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

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

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

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
  • By:
  • Comments: Comments Off on 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

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

Tags: , ,
Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

  • Posted: Jul 16, 2020
  • By:
  • Comments: Comments Off on Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

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

 

 

Tags: , , ,
Lake Management and Hurricane Season, by AllState Resource Management

Lake Management and Hurricane Season, by AllState Resource Management

  • Posted: Jul 16, 2020
  • By:
  • Comments: Comments Off on Lake Management and Hurricane Season, by AllState Resource Management

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.
Tags: , , ,
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
  • By:
  • Comments: Comments Off on 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 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!

 

Tags: , ,
WAIT – IT GETS WORSE By Eric Glazer, Esq. Published July 13, 2020

WAIT – IT GETS WORSE By Eric Glazer, Esq. Published July 13, 2020

  • Posted: Jul 13, 2020
  • By:
  • Comments: Comments Off on WAIT – IT GETS WORSE By Eric Glazer, Esq. Published July 13, 2020

WAIT – IT GETS WORSE

By Eric Glazer, Esq.

I recently explained how lucky the banks are when they foreclose on a unit or a home and take back ownership.  The law protects them, and despite how much the unpaid condo or HOA assessments are, the bank is only responsible for the lesser of one year of assessments or 1% of the mortgage.  Many of you are outraged over that and I’m with you.

The association always hopes that a 3rd party buys the property at the bank’s foreclosure sale instead of the foreclosing bank, because under the law, a 3rd party, unlike the bank, would owe all past due assessments to the association.

But even though the law requires some payments to the association, your condo or HOA may get zero because of a terrible provision that may be looming in your governing documents.  Despite the fact that the law requires banks to pay the lesser of one year of assessments or 1% of the mortgage, and requires a 3rd party purchaser to pay all past due assessments, many of you have provisions in your governing documents that say the banks owe nothing when they take back ownership of a home or unit after a foreclosure and that a 3rd party purchaser owes nothing if they buy the property at a foreclosure sale.  That’s right, not a penny is owed to the association.  You are wiped out.

So what controls, the law or your governing documents?  In May Florida’s Third District Court of Appeal ruled in Old Cutler Lakes by the Bay Community Association v. SRP SUB .  A third party purchaser took title to a unit within the community via a bank mortgage foreclosure auction.

The governing documents contained the following provision: “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.”

The Third DCA concluded that the 3rd part purchaser at the sale is not liable for any of the past-due assessments, attorney’s fees and/or costs that accrued prior to its acquiring title.

So what do you do now?  Check your governing documents.  Make sure they don’t contain a similar provision.  If they do, you certainly want to talk you’re your attorney about amending them properly so you at least get the crumbs owed to the association when a bank forecloses.

 

Click the banner below, Read other Articles.

 

Tags: , ,
FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL by Kaye Bender Rembaum

FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL by Kaye Bender Rembaum

  • Posted: Jul 06, 2020
  • By:
  • Comments: Comments Off on FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL by Kaye Bender Rembaum

FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL

by Kaye Bender Rembaum

Below you will find face covering requirements for Palm Beach, Broward, Miami-Dade, Hillsborough, Pinellas, Pasco and Manatee Counties. In addition, the cities of Hallandale and Aventura are disucussed.

Where appropriate, face covering requirements for those living in condominiums and homeowners’ associations are discussed as well.

A recall was issued for a certain manufacture of hand sanitizer products which is presented immediately below the face covering information.

 

PALM BEACH COUNTY

Palm Beach County Order No. 2020-012 provides that effective June 25, 2020, facial coverings are required to be worn in public.  Specifically, facial coverings are required to be worn in:

 

i) Businesses and establishments of any type, including, without limitation, restaurants, retail stores, grocery stores, gyms, indoor recreational facilities and vehicles for hire,

ii) Public places, including outdoor areas that are open and regularly accessible, and outdoor common areas within private communities, where social distancing is not possible or not being practiced, 

iii) Palm Tran transit services, and

iv) County and municipal governmental facilities. 

 

Facial coverings are defined under the Palm Beach County Order as any covering which snugly covers the nose and mouth, whether store bought or homemade, mask or clothing covering, including, but not limited to, a scarf, bandana, handkerchief, or other similar cloth covering and which is secured in place. The Order is clear that facial coverings are required to be worn in outdoor common areas within private communities accessible to more than one housing unit where social distancing cannot be accomplished or is not being practiced.

