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Statutory Limitation on Condominium Transfer Fees

Statutory Limitation on Condominium Transfer Fees

  • Posted: Nov 04, 2019
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Statutory Limitation on Condominium Transfer Fees

A Reminder that the Limit is the Limit

Transfer fees are those fees an association may charge in connection with the sale or lease of a unit. There are significant differences between allowable transfer fees for homeowners’ associations as compared against condominium associations. When it comes to transfer fees for condominium associations, Florida law is patently clear – in no event may such a fee exceed $100 per applicant. In spite of this clear limitation, some condominium associations charge more than the statutory maximum, and doing so is not without significant consequence.

 

In fact, unit owners of a condominium association recently brought a successful class action lawsuit in Miami-Dade County against their condominium association that charged transfer fees beyond the statutory limit. That association now faces a significant financial impact from the suit. Not only must the association return the money charged over the statutory limit to each member of the class, the settlement stipulated that the association must pay $95,000.00 in attorney fees to the law firm representing the residents. The class period was from 2014 to 2019, and the association may end up paying over $200,000.00 to satisfy all the claims in the class. Yikes!

 

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Specifically, section 718.112(2)(i), Florida Statutes, provides that “no charge shall be made by a condominium association in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless i) the association is required to approve such transfer and ii) a fee for such approval is provided for in the declaration. In no event may such fee exceed $100 per applicant other than husband/wife or parent/dependent child, which are considered one applicant.” The law does allow the association to require a prospective lessee place a security deposit, not to exceed the equivalent of one month’s rent, into an escrow account maintained by the association.

 

It is important to note that the statute requires that the condominium’s declaration provide authority to the association to approve a transfer and to impose the transfer fee. If these powers are not granted in your declaration of condominium, the condominium association may not charge any transfer fee. If the declaration of condominium does provide for a transfer fee, then the association must abide by the statutory maximum.

 

It is not unheard of for more than one condominium association to attempt to circumvent the statutory limitation by changing the name of the fee. Some may call the charges “screening fees” or “move in fees,” but that does not change the fact that the fees are still legally considered transfer fees. Remember, the limit is the limit, regardless of whether the condominium association’s expenses in obtaining credit and criminal history reports exceeds the $100.00 limitation. Any condominium association charging more than the statutory maximum is violating the statute and opens itself up to liability. With the award of attorney fees, there is an incentive for attorneys to bring more cases challenging any transfer fees that violate the statute. Your condominium association could be liable for hundreds of thousands of dollars for charging improper transfer fees.

 

On the other hand, there is good news for homeowners’ associations, these statutory maximums only apply to condominium associations. However, homeowners’ associations are not without some statutory limitation. Section 689.28, Florida Statutes, declares that transfer fee covenants violate public policy by impairing marketability of real property. However, section 689.28(2)(c)7., Florida Statutes, does allow a homeowners’, condominium, cooperative, mobile home, or property owners’ association to charge a fee if the declaration allows such a charge. So, a homeowners’ association may only charge a transfer fee if the authority is granted to the association in the declaration. Just keep in mind, if your declaration specifies a set fee, your association is limited to the fee provided in the declaration.

 

Now is a good time for all board members to review their community’s governing documents and seek advice from the association’s lawyer as to whether any existing transfer fee complies with the statutory requirements. A simple check now can help your association avoid costly litigation in the future.

Article written by Jeff Rembaum of KBRLegal.com 
with permission for SFPMA to republish for our industry.

 

Kaye Bender Rembaum, Attorneys at Law

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

Thank You, SFPMA.COM

 

 

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THE FLORIDA LEGISLATURE NEEDS TO MANDATE CONDO AND HOA EDUCATION  By Eric Glazer, Esq.

THE FLORIDA LEGISLATURE NEEDS TO MANDATE CONDO AND HOA EDUCATION By Eric Glazer, Esq.

  • Posted: Oct 28, 2019
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THE FLORIDA LEGISLATURE NEEDS TO MANDATE CONDO AND HOA EDUCATION

By Eric Glazer, Esq.

We all know that condo and HOA board members must get certified within ninety (90) days of getting on to their Board of Directors. Unfortunately however, Florida law allows board members to get certified either by attending an educational course or by signing a ridiculous, silly, self-serving, nonsensical affidavit that says you read your governing documents and promise to enforce them. If you live in a condominium, the affidavit does not require you to say you have read Florida Statute 718. If you live in an HOA, the affidavit does not require you to say you have read Florida Statute 720. In fact, many association documents contain illegal provisions. So leave it to the State of Florida to certify a director who promises to uphold and enforce the illegal provisions contained in their governing documents.

