Become a Member: JOIN SFPMA TODAY   LogIn / Register: LOGIN/REGISTER

SFPMA Industry Articles | news, legal updates, events & education! 

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

Is It Time To Amend Your Condominium Declaration? by Becker

Is It Time To Amend Your Condominium Declaration? by Becker

Is It Time To Amend Your Condominium Declaration?

BY   / Becker

 

Does your Declaration of Condominium still refer to Chapter 711 as the Florida Condominium Act? Well, maybe it is not that old, but perhaps it has been a decade since it has been revised. If that is the case, then it may be time to amend the governing documents to ensure that they include the most recent amendments to the Condominium Act and address changes in your community’s needs which have developed over time.

Section 718.110(1)(a), Florida Statute, provides that if a declaration fails to provide a method of amending the document, it may be amended, as to most matters, if the amendment is approved by owners of not less than two-thirds (2/3rd) of the units. There are two major exceptions, however. First, changing any appurtenances to the unit or changing an owner’s percentage share in the common expenses requires the approval of all owners and all lienholders, unless the original declaration provides otherwise. Second, an association cannot amend a declaration to create timeshares without the approval of the all owners and all lienholders, unless the original declaration provides otherwise.

Now that you know the basics of an amendment, lets discuss “why” in terms of a growing issue in Florida (i.e., short term rentals). If the goal is to amend the declaration to address the onslaught of short term rentals popping up with more and more frequency in condominiums, Section 718.110(13) must be considered. This statute provides that any amendment prohibiting owners from renting their units, altering the duration of the rental term, or limiting the number of times owners are entitled to rent will only apply to owners who agree to the amendment and to owners who purchase their unit after the effective date of the amendment. The amendment however limited it seems now, may be prudent today nonetheless. Why? Because it may take a bit for the new restrictions to apply to all owners and those short term rental investors while gaining momentum are still in the minority.

Amendments should not be taken lightly. If an amendment is done incorrectly, it will be deemed void or invalid. Once you have ideas as to what your Association needs in light of what the governing documents provide, it is important to meet with the Association’s attorney to discuss these. The attorney can then advise of those changes which would be permitted and craft language aimed at meeting the Association’s needs harmonizing those with the Condominium Act.

 

Robyn M. Severs

Shareholder / Orlando
904.423.5372
RSEVERS@beckerlawyers.com

 

Tags: , ,
Can They Do That? Video Series by Becker

Can They Do That? Video Series by Becker

  • Posted: Jul 07, 2021
  • By:
  • Comments: Comments Off on Can They Do That? Video Series by Becker

Can They Do That? Video Series

Becker’s video series, tackles some of the unique problems that homeowners and renters face today. We answer questions, no matter how far-fetched they may seem. From service animals to nudists in your community, we get to the bottom of it and let you know – “Can They Do That?”

by Becker

 

Episode 24: New Budget That Includes a Contingency Fund

Our board wants to adopt a budget that includes a contingency fund. – “Can they do that?”
Aired 11/23/2020

Episode 23: Can Board Change the Way We Fund Reserves

Our board has proposed a budget in which they’re changing the way we’re funding reserves. – “Can They Do That?”
Aired 11/17/2020

Episode 22: Condominium Funding Reserves

Our condominium has never funded reserves, and yet, the board has proposed and adopted a budget that provides for full funding of reserves. – “Can They Do That?”
Aired 11/05/2020

Episode 21: Forbidding Political Signage

I put up a political sign for my favorite candidate. My HOA and the Board sent me a letter telling me to take it down. I have a right to free speech don’t I? – “Can they do that?”
Aired 10/09/2020

Episode 20: Association Hurricane Shutdowns

A hurricane is a few days away from landfall near my condominium. The association sent a notice that elevators and the building air conditioning will be shutdown for 36 hours before landfall. “Can they do that?”
Aired 9/22/2020

