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Webinar: Digital Vote Creation & Management Tools Demo by BeckerBALLOT.com

Webinar: Digital Vote Creation & Management Tools Demo by BeckerBALLOT.com

  • Posted: Jun 22, 2020
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Webinar: Digital Vote Creation & Management Tools Demo by BeckerBALLOT.com

Technology is an unavoidable and critical part of any business. As such, why not consider implementing a state-of-the-art online voting platform to your associations portfolio of services?

BeckerBALLOT.com is the perfect solution to help you streamline operations for your community, is extremely easy to setup, and it will give you the added advantage of increasing both your relevancy and residential appeal, thereby setting you apart from your competition!

 

TUESDAY JUNE 23 @10:30AM

REGISTER: https://beckerballot.com/upcoming-events/

Here’s what you will learn during the webinar:

–Walk through of BeckerBALLOT.com and its administration section/voting portal
–See examples of how others have successfully utilized the platform to benefit their communities
–View a demonstration on how to upload users, how to set up a vote, how to cast a vote, and more
–Learn about the functionality and ease of use
–Find out about flexible pricing options
–Participate in a Q&A with our customer support team to answer any questions you may have.

 

 

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FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

  • Posted: Jun 22, 2020
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FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

By Eric Glazer, Esq.

So here is what you need to know in a nutshell:

  1. Mortgage defaults are soaring.  In fact, homeowners stopped paying mortgages in record numbers in April.  It was the largest one month increase ever recorded.
  2. Under Florida law, that spells financial disaster for our condos and HOAs.

Keep this in mind as you read this.  Florida law protects the banks.  When a bank forecloses on a condo unit or a home, several things normally happen:

  1. The owner is also not paying the condo or HOA assessments;
  2. The bank foreclosure takes many months and even years;
  3. Even when the bank finally finishes their foreclosure and owns the home or unit, they owe the condo or HOA very little and the association just lost a lot of money.

So why does Florida law allow the condos and HOAs to get slaughtered?  Under Florida law, if the bank winds up owning the home or unit — even if the association has not been paid in years – the bank only owes the association the lesser of one year of assessments or 1% of the mortgage debt.  In sum, it is usually a fraction of what is owed to the association.

 

So why is the law written this way?  Clearly to protect the banks.  The theory is….. if we pass a law and make banks responsible for payment to the association for all of the unpaid dues of the owner they just foreclosed on, banks simply will not lend money to people who want to buy in a condo or HOA.  Maybe that’s true.

If however such a law did exist, all it would mean that banks would have to protect themselves a little more.  They already protect themselves when it comes to real estate taxes.  You know how they make you escrow a year of real estate taxes in advance?  That’s done because real estate taxes have a greater priority than mortgages do.  If the taxes don’t get paid, the county can wipe out the mortgage and the bank would be owned nothing.  So in response, the bank makes you pay the real estate taxes in advance so they’re covered.

Condo and HOA assessments can be treated the same way by the banks if it were necessary but, as you can see, the politicians make sure they the money owed to the county is given SUPER PRIORITY over all other obligations on the property.  Taxes are first in line.  Their money is guaranteed. To the contrary, they don’t care about the money owed to the associations.  I the law were changed, the bank can easily make a borrower escrow a year of assessments if they want to buy that condo or home  so just in case all goes bad, the association is covered. Maybe they can charge an extra quarter of a point in interest as well.  At least  people on fixed incomes won’t have to cover the delinquencies of their neighbors.

So now you know why you get the short end of the stick when foreclosures increase and the economy tanks.  Next week we will tell you what to do about it.

Suffice to say……..there may be a rough road ahead.

 

 

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New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

  • Posted: Jun 22, 2020
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Florida’s Department of Business and Professional Regulation Issues New Guidelines for Community Associations

Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

 

Board members and property managers of condominium communities need to be aware that the State of Florida’s Department of Business and Professional Regulation issued revisions to rules pertaining to violations and penalties, 61B-21, Condominium Resolution Guidelines for Unit Owner Controlled Associations,

The disciplinary guidelines detail minor violations and penalty guidelines within Chapter 718, F.S.  If a violation is deemed minor, the division will send a Notice of Noncompliance to the association. A community association’s failure to timely comply with the Notice of Noncompliance may result in sanctions, including civil monetary damages and enforcement. For the violations not deemed minor by the division, there is no longer a notice/warning requirement and, if found guilty of the violation, the Association may be fined pursuant to the new standards in the rule.   Rulemaking Authority 120.695, 718.501(1)(d)6., (f) FS. Law Implemented 718.501(1)(d)6. FS. History–New 6-4-98, Amended 10-23-18. 

