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Why Does Bad Debt Happen In Community Associations? by Mitchell Drimmer of Axela

Why Does Bad Debt Happen In Community Associations? by Mitchell Drimmer of Axela

  • Posted: May 21, 2020
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Why Does Bad Debt Happen In Community Associations?

by Mitchell Drimmer of Axela

 

In your Condo or HOA you are going to have delinquencies every month in good times and bad times. These are bad times and the delinquency rate is only going to increase to levels where hard choices by the board of directors need to be made, If Action is not taken!

What is an Average Delinquency Rate?

In normal times CAI (Community Association Institute) estimates that delinquencies fall between 5%-8% but these are not normal times. With the ravages of Covid-19 and the ensuing economic downturn, we can expect delinquency rates to go as high as 35% in some community associations.

What Happens to a Community with High Delinquencies?

It is no secret that the lion’s share of the revenue for community associations comes from the assessments that are paid for by the members of the Condo or HOA. So any cash shortfall is going to place a burden on the entire community. Employees need their salaries, vendors want to get paid, supplies need to be purchased, it costs money to keep a Condo or HOA property running.

So what is to be done if the community has more bills to pay then money in the bank because the owners did not pay their assessments? Hard choices need to be made and attitudes must be adjusted. It all starts from the top and boards of directors of community associations must come to the realization that they have been elected to manage a business. Just like any business there are the leaders of the association and understand that everybody needs to do their part each month to keep the lights on.

Homeowners Should Prioritize Payment of Community Assessments

Another attitude adjustment must come from the owners. Some members of Condos and HOAs sometimes feel that their least important financial obligation is to the community which houses them. While it may be true that units are purchased, an important part of the covenant the association has with the members is that they will pay for the maintenance of the association. So even when hard times come, and for sure they are here, the members need to continue to pay their fair share.

It is all too common that the HOA maintenance bill is at the bottom of a member’s pile of bills and it’s the last one to be paid. If by the time the member gets to that particular bill, there’s not enough money to cover the payment, it may not get paid at all. Other bills get paid first like credit cards, car loans, utilities, and such.

Yet your most important bill might very well be the community association assessments. The neighborhood that you live in needs to keep the streets safe, services like garbage collection kept up, and the facilities running, not to mention life-safety issues like fire alarms and security.

Boards of Directors Have a Fiduciary Duty to the Welfare of the ENTIRE Community

Members of HOAs and Condos live among the elected leadership of the community and have the ability to watch as the board governs the association. This familiarity may be the cause for some owners to consider their obligations to the community less compelling than a utility bill. One does not expect a neighbor to send another neighbor into collections.

This should never be the case because by not sending in a delinquent owner into collections a board of directors is NOT being good neighbors. They are enabling the delinquency, which will snowball into a larger cost that may not be recoverable. Then the association has to take more serious actions and foreclose on a property and put a family out of their home.

Bad debt happens to associations who will not communicate to an owner that non-payment is not an option and owners who do not understand that this is a bill that needs to be paid.

 

 

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Is YOUR Pond A Breeding Ground For Pesky Midge Flies?

Is YOUR Pond A Breeding Ground For Pesky Midge Flies?

  • Posted: May 14, 2020
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Midge Fly Control
An Integrated Management Approach

 

Lakes, ponds and wetlands are valuable resources for boating and recreation, fishing, drinking water, stormwater collection, aesthetic beauty and wildlife habitat. But they also serve as common breeding grounds for pesky insects like aquatic midge flies, often referred to as “midge bugs” or “blind mosquitoes.” Midge flies belong to a very large and diverse family of aquatic insects. While often thought of as the “cousin” of mosquitoes, midges don’t bite, sting, suck blood or transmit disease. They can, however, become a terrible nuisance and trigger allergies or respiratory issues.

 

What is a midge? Where are they found?

