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The Florida Bar task force said Florida Condo Associations Need Reserves in Place for Major Safety Repairs!

The Florida Bar task force said Florida Condo Associations Need Reserves in Place for Major Safety Repairs!

  • Posted: Oct 19, 2021
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The Florida Bar task force said Florida Condo Associations Need Reserves in Place for Major Safety Repairs!

 

Here are seven findings of the 179 page report of the Surfside task force:

1- The absence of uniform maintenance standards outside of boards should be established.

2- Efforts to make condo repairs of life safety issues should no longer require a full vote of the association membership.

3- Thorough and consistent inspections should be required.

4- Boards should be empowered to borrow money to pay for life safety repairs.

5- Local governments can no longer rely upon sovereign immunity to protect themselves from civil claims.

6- The Florida legislature can no longer raid the $4 door tax trust fund by diverting that money to the general fund.

7- Thirty percent of that money should go towards educating boards and owners about repairs to make buildings safe

 

 

A task force report prepared by a section of the Florida Bar recommended that lawmakers overhaul the state’s condominium laws following the Surfside building tragedy that killed 98 people, urging a process to address inspections and ensure proper reserves are in place to make major safety repairs, among other issues.

The task force was formed by The Real Property, Probate and Trust Law Section of the bar, convening lawyers who deal with condominium and association laws. Its purpose was to recommend ways to prevent future failures, not to investigate or place blame for the 12-story building collapse.

“The lack of uniform maintenance standards or protocols, and the unguided discretion given to boards of directors to determine when, how, and if life safety inspections should be performed, requires legislative intervention,” concluded the 179-page report that was released earlier this week.

 

Champlain Towers was 40 years old and in need of major repairs when it collapsed on June 24. It’s led to officials looking at the need to ensure other aging structures are safe. The task force said 912,376 Florida condo units housing more than 2 million people are at least 30 years old, including more than 105,000 older than 50 years and nearly 328,000 built between 40 and 50 years ago.

Overall, Florida has more than 1.5 million condo units operated by 27,599 condo associations, the report said.

 

Among recommendations are giving association boards the right to make special assessments for major repairs to protect resident safety without a full association vote. It also requires associations to build up reserves for such projects as recommended by engineers in order to be able to pay for repairs. Those would be in addition to accounts in place for routine maintenance.

While the report said the vast majority of condominium associations are operating in a reasonably safe manner, there needs to be more consistency with inspections and the information provided in them needs to be available to residents.

“Unit owners and boards may also resist such maintenance because of cost, lack of reserves, disruption and inconvenience,” the report said.

The report also recommended allowing condominium boards to borrow money to pay for life safety repairs so the cost could be spread out over years.

Local governments should also have a higher level of accountability for inspection reports, including stripping them of sovereign immunity protections, which limit civil claims against government agencies to $200,000.

 

“Condominium residents should be entitled to rely on the inspections and reports performed by or on behalf of local governments, and local governments should not be able to avoid responsibility for the content and conclusion of building inspection reports,” it said.

Current law has limitations on associations and unit owners to take civil action against developers for design and construction flaws. Those limitations should be lifted, the report said.

The state division that oversees condominium education and compliance is largely funded by a trust fund built on a $4 per unit fee. The task force recommends the Legislature not be able to “sweep” the trust fund for other state budget purposes.

It also recommends that 30 percent of the trust fund be used to educate association boards and residents about obligations to make repairs to ensure buildings are safe.

 

Thank You, for the Article:  MARY ELLEN CAGNASSOLA 

 

 

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What happens when a board member who is in attendance at a board meeting fails to cast a vote on a matter brought before the board for a vote?

What happens when a board member who is in attendance at a board meeting fails to cast a vote on a matter brought before the board for a vote?

  • Posted: Oct 18, 2021
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What happens when a board member who is in attendance at a board meeting fails to cast a vote on a matter brought before the board for a vote?

by 

A director of the association who is present at a board meeting at which action on any corporate matter is taken is presumed to have assented to the action taken unless he or she votes against such action or abstains from voting. A director who abstains from voting on any action taken on any corporate matter is presumed to have taken no position with regard to the action. A vote or abstention for each member present must be recorded in the minutes of the meeting. Condominium: Section 718.111(1)(b), Florida Statutes Cooperative: Section 719.104(8)(b), Florida Statutes

 

Owners and the Board of Directors

Every association board I know want’s the owners in the community they serve to be informed and involved.  That is why we send out notices of board meetings and offer owners the ability to take part in those meetings by Zoom or in person.