Just a few years ago a Miami Dade County grand jury delivered a blistering report about the state of condominiums in Miami-Dade County. It wasn’t flattering. The grand jury report was on the contrary, a blistering report about just how bad things are in many of our associations. Kickbacks, stealing and conflicts of interest seem to be everywhere. In response to this grand jury finding, The Florida Legislature passed numerous new laws making certain actions a crime. If anyone knows anyone who knows anyone that was arrested under any of these new crimes, let me know because I haven’t heard of anyone. I warned when these laws were passed that the local police departments have murders, rapes and robberies to solve, not election crimes. Sure enough, law enforcement rarely if ever gets involved.

One way that The Florida Legislature could have helped is by mandating that if you want to be a board member you must take an educational class approved by the Department of Business and Professional Regulation. There is no requirement under the law that a Board member be an attorney, accountant, contractor, or have any prior experience in association matters of any kind. Yet, when board members are elected or appointed, they are given the keys to the kingdom and are often times in charge of budgets in the seven or eight figures. They need to immediately know some laws, rules, regulations and have a general understanding of their governing documents. When they don’t, money is misspent. Lawsuits happen. Maintenance suffers and ultimately all the unit owners suffer financially. The lawyers do well however.

I have taught the Board Certification educational course to about 20,000 Floridians all across the state. These people wake up early, take time out of their busy lives and all want to become better board members and keep their association out of harm’s way by attending a 3 hour class. It is embarrassing for me to tell them that they were not required to attend today’s class and instead they could have printed out a stupid form off of the internet, signed it, and have become certified to the same extent as if you took this seminar. It’s insane and it’s insane that The Florida Legislature lets this shenanigans and this farce continue.

After having the honor and privilege of practicing in this area of law for 27 years I am delighted that The Florida Bar now recognizes Condominium and Planned Development Law as an area that is complicated and where attorneys themselves can become “certified.” I am honored to be one of a miniscule percentage of attorneys in the state to be certified in this area. Now it’s time for The Florida Legislature to step up to the plate, realize that education must be mandatory and make sure that board members don’t get certified by signing a dumb form. They have to attend a course for a few measly hours before they get to control millions of dollars in cash and real estate and potentially wreck the lives of their fellow owners. If they can’t find the three hours of time to attend the class how are they going to find the time to attend meetings, pass budgets and solve the association’s problems?

If you agree with me, then make your voice heard today. Not tomorrow. Right Now.

Here is the website to find your local Florida Senator and House members: https://www.flsenate.gov/senators/find

Send them an e-mail today that says:

“I’m writing to demand that The Florida Legislature remove the ability of officers and directors of community associations to become certified by signing an affidavit. All Florida community association directors and officers must be required to attend an educational course approved by the Department of Business and Professional Regulation.”

 

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HOA Balance Sheets

HOA Balance Sheets

  • Posted: Oct 21, 2019
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HOA Balance Sheets

The balance sheet in your HOA financial statement is the quickest and easiest way to get a feel for the financial strength of your community association. There are three parts to a balance sheet: assets, liabilities, and equity.

Assets = Liabilities + Equity. This is the basic formula that your HOA balance sheet should follow. It will provide a general snapshot of how well your association is doing financially at a certain point in time whether it be at the end of every month, quarter, or year. It should be included in every official financial statement.

 

 

  • Assets – the positive. Assets are anything of monetary worth owned by your HOA. This includes things like reserve funds, petty cash, bank accounts, property, etc.
  • Liabilities – the negative. This will be anything owed by the association such as maintenance fees, improvements, or vendor bills. Anything that costs money will be a liability. Depreciation on community structures, vehicles, or equipment also counts as a liability and should also be added to the HOA balance sheet.
  • Equity – what’s left. Equity is the difference between the value of the assets and the value of the liabilities. To find equity, the formula can be rearranged as: Equity = Assets – Liabilities.

 

If you follow the formula and your equity is positive, good job! Your association is doing well and is bringing in more money than it owes. If equity is negative, it means that you should quickly reevaluate your finances; more money is being spent than is coming in.

Not all equity is created equal. Having an equity of $5,000 would be great for a small HOA that only brings in $8,000 monthly but not so great if your community collected $100,000 monthly. That’s where equity ratio comes in. Equity ratio can be calculated by taking your total equity and dividing it by total assets: Equity Ratio = Equity / Assets. Using the same example from above, the smaller HOA would have an equity ratio of 63% while the larger HOA’s ratio would be only 5%. When listed as a ratio, it becomes quite clear which HOA is more financially sound despite having the same total equity.