Midges thrive near aquatic resources because their egg, larvae and pupae stages must occur in water. They have evolved to populate and prosper under difficult environmental conditions commonly occurring in many of our community lakes and ponds that have excessive nutrient loading, murky water, organic muck accumulation and low dissolved oxygen levels. These same water quality problems that favor midges also prevent midge predators such as fish and other aquatic insects from preying on them. This allows midges to form monocultures across a lake’s bottom and reproduce in extremely large numbers often exceeding 40,000 larvae per square meter. 1,000 larvae per square meter is considered the threshold for nuisance levels. Out-of-control midge larvae populations can become a terrible annoyance, inconvenience and even a health hazard to waterside residents when they metamorphose into adult flies.

 

 

Negative impact of midges:

  • Their swarms are attracted to lights around businesses, residential areas, and stormwater systems, which can detract from the enjoyment of outdoor activities.
  • Large populations of midges are known to blanket cars, building exteriors and other surfaces, which can stain or damage them over time.
  • Many communities experience a rapid increase in local spider populations reacting to the midge flies as a food source.
  • Residents find their eaves, porches and windows covered in spider webs full of decaying midges and smelling like dead fish.
  • Typically, midges are the biggest nuisance in the spring and fall when adults emerge from the water surface. However, in many states, particularly across the south and Florida, midge fly season is year-round.

 

An Integrated Midge Management Approach

 

Managing midge fly populations below nuisance levels requires an integrated approach to achieve successful long-term control—starting with bathymetric mapping of the habitat and a professional larvae assessment. Midge larvae surveys are crucial tools to determine which midge species are present and how to effectively manage them.

Blood midge larvae, for example, thrive in bottom sediments and must be targeted with an ingestible larvicide. On the other hand, phantom or ‘ghost’ midge larvae flow freely throughout the water column and are targeted with a growth-regulating hormone that prevents them from becoming healthy adults.

Once larvae surveys are completed, an integrated approach may continue with strategic larvicide treatments to disrupt midge lifecycles, as well as the following management approaches:
  • Balance water quality conditions to prevent algae growth
  • Enhance biological control via predatory fish stocking 
  • Increase circulation and dissolved oxygen levels through aeration 
  • Develop a healthy and diverse shoreline littoral habitat

 

Balance water quality:

  • Ensure stormwater management facilities are within compliance in order to properly divert watershed runoff containing phosphorus, nitrogen and other pollutants.
  • Use nutrient remediation products like Phoslock, Alum or Biochar to help create balanced water quality conditions that are less hospitable to the algae blooms on which midge larvae feed.
  • To eradicate stubborn algae blooms, work with your lake and pond management professional to arrange the application of EPA-registered algaecides.

 

Introduce aeration: 

  • Traditional aeration solutions and new technologies like nanobubbles can be used to naturally increase dissolved oxygen levels, thus accelerating the oxidation of undesirable nutrients – the primary food source that filter feeding midge larvae rely on.
  • Raising oxygen levels throughout the water column will allow predatory fish to attack the larvae population hiding in deeper bottom waters and sediments.
  • Increased oxygen levels can help reduce phosphorus, nitrogen and algae growth, improving the lake or pond’s overall water quality, clarity and beauty.

 

Manage fish populations:

  • Arrange a professional electrofishing assessment to survey your fish population and ensure the proper predatory fish species like Bream and Gambusia are present to feed on midge larvae.
  • Stock the correct quantity of fish for your lake’s or pond’s midge species and density, and restock yearly to maintain abundant fish populations.
  • Consider supporting fish populations with the introduction of automatic fish feeders and habitat structures.

 

Cultivate a healthy shoreline:

  • Introduce a variety of native flowering species to help limit the negative impacts of nutrient loading. Beneficial plants include arrowhead, pickerelweed, canna lily and blue flag iris.
  • Native vegetative plantings also provide cover and shelter for midge predators including gambusia, bream, amphibians and dragonfly nymphs and adults.
  • Is your shoreline too eroded to plant? Install a biodegradable shoreline erosion control system like coconut coir logs or ShoreSOX to restore banks and hillsides for more than 10 years.