One must also wear a facial covering while working in or visiting businesses and establishments, including indoor recreational facilities.

Businesses and establishments are further required to ensure compliance with the Order and establish a process for verification of compliance upon customer entry into the establishment, and to conspicuously post a specific sign in three languages (CLICK HERE TO LINK-http://discover.pbcgov.org/pdf/covid19/Retail-Mask-Poster.pdf) indicating that persons must wear facial coverings and maintain social distancing.

The Order does not specifically identify indoor common elements or common areas of condominium and homeowners’ associations as businesses or establishments where facial coverings must be worn. However, due to the fact that any type of business or establishment must comply and indoor recreational facilities are specifically listed as establishments in the Order, we believe that the Order likely applies to indoor common element and common area facilities.  Therefore, we recommend that you treat your indoor facilities as establishments under the Order until further orders or guidance is provided by the County.  This means that associations should monitor and require compliance with facial covering requirements, particularly in indoor recreational facilities, and conspicuously post the designated sign required by the Order.

There are exceptions to the facial covering requirements for certain individuals and in certain situations where they are not feasible, including, but not limited to, by children under two (2), by persons who have medical conditions such as asthma or COPD, and while consuming food or beverages.  However, the exceptions are limited and should be implemented in accordance with the Order so as not to cause the spread of the virus.  Finally, compliance is serious as the county has now indicated that fines and penalties may be issued for businesses that do not comply. Whether this includes associations is to be determined.

 

BROWARD COUNTY

Generally, facial coverings must be worn anytime you obtain a good or service from any establishment, including entering, exiting, and otherwise moving around within the establishment (and must be worn by persons working in those establishments during in-person interactions).

The covering should cover the nose and mouth, and comply with the CDC recommendations on the use and sanitation of such coverings. There are certain limited exemptions, including, without limitation, children under the age of two or children of any age while in the custody of licensed childcare facilities, persons with medical conditions, or during the time-period when you are receiving a good/service that precludes wearing a facial covering (e.g., eating, drinking, receiving a facial grooming).

Violations are subject to potential civil penalties (fines) and/or criminal enforcement (2nd degree misdemeanor).  Suspected violations can be reported to local municipal code enforcement.  The Broward County Order does not specifically require facial coverings within private residential communities (condos/HOAs). Please note, however, that cities may have stricter requirements than the county, so you should confirm with your city accordingly.

Any questions concerning the county requirements can be directed to the County COVID19 Hotline: ‪(954) 357-9500.

 

The relevant FAQ from the county, and the three (3) Orders are below:

FAQ about Facial Coverings from County: https://www.broward.org/CoronaVirus/Documents/FacialCoveringsFAQs.pdf

EO #12: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-12.pdf

EO #13: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-13.pdf

EO #14: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-14.pdf

 

CITY OF HALLANDALE

Facial coverings are required within the common areas of all buildings with multiple residents per Emergency Order HB20-12.

 

CITY OF HOLLYWOOD

All persons beyond legal boundary of residential property are required to wear facial coverings consistent with CDC guidelines as per Emergency Order 2020-06.

 

 

MIAMI-DADE COUNTY

Miami-Dade County issued Emergency Order 20-20 on April 9, 2020 (“Order 20-20”) which requires that all persons working in or visiting grocery stores, restaurants, pharmacies, construction sites, public transit vehicles, vehicles for hire, and locations where social distancing measures are not possible to wear facial coverings. In other words, face masks are required where social distancing is not possible. The Order defines a facial covering as “any covering which snugly covers the face and mouth, whether store bought or homemade, and which is secured with ties or ear loops.”

On May 15, 2020, Miami-Dade County issued Emergency Order 23-20 (“Order 23-20”) further providing that anyone “working in or visiting an establishment, including but not limited to airports, seaports, and mass transit facilities and vehicles” must wear a facial covering as described in Order 20-20. However, Order 23-20 provides an exemption for children under the age of two years, persons who have trouble breathing, where federal or state safety regulations prohibit the wearing of facial coverings, and for persons engaged in strenuous physical activity.

On May 27, 2020, Order 23-20 was amended to provide an additional exemption to the facial covering requirement “while persons are eating or drinking.” Additionally, Order 23-20 adopts The New Normal; A Guide for Residents and Commercial Establishments (the “New Normal Guidelines”) which includes industry specific protocols for the reopening of retail and commercial establishments, including general reopening guidelines that provide that facial coverings must be worn inside businesses and commercial establishments or wherever social distancing is not possible.

