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Exclusive Year-End Savings On Fountains & Aeration by SOLitude

Exclusive Year-End Savings On Fountains & Aeration by SOLitude

  • Posted: Oct 15, 2020
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Exclusive Year-End Savings On Fountains & Aeration

by SOLitude

For most of us, 2020 has been rough and next year can’t come soon enough. As a small way of helping out, we are pleased to offer some year-end savings to our loyal clients and followers. Purchase any new fountain or aeration system and receive FREE installation services*. Contact us today to maximize your savings!

Receive FREE basic installation, or $700 off installation, with purchase of a new fountain or aeration system. Offer is valid for contracts signed after 10/14/20. Installation date must be prior to 12/31/20.

 

Contact us Today for Savings before the years end!

 

 

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2020 Florida Constitutional Amendments by KBR Legal

2020 Florida Constitutional Amendments by KBR Legal

  • Posted: Oct 15, 2020
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2020 Florida Constitutional Amendments

What You Need To Know Before Voting 

When voters go to the polls on November 3, 2020, there will be six constitutional amendment proposals on the ballot. This article contains a brief discussion of the amendments. In order to adopt each amendment, it must be approved by 60% of voters casting a ballot. We take no position on any of the amendments, and simply wish to provide our readers with a summary of each proposed amendment. The ballot title and summary of each amendment, as same will be listed on the ballot, is provided, and a brief explanation follows.

 

 

Amendment 1Citizenship Requirement to Vote in Florida Elections

This amendment provides that only United States Citizens who are at least eighteen years of age, a permanent resident of Florida, and registered to vote, as provided by law, shall be qualified to vote in a Florida election. Because the proposed amendment is not expected to result in any changes to the voter registration process in Florida, it will have no impact on state or local government costs or revenue. Further, it will have no effect on the state’s economy.

 

Discussion:

Amendment 1 amends the language of Article VI of the Florida Constitution. Currently, Article VI provides that “Every citizen of the United States who is at least eighteen years of age and who is a permanent resident of the state, if registered as provided by law, shall be an elector of the county where registered.” This amendment revises the language of Article VI to provide that “Only a citizen of the United States…” can vote. As currently drafted, the language of Article VI bars non-citizens from voting.

  • Proponents argue that the language change is necessary to clarify who is not permitted to vote, and to stimy any efforts to give voting rights to non-citizens in local elections.
  • Opponents argue that the amendment is unnecessary as the language of Article VI of the Florida Constitution already limits voting to citizens.

 


Amendment 2: Raising Florida’s Minimum Wage

Raises minimum wage to $10.00 per hour effective September 30th, 2021. Each September 30th thereafter, minimum wage shall increase by $1.00 per hour until the minimum wage reaches $15.00 per hour on September 30th, 2026. From that point forward, future minimum wage increases shall revert to being adjusted annually for inflation starting September 30th, 2027. State and local government costs will increase to comply with the new minimum wage levels. Additional annual wage costs will be approximately $16 million in 2022, increasing to about $540 million in 2027 and thereafter. Government actions to mitigate these costs are unlikely to produce material savings. Other government costs and revenue impacts, both positive and negative, are not quantifiable.

 

THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO HAVE A NET NEGATIVE IMPACT ON THE STATE BUDGET. THIS IMPACT MAY RESULT IN HIGHER TAXES OR A LOSS OF GOVERNMENT SERVICES IN ORDER TO MAINTAIN A BALANCED STATE BUDGET AS REQUIRED BY THE CONSTITUTION.

 

Discussion:

Amendment 2 would increase Florida’s minimum wage to $15.00 per hour by September 2026. Currently, Florida’s minimum wage is $8.56 per hour. The amendment proposes to increase the minimum wage to $10.00 per hour in September 2021 with an increase of $1.00 per hour each year until the minimum wage becomes $15.00 per hour in September 2026. Thereafter, the minimum wage will be adjusted annually for inflation.

  • Proponents argue that the increased minimum wage will allow minimum wage workers to earn enough to afford basic household necessities, and help to reduce race and gender income inequality. They also point to a potential increase in economic activity by increased household spending.
  • Opponents argue that an increase in labor costs would likely be passed on to the customers which would lead to an increase in the cost of living. They argue that a minimum wage increase would impact state and local governments with increased wage costs of $16 million in 20212 and $540 million in 2027. They point to a 2019 Congressional Budget Office analysis looking at the potential impact of raising the federal minimum wage which predicted a .8% drop in employment and reduced business income.