 

 

Find Your Solution

With SOLitude Lake Management

Looking for sustainable long-term control of your algae or aquatic weed problems? Considering  fisheries management assistance? Need help with water quality testing? Trying to find the perfect pond aeration system for your aquatic ecosystem?

Whatever your lake and pond management needs may be, SOLitude Lake Management has the answer. Simply fill out the form ( Click Find Your Solution ) and let us know how we can help. We look forward to helping you find your lake or pond management solution.

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FIND COURSES TRAINING AND EVENTS IN FLORIDA on THE EVENTS CALENDAR

FIND COURSES TRAINING AND EVENTS IN FLORIDA on THE EVENTS CALENDAR

  • Posted: May 12, 2020
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FIND COURSES TRAINING AND EVENTS IN FLORIDA on THE EVENTS CALENDAR

In these times we have changed our Events to Include Online Webinars, Seminars and Radio Shows you can interact with from the comfort of your homes.

 

THE EVENTS CALENDAR

 

Keeping safety first. We have added events to fit the new narrative Providing: Legal Courses, Board Member Courses, Insurance, Collections, Finance, Business, Service Courses and Expos in Florida.

 

                  

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From One Disaster to the Next  / Hurricane Season Starts June 1

From One Disaster to the Next / Hurricane Season Starts June 1

  • Posted: May 09, 2020
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From One Disaster to the Next

Hurricane Season Starts June 1

 

    If the effects of the Covid-19 virus were not enough, June 1st begins Florida’s unenviable hurricane season. Never has it been more important to board members and managers to understand the emergency powers approved by the legislature and codified into Florida Statutes in Chapters 718, 719 and 720 for use during a declared “state of emergency.”  Many associations have already utilized these powers in their efforts to curb the Covid-19 virus from spreading.  If you are not yet familiar with these powers, well, you need to become learned before disaster strikes.
    The statutorily required pre-requisite to utilizing the legislative emergency powers is that the Governor of the State of Florida has declared a “state of emergency”.  Importantly, when exercising emergency powers, there should be a rational relationship between the action undertaken and the disaster itself.  For example, an emergency special assessment needed to fix the condominium roof damaged by a hurricane during a state of emergency makes good sense. However, just because there was a hurricane and a state of emergency declared, does not mean the emergency powers can be used to levy a special assessment to build a new gazebo, most especially when there was never a gazebo before.
  The Covid-19 situation illustrates to many seasoned community association lawyers that the emergency powers granted by the legislature were drafted for use in response to, and in preparation for, natural disasters. More specifically, “in response to damage caused by an event for which a state of emergency is declared.”  Suffice it to say, use of the emergency powers to help contain a virus epidemic was likely not contemplated. Nevertheless, circumstances warranted that the emergency powers be utilized during the Covid-19 crisis for which a state of emergency was indeed declared. Likely, as a result of the Covid-19 virus, the community association emergency powers granted by the Florida legislature will be tweaked by the legislature in its next session to provide for better applicability to an ever-evolving world where states of disaster are not limited to weather events alone.
    The specific emergency powers legislation can be found in section 718.1265 Florida Statutes for condominium associations, section 720.316 Florida Statutes for homeowners’ associations and section 719.128 Florida Statutes for cooperative associations.  While each are very similar, there are a few subtle differences that go beyond the scope of this article.  Also, it should be noted that an association can amend its governing documents to prohibit a board member’s use of the statutory emergency powers.  Perhaps, one justifiable reason to do so would be if the membership approves its own version of emergency powers which most obviously should be discussed with the association’s legal counsel before considering to do so.
    A few of the emergency powers that are common to all of Florida’s community associations, unless otherwise provided, include:
  1. Conduct board meetings and membership meetings with notice given as is practicable under the circumstances.
  2. Cancel and reschedule any association meeting.
  3. Name as ‘assistant officers’ persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.
  4. Relocate the association’s principal office or designate alternative principal offices.
  5. Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.
  6. Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners.
  7. Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
  8. Require the evacuation in the event of a mandatory evacuation order.
  9. Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the property can be safely inhabited or occupied.
  10. As to condominiums, mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.
  11. As to condominiums, contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116 to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.
  12. As to homeowners’ associations,  mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the association property.
  13. Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.
  14. Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient.