 These disciplinary guidelines were enacted to inform affected parties about the range of penalties which may be imposed for violations, pursuant to subsection 61B-21.003 detailing penalty guidelines in the following categories: Accounting Records, Assessing, Board, Budgets, Commingle, Common Expenses, Conflict of Interest, Converter Reserves, Debit Card, Elections, Estoppel Certificate, Final Order, Fiduciary Duty, Investigation, Property, Records, Reporting, Reserves, Special Assessment and Website.

 

“It is important for community associations and the governing boards to understand the consequences and potential monetary ramifications they will face if they do not abide by these new guidelines,” said Frank J Mari, Director of State of Florida Property Management Association. “Ignoring or not fully compiling with the Florida Department of Business and Professional Regulation’s rules, as well as Chapter 718, Florida Statutes, in a timely manner can have a detrimental effect on an association’s financial standing.”

If an association fails to comply with a Notice of Noncompliance, a civil penalty will be imposed between $5 and $10, per unit, for each minor violation. The penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any aggravating or accepted mitigating circumstances. The minimum total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater. In no event shall a penalty for a minor violation exceed $2,500, the statutory maximum for a single minor violation. For all other violations (those not deemed to be minor), the penalty imposed is between $10-$30 per unit for each violation and the statutory maximum is $5,000.00. For both types of violations, multiple counts of the violated provision or a combination of the listed violations are added together to determine an overall total penalty.

 

SFPMA – State of Florida Property Management Association is an Organization in Florida that Advocates Educates for Members in the Condo, HOA and Property Management Industry. On behalf of our Industry Members our goal is to keep the industry informed and Provide information for their protection. We have on our Website sfpma.com resources where Board Members, Property Managers can Learn, Network, Engage and Find Top Companies that work in the industry – Search for companies on our Members Directory

Legal Sponsors: KBRLegal.com – Pompano Beach and Palm Beach offices. are the Legal Sponsors for our Association we value the important information and articles they provide for our industry.

 

 

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Are Florida’s Board Member Courses….. Enough Education?

Are Florida’s Board Member Courses….. Enough Education?

  • Posted: Jun 22, 2020
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This weekend a Question was given to us, In this was the lengthy details of a Board that was acting like dictators imposing fines even circumventing the Florida Laws.

Now to be fair if Condo or HOA Docs already include Violations and Fining in their Buildings or on their properties then a Board may violate an owner or owners for the violations. Most do not! even with this every Board must abide by what is written in the Laws of Florida. Below and part of this article is an Article our Friends at the Cooperator published and hit the nail on the head with Boards Power and we feel Lack of Education! 

Condo owners often complain that their board doesn’t do enough, or that the board members aren’t involved as much as they would like in the administration and maintenance of their building. While a disinterested or apathetic board is certainly a problem, going to the other extreme can be just as bad…or maybe even worse. Board members who let their power go to their heads can be a liability to their building community on many levels, but of particular concern is a board that oversteps its bounds and intrudes on the privacy and agency of individual residents.

Understanding the boundaries and limitations of your power is something that every board member needs to realize or else trouble—including legal problems—can result.

Another Question came in: This Board ruled that Washers and Dryers are no longer allowed in the units, Even though there are areas in every unit where water hookup and venting has occurred in the past? The owner stated that there was NO owners vote and this was never placed into the Condo Docs….He did find, The Board made a deal with a company to place machines on each floor of a 14 story building and the board wants owners to use these machines to bring in money to help pay for these! So the board took a secreat Vote and approved this spending money of the owners with no vote!  He asked us is that legal?

 

Knowledge is Power

Balancing what is right and what is expected can be tricky for boards — so much so that sometimes, board members and non-board members alike wonder why people bother to serve in the first place.

“I always tell my fellow board members and clients that if you’re going to be on a board, you are basically a sacrificial lamb,” says Luigi Rosabianca, managing partner of the Manhattan-based law firm Rosabianca & Associates PLLC. “You don’t get paid for it, but by doing so you are providing a service to your building. It’s not only a way to protect your investment, but also your quality of life—but [board members] have to learn what being on a board means, and not to overstep their bounds.”

What can a board member really do about an ongoing noise complaint, for example? What sort of majority is needed if a vote in enacted to change something within the condo or co-op? Can a board impose rules regarding security or visitors?