On June 22, 2020, Mayor Carlos A. Gimenez released a statement regarding the importance of wearing masks and social distancing. He reiterated that masks are required indoors at business establishments and outdoors when people cannot practice social distancing to remain at least six (6) feet apart. In his statement, Mayor Gimenez acknowledged the stricter rules issued by some municipalities in Miami-Dade County, including Miami, North Miami Beach, Aventura, Hialeah, and Miami Gardens.

 

CITY OF AVENTURA

As pertains to community associations, the City Manager of Aventura issued Emergency Order Number 12 (“Order 12”) which provides additional mandates requiring the use of facial coverings in the interior “Common Areas” of commercial buildings and residential condominium and cooperative buildings. Order 12 provides that common areas include lobby/reception areas, hallways, elevators, mailrooms, clubhouse/meeting rooms, and stair wells. That means that you are required to wear a mask in any interior common areas of condominium or cooperative buildings in the City of Aventura. It is important to note that Order 12 provides that property managers/building managers are required to enforce the facial covering requirement.

 

HILLSBOROUGH COUNTY

Order 2020-27 went into effect on 5pm June 24, 2020.  The order does not specifically apply to community associations as they are not a “business” under the order. Face coverings must be worn inside all indoor establishments. Businesses are required to enforce the mask order and can be charged with a second-degree misdemeanor if they don’t, a penalty of up to 60-days in jail and/or six months’ probation and a $500 fine.  The exception does not apply to children under two, persons with pre-existing medical conditions that would be worsened by a mask, hearing-impaired persons, those working in a profession that would be unable to perform their duties with a mask such as public safety, exercising, eating and drinking, or those already observing federal social distancing guidelines (the 6-foot rule).

Tampa is the only exception in Hillsborough where the mask rule would apply to community associations.  if you are outside your home, you must wear a face covering and if no face covering,  up to a $500 citation could be issued.  This would apply to community associations whenever a resident is outside of their residence.

 

PINELLAS COUNTY

Order 20-14 went into effect on 5pm June 24, 2020. Face coverings must be worn in all indoor public places in Pinellas County.  While not specifically drafted to apply to community associations, the definition of indoor public place would cover community associations when the residents can access the facility.  The only exceptions applicable to community associations are if less than 10 people are in the facility and they are practicing social distancing.  Parties not wearing a mask can receive a civil citation of $100 for a first offense, $250 for a second and $500 for a third. Additional repeat violations may result in a misdemeanor arrest.  The exceptions mirror those of Hillsborough County and Pinellas’s enforcement cannot conflict with the Americans with Disabilities Act.  The Order does not apply to government entities or hospitals or persons under the age of 18.

 

PASCO COUNTY

Order went into effect ‪5pm on June 25, 2020.  Face coverings must be worn inside all businesses, government offices, and schools.  The definition of businesses is nebulous enough to ensnare community associations under the “providing services to the public” standard.  If someone does not wear a mask in the aforementioned places, they will not be able to enter the business, or will be removed once inside. Individual business owners are required to enforce the ordinance or may face a fine up to $250. The exceptions mirrors Hillsborough County and Pasco’s enforcement cannot conflict with the Americans with Disabilities Act.  It is suggested you speak with your community association’s attorney due to the lack of specificity in Pasco County’s Order to determine if the Order may apply to your community association.

 

MANATEE COUNTY

No mask requirements.

 

 

HAND SANITIZER RECALL 

The Food and Drug Administration issued a warning on nine alcohol-based hand sanitizers manufactured by Eskbiochem SA de CV in Mexico because  it contains wood methanol, a toxic substance.  It can result in death if ingested or if  absorbed through the skin.

“Consumers who have been exposed to hand sanitizer containing methanol should seek immediate treatment, which is critical for potential reversal of toxic effects of methanol poisoning,” the FDA wrote on June 19.”