These emergency powers are limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the owners and the owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.

 

Please be sure to review the legislation that is specifically applicable to your type of association, be it a condominium, cooperative or homeowners’ association, as the above powers were presented for purposes of this article.

Prior to taking any action, consultation with the association’s attorney is an absolute must as this article is intended to provide useful information for consideration and not specific legal advice.  Stay safe!

(Reprinted with permission from the May 2020 edition of the Florida Community Association Journal and as written by attorney Jeffrey Rembaum)

 

 

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There will be a new normal. Boards cannot simply flip a switch to bring them back to Jan. 2020 operations. by Donna DiMaggio of Becker

There will be a new normal. Boards cannot simply flip a switch to bring them back to Jan. 2020 operations. by Donna DiMaggio of Becker

  • Posted: May 08, 2020
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There will be a new normal. Boards cannot simply flip a switch to bring them back to Jan. 2020 operations.

by Donna DiMaggio Esq. of Becker

 

There is no reason that permanent sanitizer stations shouldn’t remain in place in high traffic areas including near front desks, in elevators and near access screens.

The days of having dozens of lounge chairs at the pool and tightly packed gyms should be over.

Boards may start using a reservation system for certain amenities to better enforce social distancing.

Boards who have been lax in the past about prohibiting dual usage by unit owners and their tenants should tighten up those restrictions.

Unauthorized short-term rental activity and guest usage should also be scrutinized to reduce density in the common areas.

The days of having an open door policy in the Association office should likely cease.

Some residents like to congregate in the association office for a variety of reasons but that activity was not terribly helpful in ordinary times let alone now.

Inquiries can be handled via email, phone or by attending a meeting.

Digitizing association records to conduct online document inspections as well as holding online votes will not only maximize your efficiencies but can reduce the disputes which erupt with traditional voting, inspection and meeting protocols.

 

Here’s what you need to know to live through the coronavirus crisis in South Florida

South Florida continues to be under movement restrictions due to efforts to control the spread of the new coronavirus. Although the state began on May 4 to open in phases, South Florida will have to wait longer due to higher rates of infections and deaths. Here are the key things you need to know about the situation.

Working and getting out

  • BUSINESS THAT MUST REMAIN CLOSED: Non-essential businesses in Broward, Palm Beach and Miami-Dade counties remain under shutdown orders. The statewide shutdown order is being lifted in phases, but excludes South Florida. We put together a complete list of businesses considered “essential” that may remain open.
  • FACE MASKS: Broward, Palm Beach and Miami-Dade counties have all ordered face masks to be worn by customers and employees in grocery stores, pharmacies and other retail stores that are allowed to be open during the shutdown orders. Businesses are expected to enforce the rules and could face penalties if they do not.
  • CURFEWS: Although some cities have started to lift curfews imposed in March, several remain in effect with exceptions being made only for those traveling to and from work or for essential needs. Broward County: Hallandale Beach between 11 p.m. and 5 a.m. Palm Beach County: Town of Palm Beach between 9 p.m. and 6 a.m. Miami-Dade County: Key Biscayne between 10 p.m. and 5 a.m.; Miami Beach between midnight and 5 a.m.; North Miami Beach between 10 p.m. and 5 a.m.; and the city of Miami between 10 p.m. and 5 a.m.
  • STAY-HOME ORDERSSouth Florida’s three counties technically remain under stay-home orders except for essential travel. But some outdoor activities are being allowed to resume. See “recreational activities” below for more information.
  • CANCELED EVENTS: With an order prohibiting public gatherings of 10 or more people, nearly all events have been canceled or postponed.
  • RELIGIOUS SERVICES: Although religious services are exempt from the state’s order closing businesses, the Archdiocese of Miami and the Diocese of Palm Beach suspended Masses and liturgical events. The Miami archdiocese also shut down various drive-through confessionals that some parishes started offering. The Chabad Of South Broward advised that most minyanim are not currently meeting. Many local churches and houses of worship have transitioned to online prayers, meditation posts and services. Check with your local church or religious provider for updates.
  • TRANSPORTATION: Brightline, the higher-speed rail between Miami, Fort Lauderdale and West Palm Beach, suspended service until further notice beginning March 26. Tri-Rail announced it would trim back its schedule but suspend fares on all its trains beginning March 28. Several airlines including American, United and JetBlue have cut back the number of flights between South Florida and New York City-area airports. Spirit Airlines, based in Miramar, completely suspended flights to the area. Most major airlines are now requiring masks to be worn at all times in terminals and airplanes.

