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WEBINAR: GUEST RESTRICTIONS AND SCREENING by Kaye Bender Rembaum Today at 1pm Register Now..

WEBINAR: GUEST RESTRICTIONS AND SCREENING by Kaye Bender Rembaum Today at 1pm Register Now..

  • Posted: Jun 16, 2020
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WEBINAR: GUEST RESTRICTIONS AND SCREENING by Kaye Bender Rembaum

by KBRLegal.com

Date/Time
Date(s) – 2020-06-16
1:00 pm – 2:00 pm

Location
Pompano Beach Office

Course #: 9630142 | Provider #: 0005092  |  1 CE Credit in HR or ELEOne registrant per form will be accepted.
Limited to the first 100 to register

REGISTER HERE

Online bookings are not available for this event.

 

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Online Courses for Licensing can be completed while your at home.

Online Courses for Licensing can be completed while your at home.

  • Posted: Jun 09, 2020
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Become a Licensed Property Manager

Online Courses for Licensing can be completed while your at home.

This might be a great time to Take your online Testing and become a CAM

CAM License Courses and Board Members Certification in Florida

 

 

In the state of Florida owners contract Services with a broker and a sales associate is an agent of the broker.

As you were thinking of starting up property Management Services sometimes working with a broker for sometime can help you create relationships with other sales associates in that office that can prove to be good referrals. If you’ve had your license for 5 years you would qualify to get your broker’s license and when you feel comfortable it may be a good time to transition to your own company or even a different franchise. the property management association is a good tool, there is an enormous amount of liability and property Management.

 

 

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Here’s how the coronavirus pandemic will impact hurricane season in Florida

Here’s how the coronavirus pandemic will impact hurricane season in Florida

  • Posted: Jun 09, 2020
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Here’s how the coronavirus pandemic will impact hurricane season in Florida

COVID-19 forcing state to revisit evacuation, shelter plans

Preparing for hurricane season is always a daunting task for many Floridians, but with the coronavirus pandemic adding a few extra barriers, your preparations will likely require a few extra steps this year.

According to Eric Alberts, Orlando Health’s corporate director of emergency preparedness, thanks to COVID-19, there are quite a few extra things you’ll need to take into consideration and plan for before a storm.

For example, will you be able to find the supplies needed for your storm kit with stores sold out of certain items due to shoppers hoarding them during the pandemic? And if you’re one of the countless Floridians who is out of work because of the health crisis, how can you afford to properly prepare your home for a storm or repair damage still left behind from a previous one? Oh, and let’s not forget the price of insurance. What about shelters? What will those look like now that the CDC is asking everyone to practice social distancing?

We know those are probably just a few of the concerns you have, so News 6 anchor Ginger Gadsden spoke to Alberts to tackle them one by one and find out everything Floridians should consider when preparing for a storm.

 

Supplies

Let’s start by talking supplies.

Of course, you’ll need the items that have always been recommended in a hurricane kit – you can find a complete hurricane preparedness checklist available for download here – but that’s not all, according to Alberts.

“You can’t just think about having at least 72 hours of food and water, medications, flashlights, batteries and all that other stuff. You also have to think about your health,” Alberts said. You’re going to have to think through masks and whether you have additional masks, wipes or sanitary wipes. You’ve got to think through gloves in certain situations, protective clothing, in some regard.”

Some of the additional items Alberts listed, including masks and gloves, have been difficult to come across because of the coronavirus pandemic, which is why he recommends starting your supply search sooner rather than later.

 

“Start now and don’t wait until the hurricane’s here because you definitely won’t be able to get it then,” Alberts said. “And unfortunately, I don’t believe that these supply shortages are going to go away anytime soon. I think they’re going to last through at least the summer at some point.”

State officials have said they’re also taking this into consideration as they revisit their plans for hurricane season.

Division of Emergency Management Director Jared Moskowitz said his agency has arranged to add face masks to the state’s stockpile of storm supplies.

“We’re going to have 10 million masks in reserve by the time the hurricane season starts,” Moskowitz said. “And we signed a long-term deal with Honeywell to help get us 12 million N95 masks over the next year directly from the manufacturing plant, with a significant portion of that being delivered during hurricane season.”

Alberts said that even if the personal protective equipment shortages let up, it could still be difficult to find the right supplies because of shoppers who hoard them when they are available in fear of not being able to find them next time they need them (same goes for toilet paper, as we all know by now).

“Even if the items do begin to hit the market or go back on the market, some people will still do hoarding, they’ll still end up buying supplies for their families and their friends. They know they can’t get it and that will put a strain on the system for quite some time,” Alberts said.

