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Aruba Permit Services is your one-stop-shop provider for closing all your open building permits and code violations.

Aruba Permit Services is your one-stop-shop provider for closing all your open building permits and code violations.

  • Posted: Jan 12, 2021
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Aruba Permit Services is your one-stop-shop provider for closing all your open building permits and code violations.

 

We Specialize in Resolving Open or Expired Permits, Code Violations, and
Lien Negotiations!

 

  • Expired Building Permits
  • Code Violations
  • ”As-Built” Engineer Drawings
  • Garage Conversions
  • Unpermitted Work
  • Courtesy Public Notary 
  • Inspections
  • Repairs
  • Lien Negotiations
  • Complimentary Zoom Video Inspections
  • ”After the Fact” Building Permits
  • Illegal Additions
  • Re-roof Certifications
  • 40/50 Year Building Re-certifications 
  • Renovations and Remodels
  • Roofing

 

Call us at (954) 786-7292 or visit our website aruba-services.com to request a free quote!

View our SFPMA Membership Page Working with Condo and HOA in Florida’s Management Industry!

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BEFORE YOU INSTALL THAT NEW RING DOORBELL  By Eric Glazer, Esq.

BEFORE YOU INSTALL THAT NEW RING DOORBELL By Eric Glazer, Esq.

BEFORE YOU INSTALL THAT NEW RING DOORBELL

By Eric Glazer, Esq.

It’s becoming impossible to keep up with technology.  Just when you think you bought the latest, greatest computer or cell phone the world may ever see, a month later there’s new technology that makes you device already seem outdated.  It’s a never ending cycle.  Well, one new technological advance is the RING doorbell, which is a doorbell that let’s you see who is at your front door, by simply glancing at your cell phone.  I have one for my home and another for my office.  It even let’s you speak to and hear the person who is at your door, even when you are not home.  In fact, you can be anywhere in the world.  It really is fantastic technology that everyone is taking advantage of.  BUT IF YOU LIVE IN A CONDOMINIUM…..YOU CAN’T.

Let’s again review Florida Statute 718.113(2)(a):

Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018.

So the question is…..is the installation of a RING doorbell on your condominium front door, a material alteration to the common elements that requires a vote of the owners? In Persi v. Playa Del Mar Association, Case No. 19-02-7292, March 16, 2020, Arbitrator Keith Hope held that it was and upheld the association’s right to remove it.  The arbitrator first again indicated the definition of a material alteration:

“[A]s applied to buildings, the term material alteration or addition ‘means to palpably or perceptively vary or change the form, shape, elements or specifications of a building from its original design or plan, or existing conditions, in such a manner as to appreciably affect or influence its function, use or appearance

Applying this test, the Arbitrator held that Petitioners’ installation of the ring video doorbell was a material change to the appearance of the common property door, and required installation of electrical wiring within the common property walls. Moreover, it is undisputed that Petitioners’ ring video doorbell contains a security camera that captures both audio and video of persons and activities within its field of view. Installation of a security camera on or in a condominium’s common property is deemed a material alteration. Dellagrotta v. West Coast Vista Association, Inc., Arb. Case No. 2013-02-7351, Summary Final Order (October 4, 2013).

While it’s hard to say the arbitrator’s reasoning was not correct, arbitration cases have long held that when the Board wants to use the benefits of new technology, it’s suddenly not a material alteration but a wise business judgment decision.

For example:

In the arbitration case of A. N. Inc. v. Seaplace Association, Inc., Arb. Case No. 98-4251, Summary Final Order (Oct. 29, 1998), replacement of all of the windows in the condominium with an upgraded version, with a tilt-out cleaning feature, tinting and heavier glass, was held not to require a unit owner vote. The arbitrator noted that the choice of the type of window used is a decision within the board’s business judgment and that “a board in the exercise of its well-reasoned and documented judgment could and should take advantage of changes in technology, building materials, and improved designs …” See also, Kreitman v. The Decoplage Condominium Association, Inc., Arb. Case No. 98-4711, Final Order (July 30, 1999) (board’s decision to replace worn hallway carpets with longer lasting solution-dyed, woven carpet was not subject to unit owner approval).

 

In light of these cases, why are upgraded windows and carpets not considered a material alteration, but upgraded doorbells that take advantage of the latest technology are?  Just like the Board, I don’t see the harm in owners having the right to take advantage of “changes in technology” and having the ability to install a doorbell that provides better safety, security and ease of use.