Recreational activities

  • PARKS: County parks in South Florida reopened on April 30 with social distancing rules in place, along with bans on groups of 10 or more. Most cities also opened their parks with some exceptions. See the complete city-by-city list of park openings here.
  • STATE PARKSState parks around Florida started to reopen May 4 in phases, with the exception of those in South Florida including Hugh Taylor Birch State Park in Fort Lauderdale, Dr. Von D. Mizell-Eula Johnson State Park in Dania Beach and Oleta River State Park in North Miami Beach.
  • BEACHES: All beaches in Broward, Palm Beach and Miami-Dade counties remain closed, even to casual strollers. Beaches in other parts of the state have started to reopen with restrictions.
  • BOATING: South Florida’s counties began opening boat ramps and marinas on April 29. Congregations on sand bars remain prohibited.
  • GOLF COURSES: South Florida’s counties as well as most cities have now allowed golf courses to open with restrictions on group size and use of golf carts.
  • GYMS, THEATERS, ARCADES: All are included in the business closure orders that were issued in South Florida’s three counties and are being enforced by cities. Concert venues, auditoriums, movie theaters and playhouses are also closed.
  • CASINOS: South Florida casinos — including Seminole Hard Rock Hotel and Casino in Hollywood, the Seminole Classic in Hollywood, just south of the Hard Rock, the Seminole Casino in Coconut Creek and the Miccosukee Resort & Gaming casino — are closed until further notice.
  • FLORIDA KEYS: The Monroe County Sheriff’s Office announced Monday that the Florida Keys are closed to all tourists and visitors because of the coronavirus. Although some beaches have begun to reopen, the Keys are closed to visitors.
  • CRUISES: The three major cruise lines that sail out of South Florida have suspended service at least into the summer.

 

Schools and colleges

  • PRE-K AND K-12 SCHOOLS: Schools across Florida are closed for the remainder of the school year. Classes and graduations are being held virtually.
  • COLLEGES: Public and private colleges and universities have closed or moved to online classes. On-campus events are part of the state-wide ban on large gatherings. Graduation ceremonies for state colleges have also been canceled.

Eating and shopping

  • BARS, RESTAURANTS AND NIGHTCLUBS: Bars and nightclubs are closed, and restaurants are closed to dining. But many eateries are open for takeout and delivery. We have been compiling a list of Broward, Palm Beach and Miami-Dade eateries offering takeout and delivery. All food-delivery apps are waiving delivery fees until further notice.
  • GROCERY STORES: Supermarket across South Florida are changing their hours as well as designating certain days and times exclusively for senior citizens or people at higher risk of coronovirus. In addition, all three South Florida counties are requiring customers and employees to wear face masks at all times in the stores.
  • FREE MEALS FOR STUDENTS: Public schools in Broward, Palm Beach and Miami-Dade counties are providing free meals at selected locations on days that school would have otherwise been in session. Broward County: Breakfast is available 8-10 a.m. and lunch 11 a.m. to 1 p.m. at select schoolsPalm Beach County: 35 schools will distribute free meals this week Monday through Thursday, and can receive Friday’s meals on Monday, Wednesday and Friday for two meals each day. Meals and are free to anyone under 18 years of age regardless of financial need. Miami-Dade: Students and families may pick up hot meals to go, both breakfast and lunch, between 9:00 a.m. and 12:30 p.m.

