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The Algae Triangle: Managing Nuisance Aquatic Plants Without Pesticides

The Algae Triangle: Managing Nuisance Aquatic Plants Without Pesticides

The Algae Triangle: Managing Nuisance Aquatic Plants Without Pesticides

I frequently use herbicides and algaecides in my line of work. Having attended college and graduate school to be an Ecologist, it isn’t something I thought I would do very often, but with the frequency of environmental problems that involve invasive flora, nuisance aquatic weeds and potentially-toxic algae, EPA-approved pesticides are an invaluable tool. There are, however, times when pesticide use is impractical, imprudent, illegal or impossible. Maybe the HOA or property manager prefers that pesticides not be applied to nearby waters. Perhaps the regulatory bodies in a given area aren’t permitting the use of certain products. Whatever the reason, sometimes this option just isn’t on the table. But how do we effectively manage algae and weeds without pesticides?

I employ a simple concept that I call the algae triangle, though it works for all forms of vegetation. If you had the same fire safety lessons in elementary school, you may remember the Fire Triangle, which is based on the idea that three elements are necessary for fire: fuel, oxygen and heat. If you have enough of all three, you’ll ignite a fire. Eliminate any corner of the triangle, and the fire goes out. Similarly, if you have water, sunlight and nutrients, you’ll likely develop some form of algae or vegetation. If the triangle becomes too imbalanced, the resulting plant species can become a nuisance.

Obviously, in the lake management field, we aren’t removing water from the equation, so establishing balance between each factor is the focus. Putting this concept into practice means understanding how sunlight and nutrients affect the ecology of the waterbody in question. Communities have several natural options to help mitigate against algae and aquatic weed growth, including limiting sunlight, improving water circulation and reducing excess nutrients.

If a stormwater pond receives full sunlight during the growing season, this directly impacts plants and algae by increasing water temperatures and providing the light necessary for photosynthesis. To prevent sunlight from penetrating the water column and stimulating the growth of deep submersed plants and benthic algae, water levels can be increased. Dredging is an effective strategy to increase the depth of a lake or pond, however, it is often the costliest project a community will ever face. Instead, proactive hydro-raking can help maintain existing water depths and prolong the need for dredging by removing unconsolidated muck and organic debris from the bottom of a lake or stormwater pond. Likewise, blue or black pond dye can be applied to reflect sunlight. Pond dye can enhance the aesthetics of a waterbody while simultaneously absorbing sunlight before it can penetrate the waterbody and fuel excessive plant growth.

In addition to thriving in water that receives lots of sunlight, algae and nuisance weeds also flourish in stratified waterbodies. A stagnant, sun-warmed layer floating on top of colder, deeper water can serve as a perfect habitat for undesirable species. Circulation with a diffused aeration system breaks this stratification and allows the water to mix more evenly, resulting in more consistent temperatures and less warming in the sunlit portions of the water. Aeration is also effective at improving the health of an aquatic ecosystem in a number of other ways, such as preventing oxygen depletion and fish kills, improving beneficial bacteria levels, and preventing the release of excess nutrients from the sediment. This brings us to the real meat and potatoes of preventative maintenance: nutrient management.

Phosphorous is the most important nutrient contributing to excess vegetation in lakes and stormwater ponds, and it can enter the water column in runoff containing lawn fertilizers, grass clippings, pet droppings, and waste from faulty septic systems. A number of nutrient reduction strategies should be considered if water quality tests reveal nutrient levels are too high. A professional lake manager can apply beneficial bacteria to the waterbody to utilize nutrients that would otherwise be available for plant and algae growth. Water quality can also be amended by using products that bind with phosphorous to keep it from becoming fuel for nuisance plants. Additionally, strategically planting desirable buffer vegetation around the shore of the waterbody can help to intercept phosphorus before it enters the water and is absorbed by unwanted vegetation. Your lake manager can help identify buffer plants that are native to your region.

When it comes to quickly and effectively managing nuisance aquatic weeds and algae, EPA-approved pesticides can be very useful, and in many instances, they are the safest and most practical option available. Nonetheless, natural and proactive management techniques can be tremendously effective at improving the health and appearance of almost any community waterbody before a problem occurs, which is why it’s important for homeowners associations and property managers to consider sustainable and holistic plant management methods whenever possible.

 

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DEFIBRILLATORS  Is the Liability Worth the Risk?

