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

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

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

Last Chance: Fountain & Aeration Deal of the Year! by SOLitude Lake Management

Last Chance: Fountain & Aeration Deal of the Year! by SOLitude Lake Management

  • Posted: Dec 02, 2020
  • By:
  • Comments: Comments Off on Last Chance: Fountain & Aeration Deal of the Year! by SOLitude Lake Management

Last Chance: Fountain & Aeration Deal of the Year!

by SOLitude Lake Management

The holiday season is here. Treat your lake or pond to a new fountain or aeration system! After this difficult year, both you and your waterbody deserve a fresh start. Purchase a new fountain or aeration system and receive FREE installation before 12/31*. This is your last opportunity to save up to $700! 

*Free basic installation, or $700 off installation, with purchase of new fountain or aeration system. Installation date must be prior to 12/31/20.

Secure my Savings Today

 


SOLitude Lake Management has a new Business Development Consultant in Florida! 

SOLitude Lake Management is committed to providing full-service lake and pond management solutions that improve water quality, preserve natural resources, and reduce our environmental footprint.

Our services include lake, pond, wetland and fisheries management programs, algae and aquatic weed control, mechanical harvesting, hydro-raking, installation and maintenance of fountains and aeration systems, water quality testing and restoration, bathymetry, lake vegetation studies, biological assessments, habitat assessments, invasive species management and nuisance wildlife management.

 

Josh McGarry
Business Development Consultant
SOLitude Lake Management
Info@solitudelake.com
(888)480-5253

Tags: , ,
WHEN THE PRESIDENT THINKS THEY’RE THE KING  By Eric Glazer, Esq.

WHEN THE PRESIDENT THINKS THEY’RE THE KING By Eric Glazer, Esq.

  • Posted: Nov 30, 2020
  • By:
  • Comments: Comments Off on WHEN THE PRESIDENT THINKS THEY’RE THE KING By Eric Glazer, Esq.

WHEN THE PRESIDENT THINKS THEY’RE THE KING

By Eric Glazer, Esq.

So all this talk about the Presidency lately has got me thinking about an issue that comes up every week in my practice for the past 30 years or so. I get a call from someone on a Board of Directors. And they tell me that they have a President on the Board who is a real dictator. He or she doesn’t listen to any other board member, makes decisions on their own, signs contracts, sets policy, hires and fires people — all without input from the other board members. Again – I get calls like this once a week at least.

So does the president of a board have any power above and beyond other board members, or are they simply on par with the other board members?

Well……….let’s look at some arbitration decisions……(A single director has no power to act in a representative capacity for the corporation on matters for which a vote of the directors is required.); June Katchen and Lawrence Katchen v. Braemer Isle Condominium Association, Inc., Arb. Case No. 98-5485, Final Order (August 5, 1999) (Association president, acting alone, did not have the authority to act for the board and bind the association).

In point of fact, an association president has no greater authority than any other member of the board. See Aldrich v. Tahitian Gardens Condominium Association, Inc., Arb. Case No. 96-0472, Summary Final Order (May 22, 1997). The president has no power to take action on behalf of the association in the absence of a specific order or resolution of a majority of the board.

Your bylaws may allow the President to chair the meetings and sign contracts that have already been approved by the board, but that’s about it.

So while it’s clear that a president has no greater authority than any other director, suppose that president doesn’t stop acting like a dictator? What should the board do? Well remember, the officers of the Board serve at the pleasure of the Board of Directors. The Board always has the right to call a new Board meeting / organizational meeting — and remove that person as President. No big deal. But even if they remove that person as president – that person still remains as a member of the board. The unit owners can have a recall and remove that person completely from the Board – but the Directors can very easily remove that person from the President’s spot — and then hopefully – problem solved.

I have to say that I’m still surprised by some of these calls and how one person can sometimes bully a whole board or even a whole community. Why don’t people fight back with simply removing that person from the Presidency?

Tags: ,
All in One System for Entry Gates, Garages and Pools…..

All in One System for Entry Gates, Garages and Pools…..

  • Posted: Nov 26, 2020
  • By:
  • Comments: Comments Off on All in One System for Entry Gates, Garages and Pools…..

