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

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

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

Professional Home & Office Decontamination for Coronavirus by Flash BioClean

Professional Home & Office Decontamination for Coronavirus by Flash BioClean

  • Posted: Apr 20, 2020
  • By:
  • Comments: Comments Off on Professional Home & Office Decontamination for Coronavirus by Flash BioClean

Professional Home & Office Decontamination for Coronavirus by Flash BioClean

 

Indoor Environmental Mitigation and Remediation

Flash Restore specializes in Emergency, and non Emergency, Indoor Environmental Mitigation, Remediation and Decontamination of building materials and their systems, contaminated by Fire, Water, Mold, Hazardous Materials, Pests, and Biological Hazards.

Flash BioClean, which is a dba of Flash Restore, is providing services to treat coronavirus in Homes, Offices, Condos, Assisted Living, Rentals, and all kinds of indoor environments. I have attached a really great brochure that explains it all. Flash BioClean is not your ordinary cleaning company as we are trained, certified, licensed, and insured to work with biohazards and have been for years.

 

FLASH BIOCLEAN COVID-19 BROCHURE

 

Donald Brodsky
C: 561-722-7572
Donald@FlashRestore.com

Flash Restore
6000 Park of Commerce Blvd
Suite C
Boca Raton, FL, 33487
O: 844.FLASH24
O: 844.352.7424
O: 561-475-3000
www.FlashRestore.com

 

Tags:
Is Your Condo or HOA Prepared? How Community Associations Can Recover in the New Economy

Is Your Condo or HOA Prepared? How Community Associations Can Recover in the New Economy

  • Posted: Apr 17, 2020
  • By:
  • Comments: Comments Off on Is Your Condo or HOA Prepared? How Community Associations Can Recover in the New Economy

Is Your Condo or HOA Prepared? How Community Associations Can Recover in the New Economy

by Axela Technologies, Inc
305-392-0389 • www.axela-tech.com
1401 Brickell Ave., Suite 320
Miami, FL 33131

 

With everyone sheltering in place, the Coronavirus pandemic has already pushed the country into a recession. Economists don’t know how long it will take to recover, but we know it will take a lot of hard work to get back to ‘business as usual’.

Community associations are already beginning to feel the effects of the recession with homeowners in financial crisis opting not to pay association fees, and this trend looks like it will get worse before it gets better. And with foreclosures on temporary deferment during the shutdown, the typical methods communities use to collect are unavailable.
But there is hope for communities to navigate this new recession economy. Community associations are one of the few industries that can successfully weather economic depression. You just need to know what tools to leverage to keep the budget healthy.

The new white paper, After the Pandemic, explores the options that are available to community associations and reveals what actions you can take to not just protect your community, but to thrive in the new recession economy we are facing.

 

Download the White paper, “After the Pandemic: How Community Associations Can Recover in the New Economy” today!

 

 

Tags: , , ,
Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols  by DONNA DIMAGGIO BERGER

Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols by DONNA DIMAGGIO BERGER

  • Posted: Apr 17, 2020
  • By:
  • Comments: Comments Off on Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols by DONNA DIMAGGIO BERGER

Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols

by DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

I hope this CALL Alert finds each of you in continued good health.

The extent to which this pandemic has and will impact our private residential communities will not be known for some time. In the interim, we are urging our CALL members to take all recommended precautions to minimize the potential for community spread in their associations.

It is not surprising that some of your residents are pushing back against the COVID-19 protocols you’ve put in place for their protection.  As the weeks go on, you can expect even more violations as residents grow even more restless. However, it is important to remember that any individual who continues to use closed common areas, refuses to adhere to social distancing or enhanced sanitization guidelines or who has been ordered to self quarantine but refuses to do so is not committing a trivial violation. That resident is potentially putting his or her neighbors at serious risk of contracting COVID-19.  As such, boards must react swiftly to such violations.

If you have individuals who have arrived in your community from a hotspot where there has been substantial community spread who do not adhere to the 14-day quarantine order, the penalties can be quite severe. Any person who violates any isolation or quarantine directed by the Department of Health commits a misdemeanor of the 2nd degree punishable by imprisonment not to exceed 60-days and a fine of up to $500.  It is the duty of every state and county attorney, sheriff, police officer and other city and county officials to enforce the DOH’s quarantine order.  That being said, some local officials are stringently enforcing these orders while others are not.  In addition, you may have individuals who are not subject to a quarantine order but have nevertheless jumped the pool fence to continue accessing your closed pool or decided to keep using the fitness room. All of these violations require swift action on your part.

