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. 

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: , ,
Latest Coronavirus (COVID-19) developments.

Latest Coronavirus (COVID-19) developments.

  • Posted: Mar 24, 2020
  • By:
  • Comments: Comments Off on Latest Coronavirus (COVID-19) developments.

Kaye Bender Rembaum continues to monitor the latest Coronavirus (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.

 


Welcome to Becker’s resource page on COVID-19

We are updating this information on a daily basis. Given the evolving nature of this medical crisis some of the information in older articles may have changed. All of this information is posted to educate and inform our clients but does not constitute specific legal advice. Please consult your Becker attorney for questions.

The rapidly evolving coronavirus (COVID-19) has created an environment of complexity and uncertainty that no doubt has impacted your business in some way. We are here to help you navigate through this challenging time. The business matters listed below are just some of the potential issues that we can assist you with. For over 47 years, Becker has been and remains committed to serving our clients, our team members, and our communities. Together, we will succeed.


 

OTHER EMERGENCY RESOURCES FOR BUSINESSES

Florida Business Damage Assessment Survey
The Florida Business Damage Assessment survey has been activated to assess the impact of COVID-19 on Florida’s local business operations. The survey, managed by the Florida Department of Economic Opportunity (DEO), will evaluate businesses affected by COVID-19 and the impacts the virus has had on the local economy so actions to implement appropriate relief programs can begin.  The Business Damage Assessment Survey can be taken online at https://floridadisaster.biz/.

Florida Small Business Emergency Bridge Loan Program
The Florida Small Business Emergency Bridge Loan Program is currently available to small business owners located in all Florida counties statewide that experienced economic damage as a result of COVID-19.  For details on eligibility requirements and the loan process, visit: https://floridadisasterloan.org/.

Reemployment Assistance Program Resources Administered Through Florida Department of Economic Opportunity
If your employment has been negatively impacted as a result of the mitigation efforts in Florida to stop the spread of COVID-19, you may be eligible to receive Reemployment Assistance.  For more information, review the FDEO Reemployment Assistance FAQS.

U.S. Small Business Administration Disaster Loans
The Small Business Administration (SBA) has announced that Florida small businesses that are being economically impacted by COVID-19 can now apply for low-interest Economic Injury Disaster Loans.  Loans of up to $2 million are available to help meet financial obligations and operating expenses for small businesses statewide that have been impacted since January 31, as well as for private non-profit organizations of any size, small agricultural cooperatives and small aquaculture enterprises.  For more information regarding the SBA Economic Injury Disaster Loans, please visit: SBA Disaster Loan Assistance.

 


Whatever your community decides to do regarding meetings, events, common areas, amenities, and other measures regarding COVID-19, you should clearly and consistently communicate with residents. Use your newsletter, website, email, social media, or bulletin board to inform and educate.


 

SFPMA has been monitoring the outbreak of the COVID-19 (coronavirus) and its impact on our industry

We understand that everyone may have questions:

It is important to recognize we are not health care professionals. We have been looking to the experts. The CDC and other qualified health officials should continue to be the primary source of current information and guidance. Were offering general, precautionary guidance from officials and adding some common-sense guidelines for our industry.

Stay safe from all of us at  SFPMA, the State of Florida Property Management Association

 

Tags:
The Falcon Group: “We will continue to do our best and keep Clients informed of the decisions made internally in regards to this evolving situation”

The Falcon Group: “We will continue to do our best and keep Clients informed of the decisions made internally in regards to this evolving situation”

  • Posted: Mar 17, 2020
  • By:
  • Comments: Comments Off on The Falcon Group: “We will continue to do our best and keep Clients informed of the decisions made internally in regards to this evolving situation”

 

Good morning to our incredible clients, property managers and colleagues;

We all find ourselves in un-chartered waters, the likes of which none of us have ever seen with this virus. Please be assured that all of us at Falcon are monitoring the situation on an hourly basis with our senior leadership. We are continuing to operate and provide service to our clients in a safe and professional manner. Internal office measures are being taken on a regular basis to ensure our space is sanitized and are staff are safe.