Questions like these can usually be answered by reading the co-op or condo’s official governing documents, says Al Pennisi of the law firm of Pennisi Daniels & Norelli LLP in Rego Park. “The powers are designated in the corporate documents—the certificate of corporation and the bylaws—and some of the additional powers are listed in the offering plan and amended in the offering plan when it’s a co-op conversion. Primarily, it’s the corporate documents and enhanced by case law.”

It’s essential that anyone who is elected to their board read and understand what they can and cannot do as a board member.  “You need to do it with all the knowledge necessary,” Rosabianca says. “The first thing you need to do is read the offering plan or prospectus as well as the bylaws, which very specifically outline what the board’s powers and limitations are.”

In addition to the documents, a new board member can also get advice and instruction from those already involved in the process. “When someone new comes on, they get instruction from owners, management companies and other board members if they aren’t educated about those sort of things,” says David J. Byrne, a shareholder attorney with the law firm of Stark & Stark, with offices in New York and in New Jersey. “In a practical setting, they don’t always read the documents they should.”

Condos and co-ops have different rules, and their boards have very different powers. Even comparing co-op to co-op or condo to condo will find differences, so just because you served on the board of one building doesn’t mean your current board will operate exactly the same way. Your powers and limitations will be most likely be different on any board you serve.

“The power a board has in a co-op is different than that of a condo,” Pennisi says. “Co-op boards do have more power than condo boards because they control the use of the apartments, they control the sales and leases where in a condo, the unit owner can sell at his or her discretion. Condo boards have less power but both boards can make and enforce rules and regulation pursuant to the documents.”

 

 

Barging In

One of the chief complaints among residents who think their board has overstepped its bounds arises when someone—a super, handyman, or other building staff member—enters their home without permission, usually to check out something like a leak or electrical problem.

“With condos and co-ops you have classic communal living—and with communal living there are certain sacrifices that have to be made,” Rosabianca says. “You are conceding that your neighbors have certain rights to access common elements in the building, and that [building staff] may periodically need to access to your unit.”

Let’s say there is a leak in unit 4F that will affect the owner’s quality of life downstairs in 3F in not taken care of. If the owner in 4F can’t be reached to let building staff into the unit, it is reasonable to expect that the super or repair person will access the apartment to deal with the situation—with or without express permission from the owner of 4F. Upsetting as it might be to think of strangers entering one’s home without permission or supervision, that access is considered reasonable if it’s deemed necessary under the circumstances.

“I always use the ‘reasonableness standard,’” says Rosabianca, “which is vague, but most management companies are really well versed and know what to do and what not to do in situations like these. As a rule of thumb, you should ask, ‘Is this in the best interest of the building?’”

According to Pennisi, co-op documents require you to give the board access to your apartment to make repairs—but that’s not usually the case in condos.

“If there’s a leak in the walls [of your condo,] they just can’t go in and break the door down,” he says. “It has to be a bona fide emergency. If water is leaking under your door and the super or manager has tried calling you and they can’t get in touch with you, they have right to break in and make repairs. I always tell my boards to bring a witness and go in with a camera and take pictures of what the apartment looked like. Don’t go by yourself in case something is stolen and it’s your word against theirs.”

 

Feeling Secure

Security in buildings has become a tricky issue in recent years, and since most governing documents were written prior to current concerns about terrorism and other threats, boards sometimes enact security measures that some residents feel may go a bit too far. But does having an especially robust security program in a co-op building ever cross the line from “overzealous” into “invasion of privacy?”

“There could be ‘too much’ security in a practical way or an economical way but not really from a legal point of view,” says Byrne. “The boards probably have a pretty broad discretion to set rules on security, so although it might seem like they are overstepping their power, they aren’t really.”

Some boards feel it’s necessary to have cameras all over their building, a thorough ID check for all visitors, and building access controls that residents may feel are going too far. Some buildings require key code access or card access, and some use cameras to record people coming and going. While it’s fair to say that most residents get a certain peace-of-mind from knowing access to their building is tightly controlled, others find it intrusive, says Pennisi.

“People say, ‘You have no right to take my picture coming and going,’ or they object to having their Social Security number used as an ID” Pennisi continues. “But a number of courts have ruled that [building rules] supercede the individual’s right, because [buildings] have the right to know who’s coming and going. You can’t publish their information or show the videos, however. That would be going too far.”

 

Keeping Things Personal

When it comes to what boards and managers can do with any personal information they collect on building residents, civil rights and privacy laws have the final word. In short, boards and management are prohibited from making any of that information public.