Alberts said when it comes to hurricanes, the bottom line is: You need a lot of supplies. Add COVID-19 into the mix and you need even more. His best advice? Start gathering those items now, because they may only be more difficult to find when you actually need them.

 

 

Preparing your loved ones

Alberts said it’s important to not only get supplies and plans in order for yourself but also those with whom you live and others you might care for, especially if they have any special needs.

With many still feeling on edge because of the pandemic, it may be difficult to have the conversation, but Alberts said it’s important you don’t want to prepare your family’s emergency plan.

“Now’s the best time to get your kit and your plan together. So what I mean by that is, you know, you live with others, whether it be your significant other, your family or friends. Just get them together and just sit down and talk to them,” Alberts said.

While building your plan, Alberts said you should ask yourselves, “What is it we’re going to do if we experience a tropical storm or hurricane soon or later in this season?”

From there, he recommends you start writing things down and finalizing a game plan that you’ll all be ready to put into action at any given time.

“Whatever you talked about or you wrote down, make sure you actually do it. People need plans, they need education, they need training. And if you don’t have that, then you feel weakness, you feel fear, and you feel susceptible to rumors, and chaos and stress,” Alberts said.

He said having that plan in place and knowing everyone is on the same page will help ease some of the anxieties that could come with uncertainty in the future.

If anyone in your family has special health needs, Alberts said you’ll want to keep those in mind and include any extra steps you might need to care for them in the event of an emergency in your family’s plan.

 


 

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visit our website www.aruba-services.com and we can help you with your new shutters!

 

 


Alberts recommends individuals with special needs register with the Florida Special Needs Registry.

He said doing so will inform local officials that a member of the community is at risk and allows them to reach out before a storm and make sure the individual with special needs is safe. Officials can also reach out to those who are registered to follow up with them after a storm.

 

Caring for the elderly

Just as you should for other members of your family, Alberts recommends keeping the care of any elderly family members a priority in your preparedness plan.

Get any medication and other needed supplies in order ahead of time so they’re ready if and when your family needs to evacuate.

If your loved one is a resident at a long-term care facility, Alberts recommends having storm prep conversations with those who work at the facility, especially in the months following the COVID-19 pandemic, with visitations temporarily paused to protect the health of the most vulnerable population.

“Well, it really depends on where we’re at in response to COVID-19. They may still be in the status of not allowing others into their facilities. So if that’s the case, you really end up having to trust the management and the administration of that facility to do the right thing for your loved one. And you always have the right to call them and ask for their administration,” Alberts said.

He said you should ask the administration at the facility about their plans for emergencies so that, if you’re uncomfortable with them, you have time to make changes.

“I hate to say it this way, but put some pressure on them if you don’t feel comfortable with their actions. You know, if there’s a tropical storm or hurricane coming directly at that facility and you don’t feel safe with them being there, then you can really impress upon them how you feel and that your loved one really needs to be moved somewhere else,” Alberts said.

Alberts said don’t be afraid to call and ask to speak with the facilities’ leadership because the person at the front desk may not have all the answers.

He said to call and ask if you should drop off any extra tissues, sanitary or moisturizing cloths or even medication to let them know you’re planning for the care of your family member and they should step up their planning efforts, too.

 

 

Preparing your home

It’s not uncommon to drive around Florida and see blue tarps on homes months after a major storm hits part of the area. Something you don’t want to see, though, according to Alberts: Blue tarps still being used as we enter the next storm season.

Alberts said Floridians should work to have any home repairs completed by the time hurricane season arrives so that their home can better weather the next storm.

With many Floridians unemployed due to the pandemic, covering those repair costs may be difficult to impossible for anyone struggling to make ends meet.

Alberts’ advice is to financially plan as much as possible and look for any opportunities to save so that you have some extra funds available in the event of an emergency.

“One of the recommendations is to have additional monetary savings with you so that you’re able to pay for response and recovery efforts,” Alberts said.

Some people will opt out of insurance to save some money when their budget is tight, but Alberts said that presents its own set of risks and could actually cost you more down the road, should a storm damage your home.

“When you’re low on financial or monetary funds, you often think, ‘Hey, can I just not pay this insurance?’ or, ‘Hey, I don’t need this anymore,’ but with that comes a lot of additional risks or hazards or threats to your own financial well-being, right?” Alberts said. “So if you have damage at your home, or even your business, how are you going to go ahead and pay for that if you don’t have the necessary insurance?”

 

Safely seeking shelter

If you’ve ever visited a storm shelter while a hurricane was threatening Florida, you know they can get pretty crowded.

With social distancing now required or strongly encouraged in most places and COVID-19 still expected to be around through hurricane season, public shelters will likely look different than they have in the past, according to Alberts.

