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Mulch For You – We have a fleet of nine high-end mulch installation vehicles with the ability to blow yards of mulch products we carry in a single visit.

Mulch For You – We have a fleet of nine high-end mulch installation vehicles with the ability to blow yards of mulch products we carry in a single visit.

  • Posted: Nov 30, 2021
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Mulch For You, Inc

 

Mulch for You was originally established as Bolling Forest Products by Russell Mueller over thirty years ago. His vision was to build a company and its reputation by consistently providing the highest quality products and service to each and every customer. This is the foundation and cornerstone of what Mulch For You has become and is today.

We’ve always been known as the leader in providing innovative new methods and products and the first in Central Florida to bring Mini Pine Bark Nuggets and Classic Red Designer mulch to the market. Since then, we’ve introduced ADA Engineered Playground Chips and created multiple designer mulches in a variety of textures and colors. We’ve also been instrumental in helping guide the market away from environmentally sensitive woods such as cypress. In 1998, we introduced the express mulch blower service to Central Florida. Today we have a fleet of nine high-end mulch installation vehicles with the ability to blow yards of mulch products we carry in a single visit. This service has eliminated the time-consuming and backbreaking work of shoveling and spreading mulch by hand.

Our team cares deeply for the work they do and understands how much it means to have a beautifully finished job. Our company not only has the knowledge and experience to do the job right, but also quality products we know and trust. It’s what we do.

We look forward to working with you and meeting your mulch and soil needs

Maddy Weeks
mweeks@mulchforyou.com
Express Blower Sales Manager
407-869-9003
Mulch For You, Inc
1705 EE Williamson Rd. Longwood, Fl. 32779
http://www.mulchforyou.com

A guide to holiday decorating that will keep you off your HOA’s naughty list

A guide to holiday decorating that will keep you off your HOA’s naughty list

  • Posted: Nov 26, 2021
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A guide to holiday decorating that will keep you off your HOA’s naughty list

Check your association’s bylaws before making your home festive

The holidays are here, and many of the 74.1 million Americans who reside in community association neighborhoods are preparing to decorate their homes. These homeowners should be aware that many community associations have bylaws that regulate lights, trim and decorative displays. The most common association rules that regulate holiday decorations address:

  • Time. Many homeowners associations (HOAs) regulate the hours that lights may be illuminated and dates on which decorations can be displayed before and after a holiday.
  • Location. Most community association rules limit placement. In neighborhoods of single-family houses, decorations are generally permitted on the exterior of the home and must be kept within the boundaries of the yard. Owners should ensure decorations do not blow into a neighbor’s yard. In attached condominiums, many associations limit or preclude holiday decorations in common areas such as hallways and doors. Most condominium bylaws contain a restriction that prohibits an owner from making a modification to the exterior of a unit without permission from the association.
  • Nuisance. Bylaws typically preclude homeowners from creating a “nuisance.” While this definition is somewhat subjective, it could include holiday lights that are too bright or Christmas music that is played loudly throughout the night. In most cases, common sense dictates what may be disruptive to neighbors.
  • Safety. Most bylaws or rules aim to prevent dangerous or hazardous activities. If your holiday display creates a fire hazard or attracts numerous visitors who park in the street and block access for emergency vehicles, you may run into issues with your association or the local municipality.

HOA rules are intended to protect the health, safety and welfare of the community; complying with the restrictions is mandatory. Homeowners who fail to do so may initially receive a warning from the association, but continued noncompliance could result in fines or a court injunction to have the decorations removed.

Homeowners who have an issue with the holiday-decorations rules should request a meeting with the board to ask if they can be revised. Board members should be receptive to reasonable input from owners and craft rules accordingly; most owners don’t want an Ebenezer Scrooge on the board.

Fair Housing Act implications may make some holiday rules unenforceable. Religious discrimination is illegal under the act. An HOA is not allowed to show preference to one religion over another. When drafting rules, associations should be careful to avoid using terms that refer to specific holidays such as Christmas, Hanukkah or Kwanzaa. Rather, the rules should apply to all “holiday decorations” or reference “holiday trees” to ensure the religious beliefs of certain owners are not given preferential treatment.

Before decorating your home, review the community association rules to determine what restrictions, if any, exist that would regulate holiday displays. It’s a good idea to contact the community manager or the board of directors for guidance. While the holidays are a time to celebrate, owners who fail to review their association’s rules may end up with coal in their stockings. by By Kevin M. Hirzel

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Find Members ready to help with Management, Business and Services for your properties.