Episode 19: Unofficial Community Websites Causing Harm

I came across an unofficial community website that was using our official logo and name. The website included some damaging information about the association. “Can they do that?”
Aired 8/26/2020

Episode 18: City Notice That Property Is in Violation of Local Code

I received a notice that my property is in violation of local code and ordinances. The city wants to start imposing fines on my property. “Can they do that?”
Aired 7/28/2020

Episode 17: Insurance Company Litigating Local Claims Out of State

The insurance company wants to take my Florida claim and litigate in New York. “Can they do that?”
Aired 6/29/2020

Episode 16: Employer Mandated Quarantine After Traveling

I’m going to go on a trip right now. Prices are really low to travel, and I want to visit my family. My employer’s telling me that if I go on the trip I’m not able to come back to work. My employer is going to mandate that I quarantine myself for 14 days when I come back. “Can They Do That?”
Aired 5/27/2020
Tags: , , ,
New Requirements for Collection of Delinquent Assessments

New Requirements for Collection of Delinquent Assessments

  • Posted: Jul 07, 2021
  • By:
  • Comments: Comments Off on New Requirements for Collection of Delinquent Assessments

New Requirements for Collection of Delinquent Assessments

Robert Kaye, Managing member of Kaye Bender Rembaum, recently wrote an informative and telling article explaining the new collection procedures mandated to be in effect July 1, as a result of  the 2021 legislation. Every board member, manager, and developer needs to be aware of these important changes.

———————————–

The Florida Legislature has revised the procedures for collecting delinquent assessments, which add additional steps and delays for the owner to pay before legal action can commence and/or attorney’s fees can be recovered. Senate Bill 56 has revised Sections 718.116 and 718.121 for condominiums; 719.108 for cooperatives; and, Section 720.3085 for homeowners’ associations. With these changes, the collection procedures for all of these types of communities will be substantially the same. The new laws are effective July 1, 2021.

Initially, the new provisions have revised the time for the notices sent by the association attorney for condominiums and cooperatives to 45 days for both the pre-lien first letter and the post-lien notice of intent to foreclose. (Homeowners’ associations were already at 45 days).

The most important and significant addition to this statutory change is the addition of a new notice requirement by associations before they may refer a matter to the association attorney for collection and recover the attorney’s fees involved. This written notice is required to be mailed by first class mail to the address of the owner on file with the association. If the address on file is not the unit or parcel address, a copy must be sent there as well. The association is also required to keep in its records a sworn affidavit attesting to the mailing. The new statute contains a form for that notice which is required to be substantially followed.

As the respective statutory provisions now indicate, associations must incur a minimum of 120 days of collection efforts before a foreclosure action can begin, with a total of three (3) separate required statutory notices. This includes the: (i) initial 30 day notice of the intent to refer the matter to the association attorney (for which no attorney’s fees can be charged to the owner); (ii) 45 days for the pre-lien notice period; and, (iii) 45 days for the pre-foreclosure lien period. As such, in order to best protect the interests of the association, it is recommended that the first 30-day notice be sent at the earliest possible date in the association collection process. This will typically be when the governing documents indicate the assessment to be “late”. Careful review of the governing documents by legal counsel should be undertaken to determine whether there is a specific “grace period” indicated in the documents before the assessment is considered late. Once that determination is made, the board should adopt a formal collection policy that incorporates these new statutory requirements, which will also need to be mailed to all owners. A new provision has also been added that begins with “If an association sends out an invoice for assessments. . .” to unit or parcel owners, such notice is to be sent by first class mail or electronic transmission (email) to the respective addresses for the owners that are in the association official records.