“When you think of shelters for hurricanes, and you’ve seen pictures or videos before, you’ll probably see a lot of mass gatherings of people for extended periods of time. Well, we can’t really do that now with COVID-19,” Alberts said. “So, you know, local, state and federal partners are really looking at the sheltering models to say, ‘Hey, what can and should we do in our shelters (to) minimize the impact of COVID-19 on the shelter as well?’”

Moskowitz said Florida emergency officials have been working with FEMA to revise their plans for evacuations and shelters.

In early May, state officials said they were looking at protocols for shelters that range from separating people based on temperature checks to non-congregated sheltering in hotels.

FEMA has since released its COVID-19 Pandemic Operational Guidance for the 2020 Hurricane Season, which outlines how the agency plans to adapt its response and recovery efforts in light of COVID-19.

Alberts said when it comes to evacuating to a shelter, Floridians should keep the following tips in mind:

“If it’s a shelter, just make sure you follow social distancing with COVID-19 and just take your extra precautionary measures with your personal protective equipment. Make sure that you’ve got your required medications and you’ve got your legal documents, any kind of insurance and identification. Make sure those are in a waterproof sealable bag because you don’t want to be hunting for those whenever it’s time to leave,” Alberts said.

 

Plan ahead

Alberts said planning for a hurricane requires a lot of preparation and supplies, and planning for storm season with a pandemic still underway requires even more. The most important thing Floridians can do to make sure they’re ready for hurricane season, according to Alberts, is plan ahead.

“The recommendation there is to start building your plan now, start building your kit now. Don’t wait until a hurricane is knocking at the door so to speak, you know, start the efforts now to get the supplies that you need. Don’t wait.”

 

 

 

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Stay Ahead of the Curve:  Lessons in Technology Learned from Covid-19 by Jeffrey Rembaum, Esq.  Kaye Bender Rembaum

Stay Ahead of the Curve: Lessons in Technology Learned from Covid-19 by Jeffrey Rembaum, Esq. Kaye Bender Rembaum

  • Posted: Jun 04, 2020
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Stay Ahead of the Curve:  Lessons in Technology Learned from Covid-19

by Jeffrey Rembaum, Esq.   Kaye Bender Rembaum

 

The statutory emergency powers granted to community associations as a result of the Covid-19 State of Emergency proved to be a valuable resource for the orderly operations of Florida’s community associations. Many associations had to make significant changes to how they conducted the business of their association. For example, holding board meetings via “Zoom” and “GotoWebinar” became invaluable. But, when the State of Emergency is over can annual meetings and board meetings continue to take place on the internet? Sure they can, subject to the important considerations explained below. In addition, what other technologies can be utilized by the board?

 

 In fact, at the present time there are three statutory grants of technology that an association can utilize to make conducting the business of the association easier on a regular basis. They include, holding meetings electronically, voting electronically, and using email as an official means of communication to the members rather than the U.S. Postal Service. Electronic board meetings allow the board to continue conducting the business of the association without putting themselves or others in harm’s way. But even more than that, by attending electronically think of all of the gas that is saved since no one has to drive to the meeting. More than that, think of the extra time spent not driving or walking to the meeting and how it could be used as family quality time or just to relax.

 

However, if the board chooses to use video conferencing, it is important to remember that the board must comply with the statutory provisions regarding board meetings. The members must receive notice of the meeting pursuant to the bylaws of the association, and in any event, at least 48 hours in advance of the meeting. Additionally, condominium association members must have the right to speak to all designated agenda items and HOA members also get the additional right to speak on any item discussed by the board (this is because from a strict statutory interpretation condominium association boards are only supposed to address what is set out on the agenda, while such restriction does not apply to HOA boards). Remember, there is no exception to the meeting notice requirements and the need to provide opportunity for member comment. Therefore, any video conferencing software the board utilizes must allow members to virtually attend the meeting and have the opportunity to speak.

 

The second technology that associations can utilize to make life easier is electronic voting. Florida law allows condominiums, homeowners associations, and cooperatives to conduct elections and other owner votes electronically. When an association board adopts electronic voting, each member of the association must opt in, in writing, and can then vote safely from the comfort of their own home. Imagine all of the time saved by punching a computer button to get the tally, rather than counting by hand, in some instances over 1,000 votes!