 

 

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End of year Taxes for your property by RMS Accounting

End of year Taxes for your property by RMS Accounting

  • Posted: Jan 08, 2021
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End of year Taxes for your property

by RMS Accounting

End of Year Taxes:

While tax returns aren’t due until April, to minimize your tax burden the strategy of accelerating rental property expenses should be considered now, property owners, should start deducting these expenses this year could be more important than ever, especially if you’re affected by the new Affordable Healthcare Act tax. Under the Act, if your modified adjusted income exceeds $250,000 (filing jointly) then you’ll pay an additional 3.8% tax on any rental income or other passive income above that amount. Rental property expenses are deductible only in the year they are paid, so December is your last chance to pay for any rental property-related expenses that you want to deduct this year. Additionally, you can pay your expenses in advance, so consider paying in December some expenses due next year (such as a mortgage payment, property taxes, or utility bills) to offset this year’s income.

As far as rental income is concerned, don’t be tempted to defer rental income for December rents to next year. The Internal Revenue Service matches 1099s for commercial leases, and they want to see rental income match up with 1099s. While residential rental owners don’t receive 1099s from their tenants, many audits that CAP’s have been involved in where the IRS examined residential lease agreements and had issues with the rental owner declaring less than a full twelve months of income if the unit was occupied for the entire year. But what if you were on vacation for all of December and didn’t check your mailbox until mid-January? That’s still income for December.

It’s important to not make assumptions about rental income losses–several clients get burned because they thought they could deduct these losses. The problem is that rental income losses fall under the “passive income rule” which can be a complicated beast. Rental income is considered passive income, and under the rule, passive income losses can only be offset against passive income, which means you need to have another rental property that makes money or some other passive income source. The rule is different if your adjusted gross income is less than $150,000. The passive income rules are very complex and everyone has a different situation, so it’s critical that you consult with your tax advisor before you act on any assumptions.

 


Checklist: End of Year Taxes

 

Meet with your accountant to discuss end of year tax strategies.
Consider paying now expenses due next year to offset this year’s income.
Let your accountant know if you anticipate any rental losses next year, or if you’re planning on refinancing, buying, or selling rental property as these activities may have tax consequences that might be partially mitigated with informed planning.
If you formed an LLC or S-Corporation to hold your rental property, order 1099s now to send to your unincorporated vendors (to whom you paid more than $600) by January 31st–it can sneak up quickly.

We provide you with complete, timely reports that will manage your cash flow:

  • Accounts receivable aging
  • Transaction Journals
  • Cash disbursement listings
  • Bank reconciliations
  • Accounts payable reports
  • Sales tax reports
  • Cash demand projection
  • Payroll tax reports
  • Cash balance reports
  • Other business tax reports
  • Balance sheets
  • General ledgers
  • Income statements
  • Customized reports

You will be surprised at how much you can save. You can reduce many variable costs, office space, payroll taxes, employee benefits, equipment costs, software costs and the effort! Contact us for a free estimate of the cost savings for your business.


Year-end reviews:

Revisiting and evaluating insurance policies and rental regulations and laws is key to protecting your rental property investment. We recommend that rental property owners set an annual calendar reminder to review their insurance policies for proper and adequate coverage and check on new local ordinances affecting landlords.

Insurance policies and their respective coverage amounts change frequently. We have seen many owners move out of their property and convert it to a rental but forget to call their insurance provider to make sure their policy is updated from a primary occupant policy to a landlord policy. If an owner does not make this policy change then it is very likely a future claim will be denied for the wrong policy classification. The classification change to a landlord policy will likely result in a premium increase but without the proper classification the property owner is not adequately insured which, in the end, will be a much bigger price to pay.

City ordinances can change quickly and are difficult for distant and even local landlords to be aware of. While a local professional property manager should be able to help you with local ordinances, It is ultimately the property owner’s responsibility to make sure rental property is compliant with local city and county ordinances.

In addition to local ordinances, make sure you understand federal and state laws that impact rental property, such as fair housing requirements and your state’s landlord-tenants laws. Your property manager, if you have one, will be an important resource here. If you self-manage your rental property, consider joining a state or local landlord association, as these groups often have attorneys provide updates on changing laws as well as provide other benefits. Property Managers in South Florida can join forces with www.sfpma.com

While it might be a slower time for year for landlords and property management companies, the winter, especially December, can nonetheless get busy because of the holidays. However, it’s important to have a game plan for the coming year. Schedule a planning meeting to meet with key people, including any co-owners of your rental property or your property manager, if you have one, to address these issues:

 

Checklist: Planning for Next Year
Confirm annual or six-month rental property inspections are scheduled.
Review lease agreement template.
Review policies or “house rules.” Consider adding a policy addressing space heater safety. Adding a Pet Policy, we see many more tenants and owners with pets, along with service animals.
Review rents and consider an increase.
Discuss whether any significant repairs, such as re-roofing, need to be undertaken in the coming year.

