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HOW DO YOU PROTECT YOUR RIGHT TO VOTE IF YOU LIVE OUT OF THE STATE OR COUNTRY? By Eric Glazer, Esq.

HOW DO YOU PROTECT YOUR RIGHT TO VOTE IF YOU LIVE OUT OF THE STATE OR COUNTRY? By Eric Glazer, Esq.

  • Posted: Mar 01, 2021
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LOTS OF COMPLAINTS THIS YEAR ABOUT PEOPLE NOT GETTING THE CHANCE TO VOTE BECAUSE THE MAIL IS SLOW. HOW DO YOU PROTECT YOUR RIGHT TO VOTE IF YOU LIVE OUT OF THE STATE OR COUNTRY?

By Eric Glazer, Esq.

This year I am hearing the following complaint more than ever before: I live out of the state, or out of the country and I never received a ballot to vote in the election.

A little over a year ago I was involved in a case where many owners who lived in Finland did not get their ballots timely.  Instead of having their vote not count, someone who lived in the condominium e-mailed them the ballot.  These owners then took that ballot, placed it in a ballot envelope, placed that ballot envelope in another envelope and signed the exterior, and mailed it back to the association usually by overnight mail.  Some owners didn’t bother to use the interior ballot envelope.

The association didn’t want to count these votes.  The association also didn’t want to count the votes of owners who had their ballot envelopes dropped off by a neighbor, claiming that this was voting by proxy.

Read the attached opinion to find out how the arbitrator ruled.  It makes for interesting reading.  The bottom line…….if you’re out of town…..have the ballot e-mailed to you.

To read the case, click here.

 

About HOA & Condo Blog

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2

decades and is the owner of Glazer and Sachs, P.A. a seven attorney law firm with offices in Fort Lauderdale and Orlando and satellite offices in Naples, Fort Myers and Tampa.

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at noon each Sunday on 850 WFTL.

See: www.condocrazeandhoas.com

He is the first attorney in the State of Florida that designed a course that certifies condominium residents as eligible to serve on a condominium Board of Directors and has now certified more than 10,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

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A newly filed bill by Senator Jason Pizzo, SB 1490, could create a significant change in terms of an association’s ability to invest the community’s operating and reserve funds in depositories other than a traditional bank or savings and loan.

A newly filed bill by Senator Jason Pizzo, SB 1490, could create a significant change in terms of an association’s ability to invest the community’s operating and reserve funds in depositories other than a traditional bank or savings and loan.

  • Posted: Feb 26, 2021
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A newly filed bill by Senator Jason Pizzo, SB 1490, could create a significant change in terms of an association’s ability to invest the community’s operating and reserve funds in depositories other than a traditional bank or savings and loan. 

 

For years there have been significant legal constraints on a condominium association’s ability to use reserve funds. In addition to the statutory requirement to obtain membership approval for non-designated reserve usage, the prevailing school of thought was that association funds could not be invested since investments can and do fail.

A newly filed bill by Senator Jason Pizzo, SB 1490, could create a significant change in terms of an association’s ability to invest the community’s operating and reserve funds in depositories other than a traditional bank or savings and loan.

The bill provides as follows:

“Unless otherwise prohibited in the declaration, and in accordance with s. 718.112(2)(f), an association, including a multicondominium association, may invest any funds in one or any combination of investment products described in this subsection.”

If this bill passes and an association invests funds in any type of investment product other than a depository account, the association must meet all of the following requirements:

  1. The board shall annually develop and adopt a written investment policy statement and select an investment adviser who is registered under s. 517.12, F.S. and who is not related by affinity or consanguinity to any board member or unit owner. Any investment fees and commissions may be paid from the invested reserve funds or operating funds.
  2. The investment adviser selected by the board shall invest any funds not deposited into a depository account in compliance with the prudent investor rule in s. 518.11, F.S. It is important to note that the statutory prudent investor rule is a test of conduct and not resulting performance. Under this statute, no specific investment or course of action is, taken alone, considered prudent or imprudent. Instead, the investment adviser is deemed to be acting as a fiduciary and he or she may invest in every kind of property and type of investment, subject to that statute. The fiduciary’s investment decisions are evaluated on the basis of whether he or she exercised reasonable business judgment regarding the anticipated effect on the investment portfolio as a whole under the facts and circumstances prevailing at the time of the decision or action. Although the proposed statute requires that funds invested be subject to insurance under the Securities Investor Protection Corporation, it is important to note that this insurance is only there if the brokerage firm fails, not if the investment turns out to be ill-advised and loses the association’s money.
  3. The investment adviser shall act as a fiduciary to the association in compliance with the standards set forth in the Employee Retirement Income Security Act of 1974 at 29 U.S.C. s. 1104(a)(1)(A)-(C).
  4. At least once each calendar year, the association shall provide the investment adviser with the association’s investment policy statement, the most recent reserve study report or a good faith estimate disclosing the annual amount of reserve funds which would be necessary for the association to fully fund reserves for each reserve item, and the financial reports.
  5. The investment adviser shall annually review these documents and provide the association with a portfolio allocation model that is suitably structured to match projected reserve fund and liability liquidity requirements. There must be at least thirty-six (36) months of projected reserves in cash or cash equivalents available to the association at all times.
  6. Portfolios managed by the investment adviser may contain any type of investment necessary to meet the objectives in the investment policy statement; however, portfolios may not contain stocks, securities, or other obligations that the State Board of Administration is prohibited from investing in under ss. 215.471, 215.4725, and 215.473, F.S. or that state agencies are prohibited from investing in under s. 215.472.

