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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

  • Posted: Aug 03, 2020
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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

  • Posted: Jul 23, 2020
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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

  • Posted: Jul 23, 2020
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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.

  • Posted: Jul 23, 2020
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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

  • Posted: Jul 20, 2020
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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

  • Posted: Jul 20, 2020
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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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Before you sign that Contract / Eric Glazer: 9:00 am – 9:45 am / July 22, 2020

Before you sign that Contract / Eric Glazer: 9:00 am – 9:45 am / July 22, 2020

  • Posted: Jul 20, 2020
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Before you sign that Contract / Eric Glazer: 9:00 am – 9:45 am / July 22, 2020

WEBINAR Florida Register

Take 4 different classes on the same day all from the comfort of home! July 22, 2020 Eric Glazer: 9:00 am – 9:45 am Before you sign that Contract To register click here. Like always……IT’S FREE. Let’s make the best of the cards we were dealt, and learn together on-line. In the mean time, our firm and all of the sponsors of the Condo Craze and HOAs radio show wish all of you and your families nothing but good health and good spirits. Hoping to see you (on my computer). Sincerely, Eric Glazer

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Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

  • Posted: Jul 16, 2020
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Essential Hurricane Preparedness Guidebook for Florida Community Associations

by KatzmanChandler

Anticipating an active 2020 Atlantic hurricane season, the Florida Community Association Law Firm of Katzman Chandler today released its annual “Hurricane Preparedness and Recovery Guide for Community Associations” to help Florida communities protect their properties and safeguard community residents during what experts say will be a significantly more active storm season.

The Hurricane Preparedness and Recovery Guide for Community Associations entitled, “READY… SET… RECOVER” is immediately available for download online at the Katzman Chandler website (www.KatzmanChandler.com). Community Association Coalition Leaders throughout the State may also request and obtain printed copies of “READY… SET… RECOVER” for distribution to their member Community Associations by contacting info@KatzmanChandler.com or by calling Toll Free 800-987-6518.

The National Oceanic and Atmospheric Administration, (NOAA) on May 22, 2020 announced its prediction of an above-average hurricane season with 13 to 19 named storms and 6 to 10 hurricanes – with 3 to 6 classified as “major” (Category 3, 4 or 5) hurricanes, with winds of 111 mph or greater. In 2005, the most active storm season in recorded history saw a total of 28 named storms, including 15 hurricanes – 7 classified as “major,” including hurricanes Katrina and Wilma, which caused extensive property destruction and devastation to the livelihoods of millions of Floridians. While a typical hurricane by itself is a formidable adversary, navigating both pre and post hurricane conditions during the COVID-19 pandemic may prove to be exponentially more complicated – making early and complete preparation more important than ever.

“Because insurance companies are in the money-making business and accordingly, are financially motivated to deny or underpay claims, it is vitally important that volunteer Boards obtain legal advice when both purchasing their coverage and filing claims,” said Leigh C. Katzman, Esq., Founding Partner, Katzman Chandler. “The days of trying to successfully go it alone against insurance giants and a system designed to underpay policy holders are truly over. The Florida Legislature in 2011 shortened the time frame to file a claim, supplemental claim or reopened claim from 5 years to 3 years making it even more crucial that boards be prepared to act quickly and decisively when disaster strikes.”

“READY… SET… RECOVER, specifically assists Community Associations and their Management professionals to identify areas of concern, and to properly and fully prepare before a disaster strikes,” said Mary Ann Chandler, Esq., Managing Partner, Katzman Chandler.

 

The Katzman Chandler Hurricane Preparedness and Recovery Guide for Community Associations is arranged into four (4) main sections for ease of use:

  • The first section, “An Ounce of Prevention…” addresses routine planning and preparedness measures that are recommended to be undertaken before, or at the latest, in the early weeks of Hurricane Season.
  • The second section, “The Calm Before the Storm…” addresses actions to be taken when a Tropical Storm, Hurricane Watch or Hurricane Warning is issued for your area.
  • The third section, “Triage and the Initial Road to Recovery…” addresses the immediate and continuing actions to be taken to repair and rebuild your Community in the aftermath of a storm.
  • The fourth and final section, “It’s Your Insurer’s Turn to Write the Check…” describes the insurance claim and recovery process.

 

 

Katzman Chandler is a Full Service Florida Law Firm devoted to all aspects of Community Association representation. We are truly “Committed to Community” and evidence this commitment each day through Passion, Experience and Technology. Our Passion is clear in our dedication to identifying unique solutions to issues and concerns affecting our Clients. Our Experience is evident in our ability to utilize our skills and knowledge to provide our Clients with the highest quality work product and out-of-the-box strategies in the most cost-efficient manner. However, our Passion and Experience come together in our unique use and leveraging of Technology. Our utilization of Technology allows us to provide our clients with state-of-the-art features and programs that complement superior legal representation, and are second to none.

Regardless of the size of your community, Katzman Chandler is dedicated to meeting your needs, achieving your goals and exceeding your expectations. Our services include General Corporate Representation, Delinquent Account Collection, Litigation, Covenant Enforcement, Document Amendment/Rewrite, Property Insurance Damage Claim Recovery, and Construction Defect Representation. Katzman Chandler can be reached by calling Toll Free 800-987-6518 or via email at info@KatzmanChandler.com. Information about the Law Firm can be requested through their website which can be found at www.KatzmanChandler.com.

 

“If there is a single downside to living under the Florida sun, it is the risk of a significant storm impacting our homes and way of life.”

However, in times of need, members of the Katzman Chandler family of clients can rest assured that their interests are represented by some of the best attorneys in the industry.

“READY… SET… RECOVER” is immediately available for download online at the Katzman Chandler website by clicking here.

by Leigh Katzman, ESQ., Katzman Chandler

 

 

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Lake Management and Hurricane Season, by AllState Resource Management

Lake Management and Hurricane Season, by AllState Resource Management

  • Posted: Jul 16, 2020
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Lake Management and Hurricane Season

by AllState Resource Management

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.
Thank You to Colleen Sullivan for this Article.
Author: Stephen Montgomery / Senior Biologist
Allstate Resource Management   Members of SFPMA
– 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 inspections and maintenance, erosion control, fish stocking, native plantings, debris removal, water quality, aquatic pest control, and upland management.
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Owner’s Guide to 40-Year Recertification by Eric Glazer, Sinisa Kolar and DSS Condo FREE WEBINAR

Owner’s Guide to 40-Year Recertification by Eric Glazer, Sinisa Kolar and DSS Condo FREE WEBINAR

  • Posted: Jul 14, 2020
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Owner’s Guide to 40-Year Recertification by Eric Glazer, Sinisa Kolar and DSS Condo

FREE WEBINAR TONIGHT  JULY 14, 2020 @7pm – 8pm

Register Today

Jul 14, 2020 07:00 PM

Register Today

Did you know that all high-rise condominiums are required to have a 40-Year Recertification? In our 90-minute webinar, DSS Condo and industry experts will walk you through the process, explain the requirements, and provide you with the insight to successfully complete the required 40-Year Recertification for your building. Sign up today to secure your spot!

 

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