 

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Mortgage rates begin 2021 at a place no one would have believed a year ago | SFPMA

Mortgage rates begin 2021 at a place no one would have believed a year ago | SFPMA

  • Posted: Jan 02, 2021
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Mortgage rates begin 2021 at a place no one would have believed a year ago

Ethan Rotberg

An unbelievable year for home borrowers has ended with mortgage rates lingering just a notch above their latest all-time low — which was the 16th set during 2020, according to a popular survey.

“All eyes have been on mortgage rates this year, especially the 30-year fixed-rate, which has dropped more than 1 percentage point over the last 12 months,” says Sam Khater, chief economist at Freddie Mac, the mortgage giant that has been tracking rates for nearly 50 years.

The new year has begun with jaw-dropping rates helping homebuyers beat rising housing prices, and allowing homeowners to refinance and save thousands of dollars a year.

 

Mortgage rates ticked up slightly last week to 2.67% for a 30-year fixed-rate home loan, from the record-low 2.66% a week earlier, Freddie Mac said on Thursday.

One year ago, 30-year mortgages were averaging 3.72% — which seems almost astronomically high compared to today’s rates.

“[It] was a fitting conclusion to a year that has seen mortgage rates plunge to levels that seemed unfathomable a few years ago,” says Matthew Speakman, an economist with Zillow. “But as a new year is set to begin, some notable upward risks to mortgage rates loom.”

Though the newly passed COVID-19 relief bill had been expected for months, Speakman says the possibility of even more fiscal relief, along with important Senate runoff elections in Georgia, could prompt sharper movements in rates going forward.

 

 

Freddie Mac is forecasting stronger economic growth in the new year, which could push rates away from their historic lows of 2020. In its latest forecast, the company predicts mortgage rates will rise to an average 3% in 2021.

But, before that happens, homeowners have time to capitalize on rock-bottom rates by refinancing.

More than 19 million mortgage holders still haven’t gotten in on the action, says mortgage technology and data provider Black Knight. Those borrowers could save an average $308 per month by refinancing now.

A good refi candidate — with a solid credit score and at least 20% home equity — may want to lock in an ultra-low rate while those are available.

If rates should pop unexpectedly, you’ll need to find other ways to reduce your housing costs. For example, you could comparison shop when you buy or renew your homeowners insurance, and potentially save hundreds of dollars on your coverage.

 

With mortgage rates so low, Americans hoping to buy a home in 2021 are in a good position.

“The steep rise in home prices during the second half of 2020 was muted by mortgage rates,” says Realtor.com’s senior economist George Ratiu.

But the forecast is a bit cloudy, and Ratiu expects first-time buyers will eventually find it challenging to get a good deal on a loan while COVID cases are surging, unemployment is high and home affordability is shrinking. Like homeowners, buyers also must shop around to find the best mortgage deal.

Rates on other popular types of home loans dropped last week, the Freddie Mac survey shows.

The average for a 15-year fixed-rate mortgage fell to a record-low 2.17%, down from 2.19% the previous week, and nearly a full percentage point lower than a year ago, when the average was 3.16%.

For 5/1 adjustable-rate mortgages, or ARMs, the average decreased from 2.79% to 2.71% — far below the year-ago average of 3.46%.

 


Learn more about helping Condo, HOA Financing from our Banking and Finance Members of SFPMA

 

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Florida Condominium Act, extensively regulates amendments to condominium documents. by Becker

Florida Condominium Act, extensively regulates amendments to condominium documents. by Becker

  • Posted: Dec 31, 2020
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Florida Condominium Act, extensively regulates amendments to condominium documents.

Joseph E. Adams / Becker
BlogPublication Florida Condo & HOA Law Blog

 

Q: After the unit owners in a condominium association vote to approve an amendment, is there a time limit or deadline by which the amendment must be recorded with the county? (M.A. via e-mail)

A: Chapter 718 of the Florida Statutes, known as the Florida Condominium Act, extensively regulates amendments to condominium documents. However, the Act does not contain a specific deadline for when properly adopted amendments to the condominium documents must be recorded.

Section 718.110(3) of the Act states that amendments to the declaration are effective when properly recorded in the public records of the county where the declaration is recorded. Similarly, Section 718.112(1)(b) of the Act states that amendments to the articles of incorporation or bylaws are not valid unless recorded in the public records of the county where the declaration of condominium is recorded. Further, Chapter 617, the Florida Not For Profit Corporation Act, provides that amendments to the articles of incorporation must be filed in the office of the Department of State.