Find Members ready to help with Management, Business and Services for your properties.

  • Posted: Nov 24, 2021
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Find Members ready to help with Management, Business and Services for your properties.

Property Maintenance is an integral part of managing the day to day operations for every type of property.

Search the Members Directory for Companies working with Property Management, Condo and HOA properties in Florida from Tallahassee to the Keys.


 

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THANKSGIVING IS BECOMING A TOUGH HOLIDAY  By Eric Glazer, Esq.

THANKSGIVING IS BECOMING A TOUGH HOLIDAY By Eric Glazer, Esq.

  • Posted: Nov 24, 2021
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THANKSGIVING IS BECOMING A TOUGH HOLIDAY

By Eric Glazer, Esq.

Who doesn’t love the tradition of Thanksgiving?  It starts off with The Macys Thanksgiving Day Parade from the morning to noon.  By noon the house starts to smell great, football comes on the tube, the family gets together, fights about politics break out and everyone eventually goes home both full and angry.  You gotta love Thanksgiving.

The last two years have been tough though.  Thanksgiving in 2020 kept almost all families apart because of the Covid 19 situation.  More families probably had Thanksgiving by ZOOM than they did in person.  It was sad, countless other families had an empty plate or two at the dinner table because of loved ones they lost due to the virus.  It really was a nightmare for almost all of us.

This year, while Covid certainly seems to be far less of a factor, we can’t help but think about the tragic loss of lives at the Champlain Towers in Surfside.  I had to see it for myself and I will tell you that the scene was indescribable.  I saw the 9-11 destruction in person and while certainly on a smaller scale, Champlain Towers was no less dramatic when you realized how many lost their lives in the rubble.  How many were simply unaccounted for.

So what will Thanksgiving 2022 be like in our condominium associations?  I don’t want to be a downer on the holidays, but for many, it’s not going to go well.  Of course we will still be happy that we are sitting with our families for another year.  If we have good health, we will be happy for that.  But I guarantee this, this time next year many Florida condominium unit owners may not be able to afford to make a turkey dinner in their homes.

As I said on the show last week, it’s as if a perfect storm is coming together all at once.  Food prices and gasoline are soaring, the price of insurance in our condominiums and the cost of labor are soaring.

Insurance in some condominiums is tripling in price resulting in incredible increases in monthly assessments.  And of course, by this time next year, rest assured that there will be laws in place making it impossible to waive reserve funding in your community at least for your roof, electrical and structural components.  In other words, besides the cost of insurance, the fact that you won’t be able to waive reserves will make your monthly assessments skyrocket even more.  Next Thanksgiving there are going to be many people sitting at their Thanksgiving tables wondering if this is the last Thanksgiving they will be spending in a condominium that they may have been living in for decades.  They’re simply getting out priced and won’t be able to afford it any longer.  And it’s sad.

But have no fear……we know how much Florida loves to treat its developers.  So look forward to laws that will allow developers to buy up units, kick out the old folks and build more buildings that people from mostly foreign countries can buy and put tenants in.

So to all of you and your families….I wish a happy and healthy Thanksgiving Holiday, and I hope it’s not the last one you get to spend in your current home.

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We Are Thankful For YOU – We are grateful for our dedicated colleagues, vendor partners, and loyal clients who have a passion for preserving aquatic resources.

We Are Thankful For YOU – We are grateful for our dedicated colleagues, vendor partners, and loyal clients who have a passion for preserving aquatic resources.

  • Posted: Nov 24, 2021
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We Are Thankful For YOU

We are grateful for our dedicated colleagues, vendor partners, and loyal clients who have a passion for preserving aquatic resources.

As Thanksgiving approaches, we’d like to thank you for your ongoing support. Because of you, we get to enhance and preserve lakes and ponds across the country while also making positive impacts in our local communities through The SOLution. We hope you have a safe and joyful Thanksgiving with your loved ones!

https://www.youtube.com/watch?v=Rjgdc8s7FFU&t=1s

Our offices will be closed on the following dates:

Thursday, Nov. 25 &
Friday, Nov. 26

Thanksgiving Holiday

Friday, Dec. 24 & Monday, Dec. 27

Christmas Holiday

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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Webinar: Why You Need Good Governing Documents by Becker Lawyers

Webinar: Why You Need Good Governing Documents by Becker Lawyers

  • Posted: Nov 24, 2021
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Webinar: Why You Need Good Governing Documents

Learn why it’s important for condo and community associations to have “good governing documents” and how that is the starting point for effective enforcement. Some of the topics covered will include:

