, considering that the provisions contained in this statute have no teeth — and it is widely known that even the best laws are useless without any proper enforcement tools.

The history of FS 720 clearly shows that enforcement of its provisions is only possible for homeowners who have lots of spare change in their pockets.

The biggest “joke” in the statutes is one sentence. Many good families lost their homes and life savings because the following sentence headlines the whole Florida HOA Act:

FS 720.302(2) The Legislature recognizes that it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations.

In all honesty, the only ones served by this sentence are specialized attorneys and their bank accounts – to the detriment of the homeowners living in these community associations.

While the FLORIDA CONDO ACT (FS718) has many detailed provisions that can be partially and easily enforced by a regulatory agency (Division of Florida Condominiums, Timeshares, and Mobile Homes), approximately 2.5 million homeowners living and/or owning property in these homeowners’ associations are treated like unwanted stepchildren by the Florida legislature.

With the existing, unenforceable statutes in place, it’s a financially risky proposition for retirees and investors to buy property within these communities. Homeowners are left to fight for themselves with no help to enforce the existing laws.

Simple matters, such as elections, record requests or financial issues, turn into expensive lawsuits that can quickly become monsters eating up families’ life savings. Many homeowners run around with blinders, ignoring permanent violations of Florida statutes, because they don’t want to risk spending their last dime on legal bills.

The proper legislation that would make life in homeowners’ associations much easier – and less expensive – is in place, but only for condominium associations.

The provisions contained in FS 720 are stacked against the homeowners, especially since in many associations budget shortfalls caused by unpaid dues and/or foreclosures are causing heavy financials burdens on the owners still paying their dues.

High legal bills are creating an even bigger hardship on the owners still paying the ever-increasing assessments, caused by the fact that the provisions contained in the HOA Act FS 720 provide no easy solutions for simple disputes.

The question that baffles everyone: Why is the Florida legislature unwilling to enact simple laws that would stop most of these shenanigans we are all reading about daily in the media? The established wording from the condo statutes could easily be used for the HOA statutes. Case law and the Florida Administrative Code is in place.  Nobody has to reinvent the wheel.

But who fights these bills that would simplify life in HOAs in Florida? The only feasible explanation: The service providers, especially the attorneys that claim to lobby for the associations. They are the only ones who benefit from these useless HOA statutes.

It is definitely easier to fleece the owners if the laws are confusing and can be interpreted any way anybody wants. With the statutes for HOAs it is very easy to create mini-dictatorships and fill their own pockets – if some determined folks so desire. Is that what the folks who “invented” homeowners’ associations had in mind when they created these communities?

 

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New to Property Management? Quick Tips for First-Time Landlords By Concierge Plus

New to Property Management? Quick Tips for First-Time Landlords By Concierge Plus

  • Posted: Apr 24, 2022
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New to Property Management? Quick Tips for First-Time Landlords

By Concierge Plus

Being a successful landlord means juggling lots of hats and more importantly, doing so in an organized, efficient manner. Otherwise, you’ll quickly find yourself overwhelmed and unable to do your job effectively – whether that’s answering emails, fixing repairs, managing equipment or any number of the other tasks you’re responsible for.

Learn Everything Possible

As with any major venture, knowledge is key. Before you set out to buy your first property, get to know the market. You’ll need to understand everything from local employment statistics to generally accepted rental rates. Homee further recommends understanding local housing laws and getting familiar with common property management metrics, such as maintenance cost, turnover, and occupancy rates.

If you have very little experience in real estate investing or management, consider taking a course, such as Property Management 101 from Udemy. While, at less than $50, the course is likely not fully comprehensive, it can help you understand the fundamentals and shape your mindset so that you can be a more effective manager.

Find the Right Property

Finding the right property is a crucial element in your management success, especially if you’re looking to turn a profit. But, before you buy, it pays to know why, exactly, people move into apartments or multi-housing units in the first place. Single people will often choose an apartment for the safety aspect, while others may want access to a clubhouse, fitness center, and swimming pool that they do not have to maintain.

When saving money at the beginning is one of your top concerns, you’ll need to take your time deciding on a property. You might wish to speak with a realtor about purchasing a home in “as-is” condition. This is a property that will likely need some work but, if you don’t mind rolling up your sleeves and doing some of the upgrades, seasonal maintenance, and repairs yourself, you can get a good deal and an even better return. Do keep in mind, however, that homes with an active termite infestation or other significant issues may not be the best bet. You should also have the property inspected for any potential red flags and, if possible, include a cancellation clause in the contract should your inspections yield negative results. Real estate agency Redfin suggests having an attorney perform a title search and examine pertinent land records.

Staying Organized & on Top of Things with Concierge Plus

When it is time to open your new property for tenants, being organized is essential. You will need to be able to do everything, like maintaining a resident database, booking amenities, handling service requests, accepting card payments, and tracking visitor/tenant parking. This is where Concierge Plus comes into play. Our Resident Experience Management platform can do these things and so much more. Having a reliable property management app in your toolbox from the very beginning will help you grow and seamlessly add new properties to your real estate portfolio.

Staying organized may not solve all your problems, but it will help you look and be more professional so that you can manage your property effectively. Keeping accurate records, and knowing where those records are, will also save you money in the long run.

Owning your first tenants’ property is a big job. It takes lots of preparations, from learning about local tenant housing laws to finding ways to save money from the very beginning. But, real estate is a rewarding endeavor, and there is lots of income potential.

Watch our On-Demand Webinar

We recently held a webinar on how landlords, property managers, and board members can use our resident experience management platform to help stay organized.

Watch our webinar and learn about:

  • Getting a straightforward snapshot of what’s going on in your community with our Daily Overview feature.
  • Keeping track of all tasks with our Tasks & Reminders module.
  • Keeping a digital record of every piece of equipment in your community with our Equipment Management feature.
  • Distributing information about important happenings on site, or key knowledge that just needs to be handed to the next shift with our Pass-On-Logs feature.
  • Securely storing and sharing all of your community documents with our File Sharing feature.
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