In my opinion, the recording of such amendments is a ministerial act that the board would be required to undertake within a reasonable time of the approval of the amendment. While there is room debate what is reasonable, I would say absent unusual circumstances (such as an intervening legal challenge or some after-discovered error), 30 days from approval would be a reasonable time frame.

However, there is also no specific prohibition in the statute preventing an association from recording an amendment long after the owner vote. I occasionally see situations where an association failed to record an amendment due to changes in the board or management or other circumstances, and records an amendment a year or longer after its approval. This is obviously not an ideal situation since you might have new owners who did not get a chance to vote on the amendment and who could claim that they bought there unit based on what was in the public records.

 

Q: Can you explain what a “material alteration” is? We have a constant argument in our condominium association, usually driven by one particular owner, over what the board can and cannot do. (J.F., via e-mail)

A: This is one of the most common areas of disputes in condominiums. As you probably know, Section 718.113(2) of the Florida Condominium Act provides that there can be no material alterations or substantial additions to the common elements except as authorized by the declaration of condominium. If the declaration is silent, then 75 percent of all voting interests must approve the alteration or addition (there is usually one voting interest per unit).

The standard still used by the courts today comes from a decision from a Florida appeals court rendered almost 50 years ago. In ruling that a unit owner’s closing in a screened lanai with windows was a material alteration, the court stated that the term means “to palpably or perceptively vary or change the form, shape, elements or specifications of a building from its original design, or current condition, in such a manner as to appreciably affect or influence its function, use or appearance.” Using this test, appellate courts have ruled that changing the exterior color scheme of condominium buildings is a material alteration, as is changing mansard roof shingles made of cedar to tile type shingles.

As with most rules, there are exceptions, one being the so-called “necessary maintenance exception,” which originates from a series of appellate court cases from the Second District Court of Appeals (which includes southwest Florida). These cases basically say that certain changes can be made without and owner vote when necessary to comply with law or when necessary for the proper maintenance and preservation of the condominium property.

 


Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers.

Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com.

Past editions may be viewed at floridacondohoalawblog.com.

 

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We are getting ready for this year, remember: When you keep us informed we can use this to keep the industry informed. | SFPMA

We are getting ready for this year, remember: When you keep us informed we can use this to keep the industry informed. | SFPMA

  • Posted: Dec 30, 2020
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We are getting ready for this year, we offer many services for members. When you keep us informed we can use this to keep the industry informed.

We ask our members about Advertising
– In the next week we have information that will be sent directly to our members.
– Advertising includes: On our Website, On the Directory Categories, In our Email Blast and our Magazine, Florida Rising Magazine.
These when sent go out to industry professionals. Boards for Condos and HOA’s, Managers and YOU if you sign up.
Be safe and healthy
—————-
As we are reopening let your membership with us help you get in front of clients all over Florida
Here is some information about SFPMA.
What you can expect and rely upon with your membership.
We are a multi-member property management organization in the State of Florida. Expand your professional network, connect with those who work directly with Professionals in our Industry that may not necessarily know about your business.
Take advantage, meet like minded professionals and opens up opportunities for future business ventures and lifelong partnerships.
Through your Membership:
1. You are listed on the Website Members Directory. – marketed to clients all over Florida.
2. You are also listed on the Magazine Directory.- Our publication is sent each month to over 230,000+ Subscribers and Clients keeping them up to date on the the Industry.
3. Members can Write Articles, Send us Company News and Promotions we send to Thousands of Industry Professionals.
Let them get to know what you do! – Remember Send us information about your company! We will resend this out keeping everyone informed on the Services you Offer.
4. We publish many Events each month that are listed on our Upcoming Events Calendar. Licensing Become a CAM, Webinars for our industry and Board Education…..
It starts with: Membership and being listed on the Florida Directory. What we will offer You! Finding the top Companies that work in our Industry is important for Property Managers, Condo & HOA Board Members.
Happy New Year from all of us at:
~SFPMA
From Frank J Mari and Our Team.
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Income Tax Up Date for Landlords & Real Investors Webinar by  RMS Accounting

Income Tax Up Date for Landlords & Real Investors Webinar by RMS Accounting

  • Posted: Dec 14, 2020
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Income Tax Up Date for Landlords & Real Investors Webinar

by RMS Accounting

December , 16 2020 @6:00 PM

This free webinar will cover the following topics: Understanding rental income & Expenses, Passive loss restrictions, and material participation, Depreciation choices, Section 199A and QBID, along with much more that we help you understand and get every benefit the tax code allows.