Following is list of the hand sanitizers manufactured by Eskbiochem:

 

All-Clean Hand Sanitizer (NDC: 74589-002-01)

Esk Biochem Hand Sanitizer (NDC: 74589-007-01)

CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-008-04)

The Good Gel Antibacterial Gel Hand Sanitizer (NDC: 74589-010-10)

CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-005-03)

CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-009-01)

CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-003-01)

Saniderm Advanced Hand Sanitizer (NDC: 74589-001-01)

 

 

Tags: , , ,
5 SAFETY TIPS FOR A FUN & SAFE JULY 4TH IN YOUR HOMEOWNERS ASSOCIATION

5 SAFETY TIPS FOR A FUN & SAFE JULY 4TH IN YOUR HOMEOWNERS ASSOCIATION

  • Posted: Jul 03, 2020
  • By:
  • Comments: Comments Off on 5 SAFETY TIPS FOR A FUN & SAFE JULY 4TH IN YOUR HOMEOWNERS ASSOCIATION

5 SAFETY TIPS FOR A FUN & SAFE JULY 4TH IN YOUR HOMEOWNERS ASSOCIATION

Any fireworks that explode, emit a flame or spark, performs as a projectile, may be illegal and prohibited in many municipalities by Fire Prevention Codes. Violators could be subject to arrest,  fines, and could be liable for damages or injuries caused by those fireworks.

 

Here are 5 tips to help you have an enjoyable July 4th celebration if it involves fireworks:

1. Use only legally purchased, approved fireworks. Use them as directed, under supervision and clear of any combustible material and clear of all buildings.  Legal fireworks should be used or overseen by a responsible adult. No such fireworks may be thrown into, over, or around other homes, forested areas, or left in the common areas of the HOA. Residents who fail to comply with these restrictions will be held responsible for any damage and repairs.

 2. Local Code enforcement Laws – If you plan on using fireworks you should first check with the local law enforcement or city codes before setting off fireworks. There may be noise ordinances and fireworks may be illegal all together. This goes beyond the governing by your HOA.

  1. HOA Property rules and regulations – If you plan on using fireworks for a 4th of July celebration it is important to check your HOA documents,  Association’s CC&Rs regarding the use of fireworks. You could be in violation of HOA rules or safety rules.

  2. Safety-Insurance – You need to fully understand your homeowners insurance policy regarding your own property damage, accidents or injuries as a result of using fireworks. If your fireworks go or land on another resident’s property or on common areas, you may be responsible for damages to property and accidents or injuries that may occur.

People think sparklers are safe. Some sparklers can attain a temperature as high as 1800 degrees Fahrenheit and cause severe injuries. Whether a spectator or the user of malfunctioning fireworks, victims may be able to seek damages for their injuries.

  1. Littering – Fireworks leave debris, paper shreds, fuses, powder residue and other materials that may leave a mess and be potentially harmful.   Be sure to clean up after your fireworks display. You could incur a fine for littering or damage to yards, sidewalks, streets or other common areas.

To ensure a safe 4th of July, we encourage residents to know and adhere to all policies by your community association and local laws before having a fireworks display.

It is reported that 200 people on average go to the emergency room every day with fireworks-related injuries in the month around the July 4th holiday.

It’s the responsibility of the HOA board to uphold, enhance, and maintain the Association. Reminding residents of 4th of July safety lets them know you care about their safety.  This is why HOA ‘s must implement and enforce rule and regulations to protect the association, homeowners and the community.

It’s not too late to get patriotic and think about your HOA hosting its own July 4th celebration to let members know they live in a fun and safe HOA.

 

 

Below are tips and laws from Consumer product Safety commission

We believe everyone  has the right to celebrate our country’s freedom on the 4th of July with Joy & Enthusiasm. Keep in mind that your right to celebrate ends where the local noise ordinances, laws, your neighbor’s rights and property begins.

 

WASHINGTON, D.C. – This year’s July 4th holiday may look different from most, with many people celebrating from home due to social distancing restrictions still in place to help stop the spread of COVID-19. All too often, however, Independence Day backyard celebrations can end up with a trip to the hospital for fireworks-related injuries.

“Many Americans will not get to see the grand, professional fireworks displays this 4th of July given the cancellations of public celebrations and stay-at-home orders across the country. As an alternative, people are purchasing their own fireworks in an effort to recreate that tradition at home,” said CPSC Commissioner Dana Baiocco. “The need for safety awareness regarding fireworks is greater than ever,” she said, “and anyone who plans to use consumer fireworks this year should review and follow CPSC’s simple safety tips to prevent injuries and incidents.”

The U.S. Consumer Product Safety Commission (CPSC) wants consumers to know the risks of handling fireworks at home, and how to prevent serious injuries and deaths.

Tips to Celebrate Safely

  • Never allow young children to play with, or ignite, fireworks, including sparklers. Sparklers burn at temperatures of about 2,000 degrees Fahrenheit—hot enough to melt some metals.