 

To adopt electronic voting, the Board must first adopt a resolution authorizing an online voting system. The board resolution must provide that members will receive notice of the opportunity to vote online and must establish reasonable procedures and deadlines for members to consent, in writing, to online voting, and procedures for members to opt out of online voting. Once the board has approved electronic voting, the board must select an online voting system that complies with the requirements of Florida law. The online voting system must be able to do the following: (1) authenticate the owner’s identity, (2) authenticate the validity of each electronic vote to ensure that the vote is not changed during transmission, (3) transmit a receipt to each owner who casts an electronic vote, (4) be able to separate any authentication or identifying information from the ballot when voting must be done by secret ballot, and (5) be able to store and keep electronic votes accessible for recount, inspection, and review purposes.

 

Please take note that the board cannot force owners to vote electronically. Thus, a necessary step is to obtain each member’s written consent to participate in electronic voting. If an owner does not consent or opts out of electronic voting, then the board must allow that owner to paper vote.

 

The third technology an association can utilize which saves money, paper and time, is using electronic notices for official association communications. In other words, give up postage stamps in favor of using e-mail. Generally, associations are required to send official notices via mail or hand delivery. However, the association may choose to send notice via e-mail but only if an owner has provided their written consent to receive their notices electronically.

 

E-mails used for official association communications can only be sent to those owners who consent, in writing, to receive their official notices by electronic transmission. The written consent must specifically authorize the association to transmit notice electronically. An owner who has consented to electronic notice may opt out at any time. The association must retain a roster of the e-mail addresses and the written consents of owners as an official record of the association. The member is responsible to ensure the association’s emails are not blocked or categorized as spam. Failure to receive an email due to a member’s inability to receive the email will not be a valid reason for objecting. Budget adoption notices, annual meeting notices, election notices, board meeting notices and so much more can be provided via email.

 

  Over the last several months, many associations have had to learn how to utilize technology to conduct the business of their association during the Covid-19 pandemic. Some have done so correctly and likely others have not. Thus, in utilizing any of the technology discussed in this article, an important step is to consult with your association’s attorney to ensure proper compliance with all the statutory requirements. Let us also turn a negative into a positive by continuing to use technology to assist the association with smooth operation. Who knows, perhaps one day, there will be a way for members to virtually enjoy the amenities, too. Until then, you’ll find me at the pool deck.

 

 

Jeffrey Rembaum’s, Esq.

legal practice consists of representation of condominium, homeowners, 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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Most people do not give much thought to their pipes – until they stop working by Ronnie Giles of PRS

Most people do not give much thought to their pipes – until they stop working by Ronnie Giles of PRS

  • Posted: Jun 04, 2020
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Ronnie Giles 561-602-8660

Sr. Account Manager Florida East Coast

CAI Business Partner Certified

#CGC 1517755 / #CFC 1429221

PRS_FinalFiles

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Is This A Better Way to Conduct Board Meetings? | Axela Technologies

Is This A Better Way to Conduct Board Meetings? | Axela Technologies

  • Posted: Jun 04, 2020
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Is This A Better Way to Conduct Board Meetings? | Axela Technologies

This Pandemic has been a horrific human tragedy, and by no means can there ever be a silver lining. At best, we’ve learned some lessons, and new ways of doing business have been established as viable.

One of these things that we have learned is how we can improve community association board of director meetings.

 

Some Lessons Learned from the Pandemic

Companies have learned that remote working does not degrade productivity and perhaps even improves it. I would expect that in the future that “hot bunking” work stations in offices will allow companies to hire more people without having to expand to a larger space.

From a community association perspective, the greatest thing that has been discovered is the unbelievable success of video conference meetings.

 

Problems With Traditional Board Meetings

I have been to my share of community association meetings and usually, there are two problems:

  1. The membership usually fails to understand that a board meeting is NOT their meeting. Membership meetings are one thing but board meetings are another.

    The membership is positioned as observers who may articulate their issues in an open forum at the beginning or end of the meetings.  Board meetings may allow for an open forum but seldom do members sit and wait their turn.  Instead, it is often the case that they interrupt their elected directors from conducting meetings. This takes people off subject and often leads to confrontations.

  2. Many meetings are scheduled at inconvenient times so that members cannot attend, and that is a very bad practice. Sometimes these meetings are scheduled by design to minimize attendance, and sometimes they are held during work hours when people simply cannot attend.

 

Digital Board Meetings Are Just Better

Video conference meetings allow all members of the association an opportunity to see their community association board of directors as work.

It has been quite an eye-opener. More than that, it has been a brilliant experience for me to see how an unruly gathering can be changed into an orderly business meeting.

If I had my choice this would be the only way to perform board meetings going forward.

One Potential Drawback

The only drawback is that there are people who don’t have the technical skill or equipment to be able to participate in such a meeting.

My dear 92-year-old mother would love to have a computer but I won’t get her one until she figures out the remote control. I’ve done everything I can to help her learn, but mastery eludes her.