Help with finances

  • HOW TO GET FINANCIAL ASSISTANCE: We won’t lose our homes because of the coronavirus crisis. Our power won’t be shut off. And we’re not going to go hungry. Financial services companies, nonprofit relief programs, utilities and government assistance agencies are offering ways to help consumers get through layoffs, business interruptions and self quarantines.
  • HELP FOR RESTAURANT WORKERS: Restaurant workers have been hit hard by the coronavirus crises, particularly here in South Florida, a resort region and tourist destination known globally for being a foodie paradise. But there are efforts here to ease the burden facing kitchen staff, servers, bartenders and others.

 

Staying safe

  • WHAT TO DO IF YOU’RE SICK: If you wake up with a cough or fever and are worried you have coronavirus, you have several options. In Florida, as in other states, hospitals and doctors have been primed on how to screen patients who come into their offices or the Emergency Department with symptoms. Only people who have severe symptoms should go to a hospital. If your symptoms are mild, call your doctor or the health department to get an appointment for a test. Some local test sites can now get results in up to 15 minutes with rapid tests but will turn away people without appointments.
  • WHERE TO FIND TESTING SITES: Drive-thru testing sites are being set up at locations around South Florida. Testing may be limited to individuals who meet the current Centers for Disease Control and Prevention guidelines: Older adults and people who have severe underlying chronic medical conditions who have fever, cough or any type of respiratory distress; any people — including healthcare workers — who within 14 days of symptom onset had contact with a suspected or confirmed coronavirus patient; and any people with history of travel from an affected area or an area with community spread. Here is complete list of testing sites in Broward, Palm Beach and Miami-Dade counties.

 

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As Stimulus Funds Dry Up, Private Sector Firm Provides Funding to Community Associations by Axela Technologies

As Stimulus Funds Dry Up, Private Sector Firm Provides Funding to Community Associations by Axela Technologies

  • Posted: May 08, 2020
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As Stimulus Funds Dry Up, Private Sector Firm Provides Funding to Community Associations by Axela Technologies

Axela Technologies’ HAAP program allows community associations to tap into a non-recourse funding option to receive a much-needed cash injection.

 

Axela Technologies, the leading provider of collection solutions for community associations, has announced a funding program that will provide a financial lifeline at a time when HOAs and condos need it most. The funding is available nationwide, effective immediately.

“We realize that times are tough, and they are going to get more difficult for community associations,” said Martin Urruela, Axela’s CEO. “Community associations have received little help from the federal or state governments and are suffering due to the unforeseen hardships placed on their owners, so we’re stepping up to help.”

HAAP, short for Homeowner Assessment Assurance Program, advances a portion of a community’s receivables in the form of an immediate cash injection. It is not a loan; it is non-recourse, interest-free, and does not require the association to sign a note or a security interest. Axela is repaid with funds recovered through their collection of delinquent accounts.

“Besides being not-for-profit entities, associations are a zero-sum business and rely on owners’ assessments to pay their bills,” continues Urruela. “As a collection firm, we know that most, if not all assessments will be recovered at some point, but we don’t know when. Associations often don’t have the luxury to wait, but we do, so we’re providing the funds up front to help them meet their day-to-day financial requirements.”

Until now, Axela’s HAAP program has been available exclusively in Florida. Prior to the pandemic, approximately 10 percent of the company’s Florida clients had applied for an advance but that number has steadily increased in recent weeks. The spike in demand is what prompted the company to open the program to other states.

“While HAAP is innovative and most certainly helpful, the way it works is simple,” adds Urruela. “Instead of funding clients after we collect their money, we’re funding them up front. If for whatever reason, we are unsuccessful in collecting, we lose. The advance is non-recourse, so the association will never be on the hook for amounts that we advance them.”