Falcon is proud and motivated to continue our strong reputation of service and responsiveness for all construction projects as well as all of our other services. We have informed our project managers/staff that they should sit home at the first signs of any illness or if any of their family members become stricken with cold/ flu like symptoms, if their city of residence has been quarantined, or if their children/ family have been designated to stay home from work school due to a confirmed case of the virus at their respective work/schools in an attempt to limit the spread of this virus or any sickness.

At this time we are continuing to perform our services. Any needed meeting can be done via conference call, Go-To Meeting, Skype, Zoom or other formats any any convenient time, even weekends.

We are happy to work with you to modify any service in a comfortable manner until such time as we all return to normal.

We are confident that our great nation will get through this in, hopefully short order and come out stronger.  We must all work together, help each other as needed and continue to be the best we can be.  We sincerely thank you for the confidence that you have shown in us for the last 23 years and please know that we are motivated to keep your projects moving forward.

Please do not hesitate to reach out me personally or to any of our 100+ team members to assist you in any manner.  We will continue to do our best to keep you informed of the decisions made internally in regards to this evolving situation.

Thank you and be safe,

William Pyznar & Sinisa Kolar

 


 

The Falcon Group – Engineering Architecture Energy Consultants Specialists

Miami ph: 305.663.1970 x509  West Palm Beach ph: 561.290.0504

Valued Members of SFPMA   View their membership page!

An industry-leader providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

 

 

 

Tags: , ,
SO WHAT DO WE DO NOW?  By Eric Glazer, Esq.

SO WHAT DO WE DO NOW?  By Eric Glazer, Esq.

  • Posted: Mar 16, 2020
  • By:
  • Comments: Comments Off on SO WHAT DO WE DO NOW?  By Eric Glazer, Esq.

SO WHAT DO WE DO NOW?  By Eric Glazer, Esq.

Published by Glazer and Sachs, P.A. March 16, 2020 – Re published by SFPMA

 

Wow what a difference a week makes!  The world became different this week, like nothing most of us have ever seen or lived through before.  For the time being, this Corona Virus has changed life as we know it, requiring us not to stay inside and hide, but not to tempt fate, while staying smart and taking necessary precautions so that the disease doesn’t spread and we remain healthy.  

I can’t tell you how many calls and e-mails I received this week asking me about canceling meetings, having meetings by phone, shutting down the common areas and preventing visitors.  As you know, I canceled our Board Certification Seminar scheduled for Wednesday.

 

Here is what I can tell all of you with absolute certainty. NOBODY KNOWS FOR SURE WHAT YOU CAN AND CANNOT DO.  SO….. I CAN ONLY TELL YOU WHAT I THINK……AND WHAT MANY OTHER FLORIDA BAR BOARD CERTIED EXPERTS THINK. But certainly, not all of us agree on everything and some may not agree with my comments below.  However, the Board certified attorneys in this area routinely share ideas on topics on a fantastic e-mail exchange.  It is an honor to be able to share ideas and work with all of them at this crazy time.

So Florida has a law that relates to all community associations in response to damage caused by an event for which a state of emergency is declared.  Well……the entire State of Florida is under a State of Emergency.  However, it is not “in response to damage caused by an event…”  So, does this statute apply?  I’ll go on record and say yes.  What difference does it make why we are under a state of emergency?  The fact is that we are.  The important thing is that we are, not why we are.  Although it is possible, I cannot imagine a judge, arbitrator or the Division taking adverse action against any community association Board of Directors who relies on the emergency powers statute in good faith at this critical time in our history.  So I say….let’s use it.

Many of the statute’s provisions do not apply to our current situation as the statute was clearly designed to apply in response to a devastating hurricane.  I have chosen to leave those portions of the statute in this blog so that our readers can judge for themselves what the true intent of the statute is and if they believe it is applicable to our current situation.  Here is the condo version – similar to the HOA version:

 

718.1265 Association emergency powers.—

(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of s. 617.0830, the board of administration, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the condominium is located, may, but is not required to, exercise the following powers:

(a) Conduct board meetings and membership meetings with notice given as is practicable. Such notice may be given in any practicable manner, including publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium property or any other means the board deems reasonable under the circumstances. Notice of board decisions may be communicated as provided in this paragraph.

 

 

My Comments: Use conference call lines – use GOTO Meeting or ZOOM.  Use any procedure where all unit owners who dial in or log on can hear and even see the Board members, and the owners have the opportunity to address the Board.

