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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

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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 surviveBudgets 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.

Search our Directory

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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    Discriminatory Practices: Is Your Association Prepared? by KBR Legal

    Discriminatory Practices: Is Your Association Prepared? by KBR Legal

    • Posted: Feb 12, 2021
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    Discriminatory Practices: Is Your Association Prepared?

    by Kaye Bender Rembaum

    On September 26, 2016, Rembaum’s Association Round Up published an extremely important article regarding a community association’s potential liability when allegations by one member accuse another member of a discriminatory practice. (Click HERE to view the 2016 article). On September 13, 2016, HUD made clear that a housing provider is responsible for discriminatory practices that may take place. In its Rules and Regulations set out in Chapter 24, Part 100 of the Code of Federal Regulations, effective which further interprets the Federal Fair Housing Act, HUD explained that it believes that, “we are long past the time when racial harassment is a tolerable price for integrated housing; a housing provider is responsible for maintaining its properties free from all discrimination prohibited by the Act.” Those regulations became effective on October 14, 2016.

    In this author’s opinion, HUD went way too far by mandating that housing providers act as the investigator, police, judge and jury in cases of alleged discrimination. After all, there are countless Fair Housing offices in each state where complaints can be filed and are actively investigated, often times with only a bare inference. Community association board members are volunteers with no required special training other than to be “certified” within 90 days of taking office, which certification can be met by signing a one-page form acknowledging duties or taking a two-hour class. Neither the individual board members nor the community as a whole should have to bear liability for its board of directors not taking action in a neighbor to neighbor dispute. Afterall, the court room is the proper setting where such matters should be resolved.

    In the January 25, 2021, edition of the Palm Beach Post reporter Mike Diamond Special to Palm Beach Post USA TODAY NETWORK, authored an article titled “Judge Won’t Dismiss HOA Religious Bias Suit.” In the article the judge was quoted as follows: ““the La-Grassos [the plaintiff’s] have plausibly alleged a claim against the association for its failure to respond to or seek to control Ms. Tannenholz’s allegedly discriminatory conduct.” Amongst other things, the allegation is that Tannenholz’s told La-Grassos, “you do not belong in a community that is 80% Jewish and that La-Grassos should “move the F… out and go to a white supremist community.”

     

    But for HUD’s position that a housing provider can have liability for discriminatory practices of the residents it is unlikely the association would be a defendant in this lawsuit. By forcing housing providers, such as Florida’s countless condominium, homeowners’ and cooperative associations, to interject themselves into what should be private disputes amongst neighbors, HUD is providing the deepest of pockets to the plaintiff’s attorneys. At the end of the day, it is just another reason to sue the innocent community association to create liability where there should not be any in the first place.

    Practical Tip no. 1: In light of this lurking danger, be sure to check in with your association’s insurance agent to be sure the association has proper liability coverage for accusations of discrimination.

    Practical Tip no. 2: Also, given that there can even be personal liability in such actions, board members would be wise to speak to their own personal insurance agents too… Afterall you never know when that umbrella policy may come in handy. Remember this, too: if one board member has knowledge about an event, then such knowledge can be imputed to all board members as if they are all similarly aware. In other words, when one board member knows, then the association itself is on notice.

    Practical Tip no. 3: Consider formally adopting a “no discrimination” type of rule. It could be as simple as “discrimination of any kind will not be tolerated”.

    Practical Tip no. 4: If your association is made aware of an alleged discriminatory practice, then a written record of such allegation and the association’s efforts to remedy the situation should be made.

    Be sure to discuss each and every alleged discriminatory practice brought to the attention of the board and/or its manager with the association’s attorney to obtain the proper guidance needed.

     

     

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    Hosting Association Meetings via Zoom by KBRLegal.com

    Hosting Association Meetings via Zoom by KBRLegal.com

    • Posted: Feb 08, 2021
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    Hosting Association Meetings via Zoom

    by KBRLegal.com

     

    What You Need to Know    

    The most asked question of 2020 is this: Can our association host our board and annual meetings using Zoom or another similar virtual/electronic platform? There is no doubt that technology will always advance faster than legislation. In fact, advances in technology seem to take place in light speed whereM as advances in legislation seem to travel at the speed of your average turtle.

