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Don’t let a natural disaster catch your community off guard! Take charge and be prepared!

Don’t let a natural disaster catch your community off guard! Take charge and be prepared!

The coastal Northeast is experiencing a concerning trend of heating at a faster rate compared to other regions in North America. Researchers have identified a strong correlation between the accelerated warming and the rapidly increasing temperatures in the North Atlantic Ocean and increasing storm intensity. Natural disasters such as hurricanes, tornadoes and coastal flooding can strike at any moment, leaving communities devastated and in need of immediate assistance. It is crucial for communities to be prepared in order to minimize the impact of these disasters and ensure the safety of their residents.

Preparing your community for a natural disaster is crucial to minimize damage, save lives, and facilitate a swift recovery. Here are a few steps to assist with your preparation:

Assessment and Planning:

  • Identify the types of natural disasters that are common in your area, such as earthquakes, hurricanes, floods, wildfires, or tornadoes.
  • Conduct a thorough risk assessment to understand the potential impact of these disasters on infrastructure, buildings, and residents.
  • Collaborate with professionals to create a comprehensive disaster preparedness plan.
  • Make sure that the community has backed up records of their site plans, architectural and structural drawings, as this can greatly assist in the post disaster assessment and recovery process.

Initial building evaluation performed based on the severity of the storm/event:

  • The degree of safety & habitability of the subject building is not always obvious. If there is any doubt or question that there may be structural or building envelope damage to a building, call you Professional Engineer or Architect and have an evaluation performed.
  • In some instances, you may be required by your local municipality to have your professional assist with stabilizing the structure before parties can enter the structure to collect personal belonging that may remain.

Communication and Engagement:

  • Establish a reliable communication system to disseminate information before, during, and after a disaster. This can include email, social media, or text alerts.
  • Designate community leaders or volunteers responsible for communicating updates and instructions.

Contact Insurance:

  • It can take a while to get adjusters to scene following an event. Be sure to take before, during and after photos of any damage that occurred.

Post-Disaster Recovery:

  • Establish a recovery plan that includes damage assessment, debris removal, and restoration of essential services.
  • Plans and specifications may be required to repair or reconstruct the building, depending on severity.
  • Code requirements can impact the work based on if it is classified as repair vs reconstruction. This needs to be carefully reviewed and considered as insurance carriers may try to exclude some of the necessary work, so the Architect or Engineer needs to be well versed on preparing plans for this type of work.

Remember, disaster preparedness is an ongoing effort. Regularly review and update your plans based on new information, changing community demographics, and emerging technologies. By taking proactive steps, you can help your community minimize the impact of natural disasters and ensure a more resilient future.

Contact our team for more information how to be proactive! 

The Falcon Group
Miami
15405 NW 7th Avenue in Miami, FL 33169
ph: 305.663.1970 x509
info@falconengineering.com
WEST PALM BEACH, FLORIDA
5651 Corporate Way, Suite 4, West Palm Beach, Florida 33407
Phone: 561-290-0504
info@falconengineering.com
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Local Condos Failing to Comply with New Milestone Inspections Law

Local Condos Failing to Comply with New Milestone Inspections Law

Recent reporting by the Sun Sentinel chronicled how 124 condominium buildings, representing approximately 25,000 residences in unincorporated Palm Beach County, failed to submit their milestone inspection reports by the end of 2024 as required under the new Florida law. The circumstances described in the article are possibly playing out in other jurisdictions throughout the state in light of the recent passing of the December 31, 2024, deadline by which many residential condominium and cooperative buildings of three stories or more throughout the state were required to have completed their milestone inspections and reports. The article indicated that Palm Beach County officials are now strongly urging the representatives of those communities to submit the required inspection paperwork as soon as possible.

The Florida law, which was enacted in response to the 2021 tragedy of the building collapse in Surfside, required associations for many residential condominium and cooperative buildings 30 years or older and with three or more stories to have filed an inspection report detailing necessary structural building maintenance and required repairs by December 31, 2024 (with the balance of such buildings having to do so by December 31, 2025, depending upon when they reached 30 years of age). During the first phase of the required milestone inspection, a state-licensed architect or engineer must examine the building to assess the condition of its main structural elements. If no repairs are needed and the building passes, the next milestone inspection is due in 10 years.  For buildings in which deterioration is detected, a second phase of inspections is subsequently required to take place within the ensuing 180 days, but that timeframe can be extended if extra time is deemed necessary.