Getting people with limited technology experience to be able to attend will be the challenge if meetings go completely digital.

I invite suggestions.

 

Digital Meetings Are Better for Everyone

Regarding the first problem of unruly and disruptive meetings, a video conference has the best feature and it’s called a mute button. (My wife has been trying to get one for my big mouth for years, but I digress.)

In the past three months and countless meetings, I have never experienced such orderly, productive meetings, and considering these difficult times it has been a Godsend.

  • The board gets to conduct their meetings without being interrupted by members who come with personal agendas and the agenda is adhered to.
  • The members can be heard loud and clear during the open forum portion of the meeting, so they are not ignored or interrupted.
  • The administrator can record the meeting for prosperity, and minutes can then be properly composed.

It’s a perfect way to conduct board meetings and produce very effective results. This Pandemic has been tragic, but this is one small lesson or process that we can now say was an unintended benefit of a very unfortunate situation.

 

 

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WEBINAR: Association Operations During COVID-19 – A Castle Group and Kaye Bender Rembaum, P.L. Webinar

WEBINAR: Association Operations During COVID-19 – A Castle Group and Kaye Bender Rembaum, P.L. Webinar

  • Posted: Jun 02, 2020
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Association Operations During COVID-19 – A Castle Group and Kaye Bender Rembaum, P.L. Webinar

Date/Time
Date(s) – JUNE 4th, 2020
12:00 pm – 1:00 pm

Location
Pompano Beach Office

REGISTER HERE

Castle Group invites you to join episode 4 of Association Operations During COVID-19 with a focus on opening community amenities and morePanelists include Craig Vaughan, Castle Group, President and Michael S. Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, P.L. – Board Certified Attorneys in Condominium and Planned Development Law.

Castle Group invites you to join episode 4 of Association Operations During COVID-19 with a focus on opening community amenities and more. Panelists include Craig Vaughan, Castle Group, President, and Michael S. Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, P.L. – Board Certified Attorneys in Condominium and Planned Development Law.

Register to attend by https://castlegroup.zoom.us/webinar/register/WN_lInnKQ_6QtS3C3qouWz9XA.

 

 

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PPP Loan Forgiveness and EIDL Loans by RMS Accounting & Royale Management Services

PPP Loan Forgiveness and EIDL Loans by RMS Accounting & Royale Management Services

  • Posted: Jun 02, 2020
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PPP Loan Forgiveness and EIDL Loans

by RMS Accounting & Royale Management Services

 

JUNE 3rd, 2020 @9am

Good news, if you missed our recent webinar on PPP Loan Forgiveness and EIDL Loans you’re in luck! The demand for this webinar was so great that we’ve decided to have a second for those who were unable to attend.

Small business owners you don’t want to miss out on this valuable information that could have a big impact on your business.

Sign up for the PPP Loan Forgiveness and EIDL Loans Webinar using the link below:

https://zoom.us/webinar/register/8315904320497/WN_YyMrvspoTkK6tejPRYsENQ

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WE ARE CONTINUING  TO CERTIFY HUNDREDS OF YOU! by Eric Glazer

WE ARE CONTINUING TO CERTIFY HUNDREDS OF YOU! by Eric Glazer

  • Posted: Jun 01, 2020
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WE ARE CONTINUING TO CERTIFY HUNDREDS OF YOU!

Just because we’re stuck in our homes doesn’t mean we can’t get together —- and learn together — remotely – in a safe and fun way.  NO EXCUSES.
Florida law allows the Board Certification class to be taught via a video conference and that’s exactly what we’re doing.
Turn off the news for a few hours and let’s try to have some fun instead. 
 

We have ANOTHER class scheduled:

NEXT CLASS – JUNE 11th, at 6:00 P.M.

If you want to sign up, just provide us with an an e-mail address.  I will then send you a link that you need to click on to start the live seminar.  Make sure to go to: GoTo Meeting
in advance to simply download the program.
Like always……IT’S FREE.
So let’s do this together!

If you want to register, send an e-mail to:

lydia@condo-laws.com

 

Just say you are registering for the class. You will then get a copy of the link to click on before the seminar starts.
After the on-line seminar, you will be e-mailed your certificate and materials.
Let’s make the best of the cards we were dealt.  Let’s get together and do something fun and useful.
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.  We will all get through this in time.
Hoping to see you (on my computer).
Sincerely,
Eric Glazer
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HOT TO GET THE VOTE- There are two methods of obtaining the votes. by Kaye Bender Rembaum

HOT TO GET THE VOTE- There are two methods of obtaining the votes. by Kaye Bender Rembaum

  • Posted: May 29, 2020
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HOW TO GET THE VOTE – There are two methods of obtaining the votes.

by Kaye Bender Rembaum

Your association’s board has worked for six months to amend and restate the association’s governing documents, including the declaration, articles of incorporation, bylaws, and even the rules and regulations. The board has met with the association’s lawyer on several occasions, reviewed and provided comments on multiple drafts, and even arranged for multiple meetings with the membership to solicit comments and generate enthusiasm. There are two methods of obtaining the votes. The first is to notice a meeting of the members and use proxies for those who cannot attend. The other is to use, the often neglected, but still effective, written consent in lieu of a meeting process.