Smart Entry Systems

(626) 213-7557

 

  • Create temporary guest codes for pre-authorized visitors using the phone app.
  • Conveniently manage your property with a browser from anywhere with Internet access.
  • Accept deliveries from any shipper, residents can collect packages 24/7. Mix and match from 9, 6, or 4 door models to suit your community.
  • Eliminate coins from communal washers, dryers, electric car charging stations, short term rentals of conference and party rooms.

 

How it works?

Watch this one minute video of the different access methods.

 

 

 

Tags: , ,
Nothing better than a sunny day and a newly sealed and striped parking lot! by Atlantic Southern Paving and Sealcoating

Nothing better than a sunny day and a newly sealed and striped parking lot! by Atlantic Southern Paving and Sealcoating

  • Posted: Nov 23, 2020
  • By:
  • Comments: Comments Off on Nothing better than a sunny day and a newly sealed and striped parking lot! by Atlantic Southern Paving and Sealcoating

Nothing better than a sunny day and a newly sealed and striped parking lot!

by Atlantic Southern Paving and Sealcoating

Our #ASPCrew sealcoated, striped and completed asphalt repairs on this corporate office parking lot in Boca Raton, Florida!

Contact us today for any of your parking lot needs by calling us at 1-833-PAVE-ASP or head to www.PaveWithASP.com!

 


ATLANTIC SOUTHERN PAVING & SEALCOATING

Southeast FL  954-518-4315

Southwest FL  239-234-2155

Central FL  321-408-5010

Provides pavement maintenance & construction services. From idea or blueprint to finished surface we offer all facets of new paving installation.

Atlantic Southern Paving & Sealcoating From idea or blueprint to finished surface, we offer all facets of new paving installation. Our crews have the technical expertise to perform these tasks to the standards set by local, state and federal requirements. This expertise allows us to pass inspections the first time so that your project can stay on schedule.

Atlantic Southern Paving & Sealcoating provides pavement maintenance & construction services to Florida for over 30 years. The solid foundation that Michael “Mickey” Curry started in 1992 employing the best people, using the best products and providing what the customer needs with a competitive pricing has enable Atlantic Southern to continue to thrive.

 

Tags: , ,
THERE ARE THINGS TO STILL BE THANKFUL FOR  By Eric Glazer, Esq.

THERE ARE THINGS TO STILL BE THANKFUL FOR By Eric Glazer, Esq.

  • Posted: Nov 23, 2020
  • By:
  • Comments: Comments Off on THERE ARE THINGS TO STILL BE THANKFUL FOR By Eric Glazer, Esq.

THERE ARE THINGS TO STILL BE THANKFUL FOR

By Eric Glazer, Esq.

I wrote this blog last year.  I’m using it again because for many of us, and perhaps almost all of us, we are in the middle of the most difficult year of our lives. Nobody could have predicted the disaster that has been 2020 on a world-wide scale.  So –I’m running the column again, hoping to challenge all of us into thinking about the positives that still remain in our lives and I’m hoping that your words of inspiration help inspire and cheer up all of us.

 

In three days from now we are supposed to sit around the table stuffing turkey down our throats while reflecting on all the things we should be thankful for.  The easy ones are family and good health.  Some might also be thankful for a new job, new car, new spouse or even new body part(s).  How many of you however would be thankful for the community and home you live in?

Week after week, throughout the year, many of you write in complaining that there isn’t much to be thankful for in your community.  While you may be sincere in your belief you’re your community is worse than North Korea and that your association should be named after Alcatraz, I also believe that if given enough time to think about it and come up with an answer, you can come up with at least one thing to be thankful for about the community you live in.

So, in the spirit of the Thanksgiving holiday, I am politely asking you to dig down, way down.  Keep going.  A little more…….and find something to be thankful for in your community.  Perhaps you’re only thankful that someone other than yourself is crazy enough to serve on your Board.  Maybe you’re thankful for a wonderful neighbor you have.  Perhaps you’re thankful about the wonderful amenities your association has to offer, like the clubhouse and the swimming pool.  Maybe, just maybe you’re thankful for the good work your Board is doing.