Lastly, the bill would exempt registered investment advisors from having their bids subjected to the competitive bidding requirements found in Section 718.3026, F.S.  The companion bill to SB 1490 is HB 1005 (Killebrew/Fine).

As more associations change their old habits and begin to fund reserves, the allure of more aggressive investment vehicles for these funds, which can be substantial amounts, is undeniable. However, the risk is also undeniable. As such, if this bill becomes law and the investment of reserves becomes available, boards are strongly encouraged to take an extremely cautious, measured approach with reserves.

While investment of your association’s operating and reserve funds might result in a substantially better return than a savings account, you might also see significant losses. The investment of association funds must be done with careful consideration of the demographic in your community, the age of your buildings and facilities, the required liquidity of your funds and, most importantly, the sensitivities and risk tolerance of your membership all taken into account. If your members fuss about your board’s landscaping decisions imagine the potential fallout if you make the wrong investment decisions!

 

Very truly yours,

Donna DiMaggio Berger, Founder & Executive Director
Community Association Leadership Lobby
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NEW Video Section: CONDO AND HOA VIDEO’S & COURSES on sfpma

NEW Video Section: CONDO AND HOA VIDEO’S & COURSES on sfpma

  • Posted: Feb 25, 2021
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CONDO AND HOA VIDEO’S & COURSES

Educational Videos & Webinar Presentations

Videos and Webinar presentations offered to Clients that work and live in Condo, HOA’s and the Management Industry. Learn at your own pace, some of the presentations provide course certificates of completion while others offer you the ability to learn valuable lessons on the many questions you may have for your Condo and HOA.  Below you can find videos on; Legal and Legislative presentations, Q & A for Condo and HOA, Collections, Accounting and Taxes, Education and Licensing, Become a CAM and many more….

 

Educational Providers: Florida Member Companies with The State of Florida Property Management Association.

In our efforts to bring educational courses to our industry in a safe way, Our Members provide many courses online through Zoom and Video presentations. Take advantage of these online Courses many are approved by the State of Florida where after watching, joining and taking part in will give you credits and certifications for the Courses. These lively, interactive and informational Video courses are approved for board member certification and property manager continuing education credits. (ECU Credits) some are held in a Video setting while others are online through Zoom and other platforms. SFPMA is happy to bring to you these Educational Resources for you to take part in.

View and Learn through Videos & Courses offered to Condo & HOA Board Members throughout the State of Florida. 

View our YouTube Channel and keep up to date with Members, Courses, and Learn through the Great Videos for our industry!

 

 

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Legal Morsel | Court Concludes That Mistakes on a Claim of Lien Does Not Invalidate the Claim by BY ROBERT KAYE, ESQ., B.C.S

Legal Morsel | Court Concludes That Mistakes on a Claim of Lien Does Not Invalidate the Claim by BY ROBERT KAYE, ESQ., B.C.S

  • Posted: Feb 22, 2021
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Legal Morsel | Court Concludes That Mistakes on a Claim of Lien Does Not Invalidate the Claim

by BY ROBERT KAYE, ESQ., B.C.S

The Florida Fourth District Court of Appeal recently provided a ruling regarding the ability of a homeowner’s association to successfully complete a foreclosure for unpaid assessments when there was an error in the amount indicated as being owed on the claim of lien.  In the case of Pash v. Mahogany Way Homeowners Association, Inc., Case No. 4D19-3367, January 27, 2021, the Appellate Court was faced with the challenge of a lower court ruling in favor of the homeowner’s association in which the homeowner, Mr. Pash, had claimed that the amount indicated on the claim of lien was overstated from what was owed.  The record also reflected that the homeowner’s association admitted that it made a mistake in its calculation of the assessments on the lien but corrected the amount when it filed the foreclosure case.  It was not disputed that some assessments were delinquent when the foreclosure case began.