Please click here to read my latest column in the Miami Herald on enforcing your COVID-19 protocols. If you are experiencing violations of your COVID-19 protocols please contact me immediately to discuss your options.

****

Many of you have been following the COVID-19 legislation Congress is passing and wondering whether the relief being offered will apply to your association.The Coronavirus Aid, Relief & Economic Security Act (CARES) is a $2 trillion relief package which allocates $350 billion to help small businesses keep their workers employed throughout this pandemic.  The Small Business Administration (SBA) will provide loans of up to $10 million which may be forgiven provided workers stay employed through the end of June known as the Paycheck Protection Program (PPP). The purpose for these loans is to allow small businesses to fund payroll and to make their mortgage, lease and utility payments. Unfortunately, community associations do not appear to currently be eligible for these payments as they do not fit within any of the eligible categories:

  • Small Businesses with fewer than 500 employees
  • 501(c)(3) organizations (charitable, religious or educational institutions)
  • 501(c)(19) organizations (veterans)
  • Tribal businesses
  • Individuals who operate a sole proprietor
  • Individuals who are independent contractors

There is confusion in some quarters about the difference between a not-for-profit corporation and a nonprofit. Community associations fit within the former category as they are not-for-profit corporations.However, community associations could qualify for Economic Injury Disaster Loans (EIDL) which are low interest loans of up to $2 million with principal and interest deferment at the Administrator’s discretion and are available to pay expenses that could have been met had the disaster not occurred and include payroll and other operating expenses. Obtaining this loan may require membership approval so speak to your Becker attorney when applying for same.

In addition to helping businesses stay afloat, CARES will provide most individuals earning less than $75,000 (based on either one’s 2018 or 2019 tax return) a one-time cash payment of $1,200 with married couples each receiving a payment. Families would also receive $500 per child. People who receive Social Security benefits but do not file tax returns are still eligible for these payments. Individuals who are out of work will receive an additional $600 per week from the federal government on top of the base amount that the State of Florida provides.  CARES also creates a new, temporary Pandemic Unemployment Assistance program through the end of this year to help people who lose work as a direct result of COVID-19 and provides an additional 13 weeks of unemployment insurance. This monetary relief should help ease the financial uncertainties that many of your residents are facing.

****

The Families First Coronavirus Response Act (“FFCRA”) was signed into law on March 18, 2020 and became effective on April 2, 2020. Among other items, this legislation provides paid sick leave and expanded paid leave under the Family and Medical Leave Act (FMLA).  This legislation:Covers all private employers with fewer than 500 employees. Including community association employers that have fewer than 500 employees.

  • Covers both full and part-time employees. Full time employees receive sick leave of up to 80 hours. Provides part-time employees with paid sick leave equal to the number of hours the employee works on average over a 2-week period.
  • Provides that employees may immediately take paid sick leave regardless of the length of employment.
  • Provides that employees may take expanded leave under the FMLA provided the employee must have worked for an employer for at least 30 calendar days.
  • Protects employees who are taking paid sick leave because they have been diagnosed with COVID-19, experiencing symptoms and seeking a diagnosis, experiencing symptoms substantially similar to those exhibited by COVID-19 or who are quarantined by providing them with a maximum of $511 per day or $5,110 in total.
  • Protects employees taking paid sick leave to care for a family member who is sick or quarantined or to care for a child whose school or place of care is closed by providing them with a maximum of $200 per day or $2,000 in total.
  • The FFCRA requires a community association to provide employees leave to care for a child who is not sick. FFCRA requires up to 12 weeks of paid leave to care for a child under 18 years of age if the child’s school or place of care has been closed. It does not matter whether the child is sick. The first 10 days of leave are unpaid, but the employee can use any accrued paid leave during that time. The remainder of the leave is paid at 2/3 of the employee’s regular rate of pay, not to exceed $200 per day or $10,000 in total.
  • Presently there is no relief for community associations with fewer than 50 employees. However the Secretary of Labor under FFCRA has the authority to exempt small businesses with fewer than 50 employees when compliance with FFCRA would jeopardize the viability of the business.
  • Employers who pay leave under FFCRA will be reimbursed through a payroll tax credit.
  • It is unlawful for an employer to retaliate against an employee who takes paid sick leave in accordance with FFCRA or who files a complaint under FFCRA. The penalties are similar to those provided for under the Fair Labor Standards Act which generally provides for lost wages, liquidated damages and attorneys’ fees and costs to a prevailing employee.