HOA balance sheets, whether prepared monthly, quarterly, or annually, are a good representation of the daily operation of your community association. A negative equity on an annual sheet does not only mean that an HOA has lost money over the year, but it also means that day to day operations are flawed and need to be reconsidered.

Just as with financial statements, the more frequently balance sheets can be made up, the more insight they can provide into the financial workings of a community association. While it is perfectly acceptable to release financial and balance sheets annually, it is preferred to release them monthly or quarterly. The more information your board of directors has to work with, the more effectively they can operate.

 

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Building Bridges Through Communications

Building Bridges Through Communications

  • Posted: Oct 19, 2019
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Building Bridges Through Improved Communications

Before you can improve on something, it helps to have a clear picture of where the problems are. Take an honest look at what’s been going on between your HOA board and the association members. Perhaps you’ve already tried (several times) to connect with the members of your HOA, but it just doesn’t seem to work. They won’t listen. Or they seem to listen and then ignore what was said. The board members wonder why they can’t get anything through to the association members.

 

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What’s wrong with the bridge we already have?

add this to the article building bridges.The Bridge to Nowhere, located in Southern California was intended to connect two places, but due to flooding, the original road was re-routed and now the bridge is part of a hiking trail. However, its use as a trail is often hampered because the trail going to it washes out, leaving the bridge practically inaccessible. In building a communication bridge, consider the approach—from both sides.

Be knowledgeable and confident in your purpose for the communication in the first place. Make sure the reason is clear and easy to see. As much as possible, prepare the other end of the bridge as well. Is it evident to the association members why they need to pay attention to the board and welcome the information into their lives? And do they have a clear way to approach the board with reactions to what the board says or to express both related and unrelated concerns that are common to the community? Is the board prepared to welcome what the owners say?

Two lanes

Does your communication bridge accommodate traffic going in two directions? Help your association members be prepared to receive your communication and deliver it in a means that is relevant and relatable.

Speak the same language as the members. If you are trying to communicate an issue that the board has researched in-depth or if it is closely related to your personal interests or profession, it might be easy to slip into using jargon. If the members don’t know what you’re saying or if they think you’re being arrogant, they will likely turn you off.

Be direct

What if bridges meandered the way a scenic road up a mountain does, switching back and forth? While both engineering feats serve a purpose, that purpose is not the same and cannot be achieved by the same means. Know what you have to say and say it as concisely as possible.

Maintenance

Even the best bridges require maintenance. Potholes form; supports and structure are subject to forces of nature and friction; the vehicles using it change in size and shape. Over time, the communication bridge between the board and the association members will need attention. The people on the board and in the association fluctuate, economics change, the social environment changes, and nature can affect the physical environment too.

Monitor the use of your communication bridge and be aware of potential problems as they arise. Different communication modes are appropriate at different times. While communicating through brief, direct emails may work at times, there will be other times a regular newsletter will be necessary or maybe you can use bills posted on bulletin boards. Sometimes phone calls are more helpful and other times just keeping the bridge clear by friendly, personal communication like a “hello” when you meet at a mailbox will support more weighty business communications down the road.

Transparency

A bridge smothered in fog may be daunting to traverse. If your association members feel they can’t see what’s going on, they are less likely to approach and you’re left with a communication gap instead of a bridge. Do not shroud important details in mystery and allow members to stumble onto them. Keep relevant information easily visible and accessible.

Structure

Every part of a bridge must be structurally sound to create a safe, positive transfer from one place to another. Make sure the structure supporting your communication bridge is sound. Are you using a management company? They are an important part of your structure. Make sure they are clear on the intent of the board and that the association members know how to access both the management company and the board with their concerns.

 

 

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PANHANDLE RESIDENTS! Make sure to attend this important Townhall! – “Navigating Complex Insurance Claims”

PANHANDLE RESIDENTS! Make sure to attend this important Townhall! – “Navigating Complex Insurance Claims”

  • Posted: Oct 15, 2019
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PANHANDLE RESIDENTS! Make sure to attend this important Townhall! You will be able to share your experience of navigating complex insurance claims resulting from Hurricane Michael.

It’s been a year since Hurricane Michael and over 20,000 claims are still open due to insurance companies delaying your road to recovery. Don’t miss the chance to have your voice heard!