Moreover, if the association wishes to change the method of delivery of an invoice, the new Statute creates specific steps that must be followed precisely in order for the change to be effective. Specifically, a written notice must be delivered to the owner not less than 30 days before the change of delivery method will be implemented. The notice must be sent by first class mail to the address on file with the association. If the address on file is not the unit or parcel address, a copy must be sent there as well. In addition to the notice requirement, the owner must “affirmatively acknowledge” his or her understanding of the new delivery method. The written acknowledgment can be sent electronically or by mail, and must be maintained in the Official Records (although it is not available for inspection by other owners). However, without this acknowledgment, the association may not change the method of delivery. The Statute does not presently include a time frame for the owner to provide that acknowledgment or offer any remedy to the association if none is forthcoming. This can be particularly daunting or problematic when the association changes management companies, when the new company’s procedures differ from the prior company.Before the association attorney can commence any collection work for an association, it will be necessary for the association to provide all of the backup documentation of the compliance with each of these new statutory requirements, as well as the information previously required (such as a current account ledger). If any of the documentation is missing with the initial turnover information, there will be delays in the collection process, which can be detrimental to the association operation. It is therefore imperative that these new procedures are fully integrated into the association operation without delay. We recommend that you contact your Association counsel with any questions on the new procedural requirements to ensure compliance.

Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of ‘Rembaum’s Association Roundup’, an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations.  His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.

 

 

Tags: , ,
Now more than ever, condominium association boards are keenly focused on the structural integrity of their buildings.

Now more than ever, condominium association boards are keenly focused on the structural integrity of their buildings.

  • Posted: Jul 06, 2021
  • By:
  • Comments: Comments Off on Now more than ever, condominium association boards are keenly focused on the structural integrity of their buildings.

Now more than ever, condominium association boards are keenly focused on the structural integrity of their buildings.

Sinisa Kolar, P.E. joins FirstService Residential for a virtual event, Ask the Experts: Condominium Structural Integrity, where our panel of experts will discuss:
• At-risk buildings
• Signs of structural stress
• Partnerships with licensed structural engineers
• Inspections and certifications
• Role of preventive maintenance
• And more!
RSVP today. This is an event you don’t want to miss!
Tags:
Introducing Oxygen Saturation Technology

Introducing Oxygen Saturation Technology

Introducing Oxygen Saturation Technology

Protect your waterbody from poor water quality conditions
with NEW premium management solution.

Without healthy levels of dissolved oxygen, lakes and ponds can struggle with water quality issues like algal blooms, nuisance aquatic weeds, and foul odors.

Oxygen Saturation Technology injects high levels of oxygen into the water column (without mixing layers) which promotes naturally occurring bacteria and microbes to break down the organic pollutants and utilize excess nutrients that can fuel water quality issues.

Pond Safety Checklist: 5 Items to Cross Off

Just as lifejackets or first aid kits are important, so is addressing the maintenance needs of your lake or pond. Discover the five things you should monitor to ensure a safe summer on and around the water…
Tags: ,
LET’S NOT FOCUS ON BLAME – AND FOCUS ON CHANGE INSTEAD By Eric Glazer, Esq.

LET’S NOT FOCUS ON BLAME – AND FOCUS ON CHANGE INSTEAD By Eric Glazer, Esq.

  • Posted: Jul 05, 2021
  • By:
  • Comments: Comments Off on LET’S NOT FOCUS ON BLAME – AND FOCUS ON CHANGE INSTEAD By Eric Glazer, Esq.

LET’S NOT FOCUS ON BLAME – AND FOCUS ON CHANGE INSTEAD

By Eric Glazer, Esq.

Published July 7, 2021

 

As they say…hindsight is 20/20. The tragedy in Surfside rips your guts out. I had to go there and see it for myself. I did. I then walked over to the memorial and saw pictures of the victims, including little kids, entire families and you wonder how anything like this could have possibly happened. Immediately you want to blame someone. You want justice. You want someone to pay for what happened here. It’s only natural to feel that way. But we need to try to calm down and think this out rationally.