Unfortunately, some condominium and cooperative associations required to have complied failed to do so, citing factors which include a lack of funds to perform such inspections, unavailability of qualified professionals to timely perform the inspections and reports, or a general misunderstanding as to the need to comply with the required inspections. Elected and other governmental officials seem to be struggling with the best approach to compel compliance, given that stakeholders in many communities are complaining about the burdens being imposed upon them due to the inspection requirements as well as the newly enacted structural integrity reserve funding obligations, installation or upgrades of bi-directional amplification systems for emergency responders, and the need to fund costly property insurance premiums also required by state law.

The newspaper quotes Palm Beach County officials illustrating that their objective is to make sure buildings are maintained and repaired, and indicating they are neither looking to “kick people out of their houses” nor “to basically knock down buildings.”

The story indicates that in unincorporated Palm Beach County, more than 500 buildings were supposed to have filed their milestone inspection, but almost a quarter of them failed to do so. The recent reporting found that more than 100 buildings in the county have entered into the second phase of inspections, and more than 200 remain under review under the first phase.  For the 124 properties that have not yet provided any milestone-inspection information, county officials say they remain in the dark about the state of those buildings.

As we continue to move past the inspection and reporting deadline, and approach the deadline for the remainder of buildings required to comply, local governmental officials will wrestle with the best approaches to enforce compliance with the requirements.  Some authorities may opt to begin enforcement with a notice being sent out to remind association registered agents and directors that they are not yet in compliance, steering clear of immediately imposing fines or other penalties. However, other authorities may feel that optimal compliance with the inspection and reporting requirements may not be likely to be achieved without the threat of fines or similar measures.

The recent article further mentioned that along with potential fines, the commissioners and other officials also discussed the use of new signage to be posted at the buildings alerting residents to the fact that the structure has not yet been inspected, as well as the issuance of noncompliance notices to be distributed to all the board members.

For residential condominiums and cooperatives that do not undergo the required inspection, the potential consequences could include difficulty in obtaining insurance renewals along with increased premiums. They could also face potential legal action from their owners, who could find themselves unable to sell their residences and seeking remedies for any decreases in property values that may ensue. Ultimately, the associations for such communities may be forced to increase their assessments in response to these repercussions and any fines that may be imposed.

Our firm strongly recommends that all the associations for residential condominium and cooperative communities that have not already complied with these new requirements for milestone inspections make them an immediate priority and take all reasonable actions necessary to complete the initial phase and file the necessary report to their corresponding building department as soon as possible.

by ROBERTO BLANCH, SIEGFRIED RIVERA


Find engineers for your Inspections.

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Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency Learn how Rimkus can help with your Building Inspections & Repair.

Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency Learn how Rimkus can help with your Building Inspections & Repair.

Building Envelope Services

Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency Learn how Rimkus can help with your Building Inspections & Repair.

From the design of new buildings to the construction materials and technologies used to repair and maintain existing structures, we are uniquely qualified to provide a full range of global building envelope consulting services to help prevent and eliminate problems.

Performance for the Life Cycle of Your Project

Committed to utilizing sustainable materials and methods as applicable, we proactively address performance issues to improve the way buildings are constructed and maintained.

 

View our building envelope services:

  • Building Envelope Assessments
  • Façade Inspections
  • Façade Restoration
  • Historic Preservation
  • Pavement Engineering
  • Roof Consulting
  • Waterproofing and Weatherproofing Assessments and Design

 

Building Envelope Assessments

The Rimkus Built Environment Solutions team can provide a complete assessment of a structure’s building envelope (façades, roofs, windows, balconies, walkways, parking areas, etc.) describing the condition of such and all items in need of repair. A recommended timeline and a projected construction cost will also be provided to assist the owner in projecting future budgets. For a full survey of all building components, Rimkus can increase the scope of the survey and provide a full Property Condition Assessment (PCA) including mechanical, electrical and plumbing systems, elevators, and interiors. Building envelope assessments and PCAs are typically provided with 5- or 10-year projections; however, they may be customized to the client’s needs. These reports can be utilized as a tool to help create capital expenditure budgets and establish maintenance schedules.