 

DETAILS:
Hosted by Florida’s Insurance Consumer Advocate, Tasha Carter
THIS Saturday, October 19, 2019 from 10:00AM – 2:00PM
Located at Gulf Coast State College (Student Union East Building) 5230 W. US Highway 98 Panama City, FL 32401
Email YourFLVoice@MyFloridaCFO.com for more information

 

 

In cooperation with:  Cohen Law Group

You work hard for your money, but there are so many instances where an insurance company may deny or severely reduce your claim after completing restoration work. Learn how to get the most out of the insurance claims process!

Members of SFPMA

 

 

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TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents. A total of 27 new laws go in to effect.

TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents. A total of 27 new laws go in to effect.

  • Posted: Oct 02, 2019
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TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents.

  • 27 new state laws in Florida
  • New laws take effect Oct. 1 
  • Texting while driving ban, hazing and protection of police dogs and horses

A total of 27 new laws go in to effect.

However, the biggest is a provision of a law that already went into effect: holding a phone or other device while driving.

State lawmakers passed a law that made texting while driving a primary offense in Florida. That law went into effect in July. But starting Tuesday, a provision of the law goes into effect that requires drivers to be “hands-free” in certain areas. If you are spotted holding a phone, whether that be talking on it, flipping through emails, playing Pokemon Go or anything else, police can pull you over and cite you if you are driving in a school or work zone.

We talked to drivers in the Bay area who said they support the new law.

“I think it’s smart because the school zone by my house on MacDill, every single time I’m going through there when the lights are on people are just blowing by me, not paying attention,” said John Meyer. “I don’t think these people on their phones are even going to see the crossing guards. It’s a problem and I’m glad they’re doing something about it.”

“I think we need to protect our children first and foremost. It would be horrible to lose a child over a cell phone and I truly believe they need to implement this law,” said Elisandra Garcia.

Up next, especially for college students, a new hazing law comes into effect.

Senate Bill 1080 will target people who plan acts of hazing or recruit others to help – if there is a permanent injury during the hazing, that will now be a third degree felony. Reporting a hazing incident will get you immunity under the new law.

Police dogs and horses are getting some added protection in a new law taking effect tomorrow. Anyone killing or severely injuring a police horse or dog will now face a potential of 15 years in prison. That is a 10 year increase over the current law.

 

Among the laws going into effect:

  • TEXTING WHILE DRIVING. Lawmakers passed a bill (HB 107) that strengthened the state’s ban on texting while driving by making it a “primary” offense, allowing police to pull over motorists for texting behind the wheel. Most of the measure took effect July 1. But starting Tuesday, it will require motorists to go hands-free on wireless devices in school and work zones. The law directs law-enforcement officers to provide verbal or written warnings until the end of the year for motorists who don’t put down cell phones in those areas. Tickets will start to be issued Jan. 1, punishable as a moving violation with three points assessed against the driver’s license.
  • HAZING. A new law (SB 1080) was crafted after Andrew Coffey, a Florida State University fraternity pledge from Lighthouse Point, died in 2017 after drinking a bottle of Wild Turkey bourbon that had been taped to his hand. The law targets people who plan acts of hazing or solicit others to engage in hazing and makes it a third-degree felony if the hazing results in a permanent injury. The bill also provides immunity to people who call 911 or campus security to report the need for medical assistance during hazing incidents.
  • POLICE DOGS AND HORSES. The measure (SB 96) makes it a second-degree felony, up from a third-degree felony, for people who kill or cause great bodily harm to police, fire or search-and-rescue dogs or police horses. The change boosts the amount of potential prison time from five years to 15 years. Supporters said the bill stems, at least in part, from the deaths of Fang, a member of the Jacksonville Sheriff’s Office canine unit shot and killed by a teenager fleeing after carjacking two women at a gas station, and a Palm Beach County Sheriff’s Office police dog named Cigo that was killed in the line of duty.
  • CHILD-LIKE SEX DOLLS. The law (SB 160), in part, makes it a first-degree misdemeanor to sell, give away or show child-like sex dolls. The charge increases to a third-degree felony on subsequent violations. A committee staff analysis said the importation to the U.S. of sex dolls that resemble children has become increasingly prevalent. “Such dolls are manufactured in China, Hong Kong, or Japan and are shipped to the U.S. labeled as clothing mannequins or models in order to avoid detection,” the analysis said.
  • VETERANS’ COURTS. The law (SB 910) removes a requirement that military veterans be honorably discharged to be eligible for participation in veterans’ courts. It also expands overall eligibility to current or former U.S. defense contractors and military members of allied countries. Veterans’ courts are designed to provide treatment interventions to military veterans and active-duty service members who are charged with criminal offenses and suffer from military-related injuries, such as post-traumatic stress disorder, traumatic brain injury or a substance-abuse disorder.

