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Why Condominium Associations Must Obtain Approval Before Work Begins and A Plea To The Florida Legislature For A Remedy by KBR Legal

Why Condominium Associations Must Obtain Approval Before Work Begins and A Plea To The Florida Legislature For A Remedy by KBR Legal

  • Posted: Jan 12, 2022
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Why Condominium Associations Must Obtain Approval Before Work Begins and A Plea To The Florida Legislature For A Remedy

 

When it comes to material alterations, some might say that homeowner associations have it easy compared to condominium associations. For a homeowners association, because Chapter 720, Florida Statutes is silent on the issue, unless otherwise provided in the governing documents, decisions regarding material alterations are made by the board. But, as to condominium associations, and as their board members should know, §718.113(2), Florida Statutes, requires advance membership approval for material alterations to the common elements and association real property. In this regard, there is no parity between the Condominium Act versus the Homeowners Association Act.

Before explaining further, a reminder of the Florida’s Fourth District Court of Appeal  definition of what constitutes a “material alteration” from the seminal case Sterling Village Condominium, Inc. v. Breitenbach,  251 so.2d 685, 4th DCA (1971) is in order. As explained in Sterling,  “as applied to buildings the term ‘material alteration or addition’ means to palpably or perceptively vary or change the form, shape, elements or specifications of a building from its original design or plan, or existing condition, in such a manner as to appreciably affect or influence its function, use, or appearance.”

Prior to July 1, 2018, §718.113(2)(a), Florida Statutes, provided that no material alteration or substantial addition can be made to the common elements or association real property without the approval in the manner provided for in the declaration, or if the declaration is silent, then by 75 percent of the total voting interests of the association. As adopted by the 2018 Florida legislature, (effective July, 1, 2018), §718.113(2), Florida Statutes was amended to provide that approval of the material alteration or substantial addition must be obtained before the work commences.

 

The current language of §718.113(2)(a), Florida Statutes, provides as follows:

Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018. [Emphasis added]

Prior to the 2018 amendment, §718.113(2), Florida Statutes, did not expressly provide that the approval must be obtained before the material alteration or substantial addition was commenced. However, in a recent decision by the Third District Court of Appeal, the Court held that approval was required before the material alteration or substantial additions were commenced even before the language of §718.113(2), Florida Statutes, was amended to include the advance approval requirement!

In Bailey v. Shelborne Ocean Beach Hotel Condominium Association, Inc., Nos. 3D17-559, 3D17-01767 (Fla. 3d DCA July 15, 2020), unit owners brought a claim against their association alleging that the association violated §718.113(2), Florida Statutes, by failing to obtain the approval of the membership before commencing a large construction project which, they argued, constituted a material alteration to the common elements. Later, both parties agreed that all but two of the alleged “material alterations” actually constituted necessary maintenance that the association was authorized to commence without a vote of the membership.

The association alleged that the remaining two construction items were also necessary maintenance, which was an allegation the unit owners disputed. The trial court held that the remaining two alleged material alterations were valid notwithstanding whether they were necessary maintenance or material alterations because the association eventually obtained the approval of the membership (presumably after the fact). Therefore, the trial court reasoned it did not need to make a determination as to whether the two items were material alterations since the membership approved them, albeit in a tardy fashion.

On appeal to the Third District Court of Appeal, the unit owners challenged the trial court’s decision arguing that the statute required the association to obtain approval for material alterations before it commenced the work. Therefore, the plaintiff unit owners argued that the membership could not provide their consent and approval posthumously. As the construction project at issue took place between 2010 and 2016, the applicable version of §718.113(2) did not include the express requirement that approval be obtained before material alterations are commenced. However, the Court still held that the portions of a construction project that do not constitute necessary maintenance must be approved prior to commencement.

The court explained that “based on the structure of the statute, the 75 percent approval requirement is a condition necessary to overcome the statute’s clear prohibition, insofar as any of the construction work amounts to material alteration or substantial additions.” However, because the trial court did not rule on whether the two items at issue were material alterations or necessary maintenance, the Court was unable to determine whether a vote of the members was pre-required and remanded the case to the trial court for further proceeding to determine the nature of the two construction items.

Because the Court did not make a final determination whether the two construction items constituted necessary maintenance, the Court did not address the remedy for the association’s failure to obtain the advance approval of the membership. Additionally, the law fails to address the remedy when an association does not obtain membership approval before commencing a project.

In cases of material alterations already completed which required the advance approval of the membership, the present version of §718.113(2), Florida Statutes leaves no room whatsoever for the court to order an association to posthumously acquire the membership vote or put things back the way they were. Rather, the only remedy that appears available to the court would be to restore the common elements to its pre-existing state (or as close as can be accomplished under the circumstances), which explains why a legislative fix to §718.113(2), Florida Statutes, to provide for additional remedy would be helpful.

There is a very important lesson to be gleaned from the Bailey case. If your association is considering a material alteration of any kind, then the association would be wise to attain the required approval before commencing the project to avoid a successful legal challenge. If the association fails to obtain the required approvals before commencement of the project, in the event of a legal challenge, the association may well be required to undo whatever alterations were made to the common elements as Bailey suggests this was the case even before the relevant statute was amended. This can result in significant expense to the association, not to mention having to explain what happened to many irate unit owners.

