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The Property Manager’s Guide to Social Distancing by Concierge Plus

The Property Manager’s Guide to Social Distancing by Concierge Plus

The Property Manager’s Guide to Social Distancing

by Concierge Plus

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:

Property Managers Guide to Social Distancing Front Page

  • How to improve communication channels
  • Why technology made specifically for managers is the best solution
  • The 7 things to look for in  resident portal technology

 

 

We have published this guide to help managers and board members better understand how to serve their residents without being physically present.

GET YOUR GUIDE NOW

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Virtual Happy Hour to Benefit the Leukemia & Lymphoma Society by Cohen Law Group  Aug 26th, 2000 5-6PM

Virtual Happy Hour to Benefit the Leukemia & Lymphoma Society by Cohen Law Group  Aug 26th, 2000 5-6PM

  • Posted: Aug 24, 2020
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Virtual Happy Hour to Benefit the Leukemia & Lymphoma Society by Cohen Law Group  Aug 26th, 2000 5-6PM

*Special Virtual Event: Cohen Law Group  Aug 26th, 2000 5-6PM
Please mark your Calendars
If you can not make it to the Event?

Please make a Donation to help

 

Cohen Law Group
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Governing Document Amendments In Light Of COVID-19 by Rembaum’s Association Roundup

Governing Document Amendments In Light Of COVID-19 by Rembaum’s Association Roundup

Governing Document Amendments In Light Of COVID-19

Rembaum’s Association Roundup presented by KBRLegal.com

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:

  • During any emergency the Board may hold meetings with notice given only to those Directors with whom it is practicable to communicate, and the notice may be given in any practicable manner.  The Director, or Directors, in attendance at such a meeting shall constitute a quorum.
  • The Board may cancel, reschedule and/or postpone Board and member meetings, including the annual meeting, if necessary to protect the health and welfare of the members.
  • Corporate action taken in good faith during an emergency under this section to further the ordinary affairs of the association shall bind the Association; and shall have the rebuttable presumption of being reasonable and necessary.
  • The Board may use reserve funds to meet Association needs and may use reserve funds as collateral for Association loans.  The Board may adopt emergency assessments with such notice deemed practicable by the Board.
  • The Board may adopt emergency Rules and Regulations governing the use and occupancy of the Units, Common Elements, Limited Common Elements, and Association Property, with notice given only to those Directors with whom it is practicable to communicate.
  • Any Officer, Director, or employee of the Association acting with a reasonable belief that his actions are lawful in accordance with these emergency Bylaws shall incur no liability for doing so, except in the case of willful misconduct.
  • The Board shall act to keep all members informed of all Board actions taken pursuant to these emergency powers by U.S. Mail, closed circuit tv, social media, or email, etc. as may be practicable under the circumstances.

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.

 

 

 

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community association boards completely overlook the significance of who is serving as the association’s registered agent. by Donna DiMaggio Berger

community association boards completely overlook the significance of who is serving as the association’s registered agent. by Donna DiMaggio Berger

 

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.

 

 

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MORE ABOUT COLLECTIONS  By Eric Glazer, Esq.  Published August 3, 2020

MORE ABOUT COLLECTIONS By Eric Glazer, Esq. Published August 3, 2020

MORE ABOUT COLLECTIONS

By Eric Glazer, Esq.

Published August 3, 2020

 

As promised a few weeks back, we need to discuss some very interesting pitfalls associations sometimes fall into in the area of collections.  In light of the fact that mortgage delinquencies are at an all-time high, rest assured that owners will in a short while begin falling behind on condo and HOA assessments as well.

The association must accept even partial payments.

 

Suppose the assessments are $300.00 per month.  An owner has not paid in 3 months and owes $900.00 plus late fees and interest.  The owner sends in a payment for $300.00.  Must the association accept the $300.00 payment?  YES.

In Ocean Two Condominium Ass’n, Inc. v. Kliger, 983 So.2d 739 (Fla.App. 3 Dist.,2008)  the court held that the refusal of a condominium association and its management company of tendered payments of undisputed maintenance fees by condominium unit owners was improper and rendered premature the association’s lien foreclosure action involving owners’ units..  The condominium statute provided that such payments were to be applied on account, without prejudice to association’s and unit owners’ respective positions.  In this case, the dispute would have been reduced to an inconsequential amount, and association’s attorneys could not in good faith have filed to foreclose the miniscule claim remaining. West’s F.S.A. § 718.116(3).