  • Keep a bucket of water or a garden hose handy, in case of fire or other mishap.

  • Light fireworks one at a time, then move away quickly.

  • Never try to relight or handle malfunctioning fireworks. Soak them with water and throw them away.

  • Never place any part of your body directly over a fireworks device when lighting the fuse. Move to a safe distance immediately after lighting fireworks.

  • Never point or throw fireworks (including sparklers) at anyone.

  • After fireworks complete their burning, douse the spent device with plenty of water from a bucket or hose before discarding the device to prevent a trash fire.

  • Make sure fireworks are legal in your area, and only purchase fireworks that are labeled for consumer (not professional) use.

The Data on Injuries and Deaths

Today, CPSC announced that about 10,000 injuries and 12 fireworks-related deaths were reported for 2019.

There were an estimated 10,000 fireworks-related, emergency department-treated injuries in 2019, with 73 percent occurring during the month surrounding the Fourth of July (June 21-July 21). During that period, sparklers were the number one cause of injuries, accounting for an estimated 900 injuries; 66 percent of the injuries were to males. Similar to 2018’s data, nearly half of the estimated injuries were to individuals younger than 20 years of age. In fact, half of reported sparkler injuries involved children younger than 5.

At least 12 people died from fireworks-related incidents in 2019. Several deaths occurred when victims held and ignited fireworks. In one of the reported cases in 2019, a 21-year-old male was critically injured when lighting mortar-type fireworks on the rooftop of an apartment complex. The firework ignited and exploded while the victim was holding it over his head. The victim was taken to the hospital, where he died five days later.

CPSC has reports of 126 fireworks-related deaths between 2004 and 2019.

Video News Release (VNR)

For lifesaving information:

– Visit CPSC.gov.

– Sign up to receive our e-mail alerts.

– Follow us on Facebook, Instagram @USCPSC and Twitter @USCPSC.

– Report a dangerous product or a product-related injury on www.SaferProducts.gov.

Tags:
CAN I FLY MY FLAG? By Eric Glazer, Esq.

CAN I FLY MY FLAG? By Eric Glazer, Esq.

  • Posted: Jul 03, 2020
  • By:
  • Comments: Comments Off on CAN I FLY MY FLAG? By Eric Glazer, Esq.

CAN I FLY MY FLAG? By Eric Glazer, Esq.

Published June 29, 2020 Eric Glazer 

 

It’s July 4th.  Our country’s birthday.

USA flags will be flying everywhere, even in our community associations and even if the Board in that association says take it down.  With the political upheaval sweeping the country, this year I anticipate receiving complaint about owners or renters displaying flags that are not American flags, but flags that support a specific cause.    The question is…can they do it.  The answer is…not if the Board says they can’t.

The 4th of July – INDEPENDENCE DAY! It’s a day when we all should celebrate the birth of our nation – a nation that was built on the foundation of our CONSTITUTION and the statement: “IN GOD WE TRUST”! It’s a day when we should proudly display our nation’s flag: OL’ GLORY!

Our nation has a lot to be proud of and I think it’s high time to finally teach our kids our proud history. Our kids should know how our forefathers fought for independence and what it all meant. Especially Ivy League students should know who fought in the War of Independence. Aren’t these students supposed to be the “future of our country?”

 

The Freedom to Display The American Flag Act of 2005 states:

A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.

Many proud owners of properties within community associations have proudly displayed “OL’ GLORY” – and paid a heavy price for it in many cases. Lots of lawsuits have been fought over flying “Ol’ Glory!” I can assure you, if you would have all the legal fees wasted here in Florida on these lawsuits, you would be a multi-millionaire.

After the long lawsuit fought by George Andres – nicknamed the Jupiter flagman – we were able to add provisions into the community association statutes (FS 718.113(4)  + FS 720.304(2) that allows owners to proudly fly our national flag (and some others, see statutes). But, what’s new? Some association board members and management companies still haven’t gotten the message.

But this is the 4th of July and we celebrate the BIRTH OF OUR GREAT NATION.

Let’s show our pride in our great nation and proudly fly “OL’ GLORY”!

 

This federal law allows the association to make reasonable restrictions.  Florida codified its own law and states:

For condominiums:

Any unit owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations.

 

For homeowner associations:

Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.

(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.