Axela’s clients who have taken advantage of HAAP have praised the program.

“One of our associations had their insurance renewal coming up, but didn’t have the money,” said Fabio Setton, owner of PMI Top Florida Properties, a management company based in Aventura, FL. “Axela stepped up and advanced the funds within days of our request, which saved the association from having to pass a special assessment or risk losing insurance coverage.”

Taylor Pena of Marquis Association Management stated, “Axela has been providing funding for our community for nearly two years, allowing us to replicate a perfect cash flow scenario, despite the fact that several owners were not making timely payments.”

The application process requires community associations to submit a roster of units that would be placed into collections with Axela. The underwriting process is fully automated, and associations can be approved and funded within 72 hours. More information on the program is available at www.axela-tech.com/haap

 

ABOUT AXELA TECHNOLOGIES

Axela Technologies is a collections firm specialized in recovering delinquent assessments for community associations. Axela reduces the cost of outreach and engagement by automating much of the standardized collections process while providing exceptional customer service and a centralized platform for all stakeholders to promote transparency and efficiency.

To learn more about Axela Technologies, visit www.axela-tech.com

Members of The State of Florida Property Management Association (SFPMA.Org)

 

 

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Reshaping Large Construction Projects Webinar this Thursday, May 7th at 2pm! by The Falcon Group

Reshaping Large Construction Projects Webinar this Thursday, May 7th at 2pm! by The Falcon Group

  • Posted: May 06, 2020
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Don’t forget to sign up for the:

Reshaping Large Construction Projects Webinar this Thursday, May 7th at 2pm!

Be Proactive, Educated and Engaged
#thefalcongroup

Sign Up Info:
Email: PFoltanski@falconengineering.com
Subject: Large Construction Projects
Body: Please provide your Full Name, Company, Address, Phone Number and if you are a CMCA

“The STRENGTH of the TEAM is each individual MEMBER. The STRENGTH of each MEMBER is the TEAM.”

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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

  • Posted: May 06, 2020
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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

by Kaye Bender Rembaum

In response to our article below, we have received inquiries from readers  regarding the ability of an  association located in Palm Beach County to use volunteers to provide the pool  monitoring as required by Palm  Beach County Emergency Order Number 5.

In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.

 


 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 


In addition, based upon an April 28, 2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.

 

With that in mind,  if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration: 

 

1) If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.

2) Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?

3) Does the association have insurance coverage in place to cover acts of volunteers?

4) Does the association have volunteer workers comp type coverage in place?

 

Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools.  The following links are provided for your reference:

Palm Beach County Emergency Order Number 5

The Palm Beach County Website April 28 posting related to volunteers  

Remember to also discuss the re-opening plan with your association’s legal counsel. 

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

 

 

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Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

  • Posted: May 04, 2020
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Re-opening Amenities In Times Of Uncertainty pt. 1

by Kaye Bender Rembaum

The re-opening of amenities is anything but easy due to the local Orders being promulgated by Palm Beach, Broward and Miami-Dade Counties. Please be sure to review your County’s specific order(s) to ensure your association remains in compliance. These Orders have similarities but are also VERY different.

A link to the recent re-opening Orders follows:

Palm Beach County, Emergency Order Number 5

Broward County, Emergency Order 20-08

Miami-Dade County, Emergency Order 21020

 

As to the Palm Beach County Order, take note that that staff and management are responsible to ensure compliance with the Order with respect to the tennis/racquet court facilities, and that one or more facility staff or management must be present at the pool to monitor and “ensure compliance with the restrictions of the Order.” However, it is not at all clear what measures must be taken to “ensure compliance with this Order.” We do not think it would be sufficient to only post a sign setting forth the CDC Guidelines and the additional restrictions in the Order. Although the tennis/racquet court facilities guidelines, unlike the community pool guidelines, do not require personnel to be present at the tennis/racquet courts to monitor and ensure compliance, in our opinion the board should consider some type of responsible monitoring.