In a split decision, a majority of the Court focused on the requirements of Section 720.3085(1)(a) of Florida Statutes, as well as the provisions of the Declaration of Covenants for the Community.  The Statute provides the following:

To be valid, a claim of lien must state the description of the parcel, the name of the record owner, the name and address of the association, the assessment amount due, and the due date.  The claim of lien secures all unpaid assessments that are due and that may accrue subsequent to the recording of the claim of lien and before entry of a certificate of title, as well as interest, late charges, and reasonable costs and attorney fees incurred by the association incident to the collection process.  The person making payment is entitled to a satisfaction of the lien upon payment in full.

While the case was reversed for other reasons, the majority of the Court stated that “Nothing in section 720.3085(1)(a) suggests that the claim [of lien] must be free of error for it to serve as an otherwise valid claim of lien.”  The Court also concluded that the statute, as written, does not provide that an error in the amount stated in the claim of lien invalidates an otherwise valid claim by an association.  Rather, the Court indicated that the association is merely asserting “a claim” in the lien and the association remains obligated to prove its claim in order to prevail in its case and homeowners have the ability to contest the claim made.

The Florida Condominium Act contains substantially the same provision as set forth above in Section 718,116(5)(b) F.S.  Consequently, it is anticipated that a lower court would likely apply the conclusions of this case to a condominium association foreclosure case.

It remains to be seen whether this holding is going to be viewed as an anomaly or will be followed by the remaining District Courts in Florida.  Notwithstanding this easing of the perception of association requirements on this point, it remains the recommendation that all collection efforts by associations be fully documented to a “zero” balance on the specific homeowner account to minimize any possible adverse conclusion in an assessment foreclosure case.  Legal counsel familiar with community association law should be involved to assist in the formal collection efforts against any homeowner.

 

 

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An Introduction to HB 969: Florida’s Proposed Data Privacy Law by Becker

An Introduction to HB 969: Florida’s Proposed Data Privacy Law by Becker

  • Posted: Feb 18, 2021
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An Introduction to HB 969: Florida’s Proposed Data Privacy Law

Jack S. Kallus | Becker Lawyers
Client Advisory

 

Yesterday, House Bill 969 titled Consumer Data Privacy was introduced as a potential new law to protect the personal data of Florida consumers. Governor Ron DeSantis’ stated goal for the bill is to “safeguard the privacy and security of consumer data.”

The bill is intended to give consumers more control over the personal information that businesses routinely collect and may even sell to third parties. Many of the basic rights under the new bill mirror that of the California Consumer Privacy Act passed in 2018 (CCPA). Like the CCPA, HB 969 attempts to secure new privacy rights for Florida consumers. If you are a Florida resident, you may ask businesses to disclose what personal information they have about you and what they do with that information as well as the right to request a business delete and to not sell your personal information. Consumers will also have the right to be notified, before or at the point businesses collect personal information, about the types of personal information being collected and what the business may do with that information. Generally, businesses will not be able to discriminate against you for exercising your rights under HB 969.

As stated above, the consumer will be provided the right to request that businesses disclose what personal information they have collected, used, shared, or sold about the consumer, and why they collected, used, shared, or sold that information. Businesses must provide a consumer with this information for the twelve-month period preceding the request and must provide the information free of charge.

If passed, HB 969 would require businesses to inform consumers about certain information being collected at the time of collection. Businesses would be required to inform consumers about:(i) categories of personal information collected; (ii) specific pieces of personal information collected; (iii) sources from which the business collected personal information; (iv) purposes for which the business uses the personal information; (v) categories of third parties with whom the business shares the personal information; and (vi) categories of information that the business sells or discloses to third parties.

If the business sells consumers’ personal information, then the information at collection must include a “Do Not Sell or Share My Personal Information” link. The information of consumer rights must also contain a link to the business’s privacy policy, where consumers can get a description of the business’s privacy practices and of their privacy rights.

 

A Florida consumer may also request that businesses stop selling their personal information (“opt-out”). With some exceptions, businesses cannot sell your personal information after they receive an opt-out request unless later provide authorization allowing them to do so again. Businesses must respect the consumer’s decision to opt-out for at least twelve months before requesting that the consumer authorize the sale of the consumer’s personal information. Businesses can offer consumers financial incentives in exchange for collecting, keeping, or selling personal information. However, businesses cannot use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.

After discovering what personal information is collected, used, shared or sold a consumer may request that a business delete the personal information collected and to tell their service providers to do the same. However, there are many exceptions that allow businesses to keep personal information. Businesses must respond to a request to delete within 45 calendar days and can only extend that deadline once by another 30 days (75 days total) if they notify the consumer.