So many important aspects of our daily lives have changed since Governor DeSantis first declared a State of Emergency on March 9, 2020 and a national State of Emergency was declared on March 13, 2020.  The coming weeks will continue to present their challenges but we are here to help your board and management professionals.For our most up to date information please visit us at www.beckercovid19.com.

 

Donna DiMaggio Berger

DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

Donna DiMaggio Berger is a member of the College of Community Association Lawyers (CCAL), a prestigious national organization that acknowledges community association attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. Ms. Berger is also one of only 129 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

 

 

 

Tags: , ,
Concierge Plus: Technology for modern property management, automating administrative processes so your condo or HOA runs more efficiently.

Concierge Plus: Technology for modern property management, automating administrative processes so your condo or HOA runs more efficiently.

  • Posted: Apr 17, 2020
  • By:
  • Comments: Comments Off on Concierge Plus: Technology for modern property management, automating administrative processes so your condo or HOA runs more efficiently.

Concierge Plus: technology for modern property management

 

Our property management platform makes life easier for property managers and security companies by increasing efficiencies, improving resident service, and automating administrative processes so your condo or HOA runs more efficiently.

Chris Cooney
Senior Sales Executive — Concierge Plus
T: 305-850-7676 x128 — M: 786-667-0056

New Members of SFPMA

 

 

Improved Workflow

Improved Workflow

We make it a snap to handle service requests, amenity bookings, package deliveries, tracking visitors, and visitor parking.

Convenient Online Access

Convenient Online Access

Say goodbye to paper and binders by digitizing administrative tasks, while giving residents easy online access to many services.

Feature-Rich, All-in Pricing

Feature-Rich, All-in Pricing

Embrace a platform offering control and total flexibility, as well as competitive pricing, product updates and great customer service.

 

Download our PDF Learn More

 

Getting started is fast and easy!

In less than a week, you’ll be handling maintenance requests, amenity bookings, visitor parking, package tracking, resident announcements, and resident information on a secure website, accessible to you at anytime from anywhere. Take your condo online today! Our dedicated Customer Success Specialist team will train your building staff, including on-site training at your location.

 

 

 

Tags: , ,
Please join Community Financials, Mitch Drimmer of Axela Technologies, and Douglas Levy Esq Counsel for Community Association Practice Group at Rees Broome for a webinar

Please join Community Financials, Mitch Drimmer of Axela Technologies, and Douglas Levy Esq Counsel for Community Association Practice Group at Rees Broome for a webinar

  • Posted: Apr 14, 2020
  • By:
  • Comments: Comments Off on Please join Community Financials, Mitch Drimmer of Axela Technologies, and Douglas Levy Esq Counsel for Community Association Practice Group at Rees Broome for a webinar

Please join Community Financials, Mitch Drimmer of Axela Technologies, and Douglas Levy Esq Counsel for Community Association Practice Group at Rees Broome for a webinar

This lively Question and Answer webinar on Assessment Collections during the COVID-19 Crisis Q&A 4/29/20 at 2:30 PM EST

 

 

Go to the article and scroll down to the bottom for the link to this webinar.

 

If you have questions we are going to have a webinar to address this issue and answer your questions:

Webinar – Assessment Collections during the COVID-19 Crisis Q&A with Legal & Collection Experts 4/29/20  at 2:30 PM EST

Douglas Levy  Counsel for Community Association Practice Group  at Rees Broome, PC in Tysons Corner, VA.

Mitchell Drimmer a licensed CAM and President at Axela Technologies a National Collection Agency specializing in Condo and HOA collections.

 

 

CLICK HERE TO REGISTER

 

 

Tags: ,
The Kaye Bender Rembaum Team Remains Available To You and Your Community Association

The Kaye Bender Rembaum Team Remains Available To You and Your Community Association

  • Posted: Apr 07, 2020
  • By:
  • Comments: Comments Off on The Kaye Bender Rembaum Team Remains Available To You and Your Community Association

The Kaye Bender Rembaum Team Remains Available To You and Your Community Association

The health and safety of your Community and all residents is very important to us. We also realize that our clients have uncertainty and concerns around the continuing operation of your Community, and our team of attorneys will remain available to all of you during these times.
In addition, we added a very useful and informative section to our website, which is updated as we continue to follow COVID-19 developments.