Today, you must come up with something nice to say.  It’s easy to participate when the topic allows you to attack.  Today, I’m asking you to work harder and say a few nice words about your community, your neighbors or dare I say it…….your Board.

To all of our wonderful blog readers and your families, I wish you a happy and healthy Thanksgiving holiday.  Now….Be nice.

 

Glazer & Sachs, P.A.

Florida Homeowners’ Association and Condominium Law Attorneys

 

Thank you for your interest in Glazer and Sachs, P.A.  Our six attorney firm exclusively practices community association law.  Visit our website located at www.condo-laws.com and be sure to click on our “Legal Beat” newsletter where you can read our association law newsletters that we have been publishing for the past two decades.  While there, you can also learn more about the firm’s attorneys, see some of our TV appearances and read articles from around the country wherein attorneys at this firm have been asked to comment about association legal issues.

 

 

 

 

Tags: , ,
Why A Specialized Collections Company Makes Sense for Your Community Association by Axela

Why A Specialized Collections Company Makes Sense for Your Community Association by Axela

  • Posted: Nov 19, 2020
  • By:
  • Comments: Comments Off on Why A Specialized Collections Company Makes Sense for Your Community Association by Axela

Is a Specialized Collections Company Right for Your Association?

Is your Condo or HOA tired of paying lawyers thousands of dollars to recover hundreds of dollars, less, or even nothing. Well, it’s time to think out of the box and let professional collectors recover that money for you.

by Mitch Drimmer /Axela Technologies

In good times or bad times, community associations (Condos and HOAs) will experience some level of delinquencies that affect the entire association. As a not for profit business your association depends on timely payments every pay period to maintain services to members of the association.  Failure to effectively act on a delinquent account does a disservice to the community and to the delinquent member as well.  By allowing a member to sink deeper and deeper in debt, the association only makes it more difficult for them to remedy their problem.  Engaging a Legal Process (sending the file to your community association attorney) the association may just be incurring additional expenses that eventually will be paid for by the good-paying owners.

Often HOA boards of directors are reluctant to migrate their delinquencies to collection agencies from their community association attorney. This article looks at the key benefits and concerns regarding collection agencies for community associations, examines the current state of collections, and helps associations understand why a specialized collection agency for community associations offers tremendous opportunity to collect their money at very no cost and no risk.

 

The Promise of a Specialized Collections Company

Almost every community association looks towards their community association attorney to manage their delinquencies. Yet community association attorneys are not prepared to do the work necessary to effectuate collections (outbound callscredit reportingskip tracing, dedicated inbound call center), and the costs are usually beyond what they recover.  Collection agencies have traditionally been performance-based and will collect their fees and costs only upon a successful collection event.  Collection agencies are concerned with only one aspect of business and that is the successful and cost-effective recovery of maintenance fees and other charges that may appear on the ledger (fines & violations, special assessments).

Operational Excellence and Reporting

The most important feature of an enterprise-level collections solution is its ability to communicate with delinquent owners.  Both inbound calls and outbound calls must be managed by highly trained and accredited specialists. When seeking out a collections company for your HOA ask if there is a dedicated portal for delinquent owners to resolve their issues. Boards of Directors and their management companies need to have access to clear and legible reporting.  Payment applications must be handled according to governing documents and state statutes. Strict compliance with Federal and State consumer rules and regulations is imperative.

Cost Savings

Community Association law firms require payment regardless of the outcome of the file. These costs often are beyond the amounts recovered.  Collection Agencies are merit-based and are only paid upon a successful collection effort.  In the specialized field of collections for community associations boards of directors should not, and in some cases, cannot allow any portion of their maintenance fees to be allocated as boards must be faithful to their association’s budget.  Fees and costs of collections should be charged and passed through to delinquent owners, and in the case of an unsuccessful collection effort these fees should not become the burden of the association (including costs for filing a lien)

 

Concerns Regarding Collection Agencies

It’s easy to see why these key features are the motivators for moving your collections to a specialized collections company and away from a community association attorney.  Yet, many boards of directors are reluctant to change what they have traditionally done in the past, and of course, they will be advised by their own counsel not to remove a collection file from their firms.

FDCPA, TCPA, & FCRA Compliance

Any vendor who performs services for a community association must have the proper insurance to protect the association from liability.  Violations of consumer protection laws should be a great concern.