It all starts with the fact that there has NEVER been a building collapse like this that anyone is aware of, not only in Florida, but anywhere in the entire country. Think about that. This has never happened before. There is no precedence for this disaster. Did the Board members have engineering reports warning them that the concrete would deteriorate exponentially if not replaced? Yes they did. Were they told the building would collapse if they don’t immediately fix it? No, they weren’t. In fact, it appears that the Chief Building Official in Surfside actually attended a board meeting and told the community that the building was fine and not in any danger.

The Board no doubt figured that this massive project needs an intense amount of planning. The association needs to apply for a loan. The board needs to prepare for a special assessment. Engineers need to prepare a bid package. The right contractor has to be chosen. This does not happen overnight and it appears that the Board accomplished almost all of these things. Those of you who live in condominiums also know that those board members must have also been fighting intense pressure from many unit owners not to pass a $15,000,000.00 special assessment in the middle of the COVID pandemic no less! While I’m sure the Board members knew that the more time it takes, the more damage would occur and additional repairs would be needed, none of them thought for a moment that delay would result in the collapse of the building. If they did, some of them wouldn’t have been there when the building collapsed. Had the Board members been told by professionals that this building could collapse, then I would change my tune. But there is no evidence that they were told.

Going forward, rest assured that from now on when an engineer inspects a condominium building and observes concrete spalling, the report will indicate that the building may collapse if not repaired promptly. There is nothing to lose by placing that in a report from now on, but perhaps a lot to lose if you fail to place that in a report.

We tend to forget that the average Joe or Sally on a Board of Directors is not an engineer, general contractor or condominium or construction attorney. Many of them have no experience whatsoever in how buildings are constructed and maintained. All they can do is rely on what their experts are telling them. I don’t see any experts telling this board at the Champlain Towers South that this building may collapse. How then can they be expected to know that it would?

Again, this tragedy provokes an automatic impulse in all of us that somebody must be held accountable here. Somebody must pay. Some have even called for criminal prosecution of the Board. As many of you know, being a board member is a thankless job. On your best day, you are harassed, yelled and cursed at, and always second guessed. It’s hard enough to get volunteers to serve on the Board. If you are going to hold directors individually or criminally liable when accidents happen, even tragic accidents, that have never before happened anywhere in any building you are headed down a very dangerous path where it would not make sense for anyone to take the thankless board member position out of fear of losing their money or even their liberty. You would have to be nuts to volunteer.

So while we all want some justice here and some answers, I urge everyone to take the focus off of the Board for a moment. They are too easy a target and should not be made the scapegoat here. Maybe we need to ask why buildings on the ocean don’t have to pass an annual inspection every year by the county or municipality. Maybe we need to ask if there should be stricter scrutiny of buildings built before massive changes to the South Florida Building Code were made after Hurricane Andrew, like the Champlain Towers South. Maybe we need to ask why municipalities are now asking their Building Departments to inspect tall buildings, but never required it previously. Maybe we need to find out why the elevators have to pass an annual inspection but not the structure of the building itself. Maybe we need to find out why the first time a building gets inspected is at the 40 year recertification requirement and why that is only a requirement in Miami-Dade and Broward Counties. If you want to find someone or something to blame for this catastrophe, this is where I would start.

 

Tags: , ,
AKWA TECHNOLOGIES PARTNERS WITH SMART WATER PROTECTION

AKWA TECHNOLOGIES PARTNERS WITH SMART WATER PROTECTION

  • Posted: Jul 05, 2021
  • By:
  • Comments: Comments Off on AKWA TECHNOLOGIES PARTNERS WITH SMART WATER PROTECTION

AKWA TECHNOLOGIES PARTNERS WITH SMART WATER PROTECTION

 

SARASOTA, FLORIDA / JULY 1st, 2021

AKWA Technologies (www.AKWAtek.com) signed a partnership agreement with Smart Water Protection, based in Sarasota.