     

    As to board meetings, §718.112(2)(b)5 of the Condominium Act provides, “A board or committee member’s participation in a meeting via telephone, real-time videoconferencing, or similar real-time electronic or video communication counts toward a quorum, and such member may vote as if physically present. A speaker must be used so that the conversation of such members may be heard by the board or committee members attending in person as well as by any unit owners present at a meeting.” Note that similar provisions are provided for cooperative associations in §719.106(1)(b)5 and in §617.0820 for homeowners’ associations.

     

    As to virtual membership meetings, Chapter 617 Florida Statutes, applicable to all of Florida’s not-for-profit community associations, provides in §617.0721(3) that if authorized by the board of directors, and subject to such guidelines and procedures as the board of directors may adopt, members and proxy holders who are not physically present at a meeting may, by means of remote communication participate in the meeting and be deemed to be present in person and vote at the meeting if the corporation implements reasonable means to verify that each person deemed present and authorized to vote by means of remote communication is a member or proxy holder; and the corporation implements reasonable measures to provide such members or proxy holders with a reasonable opportunity to participate in the meeting and to vote on matters submitted to the members, including an opportunity to communicate and to read or hear the proceedings of the meeting substantially concurrent with the proceedings. If any member or proxy holder votes or takes other action by means of remote communication, a record of that member’s participation in the meeting must be maintained by the corporation in accordance with §617.1601. [emphasis added]

     

    In addition, the Condominium, Homeowners Association, and Cooperative Acts (Chapters 718, 720, and 719, Florida Statutes, respectively), provide that members have a right to speak during board and membership meetings (more on that below). In fact, each of the Acts also provide that board members can even communicate, but not make decisions, via email. Rule 61B23.001(2) of the Florida Administrative Code provides, in relevant part, that “all unit owners have the right to attend and observe all meetings of the board…” With this limited guidance as our backdrop, let’s ask the question slightly differently.

     

    Can our association host our board and annual meetings via Zoom or another electronic platform so long as all members have their opportunity to speak at the relevant times and all other statutory requirements are followed, such as a speakerphone in the designated meeting location for condominium association board meetings? The answer, simply put, is “yes,” you can.

     

    It is extremely important when planning on hosting the meeting through a Zoom-type platform that you think ahead about the implications. The type of vote that will occur at any membership meeting must be carefully considered. For example, what if there is an election and members have not yet opted to vote electronically? Provisions must be made to gather ballots up to the closing of the balloting at the membership meeting and for write-in candidates, too, as applicable (in a homeowners association type setting). Instructions must also be clearly provided to the members letting them know how the votes will be counted and ensuring the membership that they can observe the entire tabulation of the voting process. For example,

     

    Dear Members, In accordance with s. 720.316, Florida Statutes, in order to protect the health, safety, and welfare of the Association’s members, except for the members who volunteer to assist with the tally of the ballots (along with the man- agement team and the Association’s legal counsel), there will be NO in-person attendance at the annual meeting. Although there will be no in-person atten- dance, the annual meeting will be broadcast through Zoom (online video conf- erencing) for those who wish to remotely attend and observe the annual meeting, including the tallying of ballots. You may join the Zoom meeting at the appointed time by using the following link in your web browser: ___________ or through the Zoom ap- plication on your smart phone or tablet with Meet- ing ID: __________ and entering the following Password: ___________.

     

    Since we are on the subject of board and membership meetings and we are in “election season,” as it is affectionally referred to, let’s take a quick look at meeting notice requirements, eligibility, and terms for board of directors, vacancies, election disputes, and a members’ right to speak.

     

    BOARD MEETING NOTICE REQUIREMENTS

     

    Pursuant to §718.112(2)(c)1, 719.106(1)(c), and 720.303(2)(c), Florida Statutes, notice of a meeting of the board must be posted in a conspicuous place on the property at least 48 continuous hours preceding the meeting, unless the governing documents of the association require additional notice. However, notice of meetings of the board at which regular or special assessments against unit owners or at which amendment to the rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the owners and posted conspicuously on the property not less than 14 days before the meeting. Remember, too, electronic transmission is only permitted if the owner provides prior written consent.

