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. 

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.comis 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.

 

 

There has been a lot of talk lately about the 40 Year Recertification of Buildings in Florida

There has been a lot of talk lately about the 40 Year Recertification of Buildings in Florida

  • Posted: Jun 29, 2021
  • By:
  • Comments: Comments Off on There has been a lot of talk lately about the 40 Year Recertification of Buildings in Florida

There has been a lot of talk lately about the 40 Year Recertification of Buildings in Florida

The truth be told the law that requires recertifications after 40 years and then again every 10 years after that is not a state law. or Miami/Dade County and Broward County law.

The law was first put in place by Miami Dade county in 2001 with Broward County essentially copying the Miami/Dade law in 2006.

The process is primarily a creature of Miami-Dade and Broward counties. It’s an inspection intended to ensure buildings are structurally and mechanically safe and intact as they age.

It requires an engineer to do a study of the building based on its structure, electrical, plumbing, and so on, the study is going to tell, what’s wrong with the building. In south Florida that often means issues with concrete and other structural systems. Living in paradise might be great for people but, sun, wind, salt air, and hurricanes takes a toll on buildings. Regular maintenance painting, waterproofing, and other repairs can slow the toll but not eliminate it.

To learn more, check out https://www.broward.org/CodeAppeals/Documents/40YBSI-INFO-Rev.6-15.pdf

 

Should Emails Between Board Members & Managers Be Considered Official Records Subject to Member Inspection?

Should Emails Between Board Members & Managers Be Considered Official Records Subject to Member Inspection?

  • Posted: Jun 28, 2021
  • By:
  • Comments: Comments Off on Should Emails Between Board Members & Managers Be Considered Official Records Subject to Member Inspection?

Should Emails Between Board Members & Managers Be Considered Official Records Subject to Member Inspection?

 

In today’s instant world, email allows us to express our thoughts anytime, anywhere. So often, emails serve as a substitute for making phone calls. If a phone call is made from a board member to a manager, absent a deposition of either party or a

contemporaneous note documenting the conversation, the content of the communication remains private. But, if the board member sends an email rather than calling the manager, that email is considered a written record of the association and is required to be produced as a part of a member’s official record request, with limited exception as discussed below.

 

With the sheer volume of emails received by a manager from owners, board members, purchasers, contractors, and lawyers, etc., there is no practical method of separating the emails which must remain confidential. This includes emails with respect to attorney-client privileged matters, personnel matters, information obtained in connection with a sale or lease, social security numbers, and medical information, etc., and separating these emails cannot occur without the manager or hired professional spending hours and hours and hours preparing such records for a member’s requested official record inspection primarily at the association’s expense. Moreover, if an outside professional is needed to prepare the emails for inspection, then the association will not be able to recoup the expenditure. While a condominium association cannot charge any amount to prepare for the inspection, a homeowners’ association is limited to $20.00 per hour for administrative time expended to retrieve requested records. Clearly, this needs a legislative remedy!

 

Generally speaking, for an association’s needs to be met, there must be solid communication between the board and the manager. However, requiring all but privileged and confidential emails to be official records subject to membership inspection stifles that free flow of communication. That said, it is understandable that some emails should be subject to a member’s inspection request, such as with regards to a bid package or contract.

 

More often than not, the emails to and from the manager are actually the property of the management company by whom the manager is employed. Absent discovery that takes place during litigation, typically a company’s emails are the private property of the company. A shareholder of General Mills’ stock cannot demand to see the president’s emails to its manager, so why should the community association president’s email to the manager be required to be produced? After all, overwhelmingly, community associations are “not-for-profit” corporations. At the end of the day, the need for transparency needs to be balanced against the practicality and costs of producing the emails.

 

There is limited guidance from the State of Florida Office of the Attorney General and the Division of Florida Condominiums, Timeshares, and Mobile Homes regarding the production of such emails. Let’s take a look at the limited guidance we do have.

 

On March 6, 2002, the then-Chief Assistant General Counsel of the Department of Business and Professional Regulation (“DBPR”) issued an opinion that “[c]ondominium owners do have the right to inspect e-mail correspondences between the board of directors and the property manager as long as the correspondence is related to the operation of the association and does not fall within the… statutorily protected exceptions… [The DBPR does not have] regulations expressly requiring archiving e-mails, but… if the e-mail correspondence relates to the operation of the association property, it is required to be maintained by the association, whether on paper or electronically, under Chapter 718, Florida Statutes.”

 

In Humphrey v. Carriage Park Condominium Association, Inc., Arb. Case No. 2008-04-0230 (Final Order / Campbell / March 30, 2009), an arbitrator of the Division of Florida Condominiums, Timeshares, and Mobile Homes held that “…e-mails… existing… on the personal computers of individual directors… are not official records of the association… Even if directors communicate among themselves by e-mail strings or chains about the operation of the association, the status of the electronic communication on their personal computer would not change. Similarly, an e-mail to an individual director or to all directors as a group, addressed only to their personal computers, is not written communication to the association.” The arbitrator reasoned that “[t]his must be so because there is no obligation to turn on [the] personal computer with any regularity, or to open and read emails before deleting them.”