Smart Water Protection (www.smartwaterprotection.com) is first in the US market with the AKWA Technologies Water Alarm system and will focus on the condominium and multi-residential building markets in Florida. Owners Dennis McSweeney and his partner have a strong background in commercial risk management and years of experience in the water restoration / remediation industries.

The system, designed to prevent and detect water leaks, offers industry-leading features such as automatic shut-off valve, multi-type sensors and a unique dashboard to manage multiple properties. 

McSweeney said: “Loss trends show non-weather-related water damage is the fastest growing exposure both in frequency and severity, according to the insurance industry. Stopping water flow immediately is the key to limiting the cost of the damage. Insurance companies may soon start requiring such systems in high-rise buildings.”  He added: “The challenge in the market is to get the attention of property managers and condominium / building owners to the risks of water damage before disasters strike.  AKWA Technologies brings a state-of-the-art, IoT solution that every condominium association should be considering.”

ABOUT AKWA TECHNOLOGIES

AKWA Technologies, a brand of AKWA Technologies Solutions inc. (www.AKWAtek.com) is a leader in Water Alarm systems!  Our mission is to prevent property damage caused by water leaks through a smart, reliable alarm system that can be adapted to different building configurations. With our centralized management dashboard, AKWA Concierge, this solution is ideal for multi-residential, condominium or commercial properties of all sizes.

Our company is committed to on-going market development for this technology with new partners in North America and other countries based on the system’s highly customizable features and flexibility to meet the needs of different markets.

CONTACTS:
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

Tags: , ,
Nothing worse than delivering to clients with flooded docks – Call us Today!

Nothing worse than delivering to clients with flooded docks – Call us Today!

  • Posted: Jun 29, 2021
  • By:
  • Comments: Comments Off on Nothing worse than delivering to clients with flooded docks – Call us Today!

We were hired to inspect, clean, and document the underground storm utilities and structures for 12 commercial office buildings and 6 retention ponds on a large stretch of land on International Drive. Having crews in Miami and Orlando has me excited about the future!

 

SOUTH FLORIDA COMMERCIAL PLUMBING CONTRACTORS

GreenTeam Service Corp. is a professional and reliable commercial plumbing contractor, providing timely service for commercial buildings including Class-A office buildings, industrial properties and healthcare facilities throughout South Florida. GreenTeam’s number one focus is customer experience

We live by the words: Exceptional service.  No exceptions.

Providing off-the-chart service is more than just a motto at GreenTeam Service Corp. We hold each other accountable and never quit until we know we’ve done a quality job for each and every client we come into contact with. Put GreenTeam’s unending dedication to service into play for your next plumbing project. You’ll be glad you did!

HEALTHCARE | CLASS-A OFFICE | INSTITUTIONAL
INDUSTRIAL | HOA | HOSPITALITY | GOVERNMENT

Storm drain cleaning and vac truck projects and we couldn’t be more thrilled. We are now servicing Miami-Dade, Broward and Palm Beach. Let’s get you on the schedule!

GreenTeam Service Corp

Call

(954) 210-4100   or

email plumbing@greenteamservicecorp.com

 

Tags:
Eradicating Pond Weed at Golf Course

Eradicating Pond Weed at Golf Course

SOLitude Lake Management has been servicing this property for over ten years. Due to southeast Florida’s tropical climate and year-round growing season, many plants, both native and non-native, become invasive on land and water, requiring constant control methods. Aquatic vegetation (algae, Vallisneria, and hydrilla) was managed by repeated herbicide treatments in order to maintain proper water flow and lake/pond health.