  • Maintenance Responsibilities
  • Conflicts within governing documents and with the statutes
  • Sale and Lease Restrictions
  • Material Alterations

 

————————-

SPEAKERS:

Joseph Adams
SHAREHOLDER
Becker
jadams@beckerlawyers.com

Kevin L. Edwards
SHAREHOLDER
Becker
kedwards@beckerlawyers.com

 

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Real Estate Boom Meets the Crypto Boom Here in Miami – HUGO ALVAREZ

Real Estate Boom Meets the Crypto Boom Here in Miami – HUGO ALVAREZ

  • Posted: Nov 21, 2021
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Real Estate Boom Meets the Crypto Boom Here in Miami

Like our climate, there is no denying that South Florida’s real estate market has been scorching hot.  But while South Florida is well known for its real estate booms and busts, the current cycle is also running right into the latest technological wave – cryptocurrency.

Home prices have climbed to record numbers.  Those prices have been driven by a lack of supply but also by COVID related work and travel restrictions, which make year-round warm weather climates like South Florida very attractive.

At the same time, and while more people are staying at home to work, we have also seen a surge in cryptocurrency demand.  At the time this is posted, Bitcoin is trading at prices greater than $65,000 and analysts are predicting that its price will rise higher by year’s end and beyond.

Miami is currently undergoing a tech boom of its own.  This tech boom coincides with the ongoing and growing demand for cryptocurrency coupled with its unique geographic location.  Miami has hosted, and will continue to host, numerous high profile cryptocurrency events.  And with those high-profile events we will see more demand for our real estate.

All this to say, it is only a matter of time before using cryptocurrency to purchase real estate becomes routine.  We are not there yet but that day is coming.

Opening potential real estate transactions to crypto holders broadens the pool of buyers that sellers can sell to.  But doing so is not without risk.

Crypto is unregulated and prone to fraud.  Crypto transactions may violate certain laws and regulations intending to govern “traditional” transactions.  For instance, the anonymity associated with cryptocurrency may prove challenging when trying to trace the source of the funds which is often a requirement for a “traditional” real estate transaction.  Additionally, given the volatile nature of the crypto price fluctuations it may be difficult to peg the actual sales price of the real estate until the “very last minute.”  And then there are numerous tax implications associated with any crypto transaction that may further complicate a real estate transaction.

While there are numerous challenges in rendering a crypto transaction common place today, with the advent of Web 3.0, and the continued growth of cryptocurrency, it is only a matter of time before real estate transactions are routinely funded in this way.

And Miami, with its booming tech movement and thriving real estate market, will be at the forefront of this coming trend.

Feel free to contact me should you wish to discuss Miami’s ongoing tech movement, crypto, or real estate in general.


Hugo Alvarez

HALVAREZ@beckerlawyers.com

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Sika Day for Condo Restoration Nov 18, 2021 >Presentations on: concrete restoration, strengthening of concrete, and waterproofing.

Sika Day for Condo Restoration Nov 18, 2021 >Presentations on: concrete restoration, strengthening of concrete, and waterproofing.

  • Posted: Nov 16, 2021
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Sika Day for Condo Restoration Nov 18, 2021 >

Presentations on: concrete restoration, strengthening of concrete, and waterproofing.

Please join Sika Corporation for informative presentations on your buildings
Structural Engineering

Learn About: concrete restoration, strengthening of concrete, and waterproofing.

Date and time

Thu, November 18, 2021

9:00 AM – 2:00 PM EST

Location

Shula’s Hotel and Golf Club

6842 Main Street

Miami Lakes, FL 33014

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Sunshine Laws” for Condominium Associations

Sunshine Laws” for Condominium Associations

  • Posted: Nov 16, 2021
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Sunshine Laws” for Condominium Associations

by Becker

Florida’s Sunshine in the Government Act, (“Sunshine Laws”) requires transparency and disclosure in government and business. Although the Sunshine Laws do not apply to condominium associations, the Florida Condominium Act (“Act”) found in Chapter 718, Florida Statutes, contains its own set of “sunshine” requirements for these communities, with transparency being the key to compliance. Issues generally arise in condominiums when there is or appears to be a lack of transparency between the board of directors and the association members.