In the best interest of our clients, guests and team, we are cancelling all seminars and classes through the end of April 2020.

KBR will continue to keep you informed of all changes and updates, including the status of events we hold and/or appear at remote locations. The Kaye Bender Rembaum family wishes you all safety in the days ahead.

Renewal deadlines extended for all department-issued licenses, permits, registrations, or certificates (including CAM licenses) set to expire in March or April

Governor DeSantis has directed Florida Dept. of Business and Professional Regulation Secretary Halsey Beshears to issue an emergency order suspending renewal deadlines for all department-issued licenses, permits, registrations or certificates set to expire in March and/or April (this includes CAM licenses).

If there are requirements that people have to complete continuing education hours to renew their professional licenses, those will also be suspended for 30 days from the existing renewal deadline.

More information on other department matters related to emergency actions, calendar changes for the board and department meetings, and other operational announcements during this state of emergency can be found at myfloridalicense.com/dbpr/emergency.

 

Mortgage Relief Tracker: Coronavirus (COVID-19) Relief For Homeowners

The federal government and states are implementing protections for homeowners and renters who can’t make payments due to COVID-19. Read it in Forbes…

 

It’s Official: IRS Delays Tax Filing Deadline to July 15, 2020, Munchin Says

“All taxpayers and businesses will have this additional time to file and make payments without interest or penalties.” Read it in Forbes…

 

COVID-19 Update – Broward Pool Closures
Please see the Order from the Broward County Administrator which includes pool closures.
Tags:
YOU CAN STILL BE PRODUCTIVE  By Eric Glazer, Esq.

YOU CAN STILL BE PRODUCTIVE By Eric Glazer, Esq.

  • Posted: Apr 07, 2020
  • By:
  • Comments: Comments Off on YOU CAN STILL BE PRODUCTIVE By Eric Glazer, Esq.

YOU CAN STILL BE PRODUCTIVE

By Eric Glazer, Esq.

You’re under a virtual quarantine?  Haven’t been to work in a while?  Feeling a little trapped in your home?  If you’re a Board member…….when the going gets tough……..that’s no time to shirk your responsibilities and turn off the world.  In fact, believe it or not, now may be the perfect time to attack projects that you have been ignoring forever because you previously had no time.

Let’s start with finally getting around to reading your governing documents and figuring out what terms need updating.  You know you thought about it a million times.  Well…now you have time to address it.  I’ll help.  Maybe you want to focus on whether or not your documents adequately address the following:

  1. The “as amended from time to time” language;
  2. Allows the association to collect the maximum amount of interest and late fees;
  3. Allows for the screening, approval and rejection of lessees and purchasers of units;
  4. Prohibiting short term rentals;
  5. Defines who family members are and requires owners to submit the names of family members entitled to use their unit;
  6. Defines if anyone can occupy the unit in the absence of the unit owner.
  7. Allows the association to charge transfer fees for background checks;
  8. Allows for a specific amount of board members rather than a range;
  9. Making sure your documents properly qualify you as a 55 and over community;
  10. Maybe consider lowering the percentage required to make amendments to the documents;

There are certainly other amendments that may come to your minds and that may be specific to your community.  Now is the time to think about these things, not when life ultimately gets back to normal and life becomes chaotic all over again.  Utilize this down time to stay active, remain productive and finish that condo or HOA to-do list you and your other board members never got around to finishing.

Stop staring at the TV and all the doom and gloom.  Before you know it, you’re going to wish you had the time to do the things you now have the time to do.

 

*My HOA isn’t a 55+ community, so #9 is irrelevant. Our docs are deficient on 7 of the remaining 9 points. We’ve been trying to work on much needed amendments. We’ve been quoted between 50 and 75 thousand dollars by 2 different attorneys in order to bring our docs up to snuff, so probably not gonna happen.

*Good Morning:
Thanks for your great idea. I know we need to include dollar amount of expense that must be approved by the Board.
What is the maximum amount of interest and late fees an Association can collect?

Best not address it at all so you can get rid of the burdensome HOA.

 

 

Tags: ,
HOW DOES AIR QUALITY AFFECT ASTHMA?  by Air Quality Assessors

HOW DOES AIR QUALITY AFFECT ASTHMA? by Air Quality Assessors

  • Posted: Apr 07, 2020
  • By:
  • Comments: Comments Off on HOW DOES AIR QUALITY AFFECT ASTHMA? by Air Quality Assessors

HOW DOES AIR QUALITY AFFECT ASTHMA? by Air Quality Assessors

Those who suffer from asthma realize that the air they breathe affects their health. There may not be a known cure for this chronic illness, but an asthmatic who understands the relationship between air quality and asthma will be better prepared to handle triggers.