Consumers may be worried about retaliation for exercising rights under HB 969. However, the bill prohibits businesses from denying goods or services, charging a different price, or providing a different level or quality of goods or services just because a consumer exercised rights under the proposed law. Businesses also cannot make the consumer waive these rights, and any such contract provision is unenforceable.

What happens if a business violates HB 969? What rights are given to the consumer? Much like the CCPA, HB 969 only provides a private cause of action against a business if there is a data breach, and even then, only under limited circumstances. A consumer can sue a business if their nonencrypted and nonredacted personal information was stolen in a data breach as a result of the business’s failure to maintain reasonable security procedures and practices to protect it. If this happens, the consumer can sue for the amount of monetary damages actually suffered from the breach or up to $750 per incident. An important aspect of the proposed law is that it does not provide for prevailing party legal fees.

For all other violations of HB 969, only the Department of Legal Affairs (“Department”) can file an action. If the Department has reason to believe that any business is in violation and that proceedings would be in the public interest, the Department may bring an action against such business and may seek a civil penalty of not more than $2,500 for each unintentional violation or $7,500 for each intentional violation. Such fines may be tripled if the violation involves a consumer who is sixteen years of age or younger. A business may be found to be in violation if it fails to cure any alleged violation within 30 days after being notified in writing by the Department of the alleged noncompliance.

The bill also contains other provisions outlining who is protected under the bill, what is considered personal information, data retention and biometric information rules and procedures for businesses to follow. We will publish additional articles exploring these provisions and expand on the information addressed in this article. In addition, we will explore the importance of Florida enacting a well-balanced privacy law which does not act as an anchor for businesses and appropriately protects the rights of Florida consumers.

 

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We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides by SOLitude

We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides by SOLitude

  • Posted: Feb 18, 2021
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We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides

by SOLitude Lake Management

 

Dive Deeper with a Water Quality Assessment

We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides. Professional water quality assessments are a key tool to not only help resolve these issues, but prevent them from reoccurring.

Lake and pond management is a complex field that presents never-ending puzzles and surprising challenges. Like a fingerprint, no two bodies of water are exactly the same—and they are always in a state of continuous change based on how the water is used, the surroundings, and even the weather. When diagnosing and designing a solution for a problem like bad odors or nuisance algae growth, professionals take all of this information into account, but it doesn’t provide a complete picture of what’s going on below the surface.

Comprehensive Lake & Pond Assessments

Understand Your Waterbody Inside and Out

 

A professional assessment is the first step to achieve a comprehensive view of your lake or pond’s health. Think of this like a physical for your waterbody. An array of scientific tests are conducted to check its vitals and establish an initial baseline of health. Over time, the comprehensive scientific data can be used to:

  • Identify root causes of recurring issues
  • Predict and prevent the onset of future water quality problems
  • Make better informed proactive management decisions
  • Achieve more impactful and long-lasting results
  • Reduce your environmental footprint and cut management costs

SOLitude offers a variety of waterbody assessment options. Each package includes the creation of a customized, comprehensive report for you and your stakeholders. Your freshwater management professional can help you determine which package is most appropriate based on the history of the waterbody, as well as your unique goals and budget.

Find out more…

 

 

You’re In Good Hands! Meet Our Industry Leaders

The aquatic management industry is burgeoning with scientists, researchers, and other passionate experts. SOLitude is the proud home to many of these thought leaders who have steered the industry towards innovation, technological advancement, and holistic management strategies through the roles they hold in various environmental organizations and authority groups.

SOLitude Lake Management is the proud home of many industry experts who hold prestigious roles in a variety of environmental organizations, including the North American Lake Management Society (NALMS), the Aquatic Plant Management Society (APMS), and other authority groups. As industry thought leaders, these colleagues go above and beyond to demonstrate SOLitude’s commitment to science, technology, innovation, and holistic lake and pond management strategies. We believe that these tenets create the foundation for memorable experiences around the water and encourage the long lasting functionality of these precious aquatic resources.

Marc Bellaud, President – Aquatic Biologist & Director of Technical Services – MAmarc-bellaud-web-new

Marc Bellaud has more than 25 years of experience in lake, pond and wetland management, and has been actively involved in advancing the science of the freshwater management industry. He currently serves as Director of the Aquatic Plant Management Society (APMS). Previously, he was the President and Director of the Northeast Aquatic Plant Management Society (NEAPMS) and has remained involved with the organization since it was initially founded in 1999. Bellaud also served as a Director of the New York State Aquatic Managers Association (NYSAMA). In addition, he was a contributing author and co-editor for the third edition of the BMP Manual by the Aquatic Ecosystem Research Foundation (AERF).