Unfortunately however, “Things happen like that all the time,” says Rosabianca. “People make mistakes …most of the time it’s just errors, rather than fraud. I’m on a couple of boards where they distribute board applications to all board members, and they include a lot of personal details. You’d like to think that your board members are responsible with the information and will shred the information afterwards.”

If materials are being handled properly, Rosabianca continues, one copy of your personal information should be kept under lock and key at the manager’s office—and no one on the board should be distributing that information, or keeping copies for themselves. Some boards are even policing themselves in this respect by blacking out certain information on sensitive documents they see in the course of carrying out their duties to the building.

Though rare, there have been cases where board members have—either through negligence or ignorance—acted improperly with building information or money. Michael Crespo, president of Citadel Property Management Corp. in Manhattan, says he recently dealt with an unscrupulous treasurer.

“We recently had a situation where, in an effort to clear up the books of a building we’d just begun managing, we asked the board’s treasurer if it would be OK to send out two deposit checks that had been collected for [construction] work and move-in fees several years prior,” he says. “The deposits were clearly for a one-time item, and there really was no reason to keep holding on to them—they were just throwing off the balances, and we wanted to clean it up. The board’s treasurer suggested that we do a journal entry and make them ‘disappear.’”

Crespo says that after explaining that these were real deposits that were owed to shareholders, “The treasurer continued to press the issue and explained that he had done this type of thing at his job all the time. In either case, I explained that we know the difference between correcting a journal entry and sweeping someone’s money under the carpet. Needless to say, the shareholders in question (who were also on the board) wanted their money. We ended up cutting them a check.”

 

FIND EDUCATIONAL COURSES, MEETINGS, SEMINARS EACH MONTH ON OUR CALENDAR OF UPCOMING EVENTS

Power Hungry

While the vast majority of board members take their position in stride and are solely interested in doing what’s best for their building community, some board members do let authority go their head. Most managers and board attorneys have at least one or two stories about boards imposing ridiculous rules on their residents—regardless of whether they actually have the authority to do so.

“Boards do sometimes abuse their power,” Byrne says. “I’ve encountered boards that don’t actually have published rules, yet think they do. There are boards that set unreasonable restrictions on things, or think they have the power to charge residents fines when they don’t.”

Other examples of boards overstepping their bounds and abusing their position include members trying to get family members elected to the board or overseeing applications for people they know, or giving work contracts to friends or family.

“Those are the type of ‘wink-wink’ things you see,” Rosabianca says. “You really want to avoid these types of conflicts. If you are on a board, you should be above the fold. You shouldn’t be soiling your hand.”

Keeping a board in check and on the right side of propriety and the law could be something as simple as pointing out that more rules are not always better.

“We simply like to remind the boards that we deal with that when they implement excessive amounts of rules that infringe upon their neighbors, these rules will often come back to bite the people who created them,” Crespo says. “We’ve seen it time and again: a board puts practices into effect that are very difficult to enforce, and which the very people who implemented them are the ones who end up violating them the most. This is where we like to be the voice of reason. We ask that boards be realistic and use discretion, and ask if they would like these rules enforced upon them.”

 

An owner cannot be fined without first being given the opportunity to be heard. Before a fine is issued, the following must take place:

Steps for a Violation

  • Association/management identifies the violation.
  • Notice of violation sent to owner/resident via a hand delivery or certified mail.
  • Notice must contain the following:
  • Description of the violation
  • Authority in governing documents to cite the issue as a violation.
  • A picture may also be included in the notice.
  • The required time frame to correct the violation.
  • Disclosure of his/her 14-day right to be heard before the fining/grievance committee.
  • Alert fining committee of the violation sent and schedule a hearing.
  • Attend hearing and be prepared to listen to the owner’s stated defenses and/or explanation.
  • Send notice of final decision to owner/resident.
  • In this situation, it would seem that the association skipped or ignored the legal right of an owner to be heard before a fine is issued. The fine is not a legally imposed fine unless the above steps are taken.

 

We need more Education where Board Members who are controlling the best for each and every owner should have to be Licensed the same way as Building Managers are, or financial money managers! What to you think? 

 

 

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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

 

ProLicense Florida CAM LICENSE COURSE 

ProLicense Florida Pre – CAM LICENSE COURSE

ProLicense Florida Continuing Education

Florida CAM Courses – (CAM)

Florida CAM Courses –  Pre Licensing

Florida CAM Courses –  Continuing CAM Education

Florida Cam Schools Licensing

Florida Cam Schools Pre Licensing

Florida Cam Schools Continuing Education

 

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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They are made of aluminum allowing them to shield windows from heavy winds!

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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

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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 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.

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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