 

water flow and lake/pond health.

before-and-after-fl-gc-case study before and after procellacor invasive weeds floating hearts

Location: Palm Beach, FL

This property is a collection of suburban residential homes surrounding a golf course located at the northern tip of the Everglades. Due to seasonal flooding in this region, land development requires stormwater collection and flood control systems mandated by several drainage district government entities. This property has a series of interconnected lakes and ponds to collect and move floodwaters into discharge canals that eventually lead out to the Atlantic Ocean. Water flows into the site from other areas, including agricultural lands to the west. The lakes and ponds at the property provide important habitats to migratory and wading bird populations.

nutrient remediation products - on the job - lake and pond treatment - algae and aquatic weed control - alum - calcis - phoslock

Scope Of Work:

ProcellaCOR was used to eradicate invasive floating heart in two ponds. ProcellaCOR is a new herbicide technology that can be used for the selective control of some of our nation’s most invasive and recurring aquatic weeds. Leveraging new mechanisms to specifically target the unique growth processes of these undesirable species, ProcellaCOR helps property owners achieve long-term control of the following aquatic plants without the need for costly re-application. The product’s premium low dosing features allow for a 100-1000x reduction (compared to other aquatic herbicides) in the active ingredient necessary to eradicate the invasive and noxious aquatic weeds responsible for degrading the health and use of waterbodies. These superior results are paired with a Reduced Risk classification by the EPA, meaning it can be applied to lakes and ponds without impacting the native plants you enjoy or interfering with recreation.

Nymphoides_cristata-floating hearts invasive aquatic weeds

Project Description:

 In 2017, project managers observed a new species of aquatic invasive – Nymphoides cristata, commonly called floating hearts – a CATEGORY I on the Florida Exotic Pest Plant Council’s (FLEPPC) 2017 List of Invasive Plant Species. Nymphoides have become established in South Florida surface waters after escaping from the ornamental plant trade. It has small heart-shaped leaves that float on the water’s surface while the roots grow into the hydrosoil. It is presumed that Nymphoides were introduced into the property by inflowing surface water from adjacent drainage canals.

Repeated attempts were made to control Nymphoides by carefully applying systemic herbicides that were already being used to treat other aquatics found on the property. The results of these treatments were unsuccessful. Next, a foliar contact herbicide was used to treat the plant on the water surface; however, it did nothing to the submersed portion, which continued growing.

procellacor nutrient remediation algae and aquatic weed before 3

In 2018, a new solution called ProcellaCOR became available. SOLitude began a test study in two ponds on the property with Nymphoides where previous control had not been successful. This alternative solution has several useful features (environmental and cost-effective) that made it a good choice for this problematic aquatic plant: 1) Its unique formulation targets a hormone in certain plants, Nymphoides being one of those, without affecting other native aquatic plants. 2) Application only needs to be done in the areas where the plant is physically growing, not the entire pond.

The ponds selected on the property for this test study were chosen for their similar size, the amount of Nymphoides present in the water (60 – 70% coverage), and location. Pond A is located farthest away from any surface water canal inflow. Pond B is located closest (40 feet) to the inflow surface water canal from the west. Water from Pond A is used to irrigate residential lawns. Pond B is not used for irrigation.

procellacor nutrient remediation algae and aquatic weed after 3

Efficacy was visible on plants within days of application, and complete control was established about three weeks later in both ponds. Regrowth of Nymphoides was not observed for approximately 8 months in Pond A and 10 months in Pond B. There were no incidents of issues using irrigation water from Pond A. Current treatment methods include the use of ProcellaCOR as needed to treat all waterbodies on the property with 100% control of Nymphoides.

 

Tags: ,
Fair Collections Everyone In Your Association Can Smile About

Fair Collections Everyone In Your Association Can Smile About

  • Posted: Jun 29, 2021
  • By:
  • Comments: Comments Off on Fair Collections Everyone In Your Association Can Smile About

Fair Collections Everyone In Your Association Can Smile About

When a condominium, cooperative, or HOA homeowner doesn’t pay fees and assessments owed to the condominium association, cooperative, or HOA on time, a problem is created for both the association and the homeowner. Associations are forced to act against the homeowner. Homeowners risk losing their homes. It all seems so unfair, doesn’t it?