 


Remember, prior to commencing any material alteration or substantial addition, be sure to consult your association’s attorney to ensure you comply with the requirements of the Florida law and your association’s governing documents.

1200 Park Central Boulevard South, Pompano Beach, FL. Tel: 954.928.0680
9121 North Military Trail, Suite 200, Palm Beach Gardens, FL. Tel: 561.241.4462
1211 N. Westshore Boulevard, Suite 409, Tampa, FL. Tel: 813.375.0731

 

 

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Wed Events: Jan 12, 2022  Take advantage of these Informative Webinars

Wed Events: Jan 12, 2022 Take advantage of these Informative Webinars

  • Posted: Jan 11, 2022
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ELECTIONS: CONDOS, HOAS AND CO-OPS 01/12/2022  11:00 am – 12:00 pm

WEBINAR Florida

ELECTIONS: CONDOS, HOAS AND CO-OPS  01/12/2022  11:00 am – 12:00 pm  https://us02web.zoom.us/webinar/register/WN_RzIt7aIQSDKZ9RYu7z9PBQ Course #: 9630571 | Provider # 0005092 | 1 CEU in HR or ELE Instructor: Allison L. Hertz, Esq., BCS RSVP HERE


SO YOU LIVE ON A LAKE?  by Allstate Resource Management

SO YOU LIVE ON A LAKE?  by Allstate Resource Management Thursday, January 12, 2022  11:30am-12:30pm 1 CEU – COURSE NUMBER: 9629011 One FREE OPP/ELE CEU for Property Managers Property managers will recognize the aquatic landscape and understand the importance of proper maintenance. Emphasis will be on the benefits of biological and chemical controls for long term lake management. Participants will become familiar why our “man-made” lakes are so important in South Florida. Participants will also learn contributing factors to algae occurrence and how it can be treated and controlled. They will become aware of invasive and exotic plant characteristics with examples. Call 954-382-9766 to register for this free educational course!


MANAGING YOUR ASSOCIATION – 20 Things to Know /Jan 12, 2022 Katzman Chandler

WEBINAR Florida

MANAGING YOUR ASSOCIATION – 20 Things to Know / Katzman Chandler Wednesday, January 12, 2022 from 1:00 PM to 2:00 PM EST Matrika Shepherd Katzman Chandler 954-486-7774 mshepherd@katzmanchandler.com Looking to hire a new manager or management company? What do you need to know? What pitfalls do you want to avoid? Come to this class and find out about Management contracts, authority, duties, and responsibilities.


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Keep up to date each month with Condo, HOA & Management events all over Florida

 

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ANOTHER STUNNING GRAND JURY REPORT ABOUT FLORIDA CONDOMINIUMS  By Eric Glazer, Esq.

ANOTHER STUNNING GRAND JURY REPORT ABOUT FLORIDA CONDOMINIUMS By Eric Glazer, Esq.

  • Posted: Jan 11, 2022
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ANOTHER STUNNING GRAND JURY REPORT ABOUT FLORIDA CONDOMINIUMS

By Eric Glazer, Esq.

I’ll tell you something – I give a lot of credit to Kathy Fernandez Rundle, The State Attorney for Miami-Dade County.  She actually prosecutes cases of condo fraud, years ago she assembled a grand jury to make recommendations to the state legislature regarding condo crimes, kickbacks, conflicts of interest and the grand jury’s findings turned into legislation ———- and now, in light of the tragedy in Surfise at The Champlain Towers collapse where 98 innocent people lost their lives —– she assembled another fact finding grand jury, this time to investigate the laws regarding inspections of our buildings and how we waive  reserve funds.

The last Miami Dade Grand Jury wrote a scathing report regarding condo crime, saying it was rampant — and people get on the board just to divert the condo’s business to their relatives or even their own companies.  Well, this Grand Jury pulled no punches either.

As you know, the current law allows all condos the opportunity to waive the full funding of reserve accounts for major repairs or replacements.  All it takes is a lousy vote of a majority of a quorum of the owners who attend a meeting.  So, if in your 100 unit condo, a quorum of owners is typically 50 or less.  So, if 50 or more people show up either in person or by proxy, a majority of them can change the budget to completely exclude reserves, and as we know it’s typically done year after year after year.

Here is what the Grand Jury said about that:

“We Are At A Loss To Understand Why Such Language Would Even Be Included In The Florida Condominium Act.”  They eventually said that at a minimum, it should at least require a 70% vote of the owners to waive reserves.  So, you can rest assured that this one finding by the grand jury will work its way into new condo legislation in the next 2 months as the Florida Legislature is now in session. It’s going to become real difficult real soon, to completely refuse to fund your reserve account.  Surprisingly,  the grand jury didn’t say a word about requiring properly licensed personnel to do the reserve  account analysis each year., instead of joe the butcher, fred the cab driver and joan the teacher, each of whom are not qualified to do the reserve analysis.

In terms of the 40 year certification process for Dade and Broward, The Grand Jury recommended that buildings should be given a  2 year advanced notice to perform the 40 year inspection.  And of course 40 years is way too long for the first inspection.   The first inspection and certification should be 10 – 15 years after the building is constructed , and the condominium inspection should be updated every 10 years.  I think you can rest assured  that The Florida Legislature will probably make this a law throughout the state, not only in d\Dade and Broward counties.  In fact, a bill has already been filed in the senate that would require the inspection of all condos in the state over 3 stories, after 30 years and every ten years thereafter.