 


Amendment 3: All Voters Vote in Primary Elections for State Legislature, Governor, and Cabinet

Allows all registered voters to vote in primaries for state legislature, governor, and cabinet regardless of political party affiliation. All candidates for an office, including party nominated candidates, appear on the same primary ballot. Two highest vote getters advance to general election. If only two candidates qualify, no primary is held and winner is determined in general election. Candidate’s party affiliation may appear on ballot as provided by law. Effective January 1, 2024. It is probable that the proposed amendment will result in additional local government costs to conduct elections in Florida. The Financial Impact Estimating Conference projects that the combined costs across counties will range from $5.2 million to $5.8 million for each of the first three election cycles occurring in even-numbered years after the amendment’s effective date, with the costs for each of the intervening years dropping to less than $450,000. With respect to state costs for oversight, the additional costs for administering elections are expected to be minimal. Further, there are no revenues linked to voting in Florida. Since there is no impact on state costs or revenues, there will be no impact on the state’s budget. While the proposed amendment will result in an increase in local expenditures, this change is expected to be below the threshold that would produce a statewide economic impact.

 

Discussion:

Currently, Florida is a closed primary state, meaning that voters can only vote in the primary of the party with which they are affiliated. Amendment 3 would replace closed primaries with open primaries for the following elections: Governor, State Cabinet, and Florida Legislature. In an open primary all voters vote for all candidates on a single ballot. The top two vote getters, regardless of party affiliation, would advance to the general election. This change would only apply to the enumerated elections, and would not apply to local or federal races.

  • Proponents argue that open primaries would help increase voter participation by allowing registered voters not affiliated with a major political party to participate in primary elections. They also argue it could help produce more competitive races and attract more moderate candidate to run for state offices.
  • Opponents argue that open primaries could result in two members of a major political party being on the general ballot. Additionally, opponents argue that closed primaries ensure that candidates conform more closely and consistently with positions held by the two major political parties.

 


Amendment 4: Voter Approval of Constitutional Amendments

Requires all proposed amendments or revisions to the State Constitution to be approved by the voters in two elections, instead of one, in order to take effect. The proposal applies the current thresholds for passage to each of the two elections. It is probable that the proposed amendment will result in additional state and local government costs to conduct elections in Florida. Overall, these costs will vary from election cycle to election cycle depending on the unique circumstances of each ballot and cannot be estimated at this time. The key factors determining cost include the number of amendments appearing for the second time on each ballot and the length of those amendments. Since the maximum state cost is likely less than $1 million per cycle but the impact cannot be discretely quantified, the change to the state’s budget is unknown. Similarly, the economic impact cannot be modelled, although the spending increase is expected to be below the threshold that would produce a statewide economic impact. Because there are no revenues linked to voting in Florida, there will be no impact on government taxes or fees.

 

THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES SURROUNDING THE AMENDMENT’S IMPACT.

 

Discussion:

Amendment 4 would change the requirements to approve a constitutional amendment. Currently, a constitutional amendment is adopted if it is approved by 60% of the voters casting a ballot. Amendment 4 would require an amendment to be approved by at least 60% of the voters in two consecutive election cycles. In other words, a proposed amendment would have to be approved twice.

  • Proponents argue that requiring double approval would limit “legislating” by constitutional amendment by making it harder to adopt amendments to the Florida Constitution.
  • Opponents argue that it will limit voters’ ability to amend the constitution and to act as a check on the Florida Legislature when it fails to pass laws that are important to citizens.

 


Amendment 5: Limitations on Homestead Property Tax Assessments; increase portability period to transfer accrued benefit

Proposing an amendment to the State Constitution, effective January 1, 2021, to increase, from 2 years to 3 years, the period of time during which accrued Save-Our-Homes benefits may be transferred from a prior homestead to a new homestead.

 

Discussion:

Amendment 5 increases the amount of time property owners have to transfer the “Save Our Homes” property tax exemption when they move. Currently, property owners have two years to transfer their tax exemption when they move. Amendment 5 would extend that to three years effective January 1, 2021.

  • Proponents argue that, as the tax year starts on January 1, owners who sell later in the year end up with less time to transfer their tax benefit than owners who sell earlier in the year. They argue that extending the exemption to three years allows more Floridians to take advantage of the transfer.
  • Opponents argue that the amendment would reduce local property taxes, including a reduction of $1.8 million in fiscal year 2021-2022.

 


Amendment 6: Ad Velorem Tax Discount for Spouses of Certain Deceased Veterans Who Had Permanent, Combat-Related Disabilities

Provides that the homestead property tax discount for certain veterans with permanent combat-related disabilities carries over to such veteran’s surviving spouse who holds legal or beneficial title to, and who permanently resides on, the homestead property, until he or she remarries or sells or otherwise disposes of the property. The discount may be transferred to a new homestead property of the surviving spouse under certain conditions. The amendment takes effect January 1, 2021.