At Axela Technologies, we believe “Fair is Fair”

Axela Technologies brings order to the chaos and a solution to the problem. Condominium Associations, Cooperatives, and HOAs can count on Axela Technologies to deal fairly with the debtor and assist them in getting caught up with their delinquent fees and assessments. Homeowners have a far better shot of getting themselves back in good financial standing without suffering the consequences of severe legal bills and expenses created when the matter is referred to an attorney.

Axela Technologies is a full-service debt collection agency using modern technology to solve an age-old problem. When home or unit owners stop paying their fees in a timely fashion, the whole association suffers. That just isn’t fair to all of the other homeowners who do pay on time!

Happycollections 1 1

The Unspoken Challenges With Using Attorneys For Collections

Turning the matter over to an attorney conveys to the homeowner how serious their delinquency is. However, it isn’t necessarily the best decision because the attorney does not collect dues/fees. If delinquent payments stem from the homeowner’s financial difficulties, placing a lien on the property hinders the homeowner from selling the property for debt repayment. Buyers will want the lien paid off before closing, and banks are often unwilling to refinance a mortgage or provide a new loan to the owner until the lien is satisfied.

This scenario ultimately impedes the Community association from their goal of collecting delinquencies. Attorneys are useful and necessary but only if all other methods of collections have failed. The attorney will bill the association for their services. Again, the homeowners who do pay on time may be stuck paying that bill, too. That doesn’t seem very fair, does it?

Happycollections 2 2

Fair Collections Are Innate With A Merit-Based System

Axela Technologies not only collects the association’s money, but we perform on a merit-based system. In other words, if we don’t collect from the delinquent home or unit owner, we don’t get paid. Our interests are firmly aligned with the interests of the association.

You might be wondering how we can make such a bold claim and wonder how we get paid for our collection services. Because we specialize in association collections and employ a great deal of technology to assist in our collection efforts, we have become particularly good at what we do. We have reasonable fees that we pass along to the delinquent home or unit owner. We collect our fees from the delinquent owner. It is efficient and effective and, most importantly, FAIR!

Happycollections 3 1

We View Foreclosure As The Last Result

We typically clear up 95% or more of all delinquencies BEFORE the matter needs to be turned over to an attorney for foreclosure. We view foreclosure as the end result of a home or unit owner who simply wouldn’t respond to reason over the course of our collection efforts.

I know this sounds too good to be true but it isn’t! Kindly email, call, or schedule a Zoom conference with a member of Axela Technologies business development team so we can take a closer look at your association’s needs and offer a modern solution for your consideration. After all, Fair is Fair!

 

 

Tags: , ,
A TRAGEDY WITH MORE QUESTIONS THAN ANSWERS By Eric Glazer, Esq.

A TRAGEDY WITH MORE QUESTIONS THAN ANSWERS By Eric Glazer, Esq.

  • Posted: Jun 29, 2021
  • By:
  • Comments: Comments Off on A TRAGEDY WITH MORE QUESTIONS THAN ANSWERS By Eric Glazer, Esq.

A TRAGEDY WITH MORE QUESTIONS THAN ANSWERS

By Eric Glazer, Esq.

Published June 28, 2021

 I was lucky enough to be on vacation the past two weeks.  On my last day, I woke up to the tragedy that was unfolding in Dade County as the Champlain Towers South Condominium came crashing down in Surfside.  There are still over 150 people missing or unaccounted for.  Before commenting on this devastation that will no doubt change the way Boards and counties and municipalities inspect condominiums going forward, let’s start by feeling terrible for the victims and families of this tragedy.  My heart truly goes out to them.

I’ve seen a lot of strange things happen in my legal career.  I’ve seen owners spray their unit with ammunition from an AK-47.  I’ve seen unit owners throw contents of an entire apartment over their 20 story balcony from roid rage, I’ve seen owners store dangerous toxic chemicals in their unit.  But, you know what I have never seen………..a building like the Champlain Towers simply collapse.  Sorry, I’ve never seen that before.  We have all seen buildings that collapsed after a terrorist attack and buildings that were destroyed by a hurricane.  But I don’t believe we have seen anything quite like what happened here.