The association’s board represents the owners of your association and has the important job of making decisions on behalf of the association. The board has a duty to protect the property value of the association’s owners along with the safety of visitors and residents to the association. They have a responsibility for oversite of association funds and association management.

The board is also charged with complying with and enforcing the associations governing documents, to do this they have the ability to hire professionals and advisors, including; managers, engineers accountants, attorneys and contractors and while in some cases the law requires then association to seek bids, it never requires the association to hire the low bidder. Instead, it is the board’s responsibility to choose the vendor and bid they feel fits the needs of the association best.

In many cases owners only take notice of board’s action when it effects their pocketbook; for example, when they receive a notice of special assessment, or their maintenance fees are increased. By that time the vote has most certainly been cast, as the meeting to discuss and approve the project or budget have already been held. The best time to get involved, so that you understand why an increase or assessment is necessary, and have a chance to provide input, is early. Attend board meetings, especially those to discuss projects, review contractor recommendations, and make decisions about what needs to be done.

The recent events at Surfside serve to point out what happens when important projects and/or maintenance are delayed due to unit owner objections to costs or project necessity.  These delays are often caused by a small group of very vocal unit owners that think they speak for the owners, when in fact it is the board that speaks for the owners, as they are the sole elected representatives of the owners.

At best the delays caused by these small vocal groups cost additional time and money, at worst they can be catastrophic. It’s important for owners to support the board when the time comes to proceed and that they participate early in the process, providing input and asking the questions they feel should be addressed before decisions are made and not after.

Royale Management Services, Inc. has been serving South Florida since 1984. The company was founded to provide high quality management and accounting services for business and individuals, Royale Management Services, Inc. expanded to the Community Association and Home Owner’s Association Management business in 2000.

Our team members are highly trained in all aspects of community association management and customer service. We take pride in delivering property management services that work!

Royale Management Services, Inc.
2319 N Andrews Avenue
Fort Lauderdale, FL 33311

Phone: (954) 563-1269
Toll Free: (800) 382-1040

Email: cam@rmsaccounting.com

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3 Common Lake & Pond Management Misconceptions by SOLitude Lake Management

3 Common Lake & Pond Management Misconceptions by SOLitude Lake Management

  • Posted: Oct 17, 2021
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3 Common Lake & Pond Management Misconceptions
Trent Nelson, Aquatic Specialist at SOLitude Lake Management

 

 

As an Aquatic Specialist with more than a decade of experience, I’ve assisted hundreds of property managers with their lake and stormwater pond management needs over the years. Despite the diverse types of lakes and ponds they oversee, I’ve noticed that many clients have the same set of concerns or misconceptions about their waterbodies. These often come to light as we work together to design a freshwater management program. Let’s take an in-depth look at some of these common assumptions. 

  • Lakes and ponds are permanent fixtures in the landscape

While lakes and ponds can be long-lasting features in our communities, they are not permanent. They fill with sediment that erodes from the shoreline or flows in during rainstorms. Weed growth and decomposition may lead to the development of muck. And trash, tree branches, and other pollutants can build up over time. 

The aging of a lake or pond is a natural phenomenon, but can be highly accelerated through human activity and industry, reducing a waterbody’s life by decades. If left unmanaged over the years, your waterbody could eventually fill up until it becomes a marsh or puddle. This is a process called lake and pond succession. 

The best way to prevent this inevitable decline is through proactive, ongoing management aimed at reducing erosion, nutrient pollution, muck development, and nuisance aquatic vegetation. These benefits are two-fold. In addition to prolonging the depth and overall lifespan of your lake or pond, you’ll also help prevent problems like algae, toxic cyanobacteria growth, bad odors, murkiness, invasive species infestations, fish kills, and more.

 

 

  • Herbicides pose a danger to non-targeted plants and animals

The most eco-friendly and long-lasting lake and pond management programs lean on holistic, natural solutions, but sometimes herbicides and algaecides are necessary to set your waterbody up for success. Herbicides tend to be a point of concern for property owners, but I’ve found that once they better understand the strict scientific processes surrounding the use of herbicides, their fears are alleviated. 