 

Discussion:

Under current law, honorably discharged, combat disabled veterans who are over 65 are eligible for a homestead property tax discount. However, the discount expires upon the death of the veteran. Amendment 6 would allow the homestead property discount to be transferred to the veteran’s surviving spouse who is on the title and lives in the home.

  • Proponents argue that the amendment would extend additional tax relief to assist surviving spouses who often live on fixed incomes.
  • Opponents argue that the tax discount will lead to a reduction in tax revenue including a reduction in school tax revenue by $1.6 million annually and non-school property tax revenue by $2.4 million annually.

 

A special Thank You to attorney Olivia Cato of our firm for preparing this article

 

 

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Association Publication of Deadbeat List & Third-Party Purchaser Assessment Liability: by KBRLegal.com

Association Publication of Deadbeat List & Third-Party Purchaser Assessment Liability: by KBRLegal.com

  • Posted: Oct 15, 2020
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Association Publication of Deadbeat List & Third-Party Purchaser Assessment Liability: 

by KBRLegal.com

 

Association Publication of Deadbeat List & Third-Party Purchaser Assessment Liability: 

Two New Cases Board Members and Managers Need to Know About


 

CASE No. 1: On June 12, 2020, the Florida’s Fifth District Court of Appeal (“5th DCA”) entered its opinion in Latheresa Williams, On Behalf Of Herself And All Others Similarly Situated v. Salt Springs Resort Association, Inc., and Bosshardt Property Management, LLC., Case No. 5D18-3913 (Fla. 5th DCA 2020), The holding of this case echoes advice I have all too often provided to board members and managers to NOT publish what is commonly referred to as a “deadbeat list.” This type of list is posted in the community and identifies each debtor’s name and sometimes the assessment balance past due, too. No good ever comes from publication of such a list. In fact, the Florida Consumer Collection Practices Act (the “FCCPA”) forbids it if such publication of the deadbeat list is to harass and/or annoy the debtor.

 

More specifically, section 559.72, Florida Statutes, provides in relevant part that “[i]n collecting consumer debts, no person shall… [p]ublish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts.”

 

In this case, the plaintiff was seeking class action status for all others similarly treated. This could lead to tremendous liability should discovery later evidence that the association and/or its management company regularly published deadbeat lists. At trial, the court had granted a motion to dismiss filed by the association based on a prior case, Bryan v. Clayton, also a 5th DCA case dating back to 1977 where the Court held that maintenance assessments were not “debts” for purposes of the FCCPA. In order to re-consider the prior Bryan decision, all of the 5th DCA sitting appellate judges participated in the Williams case, a process legally known as an “En Banc” style of review.

 

The Court in Williams took note that the FCCPA is designed to protect consumers and does not limit unlawful activities only to “debt collectors,” but rather to “all persons” involved in the collection of a debt. By way of contrast, the Federal Fair Debt Collection Practices Act (FFDCPA) applies only to debt collectors, which excludes the association and arguably its management company, and not to “all persons” involved in the collection of a debt, as in the FCCPA.

 

Under the prior Bryan holding, a past due assessment obligation was not even considered a “debt” for purposes of the FCCPA and the FFDCPA. In the recent Williams case, the Court went to great lengths to explain that, in fact, an association assessment obligation “is a debt which arose out of an obligation by a consumer out of a money, property, insurance or services transaction which is primarily for personal, family, or household purposes” and is therefore subject to FCCPA.

 

Thus, the Court remanded the case back to the trial court for further proceedings. While, its unknown how the plaintiff’s attempt for a class action certification will resolve, it is extremely likely that one or more defendants will be found to have violated the FCCPA for having published the “deadbeat list.” The takeaway from the Williams case is to never, ever publish a list of association debtors. This does not at all mean that the board cannot be provided a list of those members delinquent in their assessment obligations. However, it does mean such a list should not be made readily available to the membership by posting or mailing, etc.

 

 

CASE No. 2: On May 20, 2020, Florida’s Third District Court of Appeal entered its opinion in Old Cutler Lakes by the Bay Community Association, Inc. v. SRP SUB, LLC, Case No. 3D19-528 (Fla. 3d DCA 2020) regarding the liability of a third-party purchaser at a mortgage foreclosure sale for assessments that came due prior to the third-party acquiring title to the property. The Court’s holding in this case is in line with its prior holding in the case of Beacon Hill Homeowners Association, Inc. v. Colfin Ah-Florida 7, LLC, 221 So. 3d 710 (Fla. 3d DCA 2017), which based its decision on the landmark case decided by Florida’s Fourth District Court of Appeal in Pudlit 2 Joint Venture, LLP v. Westwood Gardens Homeowners Association, Inc., 169 So.3d 145 (Fla. 4th DCA 2015).