The time is finally come – the notice package to be sent to the members is in the mail. A week goes by, and very few proxies are returned. Worse still, on the night of the membership meeting, where it is hoped that the amended and restated governing documents will be approved, only several owners personally attend. Needless to say, not only are there an insufficient number of votes, but there isn’t even a quorum. What is the board to do?

All is not lost, and there is still plenty of time to solicit the necessary member votes so long as the meeting for which the proxies were intended is not concluded. Once the membership meeting is concluded, any and all proxies die an immediate death! But, if the membership meeting is continued to a “time, date, and place certain” then, all of the proxies continue to live for 90 days from the date of the meeting for which they were initially intended.

 

If a quorum is attained, but not the number of necessary votes, then, any member in attendance can make a motion to suspend the meeting to a time, date, and place certain, so long as the meeting is resumed within 90 days of the date of the initial meeting. Then, the motion should be seconded. A vote of those in attendance, in person or by proxy, should follow such that the majority cast their vote in favor of the continuance. If neither a quorum is attained, nor the number of necessary votes, then the one item of business that can occur, even without a quorum, is a motion to continue the meeting to a “time, date, and place certain.” Again, the motion should be seconded and a vote of those in attendance, in person or by proxy, obtained.

This “continuance” process can be used as many times as necessary, so long as 90 days from the date of the initial meeting have not expired. Once the 91st day is reached, then all of the proxies are as good as dead. Because the meeting is continued, there is no need to re-notice the meeting each time it is reconvened. However, minutes should be taken so that there is an accurate record.

When describing the continued meeting in the minutes, the word “adjourned” could be interpreted to mean that the initial meeting concluded or it could be interpreted to mean that the meeting was continued, therefore it is advisable to not use the word “adjourned” in the minutes to reflect that the meeting was continued. If the meeting is continued, then use the word “continued.” This will avoid any confusion whatsoever.

Remember, too, that a “general proxy” allows the proxy holder to vote as they so choose, while a “limited proxy” directs the proxy holder to vote as the giver of the proxy instructs.

Utilization of the written consent in lieu of a meeting process will fully avoid the need to have the membership meeting but will still require that the necessary votes are obtained within 90 days. The written consent in lieu of a meeting process is described in Chapter 617 of the Florida Statutes, more commonly known as the “Florida Not For Profit Corporation Act,” and not Chapter 720, Florida Statutes, more commonly known as the “Homeowners’ Association Act.”

Unless otherwise provided in the articles of incorporation, an action required or permitted by the Florida Not For Profit Corporation Act to be taken at a meeting of members may be taken without a meeting, without prior notice, and without a vote if the action is taken by the members having at least the minimum number of votes necessary to authorize the action.

To be effective, the action must be evidenced by one or more written consents describing the action taken, dated, and signed by approving members having the requisite number of votes and entitled to vote on such action, and delivered to the association.

Written consent to take the action referred to in the consent is not effective unless the consent is signed by members having the requisite number of votes necessary to authorize the action within 90 days after the date of the earliest dated consent. Importantly, within 30 days after obtaining authorization by written consent, notice must be given to those members who are entitled to vote on the action but who have not consented in writing. The notice must fairly summarize the material features of the authorized action. Remember, too, that once the necessary written consents are obtained, there should be official recognition of such approval by the board.

Both the proxies and written consents constitute official records of the association and therefore should be stored with the official records of the association.

 

 

 

 

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PALM BEACH & BROWARD COUNTIES RELEASE NEW OPENING ORDER PROCEDURES AFFECTING COMMUNITY ASSOCIATIONS by Kaye Bender Rembaum

PALM BEACH & BROWARD COUNTIES RELEASE NEW OPENING ORDER PROCEDURES AFFECTING COMMUNITY ASSOCIATIONS by Kaye Bender Rembaum

  • Posted: May 21, 2020
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PALM BEACH & BROWARD COUNTIES RELEASE NEW OPENING ORDER PROCEDURES AFFECTING COMMUNITY ASSOCIATIONS

by Kaye Bender Rembaum

To further address the re-opening of both Palm Beach and Broward Counties new Orders have been issued and are already in effect. Links to each new order are located below this article. In all instances, social distancing and wearing of masks when in public is still advised.