 

 

You can read the other laws going into effect Tuesday below. to get more details on them, go to the Florida House website.

  • CS/HB 9: Community Redevelopment Agencies:
    Requiring ethics training for community redevelopment agency commissioners; requiring a community redevelopment agency to follow certain procurement procedures; requiring a community redevelopment agency to publish certain digital boundary maps on its website; providing termination dates for certain community redevelopment agencies, etc.

 

  • CS/SB 262 Child Welfare:
    Providing for the name of a child’s guardian ad litem or attorney ad litem to be entered on court orders in dependency proceedings; requiring cooperation between certain parties and the court to achieve permanency for a child as soon as possible; requiring the court during an adjudicatory hearing to advise parents in plain language of certain requirements to achieve permanency with their child, etc.

 

  • CS/CS/HB 725 Commercial Motor Vehicles:
    Exempting persons who operate a commercial motor vehicle solely in intrastate commerce which does not transport hazardous materials in amounts that require placarding from certain requirements related to electronic logging devices and hours of service supporting documents until a specified date; extending an exemption from specified commercial motor vehicle requirements for a commercial vehicle having a certain gross vehicle weight rating and gross combined weight rating, under certain circumstances; revising length and load extension limitations for stinger-steered automobile transporters, etc.

 

  • CS/CS/HB 827 Engineering:
    Prohibiting specified services to the department for a project that is wholly or partially funded by the department and administered by a local governmental entity from being performed by the same entity; revising licensure certification requirements to include active engineering experience and a minimum age; revising the timeframes in which a fee owner or the fee owner’s contractor using a private provider to provide building code inspection services must notify the local building official, etc.

 

  • CS/HB 1057 Motor Vehicles:
    Revises provisions relating to motor vehicle lamps, lights, & warning signals; provides requirements & penalties; revises requirements for release statements & pickup notices for damaged or dismantled motor vehicles; authorizes entity that processes certain transactions or certificates for derelict or salvage motor vehicles to be authorized electronic filing system agent; authorizes DHSMV to adopt rules.

 

  • CS/HB 1247 Construction Bonds:
    Requires notice of nonpayment to be under oath; specifies that claimant or lienor who serves fraudulent notice of nonpayment forfeits his or her rights under bond; provides that service of fraudulent notice of nonpayment is complete defense to claimant’s or lienor’s claim against bond; provides that provision relating to attorney fees applies to certain suits brought by contractors.

 

  • HB 1323 City of Tampa, Hillsborough County:
    Revises investment policy provisions to conform with general law.

 

  • HB 1373 Hillsborough County Civil Service Act:
    Repeals special act relating to the establishment of a fair, neutral, & impartial system for administering employee discipline; requires that agency or authority previously covered under act must provide fair, neutral, & impartial system for administering employee discipline of suspension, involuntary demotion, or dismissal & appeals of such discipline.

 

  • HB 7001 OGSR/State University DSO Research Funding:
    Removes scheduled repeal of exemption relating to exemption from public meeting requirements for portions of certain state university DSO meetings at which proposal seeking research funding or plan for initiating or supporting research is discussed.

 

  • HB 7003 OGSR/Alzheimer’s Disease Research Grant Advisory Board:
    Removes scheduled repeal of exemption from public records & meeting requirements for applications provided to Alzheimer’s Disease Research Grant Advisory Board within DOH & review of such applications.

 

  • HB 7009 OGSR/Identification and Location Information/Department of Health:
    Removes scheduled repeal of exemption from public record requirements for certain personal identifying & location information of specified personnel of DOH, & spouses & children thereof.

 

  • HB 7011 OGSR/Division of Emergency Management: 
  • Removes scheduled repeal of exemption from public meeting requirements for information provided to DEM for purpose of being provided assistance with emergency planning.

 

  • SB 7018 OGSR/Public Research Facility/Animal Research:
    Amending a provision which provides an exemption from public records requirements for the personal identifying information of a person employed by, under contract with, or volunteering for a public research facility that conducts or is engaged in activities related to animal research; removing the scheduled repeal of the exemption, etc.

 

  • HB 7025 OGSR/Treatment-based Drug Court Programs: 
  • Removes scheduled repeal of exemption from public records requirements for certain information relating to screenings for participation in treatment-based drug court programs, behavioral health evaluations, & subsequent treatment status reports.

 

  • HB 7033 OGSR/Family Trust Companies:
    Removes scheduled repeal of exemption relating to certain information held by OFR relating to family trust companies.