 

Does Air Quality Matter For People With Asthma?

Air quality matters more than most people realize. The air you breathe directly affects your lung health. Air quality is a big deal for everyone, but particularly for those who already have chronic lung conditions.

Poor air quality can be created by nature or can be man-made. Polluted air can result from dust, fires, or gases. An asthma sufferer must be aware of the quality of the air they are breathing and know how to respond to it.

One way an asthma sufferer measure pollutants in the air around them is to regularly check the Air Quality Index (AQI). The AQI is usually given by local news agencies during weather forecasts but can also be resourced online at AirNow.gov.

Preparation And Response

Air quality is an issue both outdoors and indoors. Make sure you know how to handle both areas.

Dealing With Outside Air Quality

If you have asthma, the first step you should take to guard against bad air quality is to consult a doctor. The general recommendation for those with asthma is to stay indoors when the AQI is at or above 101. Even if the index shows moderate readings, it is always a good idea to be careful when going outdoors or participating in physical activities.

Dealing With Indoor Air Quality

Since one of the main responses to a high AQI is to stay indoors, it makes sense that your indoor air quality should be clean, fresh, and healthy. Especially if you have asthma, it is important to learn and limit indoor pollutants.

Examples of indoor air pollutants include the following:

● Household cleaners
● Smoke from cooking, candles, fireplaces, or tobacco
● Dirt and dust from the HVAC system
● Dirty carpet and upholstery
● Old air filters
● Dusty furniture
● Pesticides
● Cosmetics, perfumes, and hair sprays

It may be necessary to remove certain chemicals or items from an indoor area, especially if it is obvious that these items cause asthmatic reactions. A few suggestions to improve indoor air quality are to:

● Prohibit smoking tobacco products indoors
● Ventilate the building by opening doors and windows
● Schedule routine HVAC and ductwork maintenance
● Change your air filters
● Use exhaust fans in kitchens, bathrooms, and laundry areas
● Install air filters that are certified for asthma and allergies

Call A Professional

Sometimes it is best to assess an air quality issue with the help of a professional. An experienced service company such as Air Quality Assessors can give expert advice on how to find and deal with any indoor air quality issues. Contact AQA if you have any questions or concerns about the air quality in your home or business. With their combination of experience and knowledge, you can be assured that everything will be handled properly.

We can help with everything from documenting the damages to testing for mold. We may be able to bill directly to your insurance carrier. *call for details
(844) CALL-AQA // (844) 225-5272
www.airqualityassessors.com

 

Tags: ,
COVID-19 Update: Your Questions Answered & Emergency Powers Confirmed by Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum

COVID-19 Update: Your Questions Answered & Emergency Powers Confirmed by Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum

  • Posted: Apr 02, 2020
  • By:
  • Comments: Comments Off on COVID-19 Update: Your Questions Answered & Emergency Powers Confirmed by Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum

COVID-19 Update: Your Questions Answered & Emergency Powers Confirmed

by Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum

 

Rembaum’s Association Roundup

OUR KBR TEAM OF ATTORNEYS OFFER GUIDANCE TO YOUR MOST PRESSING COVID-19 QUESTIONS

1. If we have a resident who tested positive for Covid-19 should we inform the entire community?

If the positive test has been confirmed, while it is ok to alert the entire community that a member has tested positive for Covid-19, it is definitely NOT ok to identify the infected person by name and/or property address.  It is recommended that you contact Association counsel for assistance in preparing or reviewing the notice to the membership.

 

2. What do we do if a confirmed, infected person in our community refuses to self-quarantine?

Consider contacting the County Health Department, the local Police Department, Department of Homeland Security, and Center for Disease Control to report them.  Please be reminded that you have no independent authority to force anyone to self-quarantine.

 

3. Should we close the association clubhouse and gym during the quarantine period? 

With known infections escalating at a breakneck pace, community leaders must make tough business decisions to protect the health, safety and welfare of community residents, staff and to promote compliance with local, state and federal emergency orders and declarations. We recommend implementing strategies to minimize spreading the disease and taking actions designed to maintain a safe environment.  Prohibiting use of indoor common facilities and amenities generally falls within the discretion of the board of directors, particularly in light of the emergency powers granted to all Boards of Directors, during this pandemic, by Florida Statutes, and is strongly recommended by the state health department.