  • Know and be in compliant with Federal and State Regulations.
  • Report delinquencies to credit bureaus in compliance with the FCRA.
  • Ensure all telephone calls are following TCPA regulations.

A community association must perform their due diligence and be sure that their collection agency is not only bonded but properly insured.  Associations should also be concerned that the customer service representatives of the collection agency are professionally trained and have designations from collection industry trade organizations such as ACA (The Association of Credit and Collection Professionals).

Statutes & Governing Documents (CC&Rs)

Of significant concern to community associations should be a collection agency’s adherence to governing documents and state statutes that relate to condos and HOAs.  Payment application, timelines, statutory compliance to the lien process, and notification are of paramount concern to community associations, especially regarding collections.  Zero defect execution of the collections process must be the standard practice. Collection agencies need to:

  • Perform flawless underwriting of each ledger.
  • Verify property ownership.
  • Impeccably review governing documents and by-laws and understand the state statutes where they are doing collections.

 

Conclusion

With increased scrutiny of the collection industry, it is more important than ever for community associations to engage the right company with the most sophisticated technology that can support their missions.  They should:

  • Compare and document standards, guarantees, and performance levels to ensure that prospective collection agencies are truly best-in-class solution providers.
  • Ask for collection agency references and connect with these references to get a true feel for the providers’ service, product and

It is also imperative that community associations increase efficiency, transparency, and reporting to members of the community.  Collection Agencies that specialize in working with community associations are the best way to go.  The right collection agency just makes sense for communities – Do not allow delinquencies to erode your community.

About Axela Technologies

Axela Technologies is a licensed collection agency exclusively serving community associations in the United States.  Axela Technologies realizes that in the field of collections, community associations have been an under-served industry.  By offering their core product Easy Collect ™ to community associations Axela Technologies has recovered millions of dollars that community associations might have otherwise written off. Give Axela a call today and get a free no-obligation collections analysis today to see if a specialized collections company is right for your association.


 

Axela-Technologies

Axela leverages technology to substantially reduce the delinquency rate in your community associations by increasing efficiency

We Make the Collection Process Efficient

 

 

Tags: , ,
5 Surprising Ways to Prolong Your Pond’s Retirement By SOLitude Lake Management

5 Surprising Ways to Prolong Your Pond’s Retirement By SOLitude Lake Management

  • Posted: Nov 19, 2020
  • By:
  • Comments: Comments Off on 5 Surprising Ways to Prolong Your Pond’s Retirement By SOLitude Lake Management

5 Surprising Ways to Prolong Your Pond’s Retirement

By SOLitude Lake Management, Nov 19, 2020

AS SEEN IN National Community Association Institute’s (CAI) publication, Common Ground

The very first fish I remember catching was a bullhead catfish. It was in a small pond in my grandparents’ HOA community that is still there today. Well, sort of. Though the pond had once been deep enough for fishing and stormwater collection, its depth is now best measured in inches rather than feet. The cattails that were once clustered near the outflow are now abundant throughout the pond. Today, the waterbody resembles the nearby wetland more than it does a pond. In the 55 years of its existence, no measures have ever been taken to mitigate against the natural process of succession.

Lake and pond succession is the natural lifecycle of any waterbody. The very tributaries that supply a waterbody with its water also carry sediment, which over time accumulates and decreases the water depth. Aquatic weeds and nuisance vegetation decompose and create additional organic sediment. And the shallower the pond becomes, the more vegetation it produces—accelerating the aging process.

Read more »

Tags: , ,
Learn more about Contactless Solutions for your Communities. This Webinar is on November 24rth at Noon. by IdentyTech Solutions

Learn more about Contactless Solutions for your Communities. This Webinar is on November 24rth at Noon. by IdentyTech Solutions

  • Posted: Nov 17, 2020
  • By:
  • Comments: Comments Off on Learn more about Contactless Solutions for your Communities. This Webinar is on November 24rth at Noon. by IdentyTech Solutions

Learn more about Contactless Solutions for your Communities.

This Webinar is on November 24th at Noon.

You can use this link to register today!