Register Here

 


 

Keep up to date with all of the Events- View our Calendar of Upcoming Events on SFPMA

 

2021 LEGAL UPDATE by Attorney Jeffrey Rembaum from Kaye Bender Rembaum

WEBINAR Florida

2021 LEGAL UPDATE December 16th  12:00 pm – 2:00 pm Join Campbell Property Management and Attorney Jeffrey Rembaum from Kaye Bender Rembaum for this Legal Update Webinar, live via Zoom. This 2 hour course will run from 12:00 PM to 2:00 PM. Property Managers who attend will receive 2 CEUs in the Legal Update category. Board Members who attend will learn about law changes from 2020 that may impact their community associations in Florida. Register Today


FREE EDUCATION Virtual Event “MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS” DEC 16th by Katzman Chandler

WEBINAR Florida

FREE EDUCATION Virtual Event “MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS”  by Katzman Chandler   MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS Date: Wednesday, December 16, 2020 Time: 1:00 pm Location: Online Event via, Zoom What are some typical Community Association Rules and Regulations? How are the Association’s Rules and Regulations adopted and enforced? Who enforces them, and by what means? Is an attorney needed to create them? This Course provides answers to these questions, as well as a primer on Association Governing Documents, their order of priority and enforceability, and includes a review of fines and fining procedures. REGISTER NOW Register Online or Call Now  800-987-6518


SEASON 2; EPISODE 6 OF ASSOCIATION LEADERSHIP with Castle Group & Kaye Bender Rembaum

WEBINAR Florida

SEASON 2; EPISODE 6 OF ASSOCIATION LEADERSHIP Castle Group & Kaye Bender Rembaum December 17th  12:00 pm – 1:00 pm Castle Group & Kaye Bender Rembaum invite you to join us for Season 2, Episode 6 of Association Leadership. The live webinar will be hosted by Craig Vaughan- Castle Group, President and Attorneys Jeffrey A. Rembaum & Michael S. Bender- Kaye Bender Rembaum, P.L.- Board Certified Specialists in Condominium and Planned Development Law. This is hosted by Castle. Please direct all questions to m.rodriguez@castlegroup.com Reserve your seat HERE!


WEBINAR: GUEST RESTRICTIONS & SCREENING TENANTS AND NEW OWNERS

WEBINAR Florida

WEBINAR: GUEST RESTRICTIONS & SCREENING TENANTS AND NEW OWNERS  December 17th  1:00 pm – 2:00 pm Guest Restrictions & Screening Tenants and New Owners: Is It Worthwhile? Course #: 9630142  |  1 CE credit in HR (or Elective) Instructor: Karina Skeie, Esq. This webinar addresses the authority to review and approve tenants and owners, including issues related to transfer fees/security deposits, potential “good cause” to deny an applicant, restricting guest occupancy, and common pitfalls in the “screening” process. RESERVE YOUR SEAT HERE


FREE EDUCATION Virtual Event “Q & A SESSION FOR MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS” DEC 17th by Katzman Chandler

WEBINAR Florida

FREE EDUCATION Virtual Event “Q & A SESSION FOR MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS”  by Katzman Chandler Q & A SESSION FOR MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS Date: Thursday, December 17, 2020 Time: 1:00 pm – 2:00 pm Location: Online Event via, Zoom You have questions, we have answers! Come join our Q & A Session to answer all your questions about Maintaining Order: a Discussion on Rules & Regulations, Governing Documents and Fining in Community Associations. REGISTER NOW Register Online or Call Now  800-987-6518


Webinar: DISASTER PREPAREDNESS & RECOVERY: ARE YOU READY TO WEATHER THE STORM? by Becker

WEBINAR Florida

DISASTER PREPAREDNESS & RECOVERY: ARE YOU READY TO WEATHER THE STORM? by Becker Provider #0000811 | Course #9630113 | 1 OPP or 1 ELE Credit Online Webinar Is your community prepared in the event that a hurricane strikes through your city? In this special course we will go over practical tips for developing and implementing a disaster recovery plan for your community. Managers and board members will learn: Steps to take to protect life and property Recover and post event steps The ins and outs of contracting before and after the hurricane How to document a claim

 

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An Association’s Response to Owners Requiring Additional Care by Becker

An Association’s Response to Owners Requiring Additional Care by Becker

  • Posted: Dec 14, 2020
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An Association’s Response to Owners Requiring Additional Care

Robyn M. Severs | 12.11.2020
Florida Condo & HOA Law Blog

 

Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist these individuals. Plus, associations are not healthcare or mental health providers, so they are not equipped to address such matters. Instead, associations will need to request help from family, friends, or governmental entities.

Depending on the severity and facts of a particular situation, the association should attempt to contact known relatives to determine if there is someone available to assist, as it is best that the association allow the family to intervene. Associations should consider having owners complete a form that would list relatives, friends, emergency contacts, to assist in such situations. However, there are many cases where the resident does not want their family to help, where the family is unwilling or unable to help, or where the association does not know of any relative or friend of the owner. In those instances, the association may need to see if there is any governmental assistance.