As the law stands right now in Dade and Broward —- for the 40 year certification — the inspection only involves the structural and electrical issues.  Well, you can throw that right out the window according to this grand jury.  going forward,

 

The Grand Jury recommends that all of the following components must pass inspection:

roof, structure, fireproofing and fire protection systems, elevators, heating and cooling systems, plumbing, electrical systems, swimming pool or spa and equipment, seawalls, pavement and parking areas, drainage systems, painting, irrigation systems.  This is a much more comprehensive and much more expensive inspection report than what we have now.   Condos better get ready to put these costs into their budgets if this legislation passes.

Even the qualifications of the people doing the certifying would change.    The Grand Jury wants any engineer certifying a building in connection with an inspection —— must have previously designed and inspected at least 3 buildings of the same or greater height as the building to which is to be recertified.

The Grand Jury opined that building officials must require proof of waterproofing and painting every 10 years.  They specifically found that ” a failure of condo boards to implement much needed repairs and maintenance has led to unsafe building structures throughout South Florida.  They reminded everyone that associations who don’t comply with the insurance company’s requirement of routine maintenance may result in a denial of the claim.”

They even recommended that building officials should check to see if the condominium is performing routine maintenance and condo boards should be required to file a document certifying that regular routine maintenance has been conducted in the last 12 months.

And thankfully, The Grand Jury believes that the education requirement for board members be expanded.  As you know, I drafted Senate Bill 394 filed by Anna Maria Rodriguez and House Bill 547 filed by Representative David Borerro, The bill would require board members to get certified by taking an educational class rather than getting certified by signing a silly form.  Florida would be the first state in the country to require that.  That would be my legacy and I have my fingers crossed.

All I can say is……when you factor in the insane rise in the price of insurance, and the changes we know are coming in this legislative session, it’s about to get a lot more expensive to live in your condominium.  Get ready to buckle up and hold on.  It’s going to be a bumpy ride.

To view the actual Grand Jury report click here.

 

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Condo Craze and HOAs Radio Show on 850 WFTL every Sunday 11am – 12pm  Is now live on YouTube!

Condo Craze and HOAs Radio Show on 850 WFTL every Sunday 11am – 12pm  Is now live on YouTube!

  • Posted: Jan 10, 2022
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Condo Craze and HOAs Radio Show on 850 WFTL every Sunday 11am – 12pm  Is now live on YouTube!

Condo and HOA Boards and Owners you can now watch the show ask questions.  Each Sunday morning we will bring to you topics and discussions for out industry.

Subscribe to our YOU TUBE PAGE. 

Condo Craze and HOAs In 2009, Eric began a career in radio, starting and hosting the weekly Condo Craze and HOAs Radio Show on 850 WFTL. Eric answers questions from the callers week in and week out and the show has become incredibly popular throughout the state. For more information, and to listen to past shows.

Eric M. Glazer is a native of Brooklyn, New York Mr. Glazer obtained his B.A. in Political Science at New York University. While at N.Y.U., Mr. Glazer was employed in the Kings County District Attorney’s Office. Mr. Glazer obtained his Juris Doctorate at the University of Miami School of Law. In 1994 he established Glazer and Associates, P.A. and has focused his career on representation of community associations and their members.

Visit our Website: https://www.condocrazeandhoas.com Board Certification Classes Eric has certified over 12,000 board members in the State of Florida, who are now eligible to serve on either a condominium or homeowner association board.

 

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Selective Enforcement: A Grossly Misunderstood Concept by KBRLegal

Selective Enforcement: A Grossly Misunderstood Concept by KBRLegal

  • Posted: Jan 06, 2022
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Without exception, the affirmative defense of “selective enforcement” is one of the most misunderstood concepts in the entire body of community association law. How often have you heard something like this: “The board has not enforced the fence height limitation, so it cannot enforce any other architectural rules”? Simply put, nothing could be further from the truth.

When a community association seeks to enforce its covenants and/or its board adopted rules and regulations, an owner can, under the right circumstances, assert an affirmative defense such as the affirmative defense of selective enforcement. An affirmative defense is a “yes I did it, but so what” type of defense. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of fraudswaiver, and more. However, it’s just not as simple as that. For example, a fence height limitation is a very different restriction than a required set back. Under most if not all circumstances, the failure to enforce a  fence height requirement is very different from the failure to enforce a setback requirement. Ordinarily, the affirmative defense of selective enforcement will only apply if the violation or circumstances are comparable, such that one could reasonably rely upon the non-enforcement of a particular covenant, restriction, or rule with respect to their own conduct or action.

In the seminal case of Chattel Shipping and Investment Inc. v. Brickell Place Condominium Association Inc., 481 So.2d 29 (FLA. 3rd DCA 1986), 45 owners had improperly enclosed their balconies. Thereafter, the association informed all of the owners that it would thereafter take “no action with respect to existing enclosed balconies, but prohibit future balcony constructions and enforce the enclosure prohibition.” As you might have already predicted, nevertheless, thereafter an owner of a unit, Chattel Shipping, enclosed their unit; and the association secured a mandatory injunction in the trial court requiring the removal of the balcony enclosure erected without permission. The owner appealed. In the end, the appellate court disagreed with the owner who argued that the association decision to enforce the “no enclosure” requirement only on a prospective basis was both selective enforcement and arbitrary. The court held that the adoption and implementation of a uniform policy under which, for obvious reasons of practicality and economy, a given building restriction will be enforced only prospectively cannot be deemed “selective and arbitrary.”