DEFIBRILLATORS Is the Liability Worth the Risk?

  • Posted: Mar 24, 2018
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DEFIBRILLATORS

Is the Liability Worth the Risk?

About the Editor: Jeffrey Rembaum, Esq.

 

Jeffrey Rembaum, Esq.’s law practice consists of representation of condominium, homeowner, commercial  and mobile home park associations, as well as exclusive country club communities and the developers who build them.  He is a regular columnist for The Condo News, a biweekly publication.

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 16 lawyers and offices in Broward and Palm Beach Counties, is a full service law firm devoted to the representation of more than 1,000 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.

The Firm is ranked ninth in South Florida and 62nd in the Southern U.S. among “Top 300 Small Businesses” by Business Leader magazine.

 

According to the American Heart Association, sudden cardiac arrest (“SCA”) is a leading cause of death in the United States. It is estimated that more than 350,000 lives are taken each year due to the abrupt loss of heart function. However, with technological advances, the number of deaths due to SCA have been lowered through the use of an automated external defibrillator (“AED”). An AED is a portable medical instrument that delivers an electrical impulse to the heart to disrupt and correct an otherwise fatal irregular heartbeat (arrhythmia) and allows a normal rhythm to resume. Although AEDs have been credited with saving countless lives by making it possible for non-medical individuals to respond to a medical emergency, the question must be asked: “Is the liability worth the risk?”

The purchase and availability of AEDs is controlled by state and federal laws and regulations. Pursuant to Florida law, AEDs are required to be installed in public schools, dental offices, and assisted living facilities. AEDs are optional in state parks and state owned or leased facilities. There is no requirementthat community associations in Florida install AED devices on association property and/or association fitness facilities. Although not legally required, there is a growing trend of community associations considering installing AEDs on association property to better protect their residents. When considering whether or not to install an AED device, associations must ensure that all parties (i.e., association management, board of directors, residents, and any other authorized user) understand the potential liability associated with the use of an AED and the protections afforded to them under Florida law.

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Thank you for NOT feeding our wildlife!

Thank you for NOT feeding our wildlife!

  • Posted: Mar 20, 2018
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Thank you for NOT feeding our wildlife!

Families of Muscovy Ducks are a frequent and familiar sight throughout Florida’s Condos and HOA’s, waddling along main roads and byways and paddling in the canals. During recent North American Migration counts, their population consistently ranks in the top dozen of the 149 species of birds found in Florida. Muscovies are year-round breeders, and local populations, if well-fed, can increase dramatically in a short time. A hen can lay as many as 24 eggs in a single clutch, which will hatch in 35 days.

Although Muscovies are not native to the United States, they have been here for over 100 years since being imported from South America where they have long been known as “good eating.” (If you Google “Muscovy Duck,” you would come back with over 80,000 responses—and a good portion of those would be recipes!)

Fortunately, some ducks enjoy protected status, and are not a staple of our dinner tables. Florida’s lakes and waterways have been a bird sanctuary since 1967 (Sec. 90-15). Muscovies are also protected by Florida Statute 828.12 from animal cruelty. However, because local ducks originated in Florida from domestic stock, they are not considered “wildlife” and are not protected by state wildlife laws or the federal Migratory Bird Treaty Act.  State law does prohibit the relocation of Muscovies into wild areas as they may be carriers of diseases which can adversely affect native water-fowl.

So, please do not feed your neighborhood  birds and ducks!  Although we appreciate that feeding Muscovy ducks is enjoyable, it is often not in their best interest. 

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Special Legislative Update – Bill that would limit HOAs from being able to restrict rentals.

Special Legislative Update – Bill that would limit HOAs from being able to restrict rentals.

Special Legislative Update

The Florida legislature is considering a Bill that would limit HOAs from being able to restrict rentals.

You need to act fast to prevent it!!

PRESENTS

Rembaum’s Association Roundup

The community association legal news that you can use!