 

In the Old Cutler Lakes case, SRP SUB, LLC (“SRP”) was the successful bidder at a foreclosure sale on a first mortgage held by Wells Fargo. After obtaining title by a certificate of title, SRP filed an action for declaratory relief seeking a determination as to its liability for assessments that accrued prior to the issuance of the certificate of title. In relevant part, the Declaration of Covenant and Restrictions of Old Cutler Lakes by the Bay (“Declaration”) provided the following:

 

The sale or transfer of any Lot pursuant to the foreclosure or any proceeding in lieu thereof of a first mortgage meeting the above qualifications, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.

 

This language is similar to the language contained in the declarations in the Beacon Hill and Pudlit 2 cases. In these cases, the courts applied a constitutional principal prohibiting the impairment of contracts in deciding that the statutory safe harbor did not control over the provisions of the declarations where the statute did not require such application and the declarations did not contain “Kaufman” language, which has the effect of making amendments to the Florida Statutes automatically applicable to a declaration as they are “amended from time to time.” As the provisions of the declarations expressly created rights for third-party purchasers, the third-party purchasers are “intended third-party beneficiaries” to such provisions which rights cannot be impaired pursuant to the constitutional principal prohibiting the impairment of contracts. In following the holdings of the Beacon Hill and Pudlit 2 cases, SRP was found not liable for any of the past due assessments that accrued prior to the issuance of the certificate of title. Thus, as with many declarations which have not been amended since their creation by the community’s developer, these, as yet to be amended, declarations may provide for a complete wipe out of all assessments that accrued prior to the transfer of title as a result of a mortgage foreclosure action or by deed in lieu of foreclosure.

 

The takeaway from the cases discussed above emphasizes the importance of reviewing and updating the association’s declaration, with the guidance of your association’s legal counsel, to ensure that it provides for necessary and available protections for the association and its members, including the use of “Kaufman” language, if appropriate to collect as much overdue assessment revenue as possible.


Rembaum’s Association Roundup  The community association legal news that you can use!

Kaye Bender Rembaum is a full service commercial law firm devoted to the representation of community associations throughout Florida. Under the direction of attorneys Robert L. Kaye, Esq.Michael S. Bender, Esq., and Jeffrey A. Rembaum, Esq., Kaye Bender Rembaum is dedicated to providing clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns. We have offices in Broward County (Pompano Beach), Palm Beach County (Palm Beach Gardens), (Hillsborough County) Tampa, and office locations in Miami-Dade County by appointment.

Read More

 

 

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Home Fire Prevention Week –  “Home fire sprinkler system’s can save lives and property”.

Home Fire Prevention Week – “Home fire sprinkler system’s can save lives and property”.

  • Posted: Oct 08, 2020
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Home fire sprinkler system’s can save lives and property.

Home Fire Prevention Week

 

The public observance of Fire Prevention Week. In 1925, President Calvin Coolidge proclaimed Fire Prevention Week a national observance, making it the longest-running public health observance in our country. During Fire Prevention Week, children, adults, and teachers learn how to stay safe in case of a fire. Firefighters provide lifesaving public education in an effort to drastically decrease casualties caused by fires.

Fire Prevention Week is observed each year during the week of October 9th in commemoration of the Great Chicago Fire, which began on October 8, 1871, and caused devastating damage. This horrific conflagration killed more than 250 people, left 100,000 homeless, destroyed more than 17,400 structures, and burned more than 2,000 acres of land.

 

Why firesprinklers?   • save lives/reduce injuries   • protect property   • reduce impact of fire on environment   • reduce business interruption   • reduce risk to firefighters   • increase community resilience
• preserve heritage   THAT’s why!


 

Today’s theme is “Fire is Fast”. Very few people realize how fast a home fire grows. Check out this 1 minute video which shows how a home fire sprinkler system can save lives and property.

https://youtu.be/cnzPFi_EGjU

 


 

During the COVID-19 crisis, recent news reports have shown a correlation between stay-at-home mandates and an increase in home cooking fires. The NFPA and HFSC say this trend emphasizes the importance of the need to educate about fire safety, the organizations said in a press release.

The organizations noted that fire sprinklers can help eliminate home fire deaths, but that legislative barriers and a general unawareness of the technology have prevented its use in new homes.

The Fire Sprinkler Initiative, a project of the NFPA and the HFSC, is co-hosting Home Fire Sprinkler Week, a North America-wide virtual effort to show the value of home fire sprinklers from May 17-23.