 

  • SB 7034 OGSR/Automated License Plate Recognition System:
    Amending a specified provision which provides a public records exemption for certain images and data obtained through the use of an automated license plate recognition system and for personal identifying information of an individual in data generated from such images; removing the scheduled repeal of the exemption, etc.

 

  • SB 7036 OGSR/Payment of Toll on Toll Facilities/Identifying Information:
    Amending a specified provision which provides an exemption from public records requirements for personal identifying information held by the Department of Transportation, a county, a municipality, or an expressway authority for certain purposes; deleting the scheduled repeal of the exemption, etc.

 

  • HB 7047  OGSR/Security Breach Information:
    Removes scheduled repeal of exemption from public record requirements for certain information received by Department of Legal Affairs relating to security breaches.
  • HB 7049 OGSR/Florida Consumer Collection Practices Act:
    Removes scheduled repeal of exemption from public record requirements for certain information held by Office of Financial Regulation pursuant to investigation or examination under Florida Consumer Collection Practices Act.
  • HB 7059  OGSR/Concealed Carry License/DACS:
    Removes scheduled repeal of exemption from public records requirements for certain personal identifying information held by tax collector when individual applies for license to carry concealed weapon or firearm.
  • HB 7091 OGSR/Hurricane and Flood Loss Model Trade Secrets:
    Removes scheduled repeal of exemption relating to certain information related to trade secrets used to design an insurance hurricane or flood loss model.
  • HB 7097 OGSR/Informal Enforcement Actions and Trade Secrets/OFR:
    Removes scheduled repeal of exemptions from public records requirements for certain informal enforcement actions engaged in & trade secrets held by OFR.
  • CS/HB 7125 Administration of Justice:
    Providing for reallocation of unencumbered funds returned to the Crime Stoppers Trust Fund; increasing threshold amounts for certain theft offenses; revising criminal penalties for the third or subsequent offense of driving while license suspended, revoked, canceled, or disqualified; requiring the Department of Children and Families to provide rehabilitation to criminal offenders designated as sexually violent predators; establishing eligibility criteria for expunction of a criminal history record by a person found to have acted in lawful self-defense; creating the Task Force on the Criminal Punishment Code adjunct to the Department of Legal Affairs, etc.

 

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ZUUL Systems is finally here! Communities all around South Florida are making use of ZUUL’s easy-to-use security technology.

ZUUL Systems is finally here! Communities all around South Florida are making use of ZUUL’s easy-to-use security technology.

  • Posted: Sep 27, 2019
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ZUUL’s security technology prevents the passing around of key cards or fobs among guests. By centralizing a guest’s access key to his or her phone, the community’s credentials are more likely to stay secure.

Say goodbye to long lines at the community gate! With ZUUL, guests will no longer need to show their IDs and wait long lines while their information is being logged at a community’s guard gate.

There’s no long-term commitment necessary to have the gate entry system your community deserves. Users can expect no annual contracts when signing up with ZUUL Systems.

ZUUL Systems is finally here! Communities all around South Florida are making use of ZUUL’s easy-to-use security technology. Simply scan your approved QR code at the entrance scanner, and watch the gate rise with ease.

Join ZUUL’s streamlined security system today: www.zuulsystems.com

 

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Don’t have your guard gate operate like a congested mess – Let ZUUL Systems help you speed up the process

Don’t have your guard gate operate like a congested mess – Let ZUUL Systems help you speed up the process

  • Posted: Sep 18, 2019
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Don’t have your guard gate operate like a congested mess, Let ZUUL Systems help you speed up the process

What is ZUUL?

ZUUL is a modern way to deal with the age-old hassle of entering a gated community. It’s an app that enhances existing guest registry and entry systems within a secured neighborhood.

We saw a need to improve the efficiency of entry into gated communities and created ZUUL. The app provides improved mobility, accessibility, and functionality to the residents and visitors of gated communities.

 

WHO BENEFITS FROM ZUUL?

Communities that use ZUUL are safer and operate more efficiently. Residents enjoy peace of mind that no one will enter the community unless they have authorized permission. In turn, guests gain easy access without frustration or hassle.

Planning a Party?

In the past, living in a gated community meant granting guests access to your home for a party or gathering was stressful. With ZUUL, the process of welcoming guests to your get-together is seamless.

To enter, residents of a gated community will send a passcode to an approved visitor. This passcode will allow the visitor to easily enter and pass the security perimeter. The code can be for a single, one-time visit or a recurring pass.

Why wait? ZUUL makes living in a gated community much easier and safer than ever before.

Signing up for ZUUL is simple. Just click the button below to download and start using the system. For more information, click the other button to view a “Residents’ Guide.”