 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 


With respect to a swimming pool in Palm Beach County, “facility staff or management” must be present at the pool whenever it is open to monitor and ensure compliance with the restrictions set out in the Order, including social distancing and pool bathroom sanitation. If that cannot be accomplished, then the pool and or bathrooms should remain closed.

 

When opening a swimming pool in Broward County, their Order provides that the pool may not operate at more than 50% capacity. In person supervision in addition to sanitizing gates, railings and showers is required if the pool deck furnishings are left in place. However, by removing the furnishings, the wording of the Order seems to indicate the need to sanitize gates, railings and showers has been eliminated.  If the decision by the Board is to reopen the pool, whether the furnishings remain or are removed a level of reasonable cleaning/sanitizing should be maintained, as necessary maintenance remains a continuing obligation of the association with regard to common elements/areas, which would require sanitizing the pool gates, handrails, doors, bathrooms and the like minimally as the association normally would,  but clearly should be performed more frequently during these times.

 

Residents of Miami-Dade County will have to wait a while longer to be able to use their association swimming pool because their Order does not yet address opening association swimming pools.

 

We have heard that certain county staff are giving their personal interpretations of the Order(s) in response to questions from board members. If you think that relying on these unofficial and unauthorized interpretations will shield your association from immunity, think again! It is far more likely that staff interpretations of the County Orders will not provide any protection whatsoever, most especially if a resident contracts Covid-19 and a lawsuit is brought against the association. Until local governments revise their Orders to provide missing clarity, the plain language, conservative interpretation of these Orders should be followed to help ensure your association is protected as much as possible under the circumstances. Remember, too, that an association can have stricter requirements than those set out in the orders, but cannot adopt less strict requirements.

 

It is also unclear from the Orders how governmental enforcement of the restrictions is to occur by the County or any municipality, as it seems very (very) unlikely that there will be patrols driving around to check on compliance. Even if such patrols did exist, they could not hope to keep up. The more likely scenario is that the self-reporting of violations could possibly lead to monetary or other penalties against the association. Clearly, if the Board is of the opinion that the requirements in their County’s Order cannot be met at this time, it or are removed is certainly within the reasonable business judgment of the Board to keep those amenities closed. However, that said, reasonable business judgment should not be used by a board to make a decision to open amenities where the board believes it lacks the ability to be fully compliant with their county’s local Orders.

 

 

We encourage board members to contact their association’s legal counsel for guidance regarding reopening any tennis/racquet courts and/or pool facility, and to continue to monitor the guidelines, directives and orders issued by the CDC and the applicable local authorities. Stay safe.

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

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COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

  • Posted: May 03, 2020
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COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

On April 7th, 2020 we had a live webinar

More than 200 people attended the webinar and it was requested that we record it and allow others to watch it.

You can watch the recorded webinar and learn about how to communicate with your residents in an age when we are practicing social distancing and the benefits of hosting a virtual meeting.

We covered several topics including:

Helping your team and residents stay safer by implementing digital  communication channels instead of physical interactions with community staff.

Alleviating the additional stress of situations like COVID-19 by leveraging  technology to organize and run your condo more effectively.

Reducing costs and efforts by hosting virtual meetings.

Here is the link: Watch and Learn

https://ding.conciergeplus.com/webinarcovid19andtechnology

Peter Pietrzkiewicz
sales@conciergeplus.com

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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

  • Posted: May 01, 2020
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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE

Date/Time  May 7, 2020
12:00 pm – 1:00 pm

REGISTER HERE

Castle Group, Kaye Bender Rembaum and Plastridge Insurance invite you to a webinar:  “Association Continuity and Other COVID-19 Concerns”, Episode 2

You are invited to join episode 2 of “Association Continuity and other COVID-19 Concerns” with a special focus on re-opening community amenities and more. Panelists include:
  • Craig Vaughan, Castle Group – President;
  • Michael S . Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, Board Certified in Condominium and Planned Development Law
  • Brendan T. Lynch, AIP AAI, Plastridge Insurance Agency, President
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