“Previously, public demonstrations to show the speed of home fires and the powerful protection of home fire sprinklers were the centerpiece of this week, attracting large crowds all over the country,” NFPA Vice President of Outreach and Advocacy and HFSC President Lorraine Carli said in a statement. “But life is very different today with the fire service at the front lines of the COVID-19 pandemic. And as public gatherings are inadvisable, this year we are acknowledging social distancing and simplifying fire service participation by providing a varied digital platform to flood the Internet with facts and messages of life safety.”

Throughout the week, fire departments and other public safety advocates across the U.S. can access digital content at the Home Fire Sprinkler Week Website and encourage their audiences to read and share daily messaging. The NFPA and HFSC will post home fire sprinkler videos, graphics and other information on their websites, through social media and via local news outlets.

*Each year, home fires cause eight of every 10 fire deaths and seven of 10 fire injuries, according to the NFPA, and fire sprinklers are proven to keep home fires small, preventing injuries, deaths and limiting property damage.

 

Members of SFPMA – Fire Alarms and Fire Sprinkler System Companies

 

Premier Fire Alarms and Integration Systems

Premier Fire Alarms & Integration Systems, Installation Division Inc. is dedicated to providing the most reliable systems and service in the alarm industry. Helping protect the lives and property of our customers is a responsibility we embrace and never take lightly. In every endeavor, we strive to satisfy our customers by meeting and exceeding their expectations.

Our Goals At Premier Fire Alarms & Integration Systems, Inc., we have high expectations of ourselves and we encourage our customers to have them too. For well over a decade, we have earned the trust of our customers through ingenuity, superior workmanship and responsiveness. Our continual effort to exceed current goals is your guarantee of superior performance and fulfillment of our commitments.

 

Premier Fire Alarm & Integration Systems, Installation Division Inc
EF license number: EC 13008323
430 Ansin Blvd Suite M
Hallandale, FL 330099
Call us: 954 404 7137

 


 

Southfire Systems

Complete Fire Alarm System Service, testing and inspection,  low-cost 24-7 UL Central Station alarm monitoring services.  

With over 15 years experience in the alarm servicing industry, we’ve seen our share of customer concerns. We fully understand that nobody wakes up in the morning and casually decides to install a fire alarm system in their home or business just to brighten everyones day! Usually, it is a mandatory requirement of local code enforcement and strict guidelines must be followed in order to fully comply with the criteria specified by those codes. As a property owner, it is your responsibility to maintain your life safety system in proper working condition at all times. We realize how this situation can often create major headaches and frustrations for people who would rather be devoting their time and energies to running their own businesses instead.

Southfire Systems

6187 NW 167th St. Suite H-13
Miami, FL 33015
305-558-6126
office@southfiresystems.com
EF2000635

 


 

BLACK FIRE PROTECTION, INC.

Experts in all components of your water-based fire protection systems including; fire sprinklers, fire pumps, standpipes, hoses, backflow prevention devices, and fire hydrants. We fulfill all of your design, installation, retrofit, repair, inspection, test, and maintenance needs.

Marcas Black – Vice President
3461 NW 75th TerraceLauderhill, Florida 33319Serving Broward, Miami-Dade,
and Palm Beach.

Phone: 954-741-4548
Fax: 954-999-5258
marcas@blackfireprotection.com

 


 

Advanced Fire & Security

Advanced Fire & Security, Inc. is State Licensed, Whether you are a Property Manager, Owner, Engineer or Electrical Contractor, our goal is to make your life easier by providing the best products and services available for our industry. With Advanced Fire & Security you’ll sleep better knowing that your property and tenants are protected 24 hours a day.

FIRE & SECURITY COMPANY

2701 Gateway Drive
Pompano Beach, FL 33069

Phone:  888-916-7474
Fax:  954-772-0500

 


 

Florida Fire Door

Certified Fire Door Inspections serving all commercial markets across Florida.

Florida Fire Door, LLC. Is the state’s leader in Life Safety Inspections and services. With over 20 years of life safety industry experience and working with different AHJ’s from all different industries, we are well versed in the code requirements and what the AHJ is expecting of you and your facility. You can count on us to keep you in compliance with all fire door code requirements.

 

Florida Fire Door
Mike Redd
VP Operations
954.947.SAFE (7233)
info@FloridaFireDoor.com
http://www.FloridaFireDoor.com

 


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The City of Surfside wanted to revive the look of their Municipal Building. by Chucks Painting

The City of Surfside wanted to revive the look of their Municipal Building. by Chucks Painting

  • Posted: Oct 06, 2020
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The City of Surfside wanted to revive the look of their Municipal Building.

by Chucks Painting

Hollywood, FL 33020   Phone: 954-923-8409

This building is the Headquarters for the Town of Surfside Police Department. With our commercial painting services, we added a fresh coat of paint and with the bold blue accents this building is now a staple for the City of Surfside.