In Laguna Tropical, A Condominium Association Inc. v. Barnave, 208 So. 3d 1262, (Fla. 3d DCA 2017), the court again used the purpose of the restriction in its determination of whether the association engaged in selective enforcement. In Laguna Tropical, a rule prohibited floor covering other than carpeting unless expressly permitted by the association. Additionally, the rule provided that owners must place padding between the flooring and the concrete slab so that the flooring would be adequately soundproof. In this case, an owner installed laminate flooring on her second floor unit and the neighbor below complained that the noise disturbed his occupancy. As a result of the complaint, the association demanded that the owner remove the laminate flooring. However, the owner argued selective enforcement because the association only enforced the carpeting restriction against the eleven exclusively upstairs units in the condominium. The court noted that the remaining units in the condominium were either downstairs units only, or were configured to include both first-floor and second-floor residential space within the same unit.

Again, the court looked to the purpose of the prohibition on floor coverings other than carpet and found that the prohibition was plainly intended to avoid noise complaints. Therefore, no selective enforcement was proven because no complaints were shown to have arisen regarding any units except the eleven exclusively upstairs units.

What about cats and dogs? In another case, Prisco v. Forest Villas Condominium Apartments Inc., 847 So. 2d 1012 (Fla. 4th DCA 2003), the Fourth District Court of Appeals heard an appeal alleging selective enforcement regarding the association’s pet restrictions. The association had a pet restriction which stated that other than fish and birds, “no pets whatsoever” shall be allowed. In this case, the association had allowed an owner to keep a cat in her unit, but refused to allow another owner to keep a dog. The association argued that there was a distinction between the dog and the cat. However, on appeal, the court found that the restriction was clear and unambiguous that all pets other than fish and birds were prohibited. Therefore, the court reasoned that the facts which make dogs different from cats did not matter because the clear purpose of the restriction was to prohibit all types of pets except fish and birds. In other words, the court held that the plain and obvious purpose of a restriction should govern any interpretation of whether the association engaged in selective enforcement.

If an association has a “no pets” rule and allows cats, must it allow dogs, too? There is a long line of arbitration cases that have distinguished dogs from cats and other pets for purposes of selective enforcement. For example, in Beachplace Association Inc. v. Hurwitz, Case no. 02-5940, a Department of Business and Professional Regulation Division of Florida Condominium Arbitration case, the arbitrator found, in response to an owner’s selective enforcement defense raised in response to the association’s demand for removal of a dog, that even though cats were allowed, that comparison of dogs to cats was not a comparative, like kind situation. Further the arbitrator found that cats and dogs had significant distinctions such as barking versus meowing, and therefore the owner’s attempted use of the selective enforcement argument failed.

But, in Hallmark of Hollywood Condominium Association Inc. v. Andrews, Case 2003-09-2380, another Department of Business and Professional Regulation Division of Florida Condominium Arbitration case, the learned arbitrator James Earl decided that because the association has a full blown “no pets of any kind”  requirement and since cats were allowed, then dogs must be allowed, too. In other words, the defendant owner’s waiver defense worked. But, the arbitrator wisely noted in a footnote as follows: “The undersigned notes that there is a long line of arbitration cases that have distinguished dogs from cats and other pets for purposes of selective enforcement. However, the fourth district court of appeal has ruled that where the condominium documents contain particular language prohibiting all pets, any dissimilarity between dogs and cats is irrelevant and both must be considered. See Prisco.” The distinction between the two arbitration cases could be explained because of timing in that the 4th DCA’s decision in Prisco was not yet published when Hurwitz was decided.

From these important cases, it can be gleaned that

(i) even if an association has ignored a particular rule or covenant, that by giving written notice to the entire community that it will be enforced prospectively, the rule or covenant can be reinvigorated and becomes fully enforceable once again (though of course, prior non-conforming situations may have to be grandfathered depending on the situation),

(ii) if an association or an owner is seeking an estoppel affirmative defense, they must be sure all of the necessary elements are pled,

(iii) at times a court will look to the purpose of the rule itself where it makes sense to do so, and

(iv) dogs and cats are different, but they are both considered “pets.”

Remember to always discuss the complexities of re-enforcement of covenants and rules and regulations that were not enforced for some time with your association’s legal counsel in an effort to mitigate negative outcomes. The process (commonly referred to as “republication”) can restore the viability of a covenant or rule that may have been waived due to the lack of uniform and timely enforcement.

 


Kaye Bender Rembaum

We are dedicated to providing clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns. Our areas of concentration include

1200 Park Central Boulevard South, Pompano Beach, FL. Tel: 954.928.0680
9121 North Military Trail, Suite 200, Palm Beach Gardens, FL. Tel: 561.241.4462
1211 N. Westshore Boulevard, Suite 409, Tampa, FL. Tel: 813.375.0731
  • Assessment collections
  • Construction defect claims
  • Contract drafting and negotiation
  • Cooperatives
  • Covenant enforcement
  • Fair Housing
  • Land Use and Zoning
  • Litigation and Arbitration
  • Master/ Sub Association Issues
  • Pre and Post Turnover Planning
  • Real Estate and Title Concerns
  • Review and amendment of covenants
Kaye Bender Rembaum is a full service commercial law firm devoted to the representation of more than 1000 community associations throughout Florida. Under the direction of attorneys Robert L. Kaye, Esq., Michael S. Bender, Esq., and Jeffrey A. Rembaum, Esq. Kaye Bender Rembaum is dedicated to providing clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns.your interest in Kaye Bender Rembaum.