Herbicides used in the lake management industry are designed to exclusively target specific weed and algae species without impacting desirable plants and animals. They do so by interfering with the unique growth mechanisms identified in nuisance species that are not found in beneficial ones. Likewise, the concurrent use of eco-friendly compounds called surfactants helps confine herbicides and algaecides to the affected area without migrating elsewhere. Historically, herbicides have been applied by licensed professional ground crews, but new industry technologies like drones are making it possible to remotely apply products with more accuracy and efficiency, particularly in areas that are hard to reach or unsafe to navigate by foot. 

All herbicides must be evaluated and registered by the Environmental Protection Agency (EPA). In addition to collaborating with scientific authorities throughout the US, the EPA also carries out bilateral cooperative programs with the World Health Organization (WHO) and many other countries around the world. Once approved, all herbicides are subject to compliance monitoring and periodic reevaluation processes to ensure lasting safety and success. 

 

  1. All freshwater management programs are the same

It’s not uncommon for a property manager to assume that the solutions used on a friend or colleague’s lake or pond will work on theirs. Unfortunately, there’s no one-size-fits-all approach to lake and pond problems because no two aquatic ecosystems are the same. 

Your waterbody’s unique makeup and the way it responds to different treatments can be dictated by many factors, including water use, location, surroundings, plant and animal presence, pollution, and weather – just to name a few. Likewise, every stakeholder has different goals and budget requirements. That’s why freshwater management programs are most effective when customized for your unique aquatic environment. 

Typically, the program design process begins by establishing a baseline of your waterbody through a visual survey of the property and comprehensive water quality testing. Your Aquatic Specialist should work with you to identify the challenges your aquatic ecosystem is facing and determine the best course of action based on your needs and limitations. And because all of these factors can change over time, these conversations should continue on a regular basis. 

 

The management of lakes and ponds is truly a science and should be treated as such. When considering a management program, look for a freshwater management firm that prioritizes getting to know you and your aquatic ecosystem before implementing any services. Seek out an Aquatic Specialist who is educated about the responsible use of herbicides and is capable of sharing that knowledge with you in a clear manner. Our lakes and ponds are valued features that our communities rely on every day. If you oversee the management of these water resources, make sure you’re investing in both the present and its future.

 

 

Trent Nelson is an Aquatic Specialist at SOLitude Lake Management, the nation’s leading freshwater management firm specializing in the management of lakes, stormwater ponds, wetlands, and fisheries. Learn more about this topic at www.solitudelakemanagement.com/knowledge. 

 

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Is Your Association Prepared? Expect Supply Shortages – KBR Legal

Is Your Association Prepared? Expect Supply Shortages – KBR Legal

  • Posted: Oct 16, 2021
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Is Your Association Prepared?

Expect Supply Shortages  

There’s news once again reporting food and product supply shortages are on the horizon, if not already here, due to what can only be described as a logistics disaster. This morning’s news reported that there are thousands of shipping crates snarled in a logistical nightmare waiting to be off loaded with no relief in sight. One news source reported 250,000 crates are waiting to off load.  While no one is yelling “fire in a crowded theater,” (yet) it likely makes sense to get ahead of your association’s inventory needs. That said, hoarding is never a good idea. But, keeping extra inventory on hand may make sense until the supply chains are working correctly again.

   Sources for the following include CBS News, the Wall Street Journal and Axios:

“American families are going to face a two-pronged assault:

1. Empty shelves at toy and grocery stores
2. Inflated prices on the toys and groceries that are available

  At this very moment, there are 250,000 shipping containers stuck at sea off the east and west coasts, waiting to be unloaded and it could be months before they get to store shelves. But Biden is presiding over one of the biggest supply chain bottlenecks since WWII: [via CBS News]

  • Ships cant dock because ports are full
  • Ports are full because there aren’t enough truck drivers to take the shipping containers away
  • When truckers do arrive, the ports are poorly staffed and they can’t offload fast enough, resulting in truck drivers who used to pick up 20 loads/week, now only able to take six
  • The cost of shipping a container from China to the U.S. is now $20,000, four times higher than this time last year.