The association should not worry about restrictive endorsements.

 

Same scenario as above, but this time, the owner writes “paid in full” on the $300.00 check.  Should the association deposit the check?  If they do, are they now prevented from suing for the $600.00 balance?

The condo and HOA statutes each provide the methods by which to apply assessments that are paid.  Each statute makes it clear that they are to be applied in accordance with the statute, and any purported accord and satisfaction, or any restrictive endorsement, designation, or instruction placed on or accompanying a payment.   In simple terms, after applying the payment, the balance is still owed despite the words “paid in full” or similar words being placed on the check.

 

The association must apply the monies in accordance with the statute.

 

Same scenario as above, but the owner has also incurred $200.00 in attorney’s fees, $10.00 in interest and $75.00 in late fees.  How much does the owner owe to the association after making the $300.00 payment?

The statute says……….Assessments and installments on assessments which are not paid when due bear interest at the rate provided in the declaration, from the due date until paid. The rate may not exceed the rate allowed by law, and, if no rate is provided in the declaration, interest accrues at the rate of 18 percent per year. If provided by the declaration or bylaws, the association may, in addition to such interest, charge an administrative late fee of up to the greater of $25 or 5 percent of each delinquent installment for which the payment is late. Any payment received by an association must be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment.

About HOA & Condo Blog

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at noon each Sunday on 850 WFTL.Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2 decades and is the owner of Glazer and Sachs, P.A. a seven attorney law firm with offices in Fort Lauderdale and Orlando and satellite offices in Naples, Fort Myers and Tampa.

See: www.condocrazeandhoas.com.

He is the first attorney in the State of Florida that designed a course that certifies condominium residents as eligible to serve on a condominium Board of Directors and has now certified more than 10,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

 

 

 

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Painting or Coating?  Basic considerations for long term durability. – by William Pyznar / The Falcon Group

Painting or Coating? Basic considerations for long term durability. – by William Pyznar / The Falcon Group

Painting or Coating? Basic considerations for long term durability.

by William Pyznar / The Falcon Group

 

“Painting” your building sounds simple enough.  Most would anticipate the most important decision to be selecting which color to paint it.  However, a lot of chemistry and physics will play an important role in how that “paint” performs and how long it will be sticking to your building, protecting it and looking good.

For starters, lets differentiate between “paint” and “coating”.  All coatings are paints, but not all paints are coatings.   Generally speaking, paint is used for aesthetics, and coatings are used for performance.  Coatings are paints that serve a purpose beyond just the aesthetic color and finish.  In addition to color and texture, coatings can provide waterproofing, elasticity, breathability, dirt shedding and corrosion prevention properties.  With these additional properties typically comes added cost.  As such, it is important to make sure you are selecting the correct coating with proper preparation and application techniques to get the best long-lasting performance and return on your investment.

Most coating failures can be attributed one of three issues:

  • Improper selection of material
  • Improper preparation of the substrate
  • Improper application.

Before selecting a coating material and process, first consider the condition of the existing conditions and how the existing coating is performing and the condition of the existing substrate. Also consider what characteristics and results you are looking to achieve. Looking a little deeper into each of the causes of failure.  If there is an existing coating and the existing coating has failed, it is crucial to understand why before investing in recoating.   If the existing coating is performing, but you are looking to recoat for aesthetics, waterproofing or other performance characteristics, it is also imperative to understand the existing coating to be able to select the proper material, preparation and application of the new coating.

 

Selecting the new Coating:  Selecting the new coating will be governed by desired performance characteristics and chemistry.   You need to determine which performance characteristics you need such as breathability, elasticity, waterproofing, corrosion resistance and dirt shedding.  You then need to consider what materials you are going over.  The new coating should be compatible with the existing surface chemically and physically.