 

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Glass repair, replacement, coverings and tinting services to the residential, automotive and commercial markets, Find Top SFPMA Members

Glass repair, replacement, coverings and tinting services to the residential, automotive and commercial markets, Find Top SFPMA Members

  • Posted: Jan 06, 2022
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Glass repair, replacement and tinting services to the residential, automotive and commercial markets

If you’re ready to give your home a new look or save on heating and cooling bills, your windows are a great place to start. But with so many ways to renovate the windows in your home, where do you even begin?

Are solar screens an option, and do they really work? What are the advantages of Double Pane windows? If you’re scratching your head wondering which window option to choose, you’re not alone! Because there are several options to choose from, this article will help you figure out which windows might work best for your home and budget. To make that process easier, let’s take a look at a few of the most popular window options available.

Before reviewing the different window options available, it should be noted that energy efficiency should be a major consideration when deciding which type of windows you choose for your home. Energy efficient windows can help lower your monthly heating and cooling cost, and can result in significant savings over time.

Impact Windows

While the initial cost of impact windows might be a little more, they offer a significant advantage when it comes to protecting your home and property from storm damage. If you live in a climate that is prone to hurricanes or severe weather, impact windows provide the type of security and protection that other windows can’t match. Upgrading your home with impact windows can also help increase the overall value of your home. Since your windows are often the weakest point in a home, impact windows help minimize the threat of damage to your home.


Scratch Removal Specialists

800-806-8807

Our Philosophy and Mission

With over twenty-years of South Florida experience in the glass restoration industry, Scratch Removal Specialists, Inc. strives to provide the most professional and cost effective solutions to your glass restoration needs.  Our company culture of professionalism, safety, training, and customer satisfaction makes us stand-out as the best choice in the glass restoration industry.  From a single window repair, to an entire building restoration, we have the experience and staffing to take on your project with the the care and professionalism it deserves.

 

 


IGU (Double Pane Windows)

Insulated glass windows, also referred to as double-pane windows, consist of two or more pieces of flat glass separated by gas or air that is injected between them. Two pieces of glass certainly provide more protection as opposed to one. However, since glass is a poor insulator by nature, the thickness of the glass may not be as important as what’s in between those two panes of glass. This space is typically filled with either air or gas (like krypton or argon) which helps boost the windows’ insulating power and inhibits heat transfer. Not only are insulated glass windows incredibly energy-efficient, but they also add a layer of comfort to your home by helping to reduce the amount of air that escapes through your window and the level of outside noise.

Low-E Glass

Low-E, which stands for low emissivity glass, is a kind of thin coating (thinner than a strand of human hair) that is applied to windows to make them substantially more energy-efficient. While window tints use a type of film to minimize heat, low E-glass uses a colorless, non-toxic coating instead. Low-E glass minimizes how much ultraviolet light passes through the window. This can help enhance the natural lighting in your home and reduce heating and cooling costs. Low-E glass is a great investment if you’re looking to make a subtle upgrade of your windows while staying cost-effective.

If you decide to update rather than replace your windows, here are some other ways in which you can make them more energy efficient in the process.

 


Allstate Tint & Blinds

Call us at 954.963.9877 or Request a FREE Estimate Today!

Founded in 1988 in Hollywood, Florida and has served 1,000′s of customers with premium automotive, residential, commercial and marine window tinting. We carry Suntek and Huper Optiks Ceramic Window Films.  In addition to Window Tinting,  Allstate Tint & Blinds offers Roll-Up Shades, Vertical Blinds, Bamboo Blinds, Faux Blinds and 2″ Wood Blinds.

In 2013, Allstate Tint & Blinds celebrated their Grand Opening of their new location at 2011 SW 70th Avenue, #A17, Davie, Florida 33317 (Located across the street from the Signature Grand) We advise to please call ahead for an appointment, or as always you are welcome to drop off your vehicles.

 


 

Solar Screens

Solar screens are made up of dark, tightly woven mesh that can be installed on the outside or on the inside of your window. Installing solar screens offers a few advantages. They are relatively inexpensive and can help reduce energy usage. They are also a great solution for any windows that receive extended exposure to the sun throughout the day. Solar screens help reduce the amount of heat inside your home, blocking as much as 90% of outside heat. They also help reduce glare, protect privacy, and help prevent heat damage to the interior of your home.

Window Tinting

Window tinting is another option if you’re looking to upgrade your windows without replacing them. Windows can be tinted in a wide range of colors and shades, and with a variety of different materials. Each treatment can accomplish a different purpose, or help achieve a certain look, with different pros and cons for each.

Here are the five most common types of window tint:

  1. Standard – Helps block sunlight
  1. Ceramic – Considered the best type of window tint as it reflects the sun’s UV rays and reduces glare.
  1. Decorative – Used for aesthetic purposes and replicates the look of stained/frosted glass. It’s commonly used to transform regular windows into ornate ones without having to replace the glass or install a new window.
  1. Security – Used to reinforce and strengthen windows to help protect against breakage and natural disasters.
  1. Solar – Provides a scratch-resistant coating and utilizes polyester laminate. This film reduces UV and IR rays as well as glare, which helps improve visibility.