Has your association considered adopting new rules consistent with social distancing policies and wearing of face masks when members are in common areas and common elements? Discussion with your association’s attorney is warranted when preparing such rules for board adoption.

Remember too, so long as the State of Florida remains under a State of Emergency as declared by the Governor (due to expire July 7), the statutory emergency powers remain available to community associations which includes the power to close amenities when based upon the advice of licensed professionals or emergency management officials. With that in mind, after consultation with the aforementioned licensed professionals or emergency management officials, amenities can be closed. Moreover, there is no obligation to open amenities if the board believes, that in its reasonable business judgment, doing so would create an unsafe condition and/ or if compliance with local, state, and federal orders cannot be met.

Our comments to assist your understanding of each of these orders are provided in red text. Stay safe!

 

PALM BEACH COUNTY – ORDER 2020-07

In addition to addressing other re-opening directives, Palm Beach County Order 2020-007 addresses tennis courts, swimming pools along with other amenities. It became effective May 18, 12:01 am.

 

TENNIS COURTS:

Applies to Community Associations

Tennis and outdoor racquet facilities may reopen, and doubles play is permitted, provided that CDC Guidelines, including all social distancing guidelines, are adhered to. In addition, the following restrictions shall apply:

  1. No congregating on the court or sidelines is permitted.
  2. Locker room and shower facilities shall remain closed. Restrooms must be cleaned and disinfected regularly throughout the day. Soap and water or hand sanitizer and/or disinfectant wipes shall be provided in each restroom.

  3. It is the responsibility of staff or management to ensure compliance with this order.

  4. Tennis instruction may be conducted on an individual basis where strict social distancing is followed.

 

COMMUNITY POOLS:

Applies to Community Associations, and while the requirement for on-site supervision is removed, the association is still responsible to ensure compliance!!!

  1. For purposes of this Order, “Community Pools” are defined as any and all pool decks and/or pools, whether of a commercial or noncommercial nature, other than one located on a single family residential lot, a single townhouse unit, or any part of a duplex lot, and which is utilized only by inhabitants of that lot or unit. Examples of Community Pools include, but are not limited to, hotel pools, motel pools, apartment building pools, homeowner association pools, condominium association pools, aquatic centers, or any other facilities that are authorized for use by more than one family.​
  • Community Pools may reopen provided that CDC Guidelines, including all social distancing guidelines, are adhered to. In addition, the following restrictions shall apply:​

  • a. Pool capacity shall be limited to ensure that social distancing in accordance with CDC Guidelines is maintained at all times.

    ​b. Locker room and shower facilities shall remain closed. Restrooms may remain open and shall be cleaned and disinfected regularly throughout the day. Soap and water or hand sanitizer and/or disinfectant wipes shall be provided in each restroom.​

    c. Pool deck seating or lounging shall be restricted to ensure social distancing in accordance with CDC Guidelines.

    d. Staff that is authorized to manage the Community Pool, or their designee, including, but not limited to, Community Pool staff, management company staff, volunteers, board members, or any other authorized persons, shall provide notice, either electronically, by mail, and/or by posting at the Community Pool or any other place where messages are traditionally posted, one or more notices indicating that all users of Community Pools shall abide by any and all social distancing guidelines, including, but not limited to, the CDC Guidelines, and that said users of Community Pools bear the responsibility of such compliance and assume the full risk of utilizing the Community Pools.

    e. Staff that is authorized to manage the Community Pool, or their designee, including, but not limited to, Community Pool staff, management company staff, volunteers, board members, or any other authorized persons, shall ensure compliance with all guidelines and requirements set forth in this Order. Such compliance may be accomplished by any reasonable means, including, but not limited to, periodic spot checks, video or other electronic monitoring, and/or compliance hotlines to allow for reporting of violations that are thereafter promptly investigated. In the event that repeated violations occur, staff authorized to manage the Community Pool, or their designee, shall take corrective action, including, but not limited to, closing the Community Pool, limiting access to the Community Pool on a reservation basis only, and/or limiting access to Community Pools to times when staff is present to monitor for compliance.​

    [Emphasis Added]

     

    RESTRICTION OF RECREATIONAL ACTIVITIES IN PUBLIC PARKS, PRIVATE PARKS, AND NATURAL AREAS:

    While not directly applicable to community associations, this section does provide limited guidance as to how similar amenities are being treated by local government.