The association can contact Code Enforcement if the property is in so disrepair that it is a code violation. Some counties also have Elder Helplines that could be contacted. The Florida Department of Elder Affairs has an Elder Helpline at 1-800-963-5337.

 

For issues regarding self-neglect, the Adult Protective Services, Division of the Department of Children and Family Services (DCF) Abuse Hotline can be called at (800-962-2873). They should send out an investigator to investigate and perform assessments pursuant to Chapter 415 of the Florida Statutes, which allows the state to intervene in the instance that “senior neglect” is suspected. “Neglect” is defined in Section 415.102(16), Florida Statutes as follows:

  • “Neglect” means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.

Finally, local law enforcement should be contacted if the association is concerned for an owner’s safety. They can perform a “welfare check” to check on the safety or well-being of a person. Such a check could lead to involuntary commitment pursuant to the Florida Mental Health Act, also known as the Baker Act. This is occasionally a viable option when a person’s inability to care for themselves presents a danger to themselves or others.

 

If the resident refuses to accept the assistance offered by family or applicable agencies and, instead, continues to cause problems for other residents, or create hazardous conditions, the association could theoretically attempt to enforce the relevant provisions of the association’s governing documents, usually through a nuisance provision.

As you might imagine, the travails of the elderly or those with mental health issues are rarely optimal cases to take before a judge or an arbitrator. However, at least in some cases, it may be worth taking the initial steps necessary to proceed with legal action including a “cease and desist” or “opportunity to cure” letter. The association could also use the legal action as a way to get a legal guardian appointed for the owner. Perhaps the association could seek a determination from a court as to whether the association could cure the violations themselves. While this may not be an attractive option for the association, it may be the only available option.

Unfortunately, dealing with residents that need help is a difficult situation for associations with no clear answer as to how to resolve the problem. Hopefully, the above options will be able to provide some guidance and assistance.

 


Robyn M. Severs represents community association clients throughout Florida’s northeast region. She has significant experience representing and assisting condominium and homeowners associations in a wide variety of legal areas, including document review, document drafting, turnover of association control, reserve funding, and maintenance issues. Robyn also handles community association bankruptcy cases and appellate cases that include some notable decisions. Earlier in her career, she served as an Assistant Public Defender for the Tenth Judicial Circuit, and as a Senior Attorney for the Florida Department of Business and Professional Regulation, Division of Real Estate, where she prosecuted cases before the Division of Administrative Hearings, Florida Real Estate Commission and Florida Real Estate Appraisal Board. Ms. Severs is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

Robyn M. Severs

Shareholder / Orlando
tel:904.423.5372
RSEVERS@beckerlawyers.com

 

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Working effectively with a condo manager, what to expect.

Working effectively with a condo manager, what to expect.

  • Posted: Dec 09, 2020
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Working effectively with a condo manager

Boards can build positive professional relationships with their PMs in three simple steps

Whether newly elected or seasoned veterans, all board members can benefit from putting effort into developing effective working relationships with their condo manager. Building trust is critical. If all parties trust each other, they are more able to work well together and with less friction.

What are the best ways to build that trust? There are three simple steps that boards can take to strike, strengthen or maintain effective working relationships with their property managers. They start with setting a clear and positive direction for the board and management as they work together to fulfill the requirements of their respective roles.

 

1. Define roles

It’s important for those who are new to condo boards to understand the distinction between the roles of the board and management. The board is responsible for setting the corporation’s vision and direction, makes key decisions, and generally provides leadership. Management is responsible for executing that vision and carrying out day-to-day activities.

When joining a board for the first time, or starting work with a new manager, board members should arrange a time to discuss roles and responsibilities in detail. This discussion also presents a good opportunity to clear up any misconceptions and clarify areas of overlap. Experienced board members will not likely have this issue, but new board members (or directors coming from a non-professional background) may need clarification on what constitutes a normal level of involvement on their part.

In some of the largest corporations, management may operate like a business, presenting comprehensive plans to the board for review and approval. In some of the smaller corporations, management may take an interactive or team approach, giving board members the opportunity to be much more hands-on.

Overlap can be an issue if a board member is particularly “hands-on,” or to use a less flattering term, is a “micromanager.” If a board member is particularly detail-oriented, or wants to be involved in the day-to-day details of managing the condo corporation, having an open and frank discussion is all the more important to ensure everyone’s ideas are aligned.

 

2. Set clear expectations

Unstated or unclear expectations are a recipe for disappointment and frustration for both the board and property manager, so the board should clearly state its expectations upfront. All board members and condo managers draw on their own experiences and uses their own methods of working. Most are able to adjust to others’ needs, so long as they’re made aware of those needs.