The free e-magazine for Community Association Managers, Board Members, Owners & Developers

Have an association related question? Find your answer at

RembaumsAssociationRoundup.com

 

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NEW PROVISION REGARDING FINING AND USE RIGHT SUSPENSIONS

NEW PROVISION REGARDING FINING AND USE RIGHT SUSPENSIONS

NEW PROVISION REGARDING FINING AND USE RIGHT SUSPENSIONS

Prior to recent amendments to the procedures for fining and use right suspensions for non-monetary violations,  there was a gap in the Florida Statutes regarding the manner in which a community association’s board of directors and its fining and suspensions committee coexisted, meaning there was no clear guidance with regard to whether the fining committee would first meet and then the board would levy the fine or if the board would first meet, determine the amount of the fine and then the fining committee would meet to provide the offending owner his opportunity to appear. That said, it was clear that if the fining committee did not agree with the fine, then the board could not authorize its levy against the offending owner. Well, now there is great clarity as to the procedural requirements.

Pursuant to the recent amendments to Chapters 718, 719 and 720 of the Florida Statutes, regarding condominiums, cooperatives and homeowners’ associations, respectively, the association’s board of directors must first levy the fine or use right suspension for non-monetary violations at a properly noticed board meeting. After the board of directors has levied the fine or use right suspension for non-monetary violations, the person who is to be fined or suspended must be provided with at least fourteen (14) days’ notice and an opportunity for a hearing before a fining and suspensions committee. The fining and suspensions committee must be comprised of other owners who are neither board members, nor persons residing in a board member’s household. The role of the fining and suspensions committee is limited to determining whether to confirm or reject the fine or use right suspension for non-monetary violations levied by the board of directors.

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Homeowner fined thousands by HOA

Homeowner fined thousands by HOA

Homeowner fined thousands by HOA

The power of Homeowners Associations. They can tell you what color you can paint your house, where to park, even what you can have in your yard. They can also put a lien on your home or even more severe, foreclose on it.
Debra Blue learned the power of her HOA the hard way, but she didn’t just take what the HOA demanded, she fought back. It started when Debra got a letter from her HOA letting her know she did not follow her HOA covenants when it came to the plum color she just painted her shutters.
According to her HOA covenants, she was supposed to get prior approval of the color choice. “It was a complete shock to me, but I immediately apologized, and they asked me to go through the ARC approval process, and I did that within two days,” Debra said.
However, things didn’t go so well for Debra. Her HOA’s Architectural Committee denied the color change and asked her to pick another color.

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Is your Community having a Holiday Party? Five holiday party ideas

Is your Community having a Holiday Party? Five holiday party ideas

Holiday Parties Sure To Please Your Residents

Brought to you by State of Florida Property Management Association  –  https://www.SFPMA.com

The holidays provide the perfect opportunity to bring your neighbors together to celebrate the season. When you have community amenities such as a clubhouse, there’s no need for a neighbor to go through the hassle of hosting your HOA holiday party at his or her home.

Want to throw a holiday party that will bring residents of your community together for a fun-filled evening? Here are five holiday party ideas that are sure to please your residents:

  1. Tacky Sweater Party

While so cliché these days, hosting a tacky sweater party is a great way for residents to break the ice and start mingling with each other. The ugly holiday sweater that was once popular in the 80s is making a big come back, and residents can easily find this festive attire online or come up with their own creations. Encourage residents to channel their inner-tackiness by offering prizes for the ugliest sweaters. If hosting the party at your neighborhood clubhouse, you can spruce up your community amenities for the event with bright-colored lights, oversized holiday inflatables, and tinsel-filled trees.
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A few tips and reminders with everyone, as associations plan their annual meetings

A few tips and reminders with everyone, as associations plan their annual meetings

As associations plan their annual meetings, we thought we would share a few tips and reminders with everyone.

Annual Meetings

RePublished with permission from Our Members:  http://royalemanagement.com/home/

Royale Management Services, Inc.
2319 N. Andrews Avenue, Fort Lauderdale FL 33311
Phone: (954) 563-1269 | (800) 382-1040 | Fax: (954) 563-2153 | Email: CAM@rmsaccounting.com

 

The annual meeting is a member meeting, hence every member can participate. Participation is by properly made motions, seconds, taking part in discussion of motions and through voting.

The first order of business is to appoint the chairperson to run the meeting.  The chairperson can be anyone that the members agree should chair the meeting.  In many associations the board president chairs the meeting; however this requires approval of the members. Some associations ask their manager or attorney to chair the meeting which is acceptable as long as this is approved by the membership.  In large associations having a professional chair the meeting can help to keep it on track and see that the required business gets done properly.

A motion can be made by any member of the association as to who shall chair the meeting.  This motion must be seconded and then voted on by the members present. If the motion is approved by a majority of the member’s present, the chairperson is elected for the meeting.