    1. All park playgrounds, play and exercise equipment shall remain closed.

    2.  Picnic pavilions shall remain closed.

    3.  Use of water fountains is prohibited.

    4.  Basketball courts may be open.

    1. Tennis, racquetball, and pickleball courts may be open.
  • Recreation buildings and gymnasiums may reopen subject to 50% capacity limitations and social distancing guidelines included in State of Florida Office of the Governor Executive Order 20-112 and related subsequent orders.

  •  

    In addition to addressing other re-opening directives, Palm Beach County Order 2020-007 addresses tennis courts, swimming pools along with other amenities.

    It became effective May 18, 12:01 am. Find it HERE or copy and paste this link into your browser:

    https://kbrlegal.com/wp-content/uploads/2020/05/PBC_EO-7-with-attachment.pdf

     


     

    BROWARD COUNTY ORDER 20-10

    Broward County Order 20-10 addresses re-opening community rooms, fitness centers and gyms in housing developments (i.e., community associations) and re-affirms prior pool re-opening mandates. The order went into effect May 18th at 12:01 am.

     

    Attachment 6: COMMUNITY ROOMS, FITNESS CENTERS, AND GYMS IN HOUSING DEVELOPMENTS

    No community room, fitness center, or gym is required to be opened if the housing development does not wish to do so or believes it cannot do so safely and in full compliance with the requirements of this Emergency Order; any decision by a particular housing development is also subject to any applicable internal rules or regulations of that entity.

     

    A. Capacity Requirements

    1. Maximum 50% occupancy. Social distancing requirements do not apply to members of the same household.

    1. Community rooms, fitness centers, and gyms shall be limited to residents of the housing development only. No guests shall be allowed.
    2. Exercise machines, equipment and tables must be rearranged and/or closed for use to ensure at least 6 feet of distance between patrons using such machines, equipment, or tables. Social distancing guidelines provided by the CDC shall be adhered to at all times.

    3. No gatherings or multi-player games (e.g., mahjong, poker, etc.) are permitted in the community rooms between persons who do not reside in the same household.

     

    B. Sanitation and Safety Requirements

    1. Before reopening, the community room, fitness center, or gym (as applicable) must be thoroughly deep cleaned, disinfected, and sanitized. After opening, community rooms, fitness centers, and gyms must be deep cleaned daily.
  • Housing developments shall provide disinfecting wipes, and residents shall be required to wipe down each machine they used after each use.

  • Hand sanitizer shall be available at the facility. Patrons must be informed that they must sanitize their hands when entering the gym and prior to utilizing each piece of equipment.

  •  

    C. Gym and Fitness Center Amenities

    1. Hot tubs, saunas, steam rooms, and shower facilities shall remain closed.

     

    Section 9: Public Community Pools and Private Club Pools.

    Recreational Pool Amenities as defined in Emergency Order 20-08 that were permitted to operate under that order are excluded from the scope of this Emergency Order and may continue to operate subject to the CDC Guidelines and the requirements of Emergency Order 20-08.​  For your ease of reference as per Broward Order 20-08 these include, “pool decks or pools in multi­ family housing developments, condominium developments, condominium hotels, or single-family homeowner associations (collectively, “housing developments”) provided the pool deck and pool are used only by current residents of the housing development; six (6) foot social distancing CDC guidelines are adhered to; pool deck and pool occupancy are limited to no greater than 50% capacity; and either:​

    (a)   the use of the pool deck and pool are supervised by a sufficient number of employees or other person(s) designated by the housing development during the hours in which they are used to ensure compliance with the requirements of this section, and employees or other designees of the housing development sanitize the facility’s pool chairs, railings, gates, tables, showers, and other equipment at the pool and pool deck on a regular basis; or​

    (b)    all furnishings are removed from the pool deck.

    Any use of pool decks or pool areas that deviate from the CDC Guidelines or these requirements remain prohibited.”​

     

    Broward County Order 20-10 addresses re-opening community rooms, fitness centers and gyms in housing developments (i.e., community associations) and re-affirms prior pool re-opening mandates.

    The order went into effect May 18th at 12:01 am. Find it HERE or copy and paste this link into your browser:

    https://kbrlegal.com/wp-content/uploads/2020/05/Broward_EO-20-10-with-att6.pdf


     

    The Kaye Bender Rembaum Team Remains Available To You and Your Community Association.  Please be Safe. 

    1200 Park Central Boulevard South,
    Pompano Beach, FL. Tel: 954.928.0680

    9121 North Military Trail, Suite 200,
    Palm Beach Gardens, FL. Tel: 561.241.4462

    1211 N. Westshore Boulevard, Suite 409,
    Tampa, FL. Tel: 813.375.0731

     

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