So…….what the hell really happened?

Apparently, an Engineer gave the Board of Directors a report in October of 2018 that found “failed waterproofing is causing major damage to the concrete slab.  Failure to replace the waterproofing in the near future will cause the extent of the concrete deterioration to expand exponentially.”  The engineer recommended a very expensive but necessary process to correct this.  In the garage, there was evidence of cracking and spalling in the concrete columns, beams and walls —- with exposed rebar.  “Most of the concrete needs to be repaired in a timely fashion.  Clearly, the Board knew about structural defects that needed repair.  The question is, did those necessary repairs go unanswered and if so, was that the cause of this tragedy.  I am not blaming anyone for anything.  However, the lawyer in me tells me that buildings don’t just simply fall down without any warning signs whatsoever.  .  But here is what I want to know and see:

  1. Has the City or County previously notified the condominium about any structural defects?  If so when and how?
  2. Has any contractor or engineer notified the condominium about any structural defects?  If so, when and how?
  3. Has any engineer or contractor inspected the property or performed repairs on the property that could have caused damage that led to this disaster?
  4. Has any unit owner or the association made any material alterations to the property by removing any structural walls?
  5. Was the Board ever made aware that the structure of the building needed repair?  If so, when and how?
  6. Was the board aware that balconies were spalling and rebar was rusting?  If so, what did they know and when did they know it?
  7. Has the insurance carrier performed any inspections of the property and if so, when and what were the results?
  8. Has the County required a 40 year certification regarding the structural and electrical components of the building?  If so, what were the results?
  9. Was a reserve study performed on the condominium?  When?  What were the results?
  10. What bid packages were sent to contractors?  When were bids received?
  11. What follow-up was done by the association with the engineer of the 2018 report?
  12. What was discussed at Board meetings regarding the need for repairs to the structure?
  13. Were any owners complaining about damage in their unit or parking spots?

The results of reviewing these documents are crucial for several reasons and may lead to a need to review additional documentation.

In addition to their unit, many people at Champlain Towers South lost every piece of personal property they owned.  They lost all of their furniture, appliances, electronics, clothing, jewelry etc… If they did not have an HO-6 insurance policy, the only way they can get reimbursed for their loss is by proving negligence against the association.  The above documents will be crucial in knowing whether or not there was or was not negligence here. If there was, owners can sue the association for damages .  If there wasn’t, the owners suffered a total loss without a chance for recovering damages for their personal property.  And by the way…….just because the building exploded and people died does not relieve any of these owners from having to continue to pay their mortgages while now having to find a new home.  It is a tragedy on many levels.

As many of you know, in both Miami-Dade and Broward County, condominiums are required to undergo a 40 certification process whereby an engineer must attest that the building is structurally safe and electrically safe.  If you can believe it, it appears that the Carlisle was in its 40th year.  Apparently, there was a demand for certification by the county.

It would not surprise me if we see a change going forward, reducing the 40 year certification to 30 years or even less.  I think engineers are about to be busy.  I don’t think anyone in condominium buildings will ever turn a blind eye to cracks in the concrete that is so often done.

I pray for the families that have suffered a loss and/or still don’t know for sure if a loved one is among the rubble.  I also pray that the Boards of Directors of every condominium understand the immense power they have to potentially save lives by making sure the property is always safe and sound.  Too many times you hear about not being able to afford necessary repairs.  Too many times the can is kicked down the road.  The reserves are waived for the umpteenth year again and again and again.  I’m not saying that this definitely happened here at the Champlain Towers.  I am saying what I said at the top:  buildings just don’t fall down.  But every board everywhere has the solemn obligation to make sure something like this never happens again.