     

    As discussed in more detail below, for annual meetings of the membership where an election will be held, the notice requirements for condominium and cooperative associations differ from the requirements for homeowners associations. However, for other meetings of the members, unless a homeowners association’s bylaws provide differently, the notice requirements are the same. Pursuant to §718.112(2)(d)3 and 719.106(1)(d), Florida Statutes, notice of a meeting of the membership must be given to each owner and posted in a conspicuous place on the property at least 14 days before the meeting. For homeowners associations, pursuant to 720.306(5), Florida Statutes, notice of meetings of the members must be given 14 days prior to the meeting, unless the bylaws provide differently. For meetings of the members where an election will be held, pursuant to §718.112(2)(d)4 and 719.106(1)(d)1, Florida Statutes, the first notice of the annual meeting of the membership must be sent to the members at least 60 days prior to the meeting, and the second notice must be provided at least 14 days to the members and posted conspicuously on the property at least 14 days in advance before the meeting. For homeowners associations’ annual meetings, notice must be provided at least 14 days before the meeting unless the bylaws provide differently pursuant to §720.306(5), Florida Statutes.

     

    ELIGIBILITY AND TERMS FOR BOARD OF DIRECTORS

     

    The eligibility requirements for board members are set out in §718.112(2)(d)2, 719.106(1)(a), and 720.306(9)(b). Pursuant to the foregoing, a person who is delinquent in the payment of any fine, fee, or other monetary obligation to the association is not eligible to be a candidate for the board. Additionally, any person who has been convicted of a felony is not eligible to serve on the board unless the person’s civil rights have been restored for at least five years. With the passage of Amendment 4, voting rights were restored to people convicted of a felony. It is unclear what impact Amendment 4 will have on the restrictions to eligibility for board members.

     

    Additionally, condominium associations should be aware that §718.112(2)(d)2 was amended to provide that a board member may not serve more than eight consecutive years unless approved by two-thirds of all votes cast in an election or if there are not enough eligible candidates to fill vacancies on the board. However, this provision applies prospectively, which means the clock did not start until the law went into effect on July 1, 2018. Additionally, this only prohibits eight consecutive years of service. If a board member has a break in service, then the clock would begin again.

     

    For condominium and cooperative associations with 10 or more units, co-owners of units are not eligible to serve on a condominium board unless they own more than one unit or unless there are not enough eligible candidates. This is not applicable to homeowners associations.

     

    Governing documents may provide that you must be an owner to serve on the board, but generally they cannot establish other eligibility requirements, such as residency requirements.

     

    VACANCIES

     

    In the event of a vacancy on the board, pursuant to §718.112(2)(d)9, 719.106(1)(d)6, and 720.306(9)(c), unless the bylaws provide otherwise, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, even if the remaining directors constitute less than a quorum, or if there is only one director remaining. In the event there is only one director remaining on the board, that director can choose to appoint people to fill all of the vacancies.

     

    ELECTION DISPUTES

     

    Election disputes for condominium, cooperative, and homeowners associations are handled by the Florida Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes (the “DBPR”) through mandatory arbitration in accordance with §718.1255(1), 719.1255, and 720.311(1), Florida Statutes. Pursuant to §718.112(2)(d)4.c, 719.106(1)(d)1.a, and 720.306(9)(a), any challenge to an election must be brought within 60 days after the election results are announced. Additionally, a board member cannot be subject to a recall when there are 60 or fewer days until a scheduled election, or when 60 or fewer days have not elapsed since the election of the board member sought to be recalled.

     

    MEMBER PARTICIPATION

     

    Members have a right to speak at meetings of the membership. Pursuant to §718.112(2)(c) and 719.106(1)(d)4, Florida Statutes, members of condominium and cooperative associations have the right to participate in meetings of the unit owners with reference to all designated agenda items. Pursuant to §720.306(6), members of a homeowners association have the right to speak with reference to all items opened for discussion and all items included on the agenda. In other words, in a homeowners association, members can speak on any matter that was opened for discussion, even if the matter was not listed on the agenda for the meeting. Additionally, §720.306(6), Florida Statutes, provides that a member must be allowed at least three minutes to speak on any item.

     

    Members also have a right to speak at meetings of the board of directors. [Pursuant to §718.112(2) (d)7 and 719.106(1)(c), Florida Statutes, members of condominium and cooperative associations have a right to speak at board meetings with reference to all designated agenda items. Pursuant to §720.303(2)(b), members have a right to speak at a board meeting with reference to all designated items.]