  It’s already begun: Stores across the country are already restricting supplies. Try not to have flashbacks to March 2020, but Costo and Walmart have announced they are limiting sales of toilet paper in some stores. And around the country, there are shortages of goods on shelves in Target, Costco, Home Depot, and Sears.

 Warning about your Christmas feast: Axios is reporting that food supplies will also be impacted: “Grocery stores could have limited quantities of a number of products heading into the holidays after some of the country’s biggest food manufacturers say they’re short on supply.”

The Boy Scout motto “Be Prepared” comes to mind!

 

 Rembaum’s Association Roundup

The community association legal news that you can use!

The free e-magazine for Community Association Managers, Board Members, Owners & Developers

Have an association related question? Find your answer at

RembaumsAssociationRoundup.com

 

Condo Board Member Certification via Zoom on October 22nd

Kaye Bender Rembaum offers free certification courses for homeowners’ association and condominium association board members. Please click here for more information!

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“The Great Resignation: A New Idea for Keeping Employees On the Job,” Human Resources Executive by Becker

“The Great Resignation: A New Idea for Keeping Employees On the Job,” Human Resources Executive by Becker

  • Posted: Oct 16, 2021
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“The Great Resignation: A New Idea for Keeping Employees On the Job,” Human Resources Executive

Ned Bassen / Becker 

By now, it appears well-established that employers generally may require COVID-19 vaccines for employees returning to work and may ask employees physically entering the workplace if they have been diagnosed with or tested for COVID-19. Employers also may require employees to come to work post-pandemic for legitimate nondiscriminatory reasons.

With the return to work looming, while many employers are discussing a “hybrid” remote/in-office work combination future, some employers either want employees back to the office full-time or for larger periods of time than employees would like.

But, what are employers’ rights when employees, especially millennials, don’t want to come back to the office and want to instead continue working remotely for their organization?

Not everyone wants to return to the pre-pandemic, 9-5 office lifestyle.

How (and sometimes when) to bring employees back into the office is a vexing decision that employers are currently or soon to be facing, along with how to give employees flexibility.

One recent study found that a “whopping 58% of workers say they would “absolutely” look for a new job if they weren’t allowed to continue working remotely in their current position.

The U.S. Department of Labor has reported that workplace resignations set a 20-year record in April 2021, with 4 million employees quitting their jobs. The global employment website Monster has said that 95% of employees are considering changing their jobs. (Read more on that here.)

Resigning employment has now reached such a new high level that quitting work post-pandemic has been labeled “The Great Resignation of 2021.”

What should employers do to ease the burden from employee departures when there will be difficulty finding qualified replacements?

To view the complete article, please click here.

 

For over 45 years, Ned Bassen has honed his expertise in labor and employment law. He is well-versed in litigating on behalf of and counseling defense contractors, financial institutions, universities and other nonprofit institutions and representing individuals accused of wrongdoing in connection with employment. His defense in such matters has included bankruptcy, employment discrimination, unlawful competition, poaching, corporate raiding, misappropriation of trade secrets, non-competes and other restrictive covenants, false claims, employment defamation and arbitration in the U.S. and internationally.

To learn more about Ned, please click here.

 

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Exciting Fountain & Aeration Deal Won’t Last! Time is running out on our amazing offer… By SOLitude

Exciting Fountain & Aeration Deal Won’t Last! Time is running out on our amazing offer… By SOLitude

  • Posted: Oct 16, 2021
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Exciting Fountain & Aeration Deal Won’t Last!

Purchase a new fountain or aeration system and receive FREE installation services!

This is not the time to neglect your lake or pond. Achieving a balanced, beautiful waterbody requires year-round attention and, in some cases, aeration. Fountains and aeration systems can provide many benefits to lakes and ponds and are one of our most recommended management solutions.

Purchase your NEW fountain or aeration system today and receive FREE installation services (up to a $700 value). Don’t wait! Offer expires on Oct 31.

PURCHASE MY FOUNTAIN OR AERATION SYSTEM

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Sunshine Services Unlimited, Inc. is an asphalt paving contractor serving Condo & HOA, business owners and homeowners throughout Palm Beach and Broward County.

Sunshine Services Unlimited, Inc. is an asphalt paving contractor serving Condo & HOA, business owners and homeowners throughout Palm Beach and Broward County.

  • Posted: Oct 15, 2021
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Sunshine Services Unlimited, Inc. is an asphalt paving contractor located in West Palm Beach and serving business owners and homeowners throughout Palm Beach and Broward County.