(b) Cancel and reschedule any association meeting.

My Comments: Any Association meeting means “any” association meeting.  I know there are many associations that even have their annual meeting coming up.  In an effort to limit large gatherings, Can the annual meeting be canceled and rescheduled?  In my opinion – absolutely.  However, before doing that the Board may consider other reasonable alternatives, such as limiting the physical attendance at the annual meeting to only the Board and management and allowing the others to attend via video conference.

(c) 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.

(d) Relocate the association’s principal office or designate alternative principal offices.

(e) Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.

(f) 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.

(g) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, 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.

My Comments: Many of you have called asking if the clubhouse can be closed as well as other parts of the common elements.  At this juncture I would again say Yes.  Any place where large crowds can gather can be closed as the board is certainly aware that every health official recommends no large gatherings.  The common element gym can certainly be closed as that may be the most dangerous area as people that go there are sweating all over the place.

What about limiting guests and visitors to the condo or HOA?  The Chief Judge of the Broward County Courthouse has entered the following order:

(1) The following persons shall not enter any state courthouse located in Broward County, Florida:

(a) Persons who have been in any of the following countries within the last 14 days:

  1. China
  2. South Korea

iii. Japan

  1. Italy
  2. Iran

 

In my opinion – if this order is appropriate for a courthouse where people do not live, it is certainly appropriate for a Board to implement in the building where families do live.  The reality however is that nobody will likely admit to being in any of these places.

(h) Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal.

My Comments:  Now this is a much tougher one:  Here, the statute was clearly intended to force EVERYONE out of a building that may be on the verge of collapse.   However, coincidentally, earlier this week, I actually won an injunction hearing where a judge prevented a unit owner from coming into the condominium because he was violent and a danger to the community.  I can certainly make the argument that a person infected with the virus is even more of a danger to the community as that person can potentially infect the entire population of the condominium.  It’s also possible to think that a judge would allow that person to get better in their own home – as long as they promise to self quarantine.  Again…..we are in unchartered waters here.

(i) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the condominium property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.

 

 

See my comments to g above

(j) 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.

(k) 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.

My Comments: No question that if the board wanted to triple the amount of personnel necessary for clean-up and disinfectant of the property in order to prevent the spread of the virus, this is perfectly legal.

(l) 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.

(m) 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. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions as are contained in the declaration of condominium, articles, or bylaws of the association.

(2) The special powers authorized under subsection (1) shall be limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the unit owners and the unit owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.

So what’s the bottom line…………..I firmly believe that Board of Directors in Florida have the right to rely on the emergency powers statute.

What’s the other bottom line?  Stay calm, cool and collected.  This too shall pass.  While the Board has a lot of options, perhaps the smart move is to simply close down the clubhouse and party rooms for a few weeks, hire more staff to keep the place clean, and put all meetings on hold until further notice, even if they are the annual meeting or budget meeting.  In the grand scheme of things……so what?

In the interim………. be smart.  No large crowds.  Wash your hands.  Repeat and relax.

I wish all of you and your families nothing but good physical health and maybe more importantly mental health over the next few weeks.  And don’t forget to see if your neighbor needs some help, especially if they are elderly and shouldn’t be going into large supermarket crowds at this time.  While it’s important to know the laws……. I think it’s more important at this time to know how to be good people, friends and neighbors.

 

Glazer & Sachs P.A are members of SFPMA < View their membership page.

 

 

Tags: , , ,
Becker Suspends Community Association Classes in Florida, from now through April 30, 2020

Becker Suspends Community Association Classes in Florida, from now through April 30, 2020

  • Posted: Mar 12, 2020
  • By:
  • Comments: Comments Off on Becker Suspends Community Association Classes in Florida, from now through April 30, 2020

Becker has been closely monitoring the latest coronavirus (COVID-19) developments.

In the interest of the health and safety of our clients and colleagues, we have made a decision to suspend all Community Association classes from now through April 30.

For more information about COVID-19 (including what you can do to protect yourself and minimize risk in your community), please visit www.beckercovid19.com.

As always, we will keep you informed of any changes and updates.

We wish you safety in the days ahead.

Tags: , ,