First, boards need to determine which gatherings must be open to association members. While boards may desire to avoid certain topics in open meetings, the Act requires board meetings to be open to members; in fact members have a statutory right to attend such meetings. A “meeting” of the board occurs when a quorum of the board members is present. There are two statutory exceptions to the requirement that board meetings must be open to the members: 1) meetings with the association’s attorney to discuss proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice, and 2) when “personnel matters” are under discussion. Personnel matters should be limited to discussions of specific issues pertaining to association employees. So, can individual board members meet or call one another to discuss association business as long as the meeting or phone call comprises less than a quorum of the board? Yes. However, remote meetings of a quorum of the board still constitute meetings that must be open to members. Notwithstanding the foregoing, the Act provides that members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail.

The second important “sunshine” law is the noticing of meetings. The requirement that meetings be open to members is of little benefit if owners do not know when or where the meetings are taking place. Under the Act, notice of all board meetings must be posted conspicuously on the condominium property for at least 48 hours before the meeting. However, certain meetings, such as meetings where non-emergency special assessments or amendments to rules regarding unit use are considered, require notices to be mailed, delivered, or electronically transmitted to the unit owners AND posted conspicuously on the condominium property not less than 14 days prior to the meeting. The notices also need to clearly identify the agenda items that will be discussed at the meeting.

The Act also provides owners certain rights at board meetings. Owners have a right to speak at all open board meetings on all designated agenda items. The right to speak does not mean that every unit owner is entitled to endlessly debate motions, but it does mean that the owners are entitled to be heard regarding matters the board intends to consider at the meeting. The association may adopt written reasonable rules governing the frequency, duration and manner of unit owner statements. Owners may also record or videotape such meetings.

What about committees? The sunshine laws also apply to committees that are empowered to take final action on behalf of the board, or committees that make recommendations to the board regarding the association budget. Under the Act, all committees are subject to sunshine requirements unless the association bylaws specifically exempt committees from the sunshine laws.
If you have questions about these laws and how to handle meetings in your community, contact your community association attorney.

 

Don’t Want Your Association to Be the Next Rental Community? by KBRLegal

Don’t Want Your Association to Be the Next Rental Community? by KBRLegal

  • Posted: Nov 16, 2021
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Don’t Want Your Association to Be the Next Rental Community?

Many community associations throughout Florida struggle to deal with the increase in overnight and short-term rentals caused by the proliferation of online websites such as VRBO and Airbnb. As such, many communities fear being turned into “rental communities,” especially with so many large corporations buying homes in the South Florida area for the express purpose of renting them. These transient rentals can present nuisance and safety issues and can easily change the composition of your community. The good news, however, is that there are steps your association can take to help protect the community from becoming the next transient rental community by having the necessary language in the declaration of restrictions, as further discussed below.

 

There are two types of restrictions which work together to help achieve this goal. First, corporate (or business entity) ownership must be fully addressed. Second, specific criteria for approval of purchasers, tenants, and occupants residing in the community for longer than 30 days (or such other time period) must be adopted. Finally, a brief discussion regarding the applicability of the statutory provisions set out in Chapter 718 of the Florida Statutes, more commonly referred to as the Condominium Act, and Chapter 720 of the Florida Statutes, more commonly referred to as the Homeowners Association Act, is in order.

 

To avoid ownership for purely investment purposes, an amendment to the declaration that prohibits ownership by a corporation, limited liability company, partnership, trust, or other entity or company should be considered. However, certain carve-outs are recommended to ensure that the owners can use these types of entities for their estate planning purposes, to ensure that the rights of mortgagees are not adversely affected, and to ensure the association still has the authority to purchase units as a result of foreclosure or in other appropriate circumstances. In addition to restrictions on ownership, the association can consider adopting an amendment restricting the number of units that can be owned by a person or entity.

 

The association must ensure that its authority to approve transfers of title to lots and units is not an “unreasonable restraint on alienation.” In other words, the association must have the express authority to deny transfers of title, and the restrictions on such sales must be reasonable.

 

In Aquarian Foundation v. Sholom House, 448 So.2d 1166 (Fla. 3d DCA 1984), Florida’s Third District Court of Appeal considered the validity of a condominium association’s transfer restrictions. In its analysis, the court noted that “restrictions on a unit owner’s right to transfer his property are recognized as a valid means of insuring [sic] the association’s ability to control the composition of the condominium as a whole.” The court explained that while an association can adopt restrictions on transfers, that right must be balanced with the individual owner’s right to transfer his property. In Aquarian Foundation, the association had the right to deny a sale “arbitrarily, capriciously, and unreasonably” with no obligation to provide an alternate purchaser in the event of such denial. The court held that the association’s authority to deny for any reason whatsoever without the obligation to provide an alternate purchaser was an unreasonable restraint on alienation. However, the court explained that while a condominium association has “considerable latitude in withholding its consent to a unit owner’s transfer, the resulting restraint on alienation must be reasonable.” Therefore, we can glean from this case that a provision authorizing the association to approve or disapprove transfers is acceptable where the restraint is reasonable.

