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

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

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

by RMS Accounting & Royale Management Services

 

JUNE 3rd, 2020 @9am

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

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

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

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

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

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

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

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

We have ANOTHER class scheduled:

NEXT CLASS – JUNE 11th, at 6:00 P.M.

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

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

lydia@condo-laws.com

 

Just say you are registering for the class. You will then get a copy of the link to click on before the seminar starts.
After the on-line seminar, you will be e-mailed your certificate and materials.
Let’s make the best of the cards we were dealt.  Let’s get together and do something fun and useful.
In the mean time, our firm and all of the sponsors of the Condo Craze and HOAs radio show wish all of you and your families nothing but good health and good spirits.  We will all get through this in time.
Hoping to see you (on my computer).
Sincerely,
Eric Glazer
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HOT TO GET THE VOTE- There are two methods of obtaining the votes. by Kaye Bender Rembaum

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

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

by Kaye Bender Rembaum

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

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

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

 

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

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

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

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

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

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

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

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

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

 

 

 

 

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

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

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

by Kaye Bender Rembaum

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

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

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

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

 

PALM BEACH COUNTY – ORDER 2020-07

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

 

TENNIS COURTS:

Applies to Community Associations

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

  1. No congregating on the court or sidelines is permitted.

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

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

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

 

COMMUNITY POOLS:

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

  1. For purposes of this Order, “Community Pools” are defined as any and all pool decks and/or pools, whether of a commercial or noncommercial nature, other than one located on a single family residential lot, a single townhouse unit, or any part of a duplex lot, and which is utilized only by inhabitants of that lot or unit. Examples of Community Pools include, but are not limited to, hotel pools, motel pools, apartment building pools, homeowner association pools, condominium association pools, aquatic centers, or any other facilities that are authorized for use by more than one family.​

  • Community Pools may reopen provided that CDC Guidelines, including all social distancing guidelines, are adhered to. In addition, the following restrictions shall apply:​

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

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

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

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

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

    [Emphasis Added]

     

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

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

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

    2.  Picnic pavilions shall remain closed.

    3.  Use of water fountains is prohibited.

    4.  Basketball courts may be open.

    1. Tennis, racquetball, and pickleball courts may be open.

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

    •  

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

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

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

     

     

    BROWARD COUNTY ORDER 20-10

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

     

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

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

     

    A. Capacity Requirements

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

    1. Community rooms, fitness centers, and gyms shall be limited to residents of the housing development only. No guests shall be allowed.

    2. Exercise machines, equipment and tables must be rearranged and/or closed for use to ensure at least 6 feet of distance between patrons using such machines, equipment, or tables. Social distancing guidelines provided by the CDC shall be adhered to at all times.

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

     

    B. Sanitation and Safety Requirements

    1. Before reopening, the community room, fitness center, or gym (as applicable) must be thoroughly deep cleaned, disinfected, and sanitized. After opening, community rooms, fitness centers, and gyms must be deep cleaned daily.

  • Housing developments shall provide disinfecting wipes, and residents shall be required to wipe down each machine they used after each use.

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

    •  

    C. Gym and Fitness Center Amenities

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

     

    Section 9: Public Community Pools and Private Club Pools.

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

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

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

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

     

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

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

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

     

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

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

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

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

     

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    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 ORDERS: South 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 PARKS: State 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 schools. Palm 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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