 

SERVICE AND QUALITY FROM FLORIDA’S TOP PAINTING CONTRACTOR

Military Discount! – Any veteran or active-duty member of the U.S. armed forces is eligible for a discount on our home and commercial painting services!

Since 1979, the professional painters at Chuck’s Painting, Inc. have provided quality interior and exterior painting services to the Broward and Dade County area. At Chuck’s Painting we complete both residential and commercial paint applications. We are your Miami Painting Contractor.

From private residences to large commercial structures, our professional painters have the skills needed to get the job done. We specialize in townhouse communities, condominium communities, commercial buildings, shopping plazas, and business parks.

 

Residential Painters

From traditional painting projects to intricate, high-end residential paint finishes, our paint professionals are ready to work on your next residential painting project. Unlock your home’s potential with a fresh coat of paint, stunning contrast walls, or highly detailed faux finishes. Schedule a consultation with our expert paint and designers today

Commercial Painter Pros

Take the hassle out of your commercial property’s paint maintenance by using the professionals at Chuck’s Painting. Our dedicated painting crews can handle your paint maintenance and new paint projects efficiently. We work with you to ensure that your painting tasks are completed while disrupting your work and your clients as little as possible.

 

Recognized Paint Specialists in the Dade/Broward Area

After over three decades of painting, we’ve had some great reviews. In 2011, Chuck’s Painting was featured in Painting Contractor Magazine for our excellent interior and exterior painting of the Miami Beach Convention Center. With the building stretching over 1,350,000 square feet and with archtectural accents reaching nine stories high, we had our work cut out for us. But, no matter how large or small the project is, we are dedicated to superior service. All of our clients are treated with the same level of service and quality.

 

 

 

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October 7 & 8th @ 1:00 pm AMENDING YOUR GOVERNING DOCUMENTS by Katzman Chandler

October 7 & 8th @ 1:00 pm AMENDING YOUR GOVERNING DOCUMENTS by Katzman Chandler

  • Posted: Oct 06, 2020
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AMENDING YOUR GOVERNING DOCUMENTS by Katzman Chandler

WEBINAR Florida

AMENDING YOUR GOVERNING DOCUMENTS by Katzman Chandler

Provider 0007237 • Course 9628489 • Credits 2 Hours

Manager Continuing Education Human Resource Credits

Date/Time Wednesday, October 7, 2020 1:00 pm

Are your Governing Documents up to date? Find out what needs to be updated or deleted, and how to go about the process of having an amendment written, approved and registered.


Q & A SESSION FOR AMENDING YOUR DOCUMENTS by Katzman Chandler

Q & A SESSION FOR AMENDING YOUR DOCUMENTS by Katzman Chandler

Date: Thursday, October 8, 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 Amending your Documents.

 

 

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HOA Board Member Certification & Excellent refresher course for Licensed CAMS by Andrew B. Black, Esq of KBRLegal

HOA Board Member Certification & Excellent refresher course for Licensed CAMS by Andrew B. Black, Esq of KBRLegal

  • Posted: Oct 06, 2020
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Today @1:00pm

HOA Board Member Certification by Andrew B. Black, Esq of KBRLegal

WEBINAR Florida

HOA Board Member Certification & Excellent refresher course for Licensed CAMS by Andrew B. Black, Esq of KBRLegal

October 6, 2020  @ 1:00PM

Course # 9630140

Instructor: Andrew B. Black, Esq., B.C.S.

This webinar covers the essentials of HOA board membership, and is updated regularly to remain current with legislative amendments. In addition, this webinar satisfies Florida’s requirement for new HOA board members. It also serves as an excellent refresher course. Licensed CAMS will receive two (2) CE credits as IFM or ELE.

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Association Publication of Deadbeat List & Third-Party Purchaser Assessment Liability: by KBRLegal

Association Publication of Deadbeat List & Third-Party Purchaser Assessment Liability: by KBRLegal

  • Posted: Oct 01, 2020
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Association Publication of Deadbeat List & Third-Party Purchaser Assessment Liability:

by KBRLegal

Two New Cases Board Members and Managers Need to Know About

 

CASE No. 1: On June 12, 2020, the Florida’s Fifth District Court of Appeal (“5th DCA”) entered its opinion in Latheresa Williams, On Behalf Of Herself And All Others Similarly Situated v. Salt Springs Resort Association, Inc., and Bosshardt Property Management, LLC., Case No. 5D18-3913 (Fla. 5th DCA 2020), The holding of this case echoes advice I have all too often provided to board members and managers to NOT publish what is commonly referred to as a “deadbeat list.” This type of list is posted in the community and identifies each debtor’s name and sometimes the assessment balance past due, too. No good ever comes from publication of such a list. In fact, the Florida Consumer Collection Practices Act (the “FCCPA”) forbids it if such publication of the deadbeat list is to harass and/or annoy the debtor.