Here are some topics that are worth clarifying when a new board member or property manager joins the team:

  • How often does the board expect updates from management?
  • Will business be conducted primarily in meetings, or will there be a steady flow of email and phone communication between meetings?
  • When urgent issues must be addressed between meetings, how will a decision be made while still complying with Condominium Act requirements?
  • How quickly do board members expect a response to their communications from management?
  • Conversely, how quickly are board members typically able to respond to emails? Some board members have jobs that demand much of their time during the day, while others have more flexible schedules and will be able to respond more quickly.
  • What types of problems should the board be notified about? For example, does the board want to be notified about a break-in as soon as it happens, or is it acceptable to just put it on the manager’s report and review it at the next board meeting?
  • What tools will be used, and how will they be used? Whether communicating through email or a more advanced online management system, be sure that everyone knows what is expected of him or her.

It’s also a good idea to set clear expectations at the start of any new project. Whether the condominium corporation is undertaking a hallway refurbishment, boiler replacement or even something smaller, such as an annual landscaping update, spend the time to make sure everyone is on the same page. This can be particularly helpful when a new team member is involved. Whether it’s an engineer, consultant or project manager, the new team member will appreciate knowing what the client expects.

 

3. Communicate

Defined roles and expectations set the foundation for a productive working relationship. Clear, ongoing communication is critical to its continued success. Here are four tips to help keep the relationship running smoothly:

Establish a board/management liaison role: Whether the board has three, five or even seven members, it can be difficult for the property manager to take direction from everyone at once. And if messages are conflicting, it can be all the more frustrating. Appointing a particular board member as the liaison makes communication channels clearer and communications more efficient.

Have regular check-in meetings, face-to-face if possible: This may seem like a simple step, but many people overlook it: spending some time face-to-face gives both parties the opportunity to bring up any issues that may be either difficult or uncomfortable to bring up by phone or email. Having ample opportunity to address difficult issues is important to creating an environment of open and honest communication.

Give feedback immediately: If the board feels that there is a problem, it’s not particularly useful for the property manager to hear about it months after the fact, during an annual performance review. That said, be sure to deliver any critical or constructive criticism in a private setting, rather than in front of owners or residents. And don’t forget to share positive feedback, too! Reinforcing and encouraging the right behaviours is just as important as addressing problem areas.

Conduct annual performance reviews: While performance reviews may be about as popular as a trip to the dentist, they are absolutely critical to the success of any condo. At a minimum, the board should take the time to gather feedback and have a performance conversation with the manager on an annual basis. If there are particular difficulties and challenges, then the board would be well advised to provide feedback more frequently. A common approach is to gather feedback and have one board member present it, which makes the meeting less intimidating.

Whether a board is just starting out, or trying to strengthen or repair an existing relationship, it’s important for it to take time to set clear expectations and discuss everybody’s roles and responsibilities. Once this foundation is laid, regular, ongoing communication is key to keeping operations running smoothly. And when problems inevitably occur, the continuing dialogue will encourage both board members and property managers to address minor issues before they become serious issues.

It takes time and effort for board members and their property manager to build a positive working relationship, but by completing these three steps, they have a much greater chance of success.

 


Submitted by: Brian Bosscher is the president and founder of Condo Control Central,  He can be reached by phone at 647-557-8479, or by email at brian@condocontrolcentral.com.

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December 8th, 9th and 10th Virtual HOA, Condo and HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER Events by Kaye Bender Rembaum

December 8th, 9th and 10th Virtual HOA, Condo and HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER Events by Kaye Bender Rembaum

  • Posted: Dec 07, 2020
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Virtual:

  • HOA Board Certification Course,
  • Condo Board Certification Course and
  • Board & Property Management Seminar on  “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS” 

Virtual HOA Board Member Certification Course

WEBINAR Florida

Virtual HOA Board Member Certification Course Tuesday, December 8, 2020 from 5:30 PM – 8:00 PM

Join us for this Virtual HOA Board Certification Course taught by Emily Gannon from Kaye Bender Rembaum. We will also have a “Board Member Best Practices” presentation during the course presented by Campbell Property Management. This session is for Board Members of Homeowners Associations only – NOT Condo Associations.