Contract Administration

Retaining Rimkus to handle your Contract Administration services on your roof construction projects will provide you with seasoned professionals who know how to control costs and long term outcomes. You will experience greatly improved transparency and accountability from your contractors and you will also be far more likely to maintain critical schedules, budgets, and deadlines on your projects. Rimkus achieves these benefits by maintaining a free flow of information between the Contractor and Owner. Our services also include payment certification and preparation of change orders for any additional work that may be encountered during the course of the project. We strive to protect our clients by confirming that the solutions you invest in meet all of your roofing and building portfolio needs. At Rimkus, you will find a level of personal attention on every project that is unmatched by any of our competitors. Trust in our veteran team, state-of-the-art technology, and our decades of experience in the industry. We offer:

  • Contract Administration
  • Schedule, budget, and deadline maintenance
  • Minimization of building occupant disruptions
  • Payment certification
  • Preparation of change orders
  • Review of shop drawings / material submissions

 

Diagnostic Testing

To properly assess the condition of your roof we need to determine its composition, quality, and moisture content. At Rimkus, we can accurately assess each of those factors with our Destructive and Non-Destructive Testing protocols. It is one of the steps taken during your Roof Condition Analysis and a necessary tool in projecting the life expectancy and long-term costs of your roof. We can also use the results to save you money by identifying problems before they become catastrophic. We strive to protect our clients by confirming that the solutions you invest in meet all of your roofing and building portfolio needs. At Rimkus, you will find a level of personal attention on every project that is unmatched by any of our competitors. You can place your trust in our veteran team, state-of-the-art technology, and our decades of experience in the industry.

We offer a variety of diagnostic testing methods:

  • Infrared thermography
  • Tramex moisture meter
  • Electrical Field Vector Mapping (EFVM)
  • Core cut testing
  • Delmhorst Probe

 

Façade Inspections

When façade elements fail, components could fall, thereby putting people and property at risk. As a response to this, many cities have passed façade ordinances to identify unsafe conditions, such as loose façade components or materials that may fall and cause damage to property or injury to pedestrians. At Rimkus, we provide professional building inspections supported by recommendations and design for proactive maintenance and repair programs. Façade inspections typically fall into one of the following categories:

  • Safe: Requires no attention
  • Safe with a Repair and Maintenance Program: Requires repairs or maintenance within a time period designated by the professional in order to prevent deterioration into an unsafe condition
  • Unsafe: Has no reliable means of structural support and is dangerous to persons or property. Requires prompt remedial action.

Conducting Inspections Inspection requirements range from visual inspection of street-facing façades by architects, engineers, or contractors, to “hands-on inspections” that require licensed engineers or architects to physically touch façade components for each elevation of the building along the entire height of each elevation. Typically, inspections are required for buildings over five stories, with inspection frequencies ranging from two to five years. Our experts are well versed in façade condition assessments and have the experience and knowledge needed to identify repair details as well as oversee the completion of the repairs on behalf of the property owner.

Façade Restoration

The appurtenances of a façade (balconies, fire escapes, etc.) often deteriorate faster than the façade itself and therefore require particular attention and, often, increased maintenance. Repairs to these elements should be addressed in a manner that will prolong the useful life of the appurtenance as well as the repairs performed. The Rimkus Building Envelope team can assist in all phases of façade restoration. We are well versed in façade restoration, with a long track record of success on projects varying from low-rise commercial and residential buildings to luxury high-rise towers. The façade, while best known for its aesthetic, also provides structural support for a building and vertical weatherproofing for its interior spaces. All three of these components should be analyzed during façade restoration. Performing a thorough analysis of the building’s façade prior to design, Rimkus provides a detailed list of findings and recommendations for immediate repairs as well as preventative maintenance to completely address façade functions. At Rimkus, we believe that the key to a successful façade restoration project often occurs before the contractor arrives on-site. A thorough and detailed pre-construction effort, including preliminary investigation, preparation of contract documents, bid process and review, pre-construction meeting(s), and review of all mock-ups and submittals, will often eliminate unnecessary costs and construction delays.