Consequently, we recommend restricting access to these facilities as the most effective way to prevent residents from becoming infected after touching surfaces, railings, entry doors, furniture or other items.  This is especially important if residents typically congregate in the clubhouse in close proximity to each other.

Board members are obligated to act with good faith, with the care of a reasonable person and in the best interests of the community.  It is certainly in the  best interest of the community to maintain a clean and safe environment.  It is likewise in the best interests of the community for the association to promote social distancing in compliance with recommendations of governmental agencies.

 

4. Should we close the association swimming pool during the quarantine period? 

As far as we know, there is no evidence that the infection spreads from one person to another in water, however boards must take the same considerations stated above into account,.  Some associations are permitting owners to use the pool after the association removes the pool furniture, so long as each person agrees to remain 6 feet from one another and limit the number of users to less than 10.  This continued use would still require the association to engage in extraordinary cleaning/sanitizing measures for any high-touch areas including railings, access-ways, bath facilities and the like.  The logistics, costs and possible liability concerns often lead directors to the conclusion that shutting the pool facilities is a far better alternative, which is legally supportable and suggested.

 

5. Should we forgive all assessment payments for 60 days? Should we reduce our budget by 20%?

Certainly these are unprecedented times. Many communities will be faced with critical decisions regarding the likely financial impact the Covid-19 virus will have on the owners and overall operations of the association.

However, as board members have a fiduciary duty to ensure that the association  meets its many financial obligations, we do not recommend adopting a blanket policy to forgive all assessments for all owners for a certain period of days (30, 60, or 90 days), nor do we recommend an immediate reduction in the budget.

The primary reason is that the association must still function in an effective manner, which includes ensuring that its vendors and obligations are timely paid and met, including, without limitation, insurance, maintenance/sanitation of the common elements and facilities, security, and communication services (telephone, internet, cable).  Some communities may have loan repayment obligations as well.  Adopting a blanket policy to forgive all assessments can invariably cause some owners, who otherwise had no intention of withholding payment or paying late, to take advantage of the “amnesty” period, which will only create a negative impact on the association by interrupting the necessary cash flow for community services.

Of course, it is also important to demonstrate compassion during this period and Boards do have the authority to consider hardship requests from an owner on a case-by-case basis, which can include: agreeing to extend the period of time for an owner to make payment; waive late fees; enter into payment plan; or, to send additional late notices before turning a delinquent account over to legal counsel for collection. The types of hardships to be considered by the Board can include, without limitation, a documented reduction in household income by the owner or an increase in household expenses, as well as documented medical reasons.  Also, if there are items in the budget that are discretionary and vendors for these non-essential services are willing to work with the Board to either temporarily suspend those services or defer payment, the board can exercise its reasonable business judgement to work with such vendors on those points.  It is recommended that you review any proposed policies with your association counsel before implementing them.

 

6. Should our association restrict guests or contractors during the quarantine period?

Among the statutory emergency powers of a condominium board is the right to determine any portion of the “condominium 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 based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board.  Condominium property is defined by the Florida Condominium Act (Chapter 718 of Florida Statutes) to include both common elements and units.

However, the statutory emergency powers for homeowners’ associations are a little different. They provide that the board may determine any portion of the “association property” unavailable for entry or occupancy by owners or their family members, tenants, guests, agents, or invitees to protect their health, safety, or welfare based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board.  The term “association property” is not defined by the Florida Homeowners Association Act (Chapter 720 of Florida Statutes), but would seem to refer to property owned by an association, including only the common area and not lots or homes.

Whether an association may, should or must restrict or prohibit guests or contractors from entering the community due to COVID-19 depends upon the nature of the community, applicable law and, of course, the orders or directives from federal, state, county and local authorities.

In many condominiums there are shared elevators, lobbies, entry doors, hallways, stairways and the like.  Since residents are in close proximity to each other, and guests and contractors will typically need to share access points with residents, it is likely reasonable to limit guests and contractors in condominiums with such shared areas.  However, exceptions for guests and contractors who are necessary for the resident must be considered. A condominium association must surely allow a resident to have a guest who is necessary for a disability. In addition, residents may also need guests for other essential purposes and they should not be precluded from accessing units.  Of course, these issues need to be evaluated on a case-by-case basis.