 

 

An HOA board that did not bother to check out state laws would quickly find itself in a losing position if it tried to enforce a covenant restricting flagpoles – especially where the flagpole was well-maintained and the display was respectable in accordance with the

U.S. Flag Code.

So when it comes to enforcing covenant restrictions – real or imagined – against homeowners displaying flags or building flagpoles, boards should look before they leap.

 

So, the law is clear.  You only have a right to display the flag of the USA.  The stars and stripes.  That’s it.  You have no right to display any other type of flag and your association may require you to take it down.

It’s more important than ever to display the flag.  Do so proudly.

FL Statute 720.304(b)

specifically states: “Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement.”

 

Glazer & Sachs, P.A.

Florida Homeowners’ Association and Condominium Law Attorneys

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

 

 

Tags: , ,
Reopening a Fitness Center – How a Miami Luxury Hi-Rise Handled It.  by BuildingLink

Reopening a Fitness Center – How a Miami Luxury Hi-Rise Handled It.  by BuildingLink

  • Posted: Jun 29, 2020
  • By:
  • Comments: Comments Off on Reopening a Fitness Center – How a Miami Luxury Hi-Rise Handled It.  by BuildingLink

Reopening a Fitness Center – How a Miami Luxury Hi-Rise Handled It.  by BuildingLink

 

New York may be a long way from Miami, but Miami is deep into its Phase Two reopening and it can provide some lessons for building managers in the New York area who are eager to open up their amenities to residents.

On June 8, Miami-Dade County allowed fitness centers/gyms to reopen. A look at how one building reopened can provide valuable lessons. The Continuum is a 523-unit luxury condominium in South Beach managed by Marquis Association Management, and it is using a suite of products from BuildingLink to keep residents safe and reduce liability.

A fitness center or gym is by far the most difficult common-area amenity to reopen. No other amenity involves so much physical contact – and so much respiratory risk. The Continuum board wanted to ensure that the property reopened in a way that prioritized the comfort and safety of residents while keeping them informed of new policies.

“It’s a big moment for us, but we prepared properly and are ready for the residents to utilize the fitness center again” says Alex Varona, resort manager at the Continuum. It took a lot of work and planning.”

According to local regulations, fitness centers can operate at 75% of normal capacity with a minimum social distancing of 10 feet. It must also be cleaned and disinfected regularly. The Continuum’s fitness center spans three floors. Eighty is the normal occupancy level, but that has been reduced to 20 people. Many new programs and policies were put into place for safety. Equipment and soft goods, such as yoga mats, have been removed. Spacing between machines has been increased. Barriers were added. Drinking fountains were turned off and replaced by free bottled water.

In addition, as an advanced user of BuildingLink , The Continuum utilized existing BuildingLink features as well as new sensors from the Aware by BuildingLink team. The challenge: the gym ad to operate at less than full capacity while contending with pent-up demand for use. The solution was to configure the BuildingLink Amenity Reservations module to allow residents to make reservations for one-and-a-half hour workout slots. The 30 minutes at the end of each workout was reserved for the fitness center staff to clean the equipment and common areas.

 

The Amenities Reservation module provided the Continuum team with the ability to limit the number of reservations per resident and even to restrict new reservations from being made more than a day in advance.

“The system allows us the flexibility to change as needed in order to accommodate the rules and regulations being enacted by our local officials” says Ena Rivera, general manager of the Sporting Club and Spa at the Continuum.

It doesn’t stop there. As members enter the facility at their reserved times, they must first pass an automated health-check kiosk to take their temperature and verify that they are wearing a face mask. After that, they are welcomed by a message from the BuildingLink NetVoice Annunciator product. NetVoice is a network-connected speaker that is connected to a public address system to send scheduled and on-demand vocal notifications to residents. NetVoice also reminds the resident when it is almost time to leave, saying: “Dear residents, thank you very much for visiting us today. We hope you enjoyed your time in the Sporting Club. We kindly ask that you finish your workout in the next 10 minutes so that our team can clean and sanitize for the next group. We look forward to seeing you again soon.”

“The residents prefer to have the automated system reinforcing the rules and informing them of the gym schedule. It is less intrusive than having a person walk around and remind them,” explains Varona.

After residents depart, the cleaning crew begins its work. As the crew moves from one location to another, it uses the Aware button logging system to indicate which areas have been thoroughly cleaned and disinfected. BuildingLink tracks this data for both residents and managers. Residents can see the data on their BuildingLink app or upon entering the gym, giving them additional peace of mind that the equipment is clean. Managers now have a log that the cleaning policy was enforced, thereby reducing potential liability if someone gets infected.