 

Sunshine Services Unlimited, Inc. is a professional asphalt paving contractor serving commercial and residential clients in West Palm Beach, Ft. Lauderdale and the surrounding areas. You can count on us for all of your asphalt paving needs. Whether you are in need of asphalt paving services for new construction or to repair or maintain an existing roadway, we are here to assist you. If you hire us for your asphalt paving or asphalt seal coating project, you can expect high quality work completed in a timely manner, excellent value for your money and customer service that is unmatched in our industry. Our West Palm Beach asphalt paving company offers free estimates and free consultations and we guarantee our work. We are fully licensed, bonded and insured for your protection.

 

Broward County /Palm Beach County /Martin County /St. Lucie County

 

We handle construction, maintenance, repairs and seal coating for roadways, cart paths, patios, pool decks, sidewalks, speed bumps and much more. Our licensed and insured asphalt paving company employs a team of highly trained, experienced asphalt paving professionals who use only high quality materials from leading brands to complete your asphalt paving, asphalt maintenance and construction projects.

If you are in need of asphalt paving and/or asphalt seal coating for your home or commercial property in West Palm Beach, Ft. Lauderdale or the surrounding areas, contact our West Palm Beach Asphalt Contractors today to obtain a free estimate. We look forward to working with you and to exceeding your expectations. Sunshine Services Unlimited is the West Palm Beach asphalt paving company that consumers have trusted since 1962!

 

Sunshine Services Unlimited

Bill Leon
Director of operations
Sunshine Services Unlimited
bill@sunshineservices.us
Web: https://www.sunshineservices.us/
561-791-4482

Palm Beach: (561) 375-2603
Broward: (954) 807-1656
Martin & St. Lucie: (772) 362-3379

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The Property Manager’s Partner Since 1989 – LAW OFFICES OF HEIST, WEISSE, & WOLK, P.A.

The Property Manager’s Partner Since 1989 – LAW OFFICES OF HEIST, WEISSE, & WOLK, P.A.

  • Posted: Oct 15, 2021
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LAW OFFICES OF

HEIST, WEISSE, & WOLK, P.A.

The Property Manager’s Partner Since 1989

EVICTIONS · LEASES · SOLID LEGAL ADVICE

 

Residential Managers

 

IF WE PREPARED THE LEASE FOR YOU, the attorneys’ fees for a residential eviction filing from the beginning until the Sheriff’s Deputy removes the tenant are $125 for conventional uncontested non-government subsidized evictions for non-payment of rent.

IF WE DID NOT PREPARE THE LEASE FOR YOU, the attorneys’ fees for a residential eviction filing from the beginning until the Sheriff’s Deputy removes the tenant are $250 for conventional uncontested non-government subsidized evictions for non-payment of rent.

We classify residential property managers as property management companies that manage single-family homes, duplexes and very small apartment communities.

Costs are additional and vary by county. Costs consist of the county filing fees, the costs of the sheriff or private process server to serve the summons and complaint and if necessary, the cost for the Sheriff’s deputy to remove the tenant from the premises.

FeesIn the event the case is contested or the tenant files a counter claim, the attorney’s fees and costs may increase.

The Law Offices of Heist, Weisse and Wolk strives to keep your costs to a bare minimum and no additional charges will be incurred by the client unless the client is advised and agrees to authorize further legal work. The vast majority of evictions are uncontested.

Occasionally a routine court appearance is required for which we typically charge an additional $150.00. Phone, office consultations and advice by email is always at no charge.

There is never a charge for postage or copies.

 

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WE’RE BACK LIVE AND IN THE STUDIO, AND WE’RE BACK TEACHING LIVE. by Eric Glazer

WE’RE BACK LIVE AND IN THE STUDIO, AND WE’RE BACK TEACHING LIVE. by Eric Glazer

  • Posted: Oct 15, 2021
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WE’RE BACK LIVE AND IN THE STUDIO. AND WE’RE BACK TEACHING LIVE.

This weeks topics: 

THE IMPORTANCE OF A WEBSITE FOR YOUR ASSOCIATION

EMOTIONAL SUPPORT ANIMALS IN A NO PET COMMUNITY. WHAT IS AN ASSOCIATION TO DO?