 

 

Community Beta Test Criteria
* 100-500 homes/condos
* 24-hour manned security
* Wifi and Internet at guard house
* Located in Broward and Palm Beach counties (Florida)

What’s in it for your community? Your community can experience shorter wait times at the entrance gate and improved security all throughout your community. ZUUL’s gate access system will be provided by ZUUL Systems at NO COST for the first six months. This will include the software and hardware necessary to operate the security system. All that we ask in return is residents and guards provide feedback to our development team.

SFPMA Members: View our Membership Page

Contact (561) 501-3539

Adam Lucks
CEO
sales@zuulsystems.com
ZUUL Systems
http://zuulsystems.com

 

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Before Storms hit Florida, Building Owners and Managers should have their Storm Drains cleaned.

Before Storms hit Florida, Building Owners and Managers should have their Storm Drains cleaned.

  • Posted: Aug 20, 2019
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Before Storms hit Florida, Building Owners and Managers should have their Storm Drains cleaned

 

Clearing this helps with parking lot, loading docks and your building flooding and causing damage to your properties.

Generally speaking, you’re usually responsible for drains inside the boundaries of your property, while the sewerage company is responsible for lateral drains, which are outside of property boundaries, and sewers.

How to Maintain a Drainage System, find member companies on SFPMA 

  • Allow rain to help settle the loose soil before working the field
  • Driving directly on the tiles can crush the pipe and ruin the tile. Straddle the pavers instead for the first year.
  • Back-fill the open trenches carefully, so as not to damage the pipe
  • Clean up unused pieces of pipe and do not use the open trench for garbage disposal
  • Do not work the land if wet or moist with excess water
  • Rotate the location of cattle hay feeders
  • Clean drainage boxes once a month if present. Drainage boxes trap sediments

 

 

From Pipe Repairs to Cleaning of your storm Drains. You can find members of sfpma.com ready to help!

 

https://sfpma.com/listings/storm-drain-cleaning-repair/

 

 

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Working with vendors is a large part of serving on the board.

Working with vendors is a large part of serving on the board.

  • Posted: Aug 18, 2019
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Working with vendors is a large part of serving on the board.

Every community has outside partners for services like landscaping, sanitation, cable and Internet provision, pool maintenance, plumbing, blacktop, valet services and more.

Finding and learning what they do and how they can help is important. Many people ask if its the Management Company’s responsibility to find the best vendors for the properties? Well we have found that Boards help in the selecting of the right companies. They give their suggestions to the Management companies. This way favoritism does not take place. Laws are being changed as we speak that will prevent this for Florida’s Property Management Industry.

Open and effective communication among the board, the management company and the vendors employed by the association is an important part of making the most of any community’s operating budget and improving the lifestyles of its residents.

Focusing on great communication and why it matters.

What can happen if communication among those entities isn’t consistent, open and effective?

“Ineffective communication with vendors can cost your community money, but more importantly, it can result in loss of trust,” according to Frank Mari, executive director of SFPMA “ That means trust that the residents have in both the management company and the board, and also the trust the board has in the management company to manage vendors and recommend the right vendors for the community.

Poor communication with vendors can cost your association money too. If you don’t understand the details in a contract and don’t keep an open line for questions and clarifications, you may not realize that your community isn’t getting the services you think you are signing up for…. and then you will need to pay for the missing elements separately, impacting your operating budget.

Mr. Mari says “Talk to your landscaper in the middle of winter, not just spring and summer,”. also “If you’re an auditor, check in with the board and management company a few times of year, not just when the audit needs to be done.” Call them ask them to do a walk through of the buildings with you, its a great time for communication, Remember Preventive Maintenance is Key.

If you aren’t sure whether or not your current property management maintains open communication with vendors, ask! It’s important to make sure that outside vendors operate in the best interests of your community. We are all well-versed in the importance of vendor relationships and effective communication, ” Frank explained. “Boards appreciate that we bring that additional level of support. Because of the trust we create with our members, almost any situation between boards and vendors can be resolved fairly.” If we are called in there are times we are the go between like a mediator does in any dispute, We get the facts, Listen to both sides and try to come to an agreement with both sides.

Speaking the language A basic part of communication is simply understanding the language each party is speaking. Most board members are not going to be experts in all the areas of running a managed community, but it’s important that you have a basic knowledge of the terminology being used. Board members are expected and required to execute contracts related to things like landscaping and other topics they may not be previously familiar with,”

Talk to your Property Manager and include your Law Firm with contracts. “That fiduciary responsibility means that they need to understand what they are signing, what the work entails. It’s not enough to just consider price. Board members need to know more about what vendors are doing in order to make sure it’s being done right.”