 

More specifically, section 559.72, Florida Statutes, provides in relevant part that “[i]n collecting consumer debts, no person shall… [p]ublish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts.”

 

In this case, the plaintiff was seeking class action status for all others similarly treated. This could lead to tremendous liability should discovery later evidence that the association and/or its management company regularly published deadbeat lists. At trial, the court had granted a motion to dismiss filed by the association based on a prior case, Bryan v. Clayton, also a 5th DCA case dating back to 1977 where the Court held that maintenance assessments were not “debts” for purposes of the FCCPA. In order to re-consider the prior Bryan decision, all of the 5th DCA sitting appellate judges participated in the Williams case, a process legally known as an “En Banc” style of review.

 

The Court in Williams took note that the FCCPA is designed to protect consumers and does not limit unlawful activities only to “debt collectors,” but rather to “all persons” involved in the collection of a debt. By way of contrast, the Federal Fair Debt Collection Practices Act (FFDCPA) applies only to debt collectors, which excludes the association and arguably its management company, and not to “all persons” involved in the collection of a debt, as in the FCCPA.

 

Under the prior Bryan holding, a past due assessment obligation was not even considered a “debt” for purposes of the FCCPA and the FFDCPA. In the recent Williams case, the Court went to great lengths to explain that, in fact, an association assessment obligation “is a debt which arose out of an obligation by a consumer out of a money, property, insurance or services transaction which is primarily for personal, family, or household purposes” and is therefore subject to FCCPA.

 

Thus, the Court remanded the case back to the trial court for further proceedings. While, its unknown how the plaintiff’s attempt for a class action certification will resolve, it is extremely likely that one or more defendants will be found to have violated the FCCPA for having published the “deadbeat list.” The takeaway from the Williams case is to never, ever publish a list of association debtors. This does not at all mean that the board cannot be provided a list of those members delinquent in their assessment obligations. However, it does mean such a list should not be made readily available to the membership by posting or mailing, etc.

 


 

CASE No. 2: On May 20, 2020, Florida’s Third District Court of Appeal entered its opinion in Old Cutler Lakes by the Bay Community Association, Inc. v. SRP SUB, LLC, Case No. 3D19-528 (Fla. 3d DCA 2020) regarding the liability of a third-party purchaser at a mortgage foreclosure sale for assessments that came due prior to the third-party acquiring title to the property. The Court’s holding in this case is in line with its prior holding in the case of Beacon Hill Homeowners Association, Inc. v. Colfin Ah-Florida 7, LLC, 221 So. 3d 710 (Fla. 3d DCA 2017), which based its decision on the landmark case decided by Florida’s Fourth District Court of Appeal in Pudlit 2 Joint Venture, LLP v. Westwood Gardens Homeowners Association, Inc., 169 So.3d 145 (Fla. 4th DCA 2015).

 

In the Old Cutler Lakes case, SRP SUB, LLC (“SRP”) was the successful bidder at a foreclosure sale on a first mortgage held by Wells Fargo. After obtaining title by a certificate of title, SRP filed an action for declaratory relief seeking a determination as to its liability for assessments that accrued prior to the issuance of the certificate of title. In relevant part, the Declaration of Covenant and Restrictions of Old Cutler Lakes by the Bay (“Declaration”) provided the following:

 

The sale or transfer of any Lot pursuant to the foreclosure or any proceeding in lieu thereof of a first mortgage meeting the above qualifications, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.

 

This language is similar to the language contained in the declarations in the Beacon Hill and Pudlit 2 cases. In these cases, the courts applied a constitutional principal prohibiting the impairment of contracts in deciding that the statutory safe harbor did not control over the provisions of the declarations where the statute did not require such application and the declarations did not contain “Kaufman” language, which has the effect of making amendments to the Florida Statutes automatically applicable to a declaration as they are “amended from time to time.” As the provisions of the declarations expressly created rights for third-party purchasers, the third-party purchasers are “intended third-party beneficiaries” to such provisions which rights cannot be impaired pursuant to the constitutional principal prohibiting the impairment of contracts. In following the holdings of the Beacon Hill and Pudlit 2 cases, SRP was found not liable for any of the past due assessments that accrued prior to the issuance of the certificate of title. Thus, as with many declarations which have not been amended since their creation by the community’s developer, these, as yet to be amended, declarations may provide for a complete wipe out of all assessments that accrued prior to the transfer of title as a result of a mortgage foreclosure action or by deed in lieu of foreclosure.