Register Today

 


 

CONDOMINIUM ASSOCIATION BOARD MEMBER CERTIFICATION by Kaye Bender Rembaum

WEBINAR Florida

CONDOMINIUM ASSOCIATION BOARD MEMBER CERTIFICATION  December 9th  5:30 pm – 8:00 pm Course #: 9630075  |  Provider #: 0005092  |  2 CEs in IFM or ELE Join us for this Virtual Condo Board Certification Course taught by Allison L. Hertz from Kaye Bender Rembaum. We will also have a “Board Member Best Practices” presentation during the course presented by Campbell Property Management. This session is for Board Members of Condominium Associations only – NOT Homeowners’ Associations. Hosted by Campbell Property Management. Webinar Online

Register Today

 


 

WEBINAR- “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS”

WEBINAR Florida

WEBINAR- “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS”  December 10th  11:00 am – 12:30 pm Harassment, Cyber stalking. Defamation & Slander in Community Associations: What the $%@# Did You Say to Me? Instructor: Shawn G. Brown, Esq., BCS An informative seminar covering various forms of communication and threats in Community Associations, including Facebook, Twitter and Next Door; how it affects those directly involved, how it affects the community, and how it affects the operations of the association; and what types of communication are protected. Note that there is no CE credit for this webinar.

Register Today

 

 

 

 


 

State of Florida Property Management Associations events brings attendees from all over the State of Florida – information, insights, and expertise, where amazing relationships are formed.  Members and Clients tell us the time spent with their peers at events are invaluable.  We’d love to hear from you- for questions, comments, or ideas, Note: as of now these members events are virtual, we hope to soon have in class education events in the future.

contact:  membership@sfpma.com

 

 

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Is It a Limited Common Element?  By: Michael Dermody, Esq. of BECKER

Is It a Limited Common Element? By: Michael Dermody, Esq. of BECKER

  • Posted: Dec 02, 2020
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Is It a Limited Common Element?

By: Michael Dermody, Esqof Becker

Most condominium unit owners may think that limited common elements are those areas outside the condominium unit that are part of the common elements, but which are used only by a specific unit owner.  However, the Florida Condominium Act defines “limited common elements” as “those common elements which are reserved for the use of a certain unit to the exclusion of all other units, as specified in the declaration.” (FS 718.103(19), emphasis added). Thus, the determination of whether a common element (i.e., any area not included within the unit boundaries) is a “limited common element” depends solely upon the designation set forth in the property’s declaration. Brown v Rice, 716 So.2d 807 (5th DCA 1998).

 

This requirement that limited common elements (“LCE”) must be “specified in the declaration” can be crucial when it comes to assigning maintenance responsibility.  While maintenance of common elements (of which LCE are a subset) is statutorily the responsibility of the association, the Condominium Act provides that “the declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements…”  FS 718.113(1).  However, the fact that unit owners are assigned the maintenance obligation in the declaration for areas outside of their unit under their exclusive control may not mean much if the area is not designated as a limited common element in the declaration of condominium; in such case the declaration may be assigning maintenance responsibility for something that does not technically exist.  Without such specific designation the area would remain a part of the common elements, and the maintenance responsibility of the association.

 

When patios and balconies are associated with units, they are usually plainly marked as limited common elements in the unit diagrams and are thus “specified.”   But there are less obvious things external to a unit, but used exclusively by the unit owner, that may escape specification in the declaration such as external air conditioning units, air conditioner connecting lines, air conditioner condensate drain lines, or plumbing lines that serve only one unit. If the intent is to assign the unit owner the maintenance responsibility for such things, they must be specified as limited common elements in the declaration.  Conversely, the mere fact that the LCE are specified in the declaration does not automatically make the LCE the maintenance responsibility of the unit owner. LCE are, after all, a part of the common elements, and by default are an association maintenance obligation.  To properly assign the maintenance obligation to the unit owner, the declaration must both specify the item or area in question as a limited common element and designate the maintenance obligation to the unit owner.

 

If your association has portions of the common elements that serve only one unit owner, or group of units, which are not specified in the declaration as limited common elements, the Condominium Act was amended a few years ago to allow the association to reclassify these portions of the common elements as limited common elements, by amending the declaration (and amending the maintenance obligations, if necessary).  If these obligations are not clear in your condominium declaration, consult with your attorney to determine whether amendments to reclassify portions of the condominium property from common elements to limited common elements would be beneficial to your community.

 


Michael O. Dermody
Senior Attorney
tel:772.286.2990
MDERMODY@beckerlawyers.com

 

Michael Dermody concentrates his legal practice in commercial litigation, with a focus in appellate writing. He was admitted to the Florida Bar in May, 2007, and has been a member of the New Jersey Bar since 1996. Prior to coming to Florida, Michael was the principal of his own solo practice in Frenchtown, New Jersey. In 2005, he submitted an amicus curae brief in the landmark U.S. Supreme Court medical marijuana case, Ascroft v. Raich. Since 2007 he has focused on community association law with a concentration in community association litigation.


 

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