 

 

All HOA and Condo boards should be involved early in vendor selection discussions and leave the details of execution to the management company. It is important the board communicate any critical elements of their vision for the community to the vendor and be clear about what they require from each potential vendor they meet with. Board members must know enough to understand what they should expect, what level of service is being provided for their community and what reasonable expectations are for that vendor.

A landscaping company that cares for a dozen large properties isn’t going to hand-prune every shrub, but that may be what some board members expect because they don’t yet understand the basics of large-scale landscaping,” “Of course, a self-managed community is going require more knowledge from the board members as far as monitoring the work being done and knowing that contracts are being fulfilled properly.

Having a professional management company involved takes that responsibility off board members, because we know best practices, thanks to our experience managing multiple communities.” If you are looking for a Management Company Find Top Florida Companies on our Members Directory on https://www.sfpma.com

How can boards and management companies know they are up-to-date on the terminology and jargon being used by their vendors? Many management companies are SFPMA Members themselves, With this membership there are educational seminars or round tables that let board members hear directly from vendors. “In addition to our in-house educational opportunities, I suggest that board members go to home shows, garden shows and other trade events so they can interact directly with vendors and pick up literature on the latest techniques and products,”.

I ask our members to spend time at meetings, seminars and expos at every one of them get to know the vendors, Collect brochures.  Build those relationships. Listen to the keynote speakers as well. Over the years, vendors have shared with me how they have been impacted by SFPMA and how it makes them want to be part of our success. Obviously, you learn a lot that you take back to their boards and educate them on new information.

All of our members, partners and board members are asked to focus on professional development and educational opportunities that are offered by our Association to our Industry. vendors in many different disciplines host events that allow property managers to earn continuing education credits, and that many welcome board member attendance as well.

When you get to know vendors, you’re ready to work with them as partners, to optimize your community association’s budget and improve the lifestyles of the residents in your community.

State of Florida Property Management Association can help you work with vendors to make the most of your association’s budgets by learning about the Top Companies working in our Industry.

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BECOMING A PAPERLESS ASSOCIATION

BECOMING A PAPERLESS ASSOCIATION

  • Posted: Jul 11, 2019
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BECOMING A PAPERLESS ASSOCIATION

by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM,
Royale Management Services, Inc.
Is it time your association did away with paper records? Paper records take up lots of space, are difficult to share and expensive to store, not to mention the fact that they often attract bugs and other vermin.
Digital records, on the other hand, allow nearly unlimited storage using little or no physical space. Combine this with easy back-up, ease of access and decreased probability of loss of records or mis”ling, and digital records can be very appealing. They are also easier to search, harder to change and can be easily protected from loss due to “re, $ood or other disasters via “cloud” back up. Computer data storage in the “cloud” is inexpensive or sometimes free, and it is encrypted for security. Files can be organized into folders and quickly and easily accessed. Best of all, digital records can be shared and still remain intact so that records are never missing.
The State of Florida is on board. Condominiums with 150 or more units are now required by law to maintain a website and to post a myriad of association documents on it that are accessible only by unit owners.
There are legal considerations in any transition to paperless. It’s a good idea to be sure that the Statutes and the association’s governing documents do not mandate the use of paper documents delivered by mail. Association documents are generally silent on the topic of digitized
records. In fact, they typically don’t even cover paper records since many were written when no other form of record keeping existed. In the absence of any reference to how records are to be maintained other than that they must be maintained, electronic records meet all the requirements.
Florida community associations are permitted to send membership meeting notices and certain board meeting notices to the owners electronically only if the association obtains the written consent of the subject owner.
Further, association business conducted by Board members via email must be retained since they may need to be accessed in the event of a lawsuit.
Association business should be conducted on a dedicated email account, and document storage should be handled with care.
Here at Royale Management, we have been digitizing our associations’ records for many years; and while we still have a few clients that have insisted on keeping paper records, we are in the process of converting those associations to digital records as well.

 

Royale Management Services, a registered and licensed community association management corporation in Florida, works with association Boards of Directors throughout South Florida to oversee the daily activities required for proper management, helping to educate them on their responsibilities, duties, and obligations. Royale’s team members are highly trained in all aspects of community association management and customer service to ensure that proper procedures are followed that keep the association in compliance with all of the rules governing elections, budgeting, accounting, operation, collection and assessment. The #rm and its president are members of the Community Association Institute (CAI),State of Florida Property Management Association (SFPMA) and the Fort Lauderdale Chamber of Commerce.
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