Historic Preservation

Rimkus has had the distinct pleasure of working on numerous historic and landmark structures, including both high-rise and low-rise office buildings as well as a number of ornate residential buildings. Exhaustive research, early coordination with all governing agencies, and involvement of qualified experienced professionals are all essential components in the preservation of these delicate historic structures. When analyzing and repairing the building envelope of historic structures a conservationist perspective is preferable, full-scale repair or replacement is not always best. Thorough documentation of existing conditions including sketches, photographs, and cataloging of deteriorated elements is imperative to the restoration process. The use of new technologies to eliminate unnecessary probes and demolition is advisable. By incorporating the use of laser scanning, Rimkus can achieve an unprecedented level of detail and accuracy during the design phase often without the need for hands-on visual inspections. In addition to providing thorough contract documents; these laser scans will allow for the creation of 3D models of decorative stone units for shop drawings and mold casting.

Leak Investigations

Rimkus offers a thorough approach to leak investigations, recognizing that a successful investigation requires pursuing all possible sources of water infiltration. With years of experience, Rimkus understands that there may be multiple factors contributing to a leak. Rimkus offers a range of services to assist in determining the source(s) of water infiltration, including hands-on and visual inspections, non-destructive testing techniques, and more traditional methods of probes and water tests. Our non-destructive testing techniques include the use of infrared imaging to identify thermal anomalies and moisture-compromised insulation, the use of roof and wall moisture scanners and moisture meters to perform impedance testing and identify the relative moisture content of the material, and electronic leak detection (electric field vector mapping) to identify the precise location of water infiltration.

Roof Condition Assessments

Rimkus recommends a roof condition assessment to better understand the life expectancy of a roof and to address an immediate concern. The result is a promptly delivered roof analysis outlining the strengths and weaknesses of the existing roof system. Our findings are put into a clear and legible report that includes photo evidence, illustrations, and a colored AutoCAD roof plan. We believe that a high level of clarity and transparency is crucial to help our clients make informed decisions. Many of our technicians are RCI Inc., RRC, and RRO certified. Our emergency leak responders can diagnose numerous problems on the spot and expedite the remediation strategy. Capital planning is also an important component that we provide as part this process. We believe it is important to provide our clients with a strategy for future investments and expenditures to meet both the short and long-term budget plans.

Waterproofing and Weatherproofing Assessments and Design

Rimkus assists in the evaluation of existing roofing/waterproofing systems, as well as the design and construction administration of the repair or replacement, of all roofing/waterproofing systems including:

  • Single Ply (Thermoset and Thermoplastic) Systems
  • Modified Bitumen Roof Systems
  • Fluid-Applied Liquid Membranes
  • Vegetative/Green Roofs
  • Balcony Waterproofing
  • Below-Grade and Sidewalk Vault Waterproofing

Similar to most aspects of construction one size, does not fit all with respect to roofing and waterproofing systems. Several factors determine the appropriate system for a particular building, including:

  • Building Code Regulations
  • Requirements of Owner’s Insurance Provider
  • Climate and Wind/Weather Exposure
  • Frequency and Type of Foot Traffic
  • Intended Use (of Roof Surface and Interior Space Below)
  • Mechanical Equipment and Exhaust Units
  • Overall Size
  • Roof Slope
  • Desired Life Expectancy
  • Owner’s Budget
  • Number of Penetrations
  • Roof Deck Composition

Several commonly overlooked processes can be established during the installation of a new roof that will help reduce the cost of future maintenance and extend the service life of the roof system:

Leak detection systems can be installed in most roof systems to use as a quality assurance tool and to allow for easy identification of future leaks. This is particularly important in roofs with an overburden (i.e., inverted roof systems and vegetative roofs). A custom-tailored roof inspection and maintenance schedule should be provided for the owner’s use in prolonging the useful life of the roof system and minimizing the risk of leaks resulting from roof damage.

General Contact Information

 


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Accessible parking isn’t just a nice thing to have – it’s the law. – TrueLines

Accessible parking isn’t just a nice thing to have – it’s the law. – TrueLines

  • Posted: Dec 20, 2024
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Accessible parking isn’t just a nice thing to have – it’s the law.