Glenn Sullivan, Environmental Scientist & Certified Lake Manager – NY

glenn-sullivan-web-newGlenn Sullivan entered the aquatics industry in 1993 and is currently the President of the New York State Aquatic Managers Association (NYSAMA). He is also a former member of the Board of Directors for the Northeast Aquatic Plant Management Society (NEAPMS). Over the course of 20 years, he held many roles including President, Director, Treasurer, and Editor, and continues to serve as a committee co-chair. In 2015, he was named Preferred Applicator of the Year by SePRO Corporation. He is also the recipient of multiple awards recognizing environmental stewardship, best management practices and sustainable leadership.

 

Will Stevenson, Director of Integration – MA

Will_Stevenson_web

William Stevenson is the Treasurer and a member of the Board of Directors and past President of the Northeast Aquatic Plant Management Society (NEAPMS). Before joining SOLitude, He also serves on the Massachusetts Audubon Council and as a Vice President of Timber Owners of New England, an organization dedicated to preserving multi use forested land.

 

Bob Schindler – Aquatic Biologist & Project Manager – PA

Bob_Schindler_web2

Bob Schindler is a two-time president and current Regional Director of the Pennsylvania Lake Management Society (PALMS), through which he coordinates educational opportunities and annual conferences. He also helps PALMS administer a grant program through the Pennsylvania Department of Environmental Protection’s Growing Greener program. Schindler has served on the PALMS.

 

Shannon Junior, Aquatic Ecologist – VAshannon-junior-web-new

Shannon Junior is the Editor for Women of Aquatics (WOA), an organization founded to promote and support women in the lake and pond management industry through professional advancement, continuing education opportunities and peer mentorship programs. She also serves on the Virginia Leadership Retreat Committee. Junior has worked in the lake and pond management industry since 2000. In 2013, she received the SePRO Applicator of the Year Award, which recognizes an individual who shows leadership in advancing the science of aquatic plant management.

Emily Mayer, Aquatic Biologist & Project Manager – NJEmily_Mayer_web-1

Emily Mayer is a 10-year veteran in the lake management industry and serves on the board of directors for the Northeast Aquatic Plant Management Society (NEAPMS). She is the editor of the organization’s newsletter and assists with the organization of the NEAPMS annual conference. Previously, she served as a student director, a role through which she encouraged student involvement and helped increase awareness of the organization across social media. In addition to her longstanding involvement with NEAPMS, Emily is currently a member of the New Jersey Invasive Species Strike Team (NJISST), the North American Lake Management Society (NALMS), and Lower Hudson PRISM – a group which seeks to protect the rich biodiversity and ecosystems in the Mid-Atlantic.

Kim Niesel, Senior Business Development Consultant – VA

Kim_Niesel_web_12.15Kim Niesel holds her CMCA (certified manager of community associations) designation, as administered by the Community Association Managers International Certification Board and is involved in several industry-related organizations, including the Southeastern Virginia and Central Virginia chapters of Community Associations Institute (CAI). She has served as a board member and president for both of these associations. Kim is also one of the founders of the Virginia Leadership Retreat and has been recognized several times for her volunteer involvement. She currently serves on the Board for the Virginia Leadership Retreat and is the Chairperson for the Communications Committee of the Southeastern VA CAI.

 

 

 

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Condos and HOAs who are forced to collect on delinquent accounts must consider the proper and most important ETHICAL solution. “Ask Mr. Condo” Bob Gourley

Condos and HOAs who are forced to collect on delinquent accounts must consider the proper and most important ETHICAL solution. “Ask Mr. Condo” Bob Gourley

  • Posted: Feb 17, 2021
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Condos and HOAs who are forced to collect on delinquent accounts must consider the proper and most important ETHICAL solution.

by Axela’s “Ask Mr. Condo” Bob Gourley

 

Why Ethical Collections Really Matters for HOAs and Condominium Associations

What happens if 5% or more of the members of a condominium association or HOA don’t make timely payments to the association as expected? What if one or more homeowners stops contributing altogether? How can condominium associations and HOAs protect themselves while not playing the role of the villain in the eyes of the delinquent homeowners? Here is the argument in favor of ethical collections.

What is in the best interest of the association or the delinquent homeowner?

No one can question the need for a condominium association or HOA to act against delinquent owners within their association. After all, successful collection and distribution of common fees and assessments are the only way a condominium association or HOA can survive. Budgets are prepared annually. On one side of the budget are all of the known and anticipated expenses, contributions to Reserve Funds, and other expenses the association will face in the upcoming year. On the other side of the budget are the income items to pay for those expenses, namely the anticipated income from common fees and assessments from individual homeowner and unit owners within the association. A balanced budget can only be maintained if both sides of the equation are accurate.