 


Cool World Window Tinting Solutions

(954) 871-5870

We are the South Florida Leading Window Tinting Company. We only use the Highest Quality of Products in our Industry. Which means that the job we do Lasts.

Cool World Window Tinting Solutions is an authorized Madico Sunscape & SolarGard window tint dealer, with over 20 years window tinting experience.

Cool World Window Tinting Solutions uses only high-quality Madico window films, which are guaranteed not to bubble or change colors and will keep your home, office or auto comfortably cool for many years to come.

Cool World Window Tinting Solutions is a fully mobile window tint company that will come to you at your home or office.  Cool World Window Tinting Solutions is fully licensed and insured and offers a full line of window tinting products to maximize energy savings for your home or business.


Jansen Shutters & Windows

941-484-4700

It is our goal to shelter your family, protect your investments and secure your well-being.

The Jansen Family have been serving the homeowner and construction industry of the Florida Gulf Coast from Fort Meyers to North TampaTarpon Springs and the Islands since 1973. In 2002, Phillip Jansen and his son Travis opened Jansen Shutters & Windows with the intention of providing the best hurricane protection necessary to ensure the safety of your family and business.

As our company grew we expanded out product line to include, Out Door Living Products. Which includes our exclusive “Jansen Vista” Motorized Insect Screens, Fabrication, Louver, Pergolas and more. We are proud to say everything we manufacture is American Made. Our work does not stop at installation, we believe it is necessary to educate our customers about the products we provide. So you can pick the best products that fits your lifestyle and budget.


 

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A Guide to Healthy Lakes in 2022 & Beyond  by SOLitude

A Guide to Healthy Lakes in 2022 & Beyond by SOLitude

  • Posted: Jan 06, 2022
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Lake Restoration: A Complete Guide to Maintaining Lake & Pond Health

At SOLitude Lake Management, we believe healthy, balanced waterbodies allow our clients to create meaningful experiences on and around their waterbody. We are dedicated to making water a more healthy and beautiful part of our world by utilizing sustainable management solutions and innovative technologies that improve water quality, enhance beauty, and preserve natural resources.

For many cities, lakes, ponds, and waterways are a major attraction and part of what makes living there so special. From the rivers to the beautiful lakes and ponds throughout communities and golf courses, water is central to everyday life. However, you may not have given much thought to what goes into maintaining all of these beautiful waterways.

Maintaining a lake is more complicated than you may realize. It requires ongoing water quality monitoring and management to help ensure the lake continues to thrive and that people can continue to enjoy it. Without regular management of your lake or pond, the waterway can become unusable.

Ongoing monitoring and maintenance is the key to maintaining a waterbody that meets your needs. This is why an annual management approach is so beneficial for any aquatic ecosystem. Learn more about year-round management and the benefits of a SOL Pro Annual Management Program. With regular professional oversight and care, you can enjoy your waterbody for years to come.

 

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The Importance of Healthy, Balanced Waterbodies

Freshwater ecosystems serve many purposes. They support irrigation, stormwater collectiondrinking water, water sports, and recreational fishing. Regardless of their function, management is necessary to support the biodiversity and environmental health of the waterway.

Water can also have a significant impact on property values. In housing developments, no one wants to smell or look at an unsightly, overgrown lake or pond. That’s why it is critical for HOAs and apartment complexes to adequately manage their waterways.

Lake restoration is an important process in which a wide range of management techniques are used to restore a lake to its original state or to a state that better supports the health and well-being of the aquatic system, including plants and animals. It’s important to understand why problems, which often manifest as algae, occur before preventative solutions can be implemented.

 

Understanding Algae and Cyanobacteria

The word “algae” often gets used informally as a catch-all term that can include a wide array of organisms that are not always closely related. Sometimes, when people refer to “algae,” they may actually be talking about cyanobacteria, also known as “blue-green algae” or “toxic algae.” It actually is not algae at all.

Cyanobacteria appear in several different forms. It can appear as hair-like filaments, slimy coatings on plants, or a green, soupy-looking substance suspended in the water column. Cyanobacteria can release toxins that can harm your waterway. The toxins are the cyanobacteria’s way of defending themselves against other competing organisms, but they can also harm fish, wildlife, pets, and humans.

Excessive runoff and pollution is a common source of this problem. This runoff can lead to nutrient loading that will eventually upset the balance of a waterway’s aquatic system. Grass clippings, pet waste, eroded sediment, and landscaping fertilizers all contribute to nutrient loading. Managing the conditions that contribute to nutrient loading is crucial to keeping the harmful cyanobacteria and nuisance algae in check.

 

Aeration

In both ponds and lakes, aeration systems are used to increase the oxygenation and circulation of the waterway. A pond aeration system can be in the form of a floating fountain or consist of submersed diffusers strategically located at the bottom throughout the waterbody. Aeration helps improve the overall health of the aquatic system by converting nutrients to forms that do not sustain organic growth. Likewise, if muck development is severe, new tools like Oxygen Saturation Technology (OST) can be used to target dissolved oxygen to the bottom sediments where it will remain and aid in the natural digestion.