 

TAKING YOUR CALLS ON WHATEVER TOPIC YOU NEED ANSWERS TO OR WHATEVER YOU NEED TO GET OFF YOUR CHEST.

WE WILL TAKE YOUR CALLS AND ANSWER YOUR CONDO AND HOA QUESTIONS THROUGHOUT THE HOUR. CALL US AT 877-850-8585 DURING THE SHOW.
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If you’re a homeowner, water is one of the biggest threats to your house and personal belongings. by Smart Water Protection

If you’re a homeowner, water is one of the biggest threats to your house and personal belongings. by Smart Water Protection

  • Posted: Oct 14, 2021
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If you’re a homeowner, water is one of the biggest threats to your house and personal belongings. Your house has an intricate network of plumbing and a burst pipe could lead to both major headaches and expensive repair bills. Not to mention other water problems, like a heavy storm, a deep freeze or even a busted hose on a dishwasher.

It seems your home is always moments away from getting soaked.
Water damage (including damage from freezing) is one of the most common and most costly types of homeowners insurance claims. Every year, about one in 50 homeowners will file a water damage or freezing claim, accounting for almost 24% of all homeowners insurance claims, according to the Insurance Information Institute. The average cost of a water damage or freezing claim is about $10,900.
One of the best ways to protect a home from water damage is by taking some preventative measures. Keeping up with routine maintenance and making prompt repairs is key.
Remember, homeowners insurance covers water damage that is “sudden and accidental” but not gradual problems or maintenance issues. If you have a problem like a leaky faucet, it’s best to take care of it as soon as possible.
Here are other steps you can take:
• Drain water heaters twice a year to help prevent sediment buildup.
• Install smart water leak detectors that will send an alert to your phone or email. (Some detectors can
automatically shut off the water to prevent damage). In a LexisNexis study of 2,306 U.S. homes that installed a water leak detector had water-related claims go down by 96% compared to the two years prior to installation.
• Inspect hoses going to and from washing machines, dishwashers, water heaters and refrigerators. Repair or replace any damaged hoses if necessary.
• Inspect your roof and make any necessary repairs, such as replacing missing, rotten or damaged shingles. It’s also a good idea to clean out your roof gutters. Clogged gutters can overflow and allow water to pool near a home’s foundation, which could seep into your basement.
• Prevent frozen pipes if you live in an area that has extreme cold temperatures. Keep your heat set to at least 50 degrees and consider other precautions, like wrapping pipes with insulation.
Smart Water Protection

AKWA Technologies Solutions inc.

Valérie Mélignon • Executive Director, Strategic Alliances • 941.726.7806 • valerie@AKWAtek.com

Smart Water Protection

Dennis McSweeney • President • 941.350.1227 • dmcsweeney.swp@gmail.com

941.350.1227
Condo & Hoa Expos – Get legal insights, financial advice, communication tips, management solutions and much more from top professionals.

Condo & Hoa Expos – Get legal insights, financial advice, communication tips, management solutions and much more from top professionals.

  • Posted: Oct 10, 2021
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OCTOBER 12TH : 9:00 A.M. IN MIAMI

AT THE MIAMI BEACH CONVENTION CENTER.

Join Us on October 12th! Seminars and Professional Development. Condo & HOA Expo offers a full day of seminars and talks led by the regional and national experts who will offer insights into trends and best practices in legal oversight, financing, maintenance, renovations, administration and much more.

Sign up for the networking and educational event of the year! Get face-time with the industry experts, browse the latest products and services and learn how to save thousands of the management and maintenance of your condo or HOA.

Registration is FREE for association managers, board members. Don’t delay!

Register NOW! 

 

 

OCTOBER 14TH: 9:00 A.M. IN PALM BEACH

AT THE PALM BEACH CONVENTION CENTER

For one day only, the Palm Beach Convention Center will be packed with the latest products and services as well as an array of industry experts. It’s an unparalleled opportunity to make valuable connections and speak directly with local and national experts about the topics that are relevant to you and your property.

Get legal insights, financial advice, communication tips, proactive management solutions and much more from some of the region’s top professionals. This one-day event will also give you a sneak peek at the latest design trends gracing today’s most prestigious developments, plus innovations in building and remodeling and the newest energy efficiency options.

Register Now!

 

 

 

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