In a condominium setting, it appears reasonable for the board to similarly restrict access and work by contractors, other than those who are performing necessary work, to be determined by the board.  It is not advisable to restrict contractors who are needed to ensure that a unit is fully functional and habitable.  Optional renovations, which are generally unnecessary to maintain or repair the unit, may be  restricted.  It is interesting to note that many of the emergency orders issued by local governments, such as Broward and Palm Beach Counties, provide that contractors are essential workers who may work despite the orders.

As noted above, the authority of the board of a homeowners’ association to prohibit entry or occupancy appears to apply to common areas rather than the lots and homes.  Furthermore, unlike a condominium, even where the homes are attached (such as townhomes), they typically do not have very much shared areas.  Presumably a guest or contractor of a resident is able to go directly to the resident’s home without contacting or affecting areas used by other residents.  As such, the board of a homeowners’ association may not have as much legal support for a restriction on guests or contractors of residents.

 

7. Should our association prevent tenants and owners from moving in during the quarantine period?

Unless there is a future State or local order that further limits or restricts activity in community associations, it does not appear that a restriction preventing owners from moving into a condominium or homeowners’ association community would be reasonable.  The fact is that owners have more rights than tenants, and obstructing an owner from entering their property is likely not warranted unless, for example, the property was destroyed by a hurricane or is otherwise unsafe.  However, it must be recognized that additional use of the shared areas of community associations could lead to the spread of COVID-19.

As a result, certain restrictions on new leases, particularly new short-term leases which have not been approved, may be reasonable to prevent a “revolving door” situation when there is an influx of too many people in the shared areas of the community. This may also include screening tenants concerning whether they have recently been exposed to COVID-19 and using it as a basis to deny immediate occupancy.  As noted above, there is typically less shared area in homeowners’ association communities and, therefore, a homeowners’ association may have less reason to preclude new tenants.  In any event, all applications for the proposed transfer or lease of a unit or lot should be timely reviewed in accordance with the governing documents for the community to ensure that the association complies with any applicable time frames during which approval must be furnished to the owner or applicant.

 

Also, On March 27, Governor DeSantis signed an Order  prohibiting vacation rentals less than 30-days. The Order expires 14 days later unless extended.

We strongly encourage Boards to discuss these issues with your association’s  legal counsel to ensure legal and appropriate measures are being undertaken to deal with this rapidly ever evolving and fluid situation.

 

Confirmation of Emergency Powers

Please see the Order from the Secretary of the D.B.P.R. confirming the application of the Emergency Powers for all Boards, as well as the tolling of the deadline for financial reporting requirements for Condominium, Cooperative and Timeshare Associations, during the current State of Emergency.


Short Term Rental Prohibition Order

On March 27, Governor DeSantis signed an Order  prohibiting vacation rentals less than 30-days. The Order expires 14 days later unless extended.

 

Tags: ,
Rembaum’s Association Roundup: Social Distancing Extended & Clarification of Short Term Rentals Order

Rembaum’s Association Roundup: Social Distancing Extended & Clarification of Short Term Rentals Order

  • Posted: Mar 30, 2020
  • By:
  • Comments: Comments Off on Rembaum’s Association Roundup: Social Distancing Extended & Clarification of Short Term Rentals Order

Rembaum’s Association Roundup: Social Distancing Extended & Clarification of Short Term Rentals Order

by Jeffrey A. Rembaum  brought to you by the Law Firm of  Kaye Bender Rembaum

 

Social Distancing Extended Through End of April & Short Term Rental Clarification 

 

Social Distancing Extended 

As you may have already heard this evening,  the Federal Government’s recommendation on social distancing, originally scheduled to end tomorrow, was extended through the end of April.

 

Clarification Regarding Vacation Rental Order 

On March 27, Governor DeSantis signed an Order  prohibiting vacation rentals less than 30 days (not 30 days or less). The Order expires 14 days later unless otherwise extended.  View the order HERE

 

We strongly encourage Boards to discuss these issues with your association’s  legal counsel to ensure legal and appropriate measures are being undertaken to deal with this rapidly ever evolving and fluid situation.

 

Confirmation of Emergency Powers

Please see the Order from the Secretary of the D.B.P.R. confirming the application of the Emergency Powers for all Boards, as well as the tolling of the deadline for financial reporting requirements for Condominium, Cooperative and Timeshare Associations, during the current State of Emergency.