     

    In all instances condominium, cooperative, and homeowners association boards are authorized to adopt reasonable rules governing frequency, duration, and other manner of member comments for the board and membership meetings. To make the member comments more meaningful, consider permitting them after the board fully discusses each item, prior to voting, and prior to moving on to the next item.

     

    It is recommended you consult with your association legal counsel on the adoption of reasonable rules to ensure your virtual/electronic meetings run smoothly while also ensuring that they are in compliance with the association’s governing documents, Florida Statutes, and Florida Administrative Code.

     

     

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    Learn how to manage the unrelenting tidal wave of parcel deliveries

    Learn how to manage the unrelenting tidal wave of parcel deliveries

    • Posted: Feb 08, 2021
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    Watch our webinar on the challenges faced by many residential communities during COVID-19.

    Learn how to manage the unrelenting tidal wave of parcel deliveries.

    https://hubs.ly/H0FvlYr0

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    OWNER MAINTENANCE CHECKLIST by Steven J Weil, PhD, EA, LCAM

    OWNER MAINTENANCE CHECKLIST by Steven J Weil, PhD, EA, LCAM

    • Posted: Feb 04, 2021
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    OWNER MAINTENANCE CHECKLIST

    by Steven J Weil, PhD, EA, LCAM

     

    Over the years, many owners have asked us, “What maintenance duties am I responsible for within my condominium unit?” While every association is unique there are some things that are standard. This list is intended to assist you in understanding what you are responsible for and what you should make sure is done to protect yourself, your unit and your neighbors, for easily prevented but often costly damages that failure to maintain could make you liable for.

    • Change your Air Conditioning filter, monthly is best but never less than quarterly.
    • Sign up with an Air Conditioning company for an annual preventative maintenance plan.
    • Leave the Air Conditioning running when you are away for long periods to prevent mold and mildew. The humidity in South Florida can be a breeding ground for mold and mildew, your Air Conditioning helps lower the humidity in your unit preventing both from growing.  You can turn your thermostat up to 80 degrees so your Air Conditioning runs less but don’t turn it off.
    • Have your hot water tank checked by a licensed plumber to make sure it is not past its useful life. Hot water tanks that are 10 years or older should be replaced before they fail.
    • Inspect plumbing fixtures including toilets, sinks, faucets, drains (check under sinks and in cabinets for leaks to drain and traps) and water supply lines; replace all rusted or worn parts. South Florida water eats away at the fittings inside your toilet tank and faucets allowing water leaks that run up the common water bill costing every owner more in monthly maintenance; water is becoming a precious commodity in South Florida and this means that the cost keeps going up. Failure of any of these can result in damage to not only your unit but the units of your fellow owners as well making you responsible for the cost of putting things back the way they were.
    • Make sure the main water cut-off valve coming into your unit is working by testing it. If it’s not working have it replaced. Be sure to coordinate replacement with the Property Manager.
    • Check hose fittings on washing machines for tightness. Consider changing from the standard rubber style to a flexible metal-covered or “braided” hose. Old laundry hoses have been known to break and cause a flood. It’s best to replace these every 5 years or whenever you see signs of possible failure like bulges or fittings coming loose.
    • Replace old refrigerator ice maker supply lines with new industry standard flexible line.
    • Check caulking around all tubs and showers. Inadequate caulking or cracked caulking can cause leaks.
    • Have the duct for your dryer cleaned at least once each year. Lint-clogged ducts are the cause of many condominium fires.
    • When you’re planning to be away from your unit for longer than a few days, think about turning off your main water supply valve to prevent a flood while you are away.
    • Remember damage cause by failure to maintain your unit is your responsibility and it can be costly.

    Doing a little bit of preventive maintenance can protect you, your property and your neighbors.

     


    Royale Management Services, Inc. provides the most professional, effective, accurate and efficient condominium management service available.

    We provide professional property management services only in South Florida: Broward, Dade & Palm Beach County.

    Royale Management Services, Inc. is a full-service, CAM (Community Association Management) licensed, residential property management company, specializing in management, consulting and accounting for Condominium Associations and Home Owners Associations.

    We are dedicated to excellent customer service and pride ourselves on providing condominium management services and home owner association management that work for you and your association.

    Please browse our website to learn more about our company, our many services, and our commitment to excellence.

    If you want to learn more or have questions about our services, call us at 1-800-382-1040 or 954-563-1269 to speak with one of our professionals today.

     

     

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