 

In 1993 Florida’s Fourth District Court of Appeal considered another challenge to an association’s approval authority. In Camino Gardens Association, Inc., v. McKim, 312 So.2d 636 (Fla. 4th DCA 1993), the declaration prohibited the sale, lease, or occupancy of any lot in the subdivision to anyone other than a duly admitted member in good standing of the association. The court held that because the restriction prohibited transfer to anyone except existing owners, the restriction was an unreasonable restraint on alienation and was invalid.

 

In Coquina Club v. Mantz, 342 So.2d 112 (Fla. 2d DCA 1977), Florida’s Second District Court of Appeal considered an age restriction contained in the declaration (which was lawful at the time). The applicant did not meet the age requirement and was therefore “facially disqualified.” The court held that, in light of the facial disqualification, the association did not have an obligation to provide the otherwise required substitute purchaser.

 

In light of the foregoing case law, any provision which grants the association limitless power of denial is likely invalid. If the association has the right to deny a purchaser, but the declaration is void of any standards by which such decisions should be made, the restriction can still be easily found to be invalid. However, if the declaration requires the association provide a substitute purchaser or allows for denial based on “good cause,” the provision is likely valid and enforceable. If an association has the right to deny “for good cause,” then to withstand judicial scrutiny, the governing documents, preferably the declaration, should provide standards as to what “for good cause” means.

 

As discussed above, the first step is to ensure that the declaration provides authority for the screening and approval process. The second step is to ensure there is meaningful written criteria by which to evaluate prospective purchasers, tenants, and even occupants residing for longer than 30 days (or other time period). If the declaration contains general language for purchaser and tenant approval but does not provide the standards and procedures necessary to make such a decision, then the association’s approval authority is vulnerable to judicial challenge and likely faces an uphill and expensive court battle. The association may be interested in adopting criteria, allowing rejection based on “good cause,” such as the following:

 

  • A record of financial irresponsibility
  • A guilty plea or conviction of a crime of moral turpitude
  • A history of being a “bad tenant”
  • A false statement on the application
  • Failure to comply with the request of the board of directors for a personal interview

 

(Please note this abbreviated list was provided for example purposes only and should not be utilized by any association without consultation with the association’s lawyer as additional language is necessary.)

 

Providing specific written criteria on which the association can base its denial of a proposed sale, lease, or other transfer helps protect the association from claims that it is not acting reasonably in denying a transfer. However, before disapproving a proposed sale or lease, the association should be sure that the disapproval does not run afoul of the provisions of the Fair Housing Act at the federal, state, and county levels. The federal Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status, and disability. State law and, sometimes, local ordinances provide additional protected classes.

 

While the authority to approve lessees is an important step, adopting additional leasing restrictions addressing the frequency and type of leases permitted in the community should also be included in the declaration if these issues are a concern for the community. Associations that would like to minimize the number of short-term leases might consider amendments to the declaration limiting leasing as follows:

 

  • No lot or unit may be rented or leased for a 12-month period (o longer) following the closing date (or date of recorded deed) of a sale of that lot or unit.
  • Owners are restricted to one rental or lease per calendar year.
  • After approval by the association, only entire lots or units can be rented, provided occupancy is only by the lessee and those individuals listed as occupants in the lease agreement.
  • No rooms may be rented, and no transient tenants may be accommodated.
  • No owner may list the owner’s lot or unit on any website (e.g., and without limitation, Airbnb, VRBO), print or online publication advertising the owner’s lot or unit for short-term rental
  • No lot or unit may be subleased.

 

Statutory provisions must be considered as well regarding whether a new lease restriction amendment will apply to all owners or only those who vote in favor of the amendment or who acquire title to their unit or home after the effective date of the amendment (these issues will need to be reviewed with association counsel). For instance, we note the following:

 

  • As to condominium associations, effective on October 1, 2004, the Florida legislature first adopted §718.110(13), which has since been amended, and this section provides that “[a]n amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date of that amendment.”
  • As to homeowners associations, effective on July 1, 2021, the Florida legislature adopted §720.306 (1)(h) which provides that, “[e]xcept as otherwise provided in this paragraph, any governing document, or amendment to a governing document, that is enacted after July 1, 2021, and that prohibits or regulates rental agreements applies only to a parcel owner who acquires title to the parcel after the effective date of the governing document or amendment, or to a parcel owner who consents, individually or through a representative, to the governing document or amendment. …Notwithstanding… an association may amend its governing documents to prohibit or regulate rental agreements for a term of less than 6 months and may prohibit the rental of a parcel for more than three times in a calendar year, and such amendments shall apply to all parcel owners.”