 

The takeaway from the cases discussed above emphasizes the importance of reviewing and updating the association’s declaration, with the guidance of your association’s legal counsel, to ensure that it provides for necessary and available protections for the association and its members, including the use of “Kaufman” language, if appropriate to collect as much overdue assessment revenue as possible.

 

 

The Kaye Bender Rembaum Team Remains Available To You and Your Community Association

The health and safety of your Community and all residents is very important to us. We also realize that our clients have uncertainty and concerns around the continuing operation of your Community, and our team of attorneys will remain available to all of you during these times.

Be sure to check out our very useful and informative COVID-19 section on our website, which is updated regularly, as we continue to follow developments affecting community associations. You can visit it by clicking HERE.

 

 

 

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Q&A Broward County Emergency Order 20-25 – Impact on Community Associations by KBRLegal

Q&A Broward County Emergency Order 20-25 – Impact on Community Associations by KBRLegal

  • Posted: Sep 28, 2020
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Q&A Broward County Emergency Order 20-25 – Impact on Community Associations

by KBRLegal

Join Campbell Property Management and Michael Bender from Kaye Bender Rembaum to learn about Broward County’s latest Emergency Order 20-25 and its impact on community associations during this brief, 30 minute webinar.

Wednesday, September 30 at 12:00 PM

Please submit a question you would like us to answer when you register. We will address as many questions as possible during the webinar.

Register Here!

 

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IS CAMPAIGNING ALLOWED IN YOUR ASSOCIATION ELECTION?  By Eric Glazer, Esq.

IS CAMPAIGNING ALLOWED IN YOUR ASSOCIATION ELECTION? By Eric Glazer, Esq.

  • Posted: Sep 28, 2020
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IS CAMPAIGNING ALLOWED IN YOUR ASSOCIATION ELECTION?

By Eric Glazer, Esq.

Election season is approaching in community associations all across the state.  We already learned that if the governing docs say “No signs” you can’t put out Trump or Biden signs on your property.  But what about the people running for the Board in your own community?  Can they at least campaign?

Many associations do a wonderful thing.  They hold a “Meet the Candidates Night.”  Everyone running for the Board gets to speak to the community for a few minutes.  The truth is however, incumbents have it harder on such an evening because the crowd often times interrupts the candidate by yelling about some dumb decisions the candidate previously made while on the board.  The newbies have it easier.  However, if you have a Meet The Candidates Night by Zoom or some other video conference, everyone can be muted while the candidate speaks.  I definitely recommend it and I have hosted several of these previously.

Can the Board send out a letter to the community suggesting how people vote and/or telling everyone why they should vote for the incumbents again?

 

The Florida Administrative Code states: (for condominiums)

The second notice and accompanying documents shall not contain any communication by the board that endorses, disapproves, or otherwise comments on any candidate.

In other words – when the ballots gets sent out – no comments by the Board.

But that’s it.  That’s the only mention about campaigning in the law.  Now obviously, Board members should not be utilizing association resources for their personal elections.  They should not be using association letterhead, envelopes and contacting members by accessing their e-mail addresses that the other candidates don’t have access to.

However, no candidate is prohibited from spending their own resources and creating a letter to send to the unit owners telling them why they are the best man or woman for the Board position.

Good luck to all the candidates!


Learn how to perform your new job on the Board!

Responsibilities of a Board of Directors for a Condo Association

The duties of the condo board encompass every aspect of the condominium’s governance and management. They are the people making all of the major decisions and establishing policies for the condo association. Under Florida law, the board or its committees set assessments for residents, hire personnel, maintain common areas, purchase insurance, obtain accounting and legal services and establish house rules.  Condominium Associations

 

 

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Join Episode 12 of Association Operations During COVID-19. by KBRLegal

Join Episode 12 of Association Operations During COVID-19. by KBRLegal

  • Posted: Sep 21, 2020
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Join Episode 12 of Association Operations During COVID-19.

by KBRLegal

Your are invited to join episode 12 of Association Operations During COVID-19.

This week’s episode will include what to expect from Phase 2.

Panelists include Jordan Goldman- Castle Group, Executive Vice President, and

attorneys Michael S. Bender & Allison L. Hertz- Kaye Bender Rembaum, P.L. – Board Certified Specialists in Condominium and Planned Development Law.

Click this link to Register

 

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