The Second order of business is to determine whether a quorum of the members is present in person or by proxy.  The quorum requirement is spelled out in the association documents or by state statute.  Without a quorum no business can take place at the meeting.  However, ballots must still be collected.

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A Guide to Being Politically Smart for Board Members

A Guide to Being Politically Smart for Board Members

A Guide to Being Politically Smart for Board Members

RePublished with permission from Our Members:  http://royalemanagement.com/home/

Royale Management Services, Inc.
2319 N. Andrews Avenue, Fort Lauderdale FL 33311
Phone: (954) 563-1269 | (800) 382-1040 | Fax: (954) 563-2153 | Email: CAM@rmsaccounting.com

 

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SUMMER IS HERE: GRILLING RULE VIOLATORS RISK FINES/IMPRISONMENT

SUMMER IS HERE: GRILLING RULE VIOLATORS RISK FINES/IMPRISONMENT

SUMMER IS HERE:  GRILLING RULE VIOLATORS RISK FINES/IMPRISONMENT

by Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

 

The Florida Fire Prevention Code (FFPC) prohibits cooking, using or storing gas or charcoal grills on balconies.   This prohibition also includes fire pits and any other use of fire or flame devices.

The Code also prohibits the storage or use of liquid propane (L.P.) gas in quantities greater than one pound above the first floor in any apartment or condominium. Thus, L.P. gas grills cannot be stored on a balcony. It is important to note that neither can L.P. gas cylinders be stored inside the residential unit or anywhere above the first floor.

Electric grills had been permitted in years past, but the FFPC was amended, effective December 31, 2011, to prohibit their use as well.  The current regulation provides that no hibachi, grill, or other similar devices used for cooking, heating, or any other purposes can be used or kindled on any balcony, under any overhanging portion, or within ten feet of any structure (other than one- and two- family dwellings).  A subsequent amendment in 2014 also prohibited storage of these items.

The only exception to this rule is that listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer’s instructions may be permitted.

Smoking, while not prohibited by law, also can be regulated under individual association rules.

 

What enforcement action will be taken for violators?

The local enforcement procedures and penalties for failure to comply with the Florida Fire Prevention Code, or the Uniform Fire Safety Standards, are found in Broward County Local Amendments to the Florida Fire Prevention F-101.4.

The ordinance states that violators of the fire code may be prosecuted in the same manner as misdemeanors; and, upon conviction, they may be punished by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed 60 days or both.

The ordinance also states that fire inspectors may issue civil citations to violators. A separate citation may be given for each violation, and each day that a violation continues is a separate offense. If the citation is not contested the penalty is $50.00, plus court costs of $8.00. If a violator chooses to contest the citation and is convicted, the judge may impose a penalty up to $500.00 plus court costs for each violation.

 

Safety Tips from the National Fire Protection Association

Don’t let fire make your summer memorable for the wrong reasons.  The National Fire Protection Association offers these grilling safety tips:

  • Propane and charcoal BBQ grills should only be used outdoors.
  • The grill should be placed well away from the home, deck railings and out from under eaves and overhanging branches.
  • Keep children and pets away from the grill area.
  • Keep your grill clean by removing grease or fat buildup from the grills and in trays below the grill.
  • Never leave your grill unattended.

It pays to be safe at all times. Protect yourself, your neighbors and your property.

 

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Over the past several years, all of Florida’s community association statutes have been amended to require that board members be “certified.”

Over the past several years, all of Florida’s community association statutes have been amended to require that board members be “certified.”

Board Members Courses:

Newly elected or appointed board members must sign a form, that provides that the board member has read the association’s governing documents, and that such board member will work to uphold such documents to the best of his or her ability.

Further, the board member must agree that he or she will faithfully discharge his or her fiduciary duty to the association’s members.

In lieu of signing this written certification, a newly elected or appointed director may instead provide a certificate demonstrating that they have satisfactorily completed an approved educational course.    

 Find Upcoming Board Member Courses on our Calendar on SFPMA.COM

A prospective board member can attend and complete such an educational course up to one year in advance of taking a seat on the board.

In the event that a board member fails to either complete an educational course or sign the required form within ninety days of their election or appointment to the board, such board member is suspended from service on the board until they complete the requirement.

SFPMA.COM has a full list of Courses that are offered by our members. View our Calendar of Events and keep informed. Take advantage of these required courses.

Thank You SFPMA

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