Most parking lots must provide accessible parking spaces that align with ADA standards.

This legal requirement ensures people with disabilities can park safely and conveniently, making it easier for them to patronize businesses, access services, and participate in community life.

Navigating the legal landscape can be challenging, but with our expertise, your parking lot can open doors for all.

Connect with us to stay informed about the crucial aspects of making your parking lot welcoming and accessible to all.

772-349-4669

admin@truelinesinc.com

www.truelinesinc.com

 

SOUTHEAST FLORIDA’S EXPERT ASPHALT MAINTENANCE CONTRACTOR

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United Professional Engineering (UPE) is a leading professional engineering company based in south-east Florida.

United Professional Engineering (UPE) is a leading professional engineering company based in south-east Florida.

  • Posted: Dec 18, 2024
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United Professional Engineering UPE has been in business since 2005 and we have a diverse team of Professional Engineers, Building Inspectors and General Contractors. Our services include Structural Engineering, Building Upkeep and Restoration Engineering, Building Inspections, Threshold Inspections, Civil Engineering and more.

  At UPE, we understand how valuable your time is and we are committed to providing our industry leading expertise to your next project. Our team welcomes any and all challenges to ensure a smooth and cost-effective project for all our clients and everyone involved. Your journey with us is important, and we take pride in making it memorable!

Today, one of the largest investments is building a structure and how to maintain its lifespan. Structural integrity, environmental factors, atmospheric elements, and maintaining aesthetics are all important factors that we evaluate very carefully, when working on a project. At UPE our highly qualified licensed designers, engineers and general contractors promises to ensure your investment is protected.

Our trusted team members are ready to listen, help and guide you through the process from start to finish. It doesn’t matter what size of your project, we will be able to alleviate your stress and provide you with the quality of service you deserve.

Structural Engineering

Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller.

Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller.

Many engineering firms do not offer residential services. But United Professional Engineering (UPE) does.

We understand the residential market and the homeowner and we value their business. Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller.

 

Residential Structural Inspections

Many engineering firms do not offer residential services. At UPE, we understand the residential market and the homeowner. We value their business and our team is proud to service this sector. Most of the work that we perform for residential homeowners begins with an onsite engineering assessment. Our licensed, structural engineers make a site visit to the property. We survey the areas of concern and assess the severity of the structural problems in question.

After a site investigation is conducted, our structural engineers prepare a structural engineering report outlining onsite findings, identifying probable cause of the structural issue and recommendations for remediation of any structural deficiency uncovered. We provide our clients with a photograph log documenting existing conditions at the time of the site visit. Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller. Give us a call today!

 


United Professional Engineering (UPE)

Provides a unique “one-stop-shop” for all your structural engineering needs in Palm Beach and Broward County. Our South Florida area founded firm has been in business since 1999 and we have a diverse team; from licensed designers and structural engineers to inspectors and general contractors. For that reason, our projects range from designing and restoration to structural inspections and more!

We understand how valuable your time is and we are committed to providing our industry leading expertise to your next project. Our team welcomes any and all challenges to ensure a smooth and cost effective project for all our clients and everyone involved. Your journey with us is important, and we take pride in making it memorable!

At UPE, we understand it is hard to find a service provider you can trust and count on and we are here to change that.

Today, one of the largest investments is building a structure and how to maintain its lifespan. Structural integrity, environmental factors, atmospheric elements, and maintaining aesthetics are all important factors that we evaluate very carefully, when working on a project.

Our highly qualified licensed designers, engineers and general contractors promises to ensure your investment is protected. We believe it’s important to exhibit and maintain an open communication network, while working towards each of our client’s best interests, as well as everyone involved.

We are committed to structural safety and serviceability, identify equilibrium conditions, resolve limitations and utilize preventive and corrective maintenance behavior. UPE is here to help accomplish each milestone of your project, together!

Give us a call today!
📱(561) 582-1733
💻 upefl.com

Find us on the Members Directory on SFPMA.com

LinkedIn:  Find us on LinkedIn

 

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30/40 Year Building Recertification: Your Property Depends on it.

30/40 Year Building Recertification: Your Property Depends on it.