 

In Harbage v. Covered Bridge Condominium Association, Inc., Arb. Case No. 19-03-6413 (Emails Are Written Records of Association Order Re-Framing Affirmative Defenses / Simms / January 2, 2020), an owner challenged an association’s failure to provide records requested pursuant to §718.111(12), Florida Statutes. The owner requested to inspect emails between the association and its property manager from 2017–2019. The association refused to provide the records, arguing that the emails were not written records subject to disclosure nor were they written records that are printed in the ordinary course of business. The arbitrator in the case dismissed the association’s argument that the emails were not written records, citing Black’s Law Dictionary, 11th Edition (2019), which explicitly includes emails in the definition of a “writing.” Additionally, the arbitrator pointed to the fact that emails are accepted in litigation as records of regularly conducted business activity pursuant to §90.803(6)(a), Florida Statutes, to dismiss the association’s claim that the emails are not subject to inspection because they are not printed in the ordinary course of business. The arbitrator held that the association’s position was “untenable on both counts,” finding that “emails are a written record subject to disclosure to unit owners.”

 

Simply stated, if one were to rely on the guidance cited herein, then emails solely between board members, even a board majority, are not part of the official records, but emails between a board member(s) and the manager are part of the official records and subject to member inspection unless containing information that is otherwise privileged or confidential. All other emails not protected by privilege or other duty of confidentiality are also subject to member inspection.

 

Where does it end? What about text messages and WhatsApp? Will they, too, one day be subject to inspection? Why one without the other? Better still, if text messages are not subject to member inspection, why should emails be subject to inspection? If emails remain subject to inspection, should not phone calls between board members and managers be statutorily required to be recorded? Why not? Because such a requirement is absurd.

 

In addition, what is missing from today’s legislation are laws protecting the free flow of communication between board members and the manager. Also patently missing from today’s legislation is the ability of the association to require the member requesting the record inspection to prepay for the actual time and cost necessary to prepare the records for inspection.

 

So, while it may make sense for certain vendor emails to remain as records of the association subject to member inspection, it is this author’s opinion that emails between the board and the association’s manager should remain private property of the sender and recipient, most especially if the manager’s computer is provided by the management company and not the association. However, if emails between board members and managers are going to remain as records which must be produced, absent privilege and confidentiality requirements, then at a minimum the association should at least be allowed to fully recover its expenses incurred in the record inspection. Perhaps a present or future Florida legislator will sponsor a long overdue bill to provide the association the lawful right to do so.  

Tags:
“Why are the light bulbs in my fountain blowing out?”  By: Allstate Resource Management

“Why are the light bulbs in my fountain blowing out?” By: Allstate Resource Management

  • Posted: Jun 28, 2021
  • By:
  • Comments: Comments Off on “Why are the light bulbs in my fountain blowing out?” By: Allstate Resource Management

“Why are the light bulbs in my fountain blowing out?”

By: Allstate Resource Management

Fountains are a great way to add visual appeal to the landscape and the stirring water is relaxing and tranquil to hear. In addition to their aesthetic qualities, fountains also add a great deal of oxygen into the pond as the tiny droplets make contact with the air and fall back into the pond. But do pond water fountains provide enough aeration? Similar to choosing an aeration system, determining if a fountain is right for your pond will depend on the depth, shape, and size.

Subsurface aeration, like the Pond Aeration Systems, are recommended for deeper ponds to provide complete circulation. For these units, the air is pushed through diffuser plates positioned at the bottom of the pond. As the air bubbles rise, oxygenated water from the surface moves to the bottom, creating a healthy aerobic pond ecosystem.

Allstate Resource Management can add beauty and function to your waterways. Our experts will design the ideal fountain or aeration system for your lake or pond. Floating fountains with decorative spray patterns help to beautify highly visible waterways while assisting nature with many biological benefits. Increased dissolved oxygen levels help to sustain fish populations, assist in controlling undesirable bacteria, and improve the overall health of a waterway system. Bottom diffuser aeration systems help to speed the decomposition of organic sediments, improve circulation, and reduce the potential for fish kills in a water-body.

 

We are often asked, “Why do the fountain bulbs burn out with such frequency?”

The answer may be easier to explain by comparing a fountain that is a few years old with an automobile that has been driven for 100,000 miles.  If you put new tires that are rated for 50,000 miles on an older car which has worn shock absorbers, soft springs, and is out of alignment, the tires may only last for 25,000 miles.

A similar set of circumstances that occur after a fountain has been in operation for a few years reduce the life of a new bulb in the same manner.  The copper inside the power cables, control panel components (circuit breakers, contactors), wire connections, the light sockets that have become corroded from moisture, no longer conduct a consistent voltage to the bulb.  As a result, a bulb that would typically last 3 years under ideal or “new” circumstances may afford only a year of life.

Fountains are often taken for granted and become just part of the horizon, rather than something that is used on a daily basis like your car. These fountains are in operation an average of 18 hours a day, 7 days a week, with the lights operating about a third of that time.  Accelerating the deterioration process is the fact that they are submerged underwater 24/7, and exposed to the sun’s ultraviolet rays everyday.

Replacing the bulbs as well as performing scheduled maintenance go a long way with upkeeping an older fountain.

Download Our Company Brochure

Allstate Resource Management

6900 SW 21 Ct. Building 9

Davie, Florida 33317

954-382-9766

 

Tags: ,
Considering a DIY construction project this summer, make sure to check with Aruba Permit Services first!

Considering a DIY construction project this summer, make sure to check with Aruba Permit Services first!

  • Posted: Jun 08, 2021
  • By:
  • Comments: Comments Off on Considering a DIY construction project this summer, make sure to check with Aruba Permit Services first!

If you are considering a DIY construction project this summer, make sure to check with Aruba Permit Services first to see if a permit is required! We are your one stop shop for all your permit needs! 🏠✅

Give us a call at 📞(954) 786-7292 or visit our website www.aruba-services.com to learn more!

Tags: