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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
Our own Michael Bender, Esq., B.C.S. will take part on this panel discussion moderated by David Cohen (Akam Management). Panelists also include Jon Moller from Brown & Brown Insurance and John Paul from Super Restoration.
by Concierge Plus
Many owners in HOA’s all over the country are looking closer at how their homeowners associations are being Governed. Inspection of the Accounting for years was based on trust, not any more! Many Owners want to make sure the fees they pay are being used for the benefit of their hoa. SFPMA has been getting many emails stating misuse accusations, document inspections, higher fees imposed by boards and collections for owners that are not paying. Many dont know what to do or dont care? We say you should!
1. Learn the HOA’s rules.
You may be able to find an HOA’s CC&Rs online as well as information about what happens if you violate a rule. Make sure any online information is current. If you cannot find this information online, ask your real estate agent to acquire these documents for you or contact the HOA yourself.
Pay particular attention to rules regarding fines and whether the HOA can foreclose on your property for nonpayment of HOA dues or fines resulting from CC&R violations. Also, learn about the process for changing or adding rules, and whether HOA meetings are held at a time you will be able to attend if you wish to do so. If the rules are too restrictive, consider buying elsewhere.
(EVERY HOA SHOULD HAVE A WEBSITE: EVERY OWNER CAN SIGN IN TO AND FIND THE INFORMATION ABOUT THE ASSOCIATION, MEETINGS, ELECTIONS, BOARD MEMBER REPORTS and NOTIFICATIONS AND NEWS)
2. Make sure the home you want to buy is not already out of compliance with HOA rules.
Buying into an existing problem can be a headache, so find out what the rules are and whether you would have to make changes to the home to comply.
(IF A PAST OWNER HAD FEES THEY OWED THE HOA, NEW OWNERS COULD BE ON THE HOOK TO PAY THESE TO THE HOA, ASK YOUR ATTNYS AND AGENTS)
3. Assess environmental practices.
If environmentally friendly living is important to you, be aware that some HOAs may dictate that you use fertilizers, pesticides, sprinkler systems and whatever else it takes to keep your lawn picture-perfect. They may not allow xeriscaping (an environmentally friendly form of landscaping) and may limit the size of gardens, ban compost piles and prevent you from installing solar panels. So make sure you check the fine print first.
4. Consider your temperament.
Are you the type of person who hates being told what to do? If so, living in a community with an HOA may be a very frustrating experience for you. One of the major benefits of home ownership is the ability to customize and alter the property to suit your needs, but HOA rules can really interfere with this.
5. Find out about fees.
Fees will differ for each community. Because of this, you should make sure to ask your HOA the following questions:
Compare dues for the complex or neighborhood you are considering to the average dues in the area. Keep in mind that you will have to pay for recreational facilities whether you use them or not. Find out the hours for amenities like pools and tennis courts. Will you be around during those hours, or will you be paying for facilities you’ll never be able to use? Be aware that the HOA may have rules about how many guests can use common facilities. If guest restrictions are severe, forget about that housewarming pool party you envisioned.
(LEARN ABOUT YOUR HOA OR CONDO BEFORE YOU BUY. LEARN WHAT QUESTIONS TO ASK BOARDS AND MANAGEMENT COMPANIES BEFORE YOU BUY!)
6. Try to get a copy of minutes from the last meeting or sit in on an HOA meeting before you buy.
The meeting minutes can be very telling about the policies of the HOA. Some questions to ask are:
Be alert for potential drama. Power trips and petty politics can be an issue in some HOAs. Talk to some of the building’s current owners, if possible – preferably ones who are not on the HOA board and who have lived in the building for several years. Talk to the HOA president and get a sense for whether you want this person making decisions about what you can do with your property. If a private company manages the HOA, investigate it before you buy. Some HOAs are professionally managed, but it is common for associations to be managed by building residents who hold their positions as volunteers. Even if you like the current HOA board or management company, it can change after you move in and you may end up getting something totally different than what you expected.
7. Watch for under-management.
Not all HOAs are over-managed. The opposite problem may be an HOA where no one really cares and where no one is interested in maintaining the building, making repairs, hearing resident grievances or being on the board. Residents may simply take turns serving as HOA president or randomly appoint someone, so be prepared to serve in this role whether you want to or not if that is the case with your community’s HOA.
This would also be a good time to check into any restrictions preventing you from renting out your property or that make it difficult for you to do so. If your property is being under-managed you might not have an issue, but if you’ve got a hyperactive manager it could be a totally different story.
8. Find out what kind of catastrophe insurance the HOA has on the building.
This is particularly important if you’re considering a condo or townhouse purchase and you live in an area that is prone to floods, earthquakes, blizzards, fires, tornadoes, hurricanes or any other type of potential natural disaster – and that is virtually anywhere.
9. Consider the impact of HOA fees on your short- and long-term finances.
A condo with high HOA fees might end up costing you as much as the house you don’t think you can afford.
Homeowners’ associations can be your best friend when they prevent your neighbor from painting her house neon pink, but your worst enemy when they expect you to perform expensive maintenance on your home that you don’t think is necessary or impose rules that you find too restrictive. Before you purchase a property subject to HOA rules and fees, make sure you know exactly what you are getting into. Then, once you’ve found your dream community.
The only constant is change, and the board must plan for the HOA’s future. This involves determining long-range needs and establishing long-term goals, along with implementing a strategy to attain those goals. The board should set annual goals, as well as those for a longer time frame. Performance goals are also set by the board. SFPMA and our members can help with many of the maintenance requests for your properties.
Tags: Condo and HOA, Condo and HOA Budgets, Condo and HOA Laws, Management News
Many South Florida homeowners are not aware of the critical role their community lakes play in managing stormwater and mitigating local area flooding. With the start of this year’s hurricane season around the corner, now is the time to make sure that our lakes and waterways are ready to deal with whatever nature throws at us. The problem of flooding is a real issue here because our homes are built on relatively flat, low-lying ground. The thin layer of soil under our feet can become saturated quickly, and sits on a cap of coral rock that only allows for a slow flow of water down to the aquifers below. This, combined with the possibility of large amounts of precipitation in short periods of time creates conditions for major flooding in our urban areas. When developers create residential communities and commercial areas, they need to take into account how much water needs to be stored or moved in order to prevent the project from flooding during major rain events. Through careful planning and design, they route stormwater away from our homes and into a system of lakes and canals. The size and number of lakes in our communities are a result of those calculations. Lakes are dug to create a storage area for water runoff from storms. The fill dug from the lakes is then used to raise the elevation of the homes around them. Using a system of drains and pipes the water is directed from the
developed areas down into the lakes. Some community lakes use weirs or culverts to connect them to the municipal canal system. This allows them to move excess water off the property once they reach a certain level. The system works well but requires regular maintenance in order to ensure that it works properly when needed. Scheduled inspections of storm drains and weirs is important to keep the water moving off our streets and properties efficiently. These structures accumulate silt and debris, and will occasionally need to be cleaned out. The lakes
themselves also need to be regularly inspected and maintained
Even though they are primarily man-made storm water basins, they do evolve and become living ecosystems like naturally occurring waterbodies. Aquatic vegetation begins to grow in all lakes eventually, and much like our lawns, require regular attention in order to avoid become overgrown. Exotic species such as hydrilla, hygrophila, and rotala grow quickly and can spread throughout acres of lake in a matter of months or less. Such infestations are not only unsightly, but all those weeds are filling up the lake and taking up space meant to hold stormwater runoff. Floating weeds such as water lettuce and water hyacinth can rapidly cover a lake surface, clogging and even damaging weirs and other outflows. Excessive growth of vegetation near culverts and drain pipes can slow the flow of stormwater both into and out of the lake, causing backups of the system. The longer these plants are left to grow unmanaged, the harder the problem is to get under control and the longer it will take. Large scale infestations need to be treated in stages with regulated wait times between treatments. This is done in order to not deplete the dissolved oxygen in the whole lake. The other problem with established infestations is that the plants have had time to mature and grow extensive roots systems. These root systems allow the plants to re-grow quickly after initial treatments and quite frequently require multiple follow up treatments to bring under control. Even once treated, the herbicides take time to work and the plants take time to decompose and settle to the bottom. Unfortunately, tropical storm events do not wait until conditions are best suited to deal with the results. The best way to make sure your community is protected is to be proactive and maintain your system regularly. Regular scheduled maintenance ensures that aquatic vegetation is kept at levels that don’t compromise your stormwater system and can potentially avoid costly repairs to its components. Hurricane season corresponds with the time of year when these plants grow and spread the fastest due to the long, sunny days. We have learned that being prepared for hurricane season means taking precautions before the storm arrives. That wisdom should also definitely apply to our first line of defense against flood damage in our communities.
Author: Stephen Montgomery / Senior Biologist
Allstate Resource Management
Allstate Resource Management has over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management. Our services include lake management, wetland management, stormwater drain cleaning and maintenance, erosion control, fish stocking, native plantings, debris removal, water quality, aquatic pest control, and upland management. All of our technicians are thoroughly trained and certified in order to meet the strict standards imposed by governmental agencies. This ensures that your property will be treated by only the most competent individuals who are proud of the services we render.
In addition to providing a healthy habitat, we specialize in the installation and maintenance of beautiful color lit fountains, bringing beauty and enjoyment to any lake or pond.
We also offer support services for property managers and HOA’s including educational presentations and CEU programs. Our approved courses offer continuing education credit to CAMs.
Tags: Management News, Members Articles
by Axela
Have your community association finances been impacted by the ongoing pandemic? What are communities around the country doing to combat cash flow and delinquency issues that 2020 has brought?
Please take 4 minutes to fill in this survey to share your anonymous feedback on the pandemic impact on your financials. We will be compiling the results to share with all of our readers.
Tags: Condo and HOA Collections, Management News
SFPMA has a team of Legal Experts, adjusters, estimators and claim specialists for the benefit of the Condo and HOA’s who sustained damage from the storms and fire, water or mold.
With the know-how and experience to negotiate your claim our Entire Team works with One Goal:
PROPERTY DAMAGE
WHAT WE PROVIDE CONDO & HOA’S
A Claim usually includes inspections, detailed estimates, more inspections, client reviews, negotiating with insurance companies, consulting with insurance company and most importantly, getting you your money as fast as possible.
Tags: Condo and HOA Insurance, Management News
Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer
by Alexa Mitch Drimmer
We need to work with families in a kinder more gentle way to keep them in their homes and at the same time protect our communities.
Contact Axela Technologies for a free collections analysis Learn more at https://www.axela-tech.com
Watch the Short Video!
Community associations are facing a crisis. High delinquencies and increased costs lead to unstable cash flows for condos and HOAs across America. Axela Technologies offers a solution that will help safeguard your community’s cash flow.
Learn more at https://www.axela-tech.com
Tags: Condo and HOA Collections, Management News, Members Articles
COVID-19 is on everyone’s minds right now, and its impacts will be felt for many months to come.
By talking to property managers across North America every day, we have found what’s working and what’s needed to operate your community remotely and virtually.
COVID-19 has accelerated the shift towards a digital transformation of property management businesses. Our guide will help you better understand how to operate your community remotely and virtually.
Get your free guide now and learn about:
We have published this guide to help managers and board members better understand how to serve their residents without being physically present.
Tags: Management News, Member Highlights
As a result of the unexpected COVID-19 crisis and its ramifications on Florida’s community associations, there are lessons that can be learned. Early on, an unexpected issue many community associations faced was whether the board could rely on the emergency powers set out in the Florida Statutes to help protect both residents and property alike during this time of uncertainty (the “emergency power legislation”). The Condominium, Cooperative, and Homeowners’ Association Acts each provide that the board of directors is granted certain emergency powers in response to damage caused by an event for which a state of emergency is declared by the Governor. While local governments at the city and county level may similarly declare a state of emergency, the emergency powers only spring into existence upon the Governor’s issuance of an executive order declaring a state of emergency in response damage caused by event.
These emergency powers include, just to name a few, the ability to cancel and reschedule meetings, conduct such meetings with as much notice as may be practicable, levy assessments, restrict access to the property and so much more. More specifically, Sections 718.1265 as to condominiums, 719.128 as to cooperatives, and 720.316 as to homeowners’ associations, Florida Statutes, each provide enumerated emergency powers available to the board of directors that may be exercised “in response to damage caused by an event for which a state of emergency is declared…”. However, in light of COVID-19 pandemic the interpretation of the phrase “in response to damage caused by an event” created questions and confusion to both laymen and lawyers alike.
At issue was whether the emergency power legislation only applies to situations where there is actual property damage and/or as a result of a hurricane damage. Even if not necessarily intended for COVID-19 type situations, to many lawyers, including this author, there was no question that the emergency powers could be utilized by board members of Florida’s community associations in response to the instant pandemic. Nevertheless, others questioned whether the emergency power legislation should apply since it was initially drafted in response to hurricane type events, and not a medical event such as the COVID-19 pandemic.
By way of background, the emergency power legislation was drafted in response to the series of hurricanes that hit Florida in 2004, however, it took the Florida Legislature approximately four years to pass them into law. A plain reading of the emergency power legislation even demonstrates that these statutes were drafted with hurricane type damage in mind, and not other disasters, such as global pandemics. But, that does not mean they cannot be applied to other situations. In fact, on March 27, 2020, the Florida Department of Business and Professional Regulation Division of Condominiums, Timeshares and Mobile Homes (the “Division”) issued an unexpected order that provided that the phrase “response to damage caused by an event” should not be considered when reading the emergency powers legislation. Then on May 20, 2020, the Division entered a second order explaining that its prior order would expire on June 1, 2020 which is slightly more than a month before the Governor’s state of emergency is set to expire on July 7, 2020. Without regard to whether the Division had the necessary authority to issue such orders in the first place, the result of its second order has attorneys asking, once again, does the emergency power legislation apply? While a great many lawyers experienced in the body of community association law believe so, that does not mean that a court would agree upon legal challenge. Candidly, it would be surprising if the court did not agree, but one never knows with certainty how a court will ultimately rule, most especially on issues of first impression, for which this certainly qualifies.
There is already legislative chatter about the need to revise the emergency power legislation to make it more adaptable to the different types of disasters that can occur. But, community association boards should be able to rely, right now, on the emergency powers in any situation where the Governor has declared a state of emergency where health of the members can be at issue. Even if the Florida legislature does amend the emergency powers to make it patently clear that the board may exercise its statutory emergency powers during a declared state of emergency for a pandemic, such an amendment will take time and that could mean anything but a fast fix. So, what is an association to do to prepare for the next unanticipated state of emergency?
Well, at least in this instance it is quite likely that your association can act much more quickly to amend the community’s declaration or bylaws, than the Florida legislature can to amend the Florida Statutes. With that in mind, the board can sponsor and the association membership can adopt an amendment to the declaration or bylaws that clarifies that the emergency powers set out in the Florida Statutes (with specific reference) apply to all states of emergency declared by the Governor to the extent the safety and welfare of the members and/or the property is at issue. In addition, or as an alternative, specific emergency powers can be drafted in the declaration or bylaws, too.
A few suggestions for consideration include:
If your association is interested in adopting such an amendment to your association’s governing documents, please be certain to seek out competent legal counsel that has the requisite expertise in the area of community association law.
Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law.
He is the creator of ‘Rembaum’s Association Roundup’, an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.
Tags: Condo and HOA, Condo and HOA Laws, Management News, Members Articles
Far too many community association boards completely overlook the significance of who is serving as the association’s registered agent. I’ve found associations whose registered agent is a former board member who is either deceased or who has moved away or a former law firm or lawyer who no longer represents the association.
Pursuant to Section 607.0501,F.S, the duties of a registered agent are to forward to the corporation at its official address any process, notice, or demand which is served on or received by the registered agent. If the registered agent fails in this regard, the association may miss crucial litigation deadlines as well as Code compliance hearings which can result in substantial damage to the association. Current board members and managers should also seriously consider whether they are up to the task of serving as Registered Agent as that role does come with potential liability.
Donna DiMaggio Berger is a Board Certified Specialist in Condominium and Planned Development Law as well as a Fellow in the College of Community Association Law a prestigious national organization which recognizes excellence and ethics in the field of community association law. Ms. Berger has counseled condominium, cooperative, timeshare, mobile home and homeowner associations throughout Florida. Her work with these communities includes covenant enforcement, covenant amendment, contract review and drafting, collections and foreclosures, as well as advising these associations about the statutory and documentary guidelines for the daily administration of their communities.
Ms. Berger has led various advocacy initiatives working with legislators and other public policy makers on behalf of those who live, serve and work in common interest ownership communities. She has testified before the Florida Legislature regarding community association law and frequently appears on radio talk shows and in print media discussing these issues.
Tags: Condo and HOA, Condo and HOA Laws, Law and Legal, Management News
SFPMA works throughout the State of Florida, we are a multi-member organization for the Condo, HOA and Property Management industry. Through knowledge based Articles, Events and our Members Directory, Clients find the right information to make an informed decisions for their Florida properties.