For example, topcoats should generally be of the same generic type of curing mechanism as undercoats and you don’t want to apply a rigid coating over a flexible base.  If it is anticipated that moisture escaping the concrete or wood substrate is a concern you may want to select a breathable material.  If crack bridging and movement is a concern, you may want to select an elastic material.  If existing layers of paint exist, you don’t want to keep applying layers of coatings so as to reduce the elasticity of the overall coating thickness.  Latexes are generally less effected by moisture then oil-based coatings.  Oil based coatings are not recommended for direct application on galvanized surfaces because the alkalinity on the galvanized surface will degrade the oil binder causing peeling.

 

Surface Preparation:  Surface preparation is the single most important factor in determining coating durability.  Proper preparation removes surface contaminants such as dirt, mildew chalking, salts and rust which can interfere with adhesion of the new coating.   Proper preparation will also produce a surface profile that will promote good adhesion.  There are varying surface preparation processes that are recommended, which vary with the surface such as existing coating, steel, wood or concrete and the condition of the surface such peeling or chalking coatings, fresh or old concrete, painted or bare wood, oiled or rusting steel, etc.   There are dozens of preparation methods from blasting and sanding, washing with soap, chemicals or acid to making repairs of the surface itself.  The selected methods are a function of the materials being used, the existing conditions and the environment.

 

Application:  It is important to apply coatings immediately after preparation so as to avoid contamination of the surface.  The grace period from preparation to coating will vary greatly with material and environment.   For example, freshly blasted steel in a marine environment will start to form a corrosive film almost immediately.  Whereas bare wood can be exposed to sunlight for up to two weeks before the sunlight causes photo-degradation of the wood, which must be sanded off to avoid adhesion issues.

Other considerations during the application process include access, weather conditions, including wind, precipitation, temperature and humidity, dust (natural or construction related), and the actual application methods such as brush, roller or spray.  Application method will be governed by the type of material and the type and condition of the substrate, as well as the environmental conditions.  It is important to achieve the specific millage in the  application and the specific dry film thickness.

In summary, once you have selected a color scheme for your project, it is important to understand there is an extensive amount of legwork to fully understand what and how coatings should be applied to your building to get the most out of your investment and to avoid costly defects.  A professional consultant with expertise in repairs and coatings can help guide this process and perform some simple field tests to identify the existing material type, moisture concerns and visible conditions to come up with the best long term specification for your investment.

WJP

The Falcon Group | Engineers, Architects & Reserve Specialists

www.falconengineering.com 

Miami ph: 305.663.1970 x509  West Palm Beach ph: 561.290.0504 

 

 

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Did You Miss Out? Watch Our Nanobubbles vs. Aeration Webinar Today! by SOLitude

Did You Miss Out? Watch Our Nanobubbles vs. Aeration Webinar Today! by SOLitude

Did You Miss Out? Watch Our Nanobubbles vs. Aeration Webinar Today!

 

 

You’ve probably heard about nanobubblessubmersed aeration and floating fountains, but do you know the difference? Our recent live webinar “Discover the Difference: Nanobubbles vs. Aeration” was a huge success, and we received a ton of positive feedback from attendees. As a thank you to all of our loyal clients and followers, we’re sharing an exclusive free recording of the webinar (no download needed)!

 

Watch our experts as they discuss the science behind nanobubble technology and lake & pond aeration. These technologies are proven to help improve water quality and dissolved oxygen levels. Learn how each solution can help improve the health and beauty of your aquatic ecosystem, and discover which are best-suited for your waterbody. Be sure to watch until the end to hear answers to the top frequently asked questions!

 

 

 

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Aruba Permit Services specializes in helping Building Owners with 40-year inspections.

Aruba Permit Services specializes in helping Building Owners with 40-year inspections.

Aruba Permit Services specializes in helping Building Owners with 40-year inspections.

 

The 40-year Building Safety Inspection Program was created in 2005 and has become effective throughout Broward and Miami-Dade Counties since January 2006. 

Aruba Permit Services specializes in helping Building Owners with 40-year inspections. We are partners with Aruba Construction who has been a Certified General Contractor since 1990 and has qualified Engineers available to handle inspections of any size building.