Learn more about Contactless Solutions for your Communities. This Webinar is on November 24rth at Noon. (12:00) Watch and Learn, Ask Questions #SfpmaMembers


iDENTYTECH Solutions America, Inc.

iDentyTech is a leading provider of intuitive Identity management products and solutions. Founded in 2010 IdentyTech™ provides its worldwide customers with best-in- class complete identity management solutions. We further offer custom engineered solutions for those customers requiring proprietary solutions. IdentyTech has field proven solutions for Corporate Enterprise, government and Financial services, healthcare, schools, Transportation, Small Medium businesses and many others.

View our SFPMA Listing on the Members Directory.

 

Tags: ,
Our team of licensed and insured contractors and engineers can assist you with making sure your building is ready for 40 Year inspections!

Our team of licensed and insured contractors and engineers can assist you with making sure your building is ready for 40 Year inspections!

  • Posted: Nov 17, 2020
  • By:
  • Comments: Comments Off on Our team of licensed and insured contractors and engineers can assist you with making sure your building is ready for 40 Year inspections!
You may be asking yourself, why did I receive that letter?
When a building is over 40 years old, you are required to have a structural and electrical safety inspection every ten years after; for the possibilities of future building failures being minimal and to be prepared for hurricane-force winds.
Our team of licensed and insured contractors and engineers can assist you with making sure your building is ready for inspections by making sure your structure is safe.

Aruba Permit Services resolves code enforcement issues and permits, promptly and at reasonable price in both residential and commercial properties. Our company focuses on solving issues within the permitting process such as illegal work or reactivating expired permits. We are the leading professionals in the South Florida area including Broward County, Palm Beach County and Miami-Dade County.

Aruba Construction is the parent company of Aruba Permit Services, which is a licensed general contractor. We can perform all corrective work required to bring construction up to current Florida Building Codes. Our team takes pride in following through until the code violation case is closed and the building permits are up to date. With Aruba Permit Services you will have no doubt that we will make sure your property will be in compliance.

Aruba Services
Contact info: (954)-786-7292
Location: 1413 S. Powerline Road Pompano Beach, FL 33069
Tags: ,
Katzman Chandler: Two Great Webinars SCREENING POTENTIAL BUYERS AND RENTERS & Questions and Answers.

Katzman Chandler: Two Great Webinars SCREENING POTENTIAL BUYERS AND RENTERS & Questions and Answers.

  • Posted: Nov 16, 2020
  • By:
  • Comments: Comments Off on Katzman Chandler: Two Great Webinars SCREENING POTENTIAL BUYERS AND RENTERS & Questions and Answers.

Katzman Chandler: Two Great Webinars SCREENING POTENTIAL BUYERS AND RENTERS & Questions and Answers.

SCREENING POTENTIAL BUYERS AND RENTERS

by: Katzman Chandler

Date: Wednesday, November 18, 2020
Time: 1:00 pm
Location: Online Event via, Zoom

Learn what you need to know about the screening and approval process in a Community Association, including Fair Housing issues, credit and background checks, estoppels, right of first refusal, and more!

 

Q & A SESSION FOR SCREENING POTENTIAL BUYERS AND RENTERS

by: Katzman Chandler

Date: Thursday, November 19, 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 Screening Buyers and Renters.

 

Tags:
Election Webinar: Condominiums, Homeowners’ Associations and Cooperatives by KBRLegal 

Election Webinar: Condominiums, Homeowners’ Associations and Cooperatives by KBRLegal 

  • Posted: Nov 16, 2020
  • By:
  • Comments: Comments Off on Election Webinar: Condominiums, Homeowners’ Associations and Cooperatives by KBRLegal 

Elections: Condominiums, Homeowners’ Associations and Cooperatives

by KBRLegal 

Join attorney Allison L. Hertz for a one-hour webinar addressing election law and procedures for condominiums, cooperatives and homeowners associations, including, eligibility requirements and terms of directors, best practices for remote meetings, vacancies between elections, and election disputes.

Course # 9630571 | Provider # 0005095 | 1 CE in OPP or ELE
Instructor: Allison L. Hertz, Esq., B.C.S.

Nov 18, 2020 11:00 AM in Eastern Time (US and Canada)

Register Now

 

Tags: , ,