Condominium associations and HOAs are typically not-for-profit businesses. The governing documents that create the bond between the unit owner and the association usually give the association serious clout when it comes to collecting common fees and assessments in a timely manner. Additionally, many associations engage an attorney to assist them in contract negotiation, interpretation and modification of governance documents, and much more. It’s not surprising, then, that many condominium associations and HOAs simply turn to their attorney when it comes to matters of collection of delinquent common fees and assessments. But boards should be asking themselves, is that wise? Is that in the best interest of the association or the delinquent homeowner? Is it the best way to protect the association’s assets and actually collect the money it is owed? Is it ethical?

 

The goal should be to educate delinquent homeowners and help them get current

There are several reasons that a condominium or homeowner can become delinquent. The simplest reason is that they simply don’t have enough money to pay all of their bills. Credit card bills, utility bills, car payments, and even the mortgage all need to be paid. There are perceived repercussions from missing any of these payments, including having utilities turned off, a car repossessed, or a foreclosure action from missed mortgage payments. For these reasons, a person who is short of cash might make the decision to defer or miss payments on their common fees or assessments for the simple reason there doesn’t appear to be any repercussions from doing so. It is a mistaken notion that is all too common. Other reasons include an owner’s death or severe illness, a lack of receiving or paying attention to communications from the condominium association or HOA, and even plain forgetfulness.

Whatever the reason, once the unit or homeowner gets behind in their common fees, the goal should be to educate them and get them back up and current so that their lack of payment doesn’t hurt the other association members who are paying on time.

 

Legal fees can even outweigh the amount the homeowner owes to the association

There is a huge difference between attempting to collect a debt and simply taking legal action against the debtor. Both have very real consequences to both the condominium association or HOA and the delinquent homeowner. Simply referring the matter to an attorney isn’t an attempt to collect a debt. It is an action that will lead to a lien and eventual foreclosure if the debt isn’t settled. Used as a first resort, it is an unethical solution because it harms the homeowner and puts the association at risk of losing additional money as the attorney will get paid for the legal work regardless of the outcome.

Since the delinquent unit owner is encumbered to the terms of the association’s governing documents, the hefty and often burdensome cost of the legal fees is also lumped onto the delinquent amount the homeowner owes to the association. In some extreme cases, the legal fees can even outweigh the amount owed to the association. Can you blame the delinquent unit owner for crying “foul” when this happens? It is unfair and unethical.

 

A specialized collection agency can work with the homeowner without threatening to foreclose

A far better and less expensive solution would be to work with a specialized collection agency that fully understands the plight of the condominium owner or HOA homeowner who has missed a few payments and become delinquent.

Axela Technologies is just such a collection agency. In addition to offering a no upfront cost to the condominium association or HOA, the fees for using a collection agency to service the debt is far more agreeable to the delinquent homeowner. They have the opportunity to address their delinquency and get themselves back in good standing with their association. A specialized collection agency can work with the homeowner politely and professionally, encourage a repayment plan, without involving the courts or threatening to foreclose on the homeowner’s home unless, and only unless, the debtor is unwilling to resolve the debt.

 

95% of delinquencies are settled without the need for the hefty legal expense of an attorney

In our experience, that is a rare occasion that only happens about once for every 20 accounts referred. That means up to 95% of delinquencies are settled without the need for the hefty legal expense of an attorney. Not only is this solution far less expensive for all concerned, it’s also a far more effective method of collecting delinquent common fees and assessments.

An ethical collection strategy needs to be considered in all cases of homeowner delinquency and not just because it is the right or ethical thing to do. Many associations have felt the bitter sting of financial loss after pursuing a strictly legal “lien and foreclose” strategy. Savvy homeowners who get swamped with legal fees on top of delinquencies are far more likely to file their own bankruptcy leading to the association simply “writing off” the delinquency and the legal fees spent trying to collect.

Using Axela Technologies and their ethical collections strategy proves effective 19 times out of 20. Ethical collections save time, save money, and encourages a “win/win” for the association and the homeowner. Take a look at your current condominium association or HOA collections strategy today. If it isn’t ethical, it’s time to talk to Axela Technologies.

 

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Broward County Condo & HOA Expo Tuesday, February 23, 2021!

Broward County Condo & HOA Expo Tuesday, February 23, 2021!

  • Posted: Feb 17, 2021
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Join Us Tuesday, February 23, 2021!

Property Management Expo & Seminars

Seminars: 9:00 am – 4:30 pm
Exhibits: 10:30 am – 3:00 pm

For one day only, The Signature Grand 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.