 

Shoreline Management

Unhealthy shorelines are a large contributing factor to nutrient loading. In addition to releasing sediment, unstable and eroded shorelines can allow stormwater runoff to flow directly into the water, polluting the ecosystem. SOX Solutions is a knitted mesh material that can be used to physically reshape and anchor the shoreline for many years of stability. Planting native, deep-rooted vegetation around the

 

Nutrient Remediation

Lakes and ponds suffering from chronic nutrient loading may be excellent candidates for proven nutrient-locking technologies like Phoslock and Alum. These products can help inactivate excess nutrients, making them unavailable for fueling nuisance plants and algae. Phoslock, specifically, is a lanthanum-modified clay that rapidly binds and permanently removes free reactive phosphorus from the water column shortly after application. It is also effective in locking up the phosphorus in the bottom sediments. This helps return the pond to its naturally beautiful state.

 

Biological Treatments

Dead algae, along with other build-ups of sludge and bottom sediment, can occur in your waterway. This is a natural process, but poor management can expedite this build-up. Biological treatments (which are like a probiotic for your waterbody) introduce naturally occurring cultures into the water. They digest undesirable organic muck and help clear excess nutrients from the ecosystem. This process can also help raise the dissolved oxygen levels in the pond and help beneficial aquatic plants, fish, and animals thrive.

 

Mechanical Hydro-raking

Nutrient-rich muck and detritus can be removed physically with a hydro-rake, which is essentially a floating backhoe capable of removing up to 500 pounds of material in one scoop. These materials are then taken from the shoreline for off-site disposal. This process not only helps remove excess nutrients, but also helps restore lake and pond depth and volume – reducing flooding, cloudiness, and bad odors.

 

Herbicides and Algaecides

In urgent circumstances, herbicides and algaecides can be used to quickly eliminate nuisance algae and weeds. Lake and pond management professionals only use products that are registered with the Environmental Protection Agency (EPA) and formulated to specifically target the undesirable growth in your waterbody. However, herbicides and algaecides should only be used as a last-resort option when it is too late for preventative action.

 

Grass Carp

Sterile triploid grass carp serve as a “biological control” option for nuisance aquatic vegetation. Triploid Grass Carp can help reduce the amount of pesticides required for the management of nuisance and invasive vegetation. Though EPA-registered aquatic herbicides play a key role in safe and responsible plant management, they should generally be viewed as a last resort option for stubborn infestations.

 

 

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11 Questions to Ask Before Hiring a Public Adjuster in South Florida by Stellar Adjusting

11 Questions to Ask Before Hiring a Public Adjuster in South Florida by Stellar Adjusting

  • Posted: Jan 04, 2022
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If you’re hiring a public adjuster, it’s important to keep in mind that this person is going to be working for you. You’re the boss, so you’ve got to think like a boss. That means interviewing them and asking the right questions. We’ve listed eleven questions that you should ask any public adjuster before you make the hire.

 

 

WHY HIRE A PUBLIC ADJUSTER?

hiring a public adjusterBefore we talk about how to hire a public adjuster, let’s talk for a second about why you would want to hire one in the first place. The short answer is that you hopefully will never need to hire one. However, if your home or business is damaged, you’ll need to fire an insurance claim, which means providing the insurance company with an estimate of the damages. If the claim is very large, or if the insurance company thinks they can get away with paying less, they will send an insurance adjuster to draw up their own estimate.

When this happens, you have a few options. You can accept the insurance company’s offer, you can sue the insurance company, or you can hire a public adjuster to make a counteroffer. Accepting the company’s offer isn’t always the best idea. In some cases, you may be asked to settle for far less than the actual cost of damages. However, suing the insurance company can get expensive. They have teams of corporate lawyers, and you’ll end up spending a lot of money on your own legal case. Meanwhile, you’ll receive no funds during the legal process, so you’ll have to repair your home or business and pay your lawyer out of pocket.

A public insurance adjuster offers a great compromise. They can get you a better settlement, and you won’t have to pay out of pocket. For more information, read our guide on when to contact a Florida public adjuster.

 

1. HOW LONG HAVE THEY BEEN IN BUSINESS?

There’s nothing wrong with being new to the business. Even the biggest, most prestigious firms once started as a single adjuster opening their own small business. But if someone is just starting out in their own business, you’d expect them to have previous experience working for another firm. If they haven’t, steer clear.

2. ARE THEY PART OF A TEAM?

A single public adjuster, even a very well-qualified one, can only be so knowledgeable. A team of adjusters can pool their knowledge and help each other out, leading to better results for their clients.

3. ARE THEY LICENSED IN FLORIDA?

If you’re in another state, this applies to your state as well. An unlicensed public adjuster isn’t just breaking the law by practicing without a license. They can also put you at risk, since there’s no guarantee that they’re even competent.

4. DO THEY HAVE EXPERIENCE WITH CLAIMS LIKE YOURS?

For any qualified public adjuster, south Florida hurricanes should be par for the course. But if you’re dealing with an unusual claim – for example, if a car ran off the road and into your living room – you’ll want to know that your public adjuster is qualified to deal with your claim’s quirkier aspects.

5. HOW DO THEY GET PAID?

A public insurance adjuster should only get paid when you get paid, taking a percentage of your claim. If your adjuster is asking for an up-front fee, don’t do business with them. What they’re doing is unethical.