“The residents have been very supportive,” observes Rivera. “They all understand the situation. And they are excited to be able to get back into the gym. But they still want to protect themselves. BuildingLink’s tools and our policies have allowed them to feel comfortable and confident.”

 

Aware by BuildingLink

Aware is a division of BuildingLink that provides technologies that unlock building data and grant property managers the actionable insights needed to help reduce costs and improve the quality of life for residents and staff. Aware’s smart sensor solutions identify problems in buildings such as water leaks, mechanical system failures, elevators in need of repair, monitor noise situations, and manage parking systems.

For questions and inquiries contact: aware@buildinglink.com

Thank You for a great article – for SFPMA and its Members. 

Richard Worth
Regional Sales Director – Florida
407-529-6063
Richard@BuildingLink.com

 

 

More information:

Aware COVID Related Solutions: https://www.aware.buildinglink.com/covid

Aware Button Logging Solution: https://www.aware.buildinglink.com/button-logging

Aware NetVoice Annunciator: https://www.aware.buildinglink.com/netvoice

Aware Fitness Center Monitoring App: https://www.aware.buildinglink.com/fitness-center

 

 

Tags: , ,
Attn: All Managers, Condo and HOA Boards. Sanctuary Gardens, A Full Garden Center for all of your Plant, Bushes and Tree Landscaping Needs

Attn: All Managers, Condo and HOA Boards. Sanctuary Gardens, A Full Garden Center for all of your Plant, Bushes and Tree Landscaping Needs

  • Posted: Jun 29, 2020
  • By:
  • Comments: Comments Off on Attn: All Managers, Condo and HOA Boards. Sanctuary Gardens, A Full Garden Center for all of your Plant, Bushes and Tree Landscaping Needs

Attn: All Managers, Condo and HOA Boards.
Sanctuary Gardens, A Full Garden Center for all of your Plant, Bushes and Tree Landscaping Needs

Fab Nunez V.P
954-394-4625
Sanctuary Gardens

New Members of SFPMA

Landscape with a Full Garden Center for all your design needs


Come visit our garden center, we offer a wide variety of palms, plants, trees, and accessories. We always do our best to accommodate our clients in every possible way. Whether you are looking for garden accessories or ideas you’ll be sure to find it here. We have a live showroom where you can see the type of waterfalls we do, interactive portfolio, and intensive detailed pictures of our landscape design. If we do not have what you are looking for, we will try all of our sources to find it for you. We also offer delivery to many parts of South Florida.
https://sfpma.com/listing/sanctuary-gardens/

Caladiums! #landscapephotography #seasonal #flowersofinstagram #landscape

Tags: , , ,
The future of cities:  How are public space and social life going to change with Covid-19?

The future of cities:  How are public space and social life going to change with Covid-19?

  • Posted: Jun 29, 2020
  • By:
  • Comments: Comments Off on The future of cities:  How are public space and social life going to change with Covid-19?

The future of cities:  How are public space and social life going to change with Covid-19?

The Covid-19 crisis will bring big social consequences, which will radically change both our human relations and the spaces these inhabit. As the concentrated manifestation of the contemporary world they are, cities are going to be hit by this shifting paradigm.

Urban spaces will have to readjust their design and their infrastructures to the new reality. Also our social interactions will change. We will no longer have so much interaction with others when we go out. Some cultures –the warmest ones– will even have to change more dramatically. We wonder: What will happen with the two or three kisses, traditional in some Southern European countries? Or with the shake of hands, used in Anglosaxon cultures? This situation of “physical distance” will lead us to develop a more virtual life, where online platforms will become, even more, the new public sphere.

How is the future in our cities going to be? How is this crisis going to transform our public space and social life in cities? We do not know yet. The only thing we can do right now is to assess what is happening and learn from the outcomes in order to make cities better in the future.

 

 

 

1 | Bringing People Together but Keeping Them Apart

A big part of urban planning’s history has consisted of managing our way out of infectious diseases and pandemics. Today, Covid-19 is challenging urbanization again, re-opening the debate regarding which city model is preferable: urban sprawl or urban densification. While densely populated and hyper-connected cities are more efficient and sustainable, they can amplify pandemic risk of transmission.