Register Today

In the interest of public health and safety, and in accordance with state guidelines, the Broward County Condo & HOA Expo has reduced capacity in meeting rooms and public spaces.  At this time, it will be mandatory for all participants to wear a face mask or protective covering, and we ask that everyone observes social distancing in all public event spaces.

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.

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Differentiating Class A, B, and C Office Space by SFPMA

Differentiating Class A, B, and C Office Space by SFPMA

  • Posted: Feb 17, 2021
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Differentiating Class A, B, and C Office Space

 

Many of our members take the time to complete projects using the County Codes that are in place, While there are so many companies that cut corners or a Management company that looks at prices we have to ask? How do you Value the Buildings you manage?

We have one of the Top Condo, HOA and Property Management Directories in Florida. Through the many Categories clients can find only the Best of the Best to have their maintenance requests performed on time, up to Code in their buildings and properties from Jacksonville to the Keys.

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When only the best will do, Find companies all over Florida ready to help you!

Remember: “Skilled labor isn’t cheap; cheap labor isn’t skilled”. by James Terry of GreenTeam Service Corp.

 

Office buildings are generally classified into one of three categories: Class A, Class B, or Class C. Standards vary by market, and each category is defined in relation to its counterparts. Building classification allows a user to differentiate buildings and rationalize market data — that said, classification is an art, not a science. While a definitive formula for each class does not exist, the general characteristics are as follows:

Class A
These buildings represent the newest and highest quality buildings in their market. They are generally the best looking buildings with the best construction, and possess high-quality building infrastructure. Class A buildings also are well located, have good access, and are professionally managed. As a result of this, they attract the highest quality tenants and also command the highest rents.

Class B
This is the next notch down. Class B buildings are generally a little older, but still have good quality management and tenants. Oftentimes, value-added investors target these buildings as investments since well-located Class B buildings can be returned to their Class A glory through renovations such as facade and common area improvements. Class B buildings should generally not be functionally obsolete and should be well maintained.

Class C
The lowest classification of office building and space is Class C. These are older buildings and are located in less desirable areas and are often in need of extensive renovation. Architecturally, these buildings are the least desirable, and building infrastructure and technology is outdated. As a result, Class C buildings have the lowest rental rates, take the longest time to lease, and are often targeted as re-development opportunities.

The above is just a general guideline of building classifications. No formal standard exists for classifying a building. Buildings must be viewed in the context of their sub-market; i.e., a Class A building in one neighborhood may not be a Class A building in another.

 

 

 

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COVID-19 Best Practices for Community Associations with US Congressman TED Deutch Presented by KWPM & Kaye Bender & Rembaum

COVID-19 Best Practices for Community Associations with US Congressman TED Deutch Presented by KWPM & Kaye Bender & Rembaum

  • Posted: Feb 16, 2021
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COVID-19 Best Practices for Community Associations with US Congressman TED Deutch

Feb 17, 2021 03:00 PM

Presented by KWPM & Kaye Bender & Rembaum

KWPM Executive Director Tim O’Keefe host this live, monthly webinar offering a dynamic landscape that addresses best practices for HOAs and Condo Associations, provides updates and features guests who offer insight into the industry.

This week’s panel of experts:
*US Congressman Ted Deutch, FL-22
*Attorney Jeffrey Rembaum, Partner with Kaye, Bender, & Rembaum
*Attorney Michael Bender, Partner with Kaye, Bender, & Rembaum

Register Today

Feb 17, 2021 03:00 PM
Mar 17, 2021 03:00 PM
Apr 21, 2021 03:00 PM
May 19, 2021 03:00 PM
Jun 16, 2021 03:00 PM
Jul 21, 2021 03:00 PM
Aug 18, 2021 03:00 PM

Time shows 

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Preventive Maintenance for your Properties this season, here is a list of Tasks to check off before temperatures drop.

Preventive Maintenance for your Properties this season, here is a list of Tasks to check off before temperatures drop.

  • Posted: Feb 16, 2021
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Exterior Clean-Up and Maintenance
Here are the tasks to check off before the temperature drops.

 

Clean Up Yards
Clean up those fall leaves and remove fallen branches or other organic debris. Letting all that rotting material linger on the ground, especially under a layer of snow, discourages grass growth in the spring.

Don’t prune your bushes, though. Many people do that to prepare for spring, but pruning bushes that are slowing down growth to prepare for winter can inhibit further growth when the weather warms.

Clean the Gutters
Clear gutters of leaves, branches, and other debris. Clogged gutters can’t handle runoff from melting snow, which can puddle and freeze on roofs, causing ice dams and leaks.