6. DO THEY HAVE EXPERIENCE DEALING WITH MORTGAGE LENDERS?

Depending on your situation, you may still owe money to a mortgage lender, and they’re most likely not going to be patient with you while the insurance company handles your claim. An experienced public adjuster can oftentimes serve as an intermediary to help you deal with your mortgage lender’s demands.

7. WHO WILL PREPARE MY CLAIM?

The opposite problem of working with too small a team is working with a big firm that farms out their work to third-party contractors. So you can be paying for a prestigious name, but getting freelance service. Make sure that your public insurance adjuster will be personally involved with your claim.

8. CAN I STAY INVOLVED WITH MY CLAIM?

Some public adjusters prefer that their clients not communicate directly with the insurance company. Others are comfortable to share these responsibilities with their clients. There’s no right or wrong answer to this question, but it’s important that you and your adjuster are on the same page here.

9. CAN THEY PROVIDE LOCAL REFERENCES?

The average person may never need a public adjuster’s services or may need them once or twice at most. If their adjuster did a good job, they’re going to remember it. Ask your prospective public adjuster for references. If they’re not prepared to offer any, scratch them off your list.

10. HOW MANY CLAIMS ARE THEY HANDLING?

Sometimes, in the aftermath of a natural disaster, public adjusters can become overwhelmed with claims from a large number of people. In this case, a qualified, competent adjuster may simply be too busy to give your claim the individual attention it deserves.

11. WHAT ARE THEIR ERRORS AND OMISSIONS POLICY?

Errors and Omissions is the insurance industry’s version of malpractice insurance. It ensures that if your public adjuster makes a mistake that costs you money, they’ll be able to compensate you. Every licensed public adjuster should carry a policy. If they’re not willing to share this information with you, tell them to take a hike.

 

On SFPMA: View Our Claims Page for all your Damage Needs. Find Law Firms, Adjusters and Roofing Companies ready to help

 

HOW TO FIND A CLAIMS ADJUSTER IN FLORIDA

If you’re hiring a public adjuster in Florida, consider hiring Stellar Public Adjusting. Our qualified adjusters are experienced in Florida home and business claims, and we don’t hire out our work to independent contractors. When your adjuster shows up to create your claim, you can rest assured that this is the same person who will be dealing with the insurance company on your behalf.

Use our web form to contact us today. If you have an urgent problem that requires immediate assistance, call our office at 305-570-3519.

Andria Rosendahl
Public Adjuster
2450 NE Miami Gardens Drive, Suite 200, Miami Florida 33180
Cell: 305-710-7922
Fax: 305-873-8719
E: Andria@stellaradjusting.com
W: www.stellaradjusting.com
Check Out Our Blog At: www.stellaradjusting.com/blog/
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We have 2022 Sales for Members: Advertising in our Magazine and in the News Blast and on our website.

We have 2022 Sales for Members: Advertising in our Magazine and in the News Blast and on our website.

  • Posted: Dec 28, 2021
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Take advantage of our Advertising Sales.

Members Advertising in our magazine,News Blast and Website are avail for the new year.

 


 

ADVERTISING SALES

 

1-  We are running this sale for all members become a featured sponsor of our Email News Blast

  • Every week we publish our Email Blast filled with News, Articles, Member Information, This is sent 3 days every week at 9am
  • Your company send us a 300px by 300px logo picture we link to your website.
  • Be seen by over 230,000 readers as sponsors.  52weeks @3x every week.  In every posted Email your company is set on this with your logo as a featured sponsor.

Special Price of 450.00 for the entire year

This is limited there are only 15 spots  Act now. we are getting ready for 2022

NOTE: our news feed has been upgraded with featured post pictures that are displayed for the Articles in these email blasts.

 

2- Take out Advertising in our Publication – FLORIDA RISING MAGAZINE

  • Take out half and full pages 12 months of company advertising
  • take advantage of this special pricing
  • See our Advertising FLAT Rates: This Special ends FEB 2022.

    Business Card size:(12 months/200.00)

    Quarter Page: (12 months/450.00)

    Half Page: (12 months/700.00)

    Full Page: (12 months/950.00)

All Ads taken out for this special will run in every edition at this flat price. You can write articles every month we will publish. Your company is set on the Category sections in our magazine

 

3- Contact us for Advertising banners on the Pages of our website

 

Call us today and lock your Spaces or Fill out the Form We will call you!

 

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    Happy Holidays & A Joyful New Year from the SOLitude Family

    Happy Holidays & A Joyful New Year from the SOLitude Family

    • Posted: Dec 22, 2021
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    Happy Holidays & A Joyful New Year

    As 2021 wraps up, we want to thank you for joining us in our mission to protect freshwater resources.

    We know this past year was difficult for many, but we hope you were able to create memorable experiences on and around your waterbody despite the challenges we all faced. We believe that a balanced waterbody, whether it’s utilized for recreation, stormwater collection, or aesthetics, can make those around it happier and healthier.

     

    As we look forward into 2022 and beyond, we are more passionate than ever to maintain our precious aquatic resources and promote meaningful experiences for our loyal clients.

     

    Our offices will be closed on the following dates:

    Friday, Dec. 24 & Monday, Dec. 27

    Christmas Holiday (observed)

    Monday, Jan. 3

    New Year’s Day (observed)

    During this time, contact us here or leave a message at 888-480-LAKE (5253).

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