 

We added a very useful COVID-19 resource section to our website. You can visit it by clicking HERE

 

The Kaye Bender Rembaum Team Remains  Available To You And To

Your Community Association

The health and safety of your Community and all residents is very important to us. We also realize that our clients have uncertainty and concerns around the continuing operation of your Community, and our team of attorneys will remain available to all of you during these times.

 

Legal Sponsor Members of SFPMA

Kaye Bender Rembaum

Kaye Bender Rembaum is dedicated to providing clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns, with offices in Pompano Beach, Palm Beach Gardens & Tampa.

Jeffrey A. Rembaum

Phone: 561-241-4462
E-Mail: JRembaum@KBRLegal.com

 

 

 

Tags: , , ,
WILL IT BE THE FORECLOSURE CRISIS ALL OVER AGAIN?  By Eric Glazer, Esq.

WILL IT BE THE FORECLOSURE CRISIS ALL OVER AGAIN? By Eric Glazer, Esq.

  • Posted: Mar 30, 2020
  • By:
  • Comments: Comments Off on WILL IT BE THE FORECLOSURE CRISIS ALL OVER AGAIN? By Eric Glazer, Esq.

WILL IT BE THE FORECLOSURE CRISIS ALL OVER AGAIN?

By Eric Glazer, Esq.

 

We all remember just how bad our communities suffered about a dozen years ago during the great recession.  Our firm represented condominiums where nearly half of all units went into foreclosure.  It was terrible for community associations.  The paying owners were often times forced to pay double to make up for the monies not being collected from all the delinquent owners.

So, here we are during this Corona Virus crisis and the same questions are being asked again.  How bad will this get for community associations if the unemployment numbers continue to spike?  Can we simply tell everyone they don’t have to pay assessments for a while?  Can we move reserve funds?  Can we borrow money?  Can we change our collection policy to show some mercy?

I don’t think that this time is going to be as bad as last time.  No way.  I’m optimistic that the economy will be bouncing back shortly.  This virus will go away sooner than later, and the government is throwing massive amounts of money at the problem.  In addition, it was a different kind of problem a dozen years ago, where people who couldn’t afford to buy a home, over extended themselves.  It was a time where everyone was upside down on their homes and you didn’t lose much by simply walking away, other than that 5% down payment you made.  Sometimes it was even less.  Now, more people have more equity in their homes so I don’t see them walking away from their property.

Associations obviously cannot tell the owners not to pay assessments.  The association has bills that need to be paid each and every month for employees, insurance, landscaping, repairs, supplies, etc.  These bills can only be paid if owners pay their assessments.  But…. If things get tough, there is no doubt that many owners won’t be able to pay each month.  So what is an association to do?

Some associations have reserve funds.  If the unit owners vote to move these reserve funds into operating, the board can amend the budget and reduce the monthly assessment amounts.  Perhaps an even better idea would be to simply have access to a line of credit that is simply there is the association needs it.  Money is very cheap right now.  This is actually the right time to borrow.  I would strongly suggest applying for that line of credit now, before delinquencies kick in, because once delinquencies are high, the bank is likely to say no.

Some attorneys may be telling associations that now is the time to be tough and make sure to vigorously go after all owners who are delinquent.  I don’t buy into that.  If someone can’t afford to pay the $500.00 they owe you now, why should I send them immediately to collections and inflate that number to $5,000.00?  Are they now suddenly able to pay it?  Did they magically get their job back?  Of course not.  Always try to enter into a reasonable payment plan.  If they are a few months delinquent, perhaps agree that they pay the full amount each month going forward but the delinquencies to be brought current within six months.  Whatever is reasonable.

Boards have to balance the need to pay the bills with the ability to show some compassion and common sense.  If an owner ignores all demands for payment, there may be no choice but to proceed legally.  But, if an owner is truly in dire straits for the time being, is not ignoring the board and simply needs some time, then give them that time.  Sometimes you can’t get blood from a stone, but you can extend a reasonable payment plan to an owner fallen on hard times.

These are tough times everyone.  Hopefully we will never see anything like it again in our lifetimes or our children’s or grand-children’s lifetimes.  History will record how we treated each other during these times.  I hope those history pages show that we did all we could to help each other.

Read other Articles

Legal Members of SFPMA: Membership Page

Glazer & Sachs, P.A.

Florida Homeowners’ Association and Condominium Law Attorneys

Eric M. Glazer, Esq.
Glazer & Sachs, P.A.
Telephone: (954) 983-1112

www.condo-laws.com

 

 

Tags: , ,