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NEW PROVISION REGARDING FINING AND USE RIGHT SUSPENSIONS

NEW PROVISION REGARDING FINING AND USE RIGHT SUSPENSIONS

  • Posted: Feb 19, 2018
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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

  • Posted: Feb 04, 2018
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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

  • Posted: Dec 15, 2017
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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

  • Posted: Jul 12, 2017
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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

  • Posted: Jul 12, 2017
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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.”

  • Posted: Jun 11, 2017
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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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It’s time to begin thinking about and planning for summer.

It’s time to begin thinking about and planning for summer.

  • Posted: Mar 17, 2017
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There are a few things that you can do as a property manager to prepare now for a smooth-running summer.

Now is a great time to begin formulating a newsletter for your tenants that describes all of the things that you will be doing for them as well as what they can do to make their summers as cool and uneventful as possible. Communication is key to setting expectations about what your tenant is expected to do. Open communication with your community is Key for solving problems, Tenants and Owners are your eyes and ears. They live in the buildings they see things that may need to be repaired before you. With this with everyone working together you can get things done and stay on top of repairs in your buildings.

Tenants can help you help themselves by notifying you of any maintenance issues that may best be taken care of now rather than later. Things such as leaky faucets, stuck windows, and appliances that seem to be working a little less effectively than before are key items to look for.

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So how do you get fresh? We’re glad you asked!

So how do you get fresh? We’re glad you asked!

  • Posted: Mar 17, 2017
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So how do you get fresh? We’re glad you asked!

We’ve created a handy checklist of home maintenance tasks. And if you’re struggling to muster up the energy to tackle these chores, we’ve provided tips for how to do them faster and easier—or with the help of a pro.

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What you can’t see is often more important than what you can.

What you can’t see is often more important than what you can.

  • Posted: Feb 09, 2017
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When talking about people we often say it’s what is on the inside that counts, well the same can be said for condominiums. What you can’t see is often more important than what you can.

Many associations came about when developers converted apartment buildings into condos. Others in south Florida are just getting old and while it might not always be obvious on the outside a look inside the walls, under the slab or in the elevator equipment room will give you a better picture of the problems that lurk beneath the surface. All of these things have useful life’s and tend to wear out over time.

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Tips on Property Management Rental Income, Deductions and Record keeping.

Tips on Property Management Rental Income, Deductions and Record keeping.

  • Posted: Oct 02, 2016
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If you own rental real estate, you should be aware of your tax responsibilities.

All rental income must be reported on your tax return, and in general the associated expenses can be deducted from your rental income.

If you are a cash basis taxpayer, you report rental income on your return for the year you receive it, regardless of when it was earned. As a cash basis taxpayer you generally deduct your rental expenses in the year you pay them. If you use an accrual method, you generally report income when you earn it, rather than when you receive it and you deduct your expenses when you incur them, rather than when you pay them. Most individuals use the cash method of accounting.

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