Thus, cities –especially densely populated ones– will need to create and adapt public environments and infrastructures to be livable, safe, agile and adaptable. Hence, tactical urbanism –short-term, low-cost, and scalable interventions– can play a big role in shaping and implementing pilot projects. Likewise, community involvement is essential as it allows for the acquisition of local knowledge while ensuring public compliance with policy decisions.

 

2 | Adapting Urban Environments to New Necessities

Due to the Covid-19 pandemic, both urban facilities —public transport, leisure, shops, etc.— and public spaces will have to adapt so all preventive measures are fulfilled. 

Indoors, regulations will be more rigorous: cleaning and disinfection will be done with higher frequency, new measures such as hand sanitizers use or shoe sole cleaning will be implemented, and their capacity will need to be reduced to comply with physical distancing. Additionally, protective equipment —masks, gloves, screens, sensors, etc.— and access control methods will be installed to avoid any risk of transmission and infection.

 

3 | Housing as a Right & Multifunctionality as a Must

Stay-at-home policies are exacerbating inequalities as large parts of the worldwide population live in slums or do not have a home at all. To top it off, common places to find shelter or bathrooms —libraries, gyms— are closed. Consequently, as the coronavirus spreads, these groups are the most vulnerable.

This leads to the conclusion that, after Covid-19, the design of indoor environments will have to change. If people are to spend more time indoors, homes will need to accommodate more uses. Apartments will have to be properly ventilated and better lit in order to improve living conditions and avoid entirely sealed buildings recirculating pathogens through their systems. Shared spaces will need to be rethought as well. 

 

4 | Adjusting Everyday Life to the “New Normal”

The pandemic affected almost every aspect of people’s life, and at the moment, going back to old habits does not seem a possible scenario. So what will the “new normality” look like?

Local and international mobility will be monitored and controlled, while cities are already trying to reorganize flows, reschedule working and school activities to avoid concentrations during rush hour. We will have to get used to new routines and social behaviors, which could radically change our way to use the public space.

The psychological effects of stay-at-home policies and physical distancing will be strong, especially in those cultures where gatherings and open-air activities are at the core of social life. Everything considered normal until a few months ago could dramatically change, not only because of the new rules and restrictions, but also because of people’s fear to physically interact with others.

 

5 | Physically Apart but More Connected than Ever?

The “new normal” will also have a direct effect on the use of urban spaces, in a context where there will be a drastic shift from developing social life outdoors to being more confined. A higher consumption of Internet-based activities (online shopping, telemedicine, macro-events, arts and leisure, etc.) will become more usual. Despite the big challenges this shift will bring, it also represents an opportunity for all these activities to reinvent themselves by means of innovation and new technologies. 

The counterside of this new virtual life’s technological high dependence will widen social inequality. As not everyone counts with appropriate Internet connection and digital devices, this crisis is an opportunity to rethink the future feasibility of telematic education and work models improvised during quarantine. In the applicability to the “new normal”, it will be essential to set up regulations that guarantee social inclusion.

 

6 | Building More Resilient Communities

The health crisis has clearly revealed the vulnerabilities of the most disadvantaged groups. The need to respond to their necessities during the lockdown has demonstrated to be even more pressing than before. Many municipalities developed plans to support low-income families, elders or precarious workers, but at the same time bottom-up mobilization of neighbors’ associations and self-managed organizations revealed to be very important assets for local communities.
 
Nevertheless, as the lockdown ends, the structural socioeconomic problems that the coronavirus has revealed will stay. This demonstrates the importance of establishing safe ways to assist elderly people and to protect precarious workers or domestic caregivers, as well as supporting parents in reconciling their professional and personal life. Achieving this will represent a major step towards a more resilient society.

 

Social inequalities and class differences have manifested more obviously – with “essential” workers having to go out to work; housing conditions being very different for everyone during the confinement or the impossibility to access new technologies for several social groups. Issues that have made even more clear the fact that we live in an unequal society that is susceptible to collapse in front of any crisis.

If in the last decades the way how governments and corporations gather data from individuals for Big Data purposes has been on the agenda of all discussions, the Covid-19 crisis will widen the debate. The need for more discipline and new regulations can inevitably lead towards a situation of social control. In this new context, there will be a need to find a balance between establishing safety, health and well-being for everyone, but respecting the individual and collective freedom at the same time.

However, despite the impact Covid-19 is going to have in cities, we should really consider this crisis as an opportunity to rethink our cities and create more resilient communities and livable environments.

 

 

By 

Tags: , ,