As you have likely discerned, the leasing restrictions of the Homeowners Association Act are broader than those set out in the Condominium Association Act. However, the real issue is whether these provisions apply to all associations that are already in existence or only to those that have adopted “Kaufman language” into their declaration and those declarations that are recorded after the effective date of the statute.

 

Kaufman language refers to having a provision in the declaration that it is subject to the relevant Chapter “as it is amended from time to time.” If the declaration contains such language, then there is no question that the statutory leasing provisions do apply. On the other hand, if there is no Kaufman language set out in the declaration, then what? There are those who take the position that these statutory leasing provisions are “procedural;” if so, then they would apply to an existing declaration. But, if the statutory leasing provisions are changing existing “substantive rights,” then, absent Kaufman language, the statutory provisions likely do not apply to the declaration at issue. By way of an oversimplified explanation, this is because the declaration is a contract, and the legislation in effect at the time a contract is executed is the law to which the contract is subjected.

 

Thus, we must ask the question, are the statutory leasing provisions disturbing existing substantive rights? Likely so, though it may take an appellate court decision to bring needed clarity. Clearly, this is an issue which must be discussed with the association’s legal counsel.

 

To ensure your association is properly protected against unwanted transient rentals, you should consult with association’s legal counsel who can review the governing documents to ensure necessary language is included and make recommendations to better protect the association from the likes of VRBO, Airbnb, and other short-term rentals, and at the same time shore up the association’s approval powers over owners, tenants, and occupants.

 

THANK YOU REPRESENTATIVE DAVID BORRERO!  By Eric Glazer, Esq

THANK YOU REPRESENTATIVE DAVID BORRERO! By Eric Glazer, Esq

  • Posted: Nov 16, 2021
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THANK YOU REPRESENTATIVE DAVID BORRERO!

By Eric Glazer, Esq

A few weeks ago, I wrote a blog called  “It’s Time To Stop A True Florida Farce.”  I then wrote a blog thanking Senator Anna Maria Rodriguez for filing Senate Bill 394 which does away with the possibility of  members of community association boards of directors getting certified without taking an educational class.  Instead, they can sign a rather silly piece of paper that states they have read their governing documents and promise to enforce them.

We were half way there.  We now needed a member of Florida’s House of Representatives who would file a companion bill in Florida’s House, mirroring the bill filed by Senator Rodriguez.  I received a phone call from Representative Borerro about 2 weeks ago.  He grilled me as to why I thought my bill was so important.  The silliness of the form that directors can sign.  The fact that there is going to be lots of new laws passed by The Florida Legislature in regards to condominiums, but no requirement that directors have to learn these new laws.  And finally, the fact that mandatory education can and will save lives.

I am honored and now happy to report that Representative Borerro has now filed bill 547 in Florida’s House of Representatives.  It mirrors the bill filed by Senator Rodriguez.  There is no way I can thank Representative Borerro enough.

There is no doubt in my mind that mandatory education will save the lives, properties and money of the millions of people who live in condominiums throughout the state.  Florida would be the first and only state to require a board member to take an educational course.  That would be an amazing bright spot for our state and no doubt would lead other states to eventually adopt similar requirements.

Over the last few weeks, I had the pleasure of teaching my Condo Craze and HOAs Board Certification class in Broward, Miami, Tampa, Palm Beach and Orlando to so many people.  I taught the importance of having reserve accounts, having reserve studies done by qualified people and the danger in completely waiving the funding of reserve accounts year after year after year.  Interestingly enough, when I asked the crowd if they thought education for board members should be mandatory, everyone raised their hand.  Almost everyone said they would never vote for a director who refused to take an educational class.

      Anyone who won’t devote a few hours a year to learning the new condo laws does not deserve to be on the board in the first place.

In any event, we owe a debt of gratitude to Senator Rodriguez and now Representative Borerro for their efforts in taking this matter seriously.  Keep track of Senate Bill 394 and House Bill 547.  Urge your local House Member and Senator to please support them.  If I never get another piece of legislation passed, this is the one that is nearest and dearest to my heart.  This would really be my greatest honor and legacy.  Education is the key to running a safe community.