 

Building owners and property managers should consult with our structural engineers to have a proper inspection completed as their building nears 40 years of age.

Visit our Website

 

 

These inspections are for the conditions of the building that include:

·         Masonry Walls (concrete condition, exposed rebar, spalling)

·         Floors and Roof Systems (drains, scuppers, supports for A/C)

·         Steel Framing (corrosion, fireproofing)

·         Concrete Framing (cracks, exposed rebar)

·         Windows (general condition, seals, anchorage)

·         Wood Framing (connector condition, rotting, bearing deficiencies)

·         Exterior Finishes (stucco, soffit, veneer deficiencies)

·         Electrical (panels, wiring, breakers)

 

 

 

After inspections are completed, the Engineer supplies a formal inspection package to the City or the County as required by the Board of Rules and Appeals. These inspections are required 40 years after the building has been built, and every 10 years thereafter.

If deficiencies are found in the building, Aruba has the knowledge and the manpower to handle any repair. Permits will be pulled for the repairs. All work will be followed up by the engineer to assure compliance. Aruba Permit Services is licensed and insured. 

 

Aruba Permit Services is here for you:

Phone: (954) 786-7292
Email: 
info@aruba-services.com
Address: 1413 S. Powerline Road, Pompano Beach, FL 33069

Contact us Today for a Free Quote!

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WEBINAR: NAVIGATING THE FEDERAL FAIR HOUSING: ASSISTANCE ANIMAL OR PET by KBR Legal, Pompano Beach

WEBINAR: NAVIGATING THE FEDERAL FAIR HOUSING: ASSISTANCE ANIMAL OR PET by KBR Legal, Pompano Beach

  • Posted: Jul 20, 2020
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WEBINAR: NAVIGATING THE FEDERAL FAIR HOUSING: ASSISTANCE ANIMAL OR PET

WEBINAR Florida Register

WEBINAR: NAVIGATING THE FEDERAL FAIR HOUSING: ASSISTANCE ANIMAL OR PET Date/Time Date(s) – 2020-07-23 1:00 pm – 2:15 pm Location Pompano Beach Office Register HERE A one-hour CE credit course with credit available as IFM or ELE. Provider #: 0005092 | Course #: 9630144 Online bookings are not available for this event.

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MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS /by Katzman Chaldler / July 23rd

MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS /by Katzman Chaldler / July 23rd

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MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS

WEBINAR Florida Register

MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS by Katzman Chandler Date: Thursday, July 23, 2020 Time: 12:00 pm – 2:00 pm Location: Online Event via, Zoom What are community association covenants and restrictions? What rules and regulations? How are they adopted and enforced? This course provides answers to these questions, as well as a primer on association governing documents, their order of priority and enforceability, and includes a review of fines and fining procedures. REGISTER NOW

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FREE WEBINAR: Cash Flow in Your Community Association by Mitch Dirmmer of Axela / July 22, 2020 @2:30pm

FREE WEBINAR: Cash Flow in Your Community Association by Mitch Dirmmer of Axela / July 22, 2020 @2:30pm

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FREE WEBINAR: Cash Flow in Your Community Association by Mitch Drimmer of Axela

WEBINAR Florida Register Now

Cash Flow in Your Community Association by Alexa and Guests: Alan Seilhammer, Zed LaCour, and Mitchell Drimmer President, Axela Technologies July 22 @ 2:30 pm – 3:30 pm EDT Register Here If you live in a Condo or HOA, every year the Board of Directors is required to create a budget that will cover all the anticipated expenses (and hopefully they will also fund your reserve budget). If everything goes to plan then your community association is running like a Swiss Watch. If you plan well and accurately, your budget will perform as it should. Yet, as Mike Tyson once said, “Everybody has a plan until they get hit.” Even with the best budgets community associations will be greeted with surprises. Some of these surprises can be natural disasters, significant failures of expensive mechanical installations, an economic downturn resulting in delinquencies, and a host of many other events that are unknown and unpredictable. This Webinar with a Community Association Manager, Banker, and Collections Expert will address what happens and what can be done when a community association finds itself behind from a cash flow perspective. We will discuss how community associations can control and maintain a consistent cash flow.

 

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