Even if you’re not in a snowy area, rain that can’t drain through the gutters will find another way off the roof, usually through gaps that lead into the walls.

Assess the Roof
While your team is up there, have them take a good look at the roof. Make sure there are no loose shingles or areas of decay. Check around vents to make sure they’re sealed properly. Gaps are a great place for water and melted snow to leak down into the home.

Line Up a Snow Removal Company
If you haven’t already, hire a snow removal company now to clear driveways and walkways. Don’t wait for the first major storm to start calling around. You probably won’t find anybody.

Pro tip: If you’re using a customizable property management system, use custom fields to track maintenance projects across your properties. Then you can create customized reports to monitor the status of your fall maintenance checklist.

Tend to Your Gardens
Fall is the time to get flower beds ready for spring and summer. Prep your beds by adding compost and turning the soil. You’ll want to plant your spring bulb, as well.

Winterize the Sprinkler Systems
When you’re done watering your lawns for the year, make sure you have them drained properly. Water left in sprinkler systems can freeze and crack your pipes.

Winterize Pools and Decks
If your properties have pools, get them ready for winter by cleaning, balancing and adding winterizing chemicals, lowering the water levels, and covering them.

For decks, store the furniture and inspect them for loose boards, railings, or screws. Have any weak spots repaired. Then, give the deck a good cleaning and a layer of water seal, if it needs it.

Pro tip: Have your snow-removal company take care of decks, too. Prolonged contact with snow can damage wood, and all that weight puts a lot of pressure on the deck’s structure.

 

 

Interior Maintenance
Your properties are all set on the outside. Now it’s time to take a look inside. Schedule a time to inspect your properties and make sure all of these tasks are performed.

Check Insulation
Take a look in attics to make there is sufficient insulation. If it’s an older home, consider having it assessed for heat efficiency and getting insulation blown into the walls, if necessary.

Pipes that run along external walls should be insulated, as well, to keep from freezing and bursting in extremely cold weather.

Pest Control
As the weather gets colder, animals are going to find your cozy home pretty attractive. To keep pests out, plug up gaps, cracks, and other access points. Taking care of it now is a lot cheaper than removing a family of raccoons or a mouse infestation in the middle of winter.

Check Furnace and HVAC Systems
Schedule a furnace cleaning to have filters replaced and buildup removed, particularly for oil-burning furnaces. Check HVAC systems and keep replacing the filters on a regular basis.

Inspect Windows and Doors
Check the seals on windows and doors to make sure they’re airtight. Caulk or add rubber seals to areas where cold air or water could seep in.

If the windows are older, switch out screens for storm windows.

 

Safety Maintenance
Regular safety checks are always a good idea. Perform one in the fall to address season-specific concerns.

Flood Prevention
In areas that experience heavy rains or melting snow, make sure your properties are ready for flooding. Seal up cracks in foundations and make sure water from roofs and gutters is channeled away from the home.

Make sure driveways and walkways have proper run-off and drainage. You may even want to consider planting rain gardens, which can absorb large amounts of water to prevent flooding.

Fire Prevention
Fire prevention measures can be performed on both the interior and exterior of a property. For the exterior, remove dead trees and branches from the yard, and take down tree limbs that hang over roofs.

Pro tip: Taking down large limbs hanging over roofs can prevent damage from branches that break in winter ice storms or under the weight of snow.

Inside the home, make sure tenants aren’t using space heaters and that drapes and other cloth materials are kept away from radiators.

Carbon Monoxide/Smoke Detector Maintenance
Check all carbon monoxide and smoke detectors on a regular basis. Replace batteries and make sure detectors are placed on every floor in the house.

If a tenant has removed them, educate them on the importance of the detectors and make sure they keep them up.

Fireplace and Chimney Maintenance
Have a chimney-cleaning company come in to inspect and clean chimneys and fireplaces. They will make sure the chimney is structurally sound and that there is no debris inside it. They’ll also clean both the fireplace and chimney to remove ash and creosote.

Fall maintenance is essential to keeping your tenants safe and happy, while keeping your owners from having to spend money on expensive repairs. Take this checklist and set up a plan to knock each one of these tasks out before the weather gets too cold. Your tenants and your owners will thank you.

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    Now we know many here in Florida probably will not need to hire a snow removal company? but this was published by our Staff and sent to a national management company who asked us for a list for winter. We are pleased to republish this list of things to do for all of your board members, property managers to use.  We are also promoting our members; these companies we have listed on our members directory work hard every day tending to the requests we get, these companies are listed for all to find and use.

    Select a Category, Find a company,  search for a Sale in each category.  Then Simply Call speak with and Hire Members of SFPMA – State of Florida Property Management Association

     

     

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