  • Posted: Dec 11, 2024
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30/40 Year Building Recertification: Your Property Depends on it.

Building inspections are crucial for maintaining the safety and integrity of buildings. This is particularly true here in South Florida due to our region’s unique climate and environmental conditions. High humidity, Salt Air, extreme heat, and the hurricane season can all cause damage to building’s structure and envelopes over time. These are some of the reasons why building recertification has become mandated in South Florida every 30 or 40 years, depending on the building’s age.

 

Identifying Hidden Problems

Building inspections are essential to identify underlying problems that may not be readily apparent to residents. For instance, buildings may develop foundation cracks, leaks in the roof, or other issues that can pose significant risks to the property’s structural integrity. Regular inspections can catch these issues early and detect severe problems that may cause serious water damage or building collapse.

Building inspections can prevent these situations, uncover hidden issues, and allow for prompt repair or replacement. Identifying problems early on can also save property owners money and time by preventing more severe cases from developing. Deterioration in coastal environments is a progressive problem that will cost more to address as time passes. By addressing these problems, property owners can promote their buildings’ safety and structural integrity.

 

Cost Savings

Building inspections can provide property owners with significant cost savings in the long run by identifying potential issues early on. Often, structural engineers can find problems during an inspection that can be repaired immediately at a lower cost than if they were allowed to escalate into more significant issues.

For example, if a building inspector discovers a small leak in the roof, the property owner can have it repaired before it causes more extensive damage to the interior of the building. If left unattended, this leak could cause extensive water damage, resulting in costly repairs and possible damage to the building’s structure.

Inspectors may identify areas in the building that could be more energy-efficient. In this case, the property owner can upgrade the building’s insulation, HVAC, or lighting systems—leading to significant savings in energy costs and reducing the property owner’s overall operating expenses.

 

Experience and Expertise

Structural Workshop has extensive experience conducting building inspections. Our experienced engineers and inspectors work closely with clients to help them keep their buildings safeand well-maintained. Whether you are a property manager, building owner, or homeowner, we can help you navigate the complexity of building inspections. Please get in touch with us today to schedule a recertification or learn more about our services.

 



If your company needs marketing please contact our member
Jessica Vail
Vail Marketing Solutions
(908) 528.4087
www.vailmarketingsolutions.com

 

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VIDEO REPLAY webinar:  “Dollars & Sense | Milestone Inspections & Structural Integrity Reserve Studies (aka SIRS): Senate Bill 4-D, What’s Next?”

VIDEO REPLAY webinar: “Dollars & Sense | Milestone Inspections & Structural Integrity Reserve Studies (aka SIRS): Senate Bill 4-D, What’s Next?”

“Dollars & Sense | Milestone Inspections & Structural Integrity Reserve Studies (aka SIRS): Senate Bill 4-D, What’s Next?”

Today’s Requirements vs. Proposed Legislative Changes

Jeff Rembaum provided a thorough update covering the latest proposed changes to the Milestone and Structural Integrity Reserve Study (aka SIRS) requirements.

Jeff joined Kelly Britten (The Castle Group), Greg Main-Baillie and Jeremy Caldwell (Colliers) and Timothy Marshall (A.T. Designs), all of whom provided insight from the perspective of licensed CAMS, project management and engineering, respectively.


Milestone Inspections and Structural Integrity Reserve Studies (SIRS) | Senate Bill 4-D…What’s Next: Today’s Requirements vs. Proposed Legislation. Our panel of experts and professionals answered your questions concerning the new condo reserve laws, proposed legislation, responsibilities and roles of those involved.

    • Jeffrey A. Rembaum, Esq. (Kaye Bender Rembaum)
    • Greg Main-Baillie (Colliers)
    • Jeremy Caldwell (Colliers)
    • Kelly Britten (The Castle Group)
    • Timothy S. Marshall (A.T. Designs)

This webinar does not satisfy any requirements for manangers or board members, nor should it be considered legal advice.

For more great Videos view our YouTube page, view our members videos.

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Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Recovery From Hurricane Ian

Unfortunately, Hurricane Ian was a historic storm and has left a wide and substantial swath of damage across Southwest Florida. As we all work to recover from the ongoing effects of Hurricane Ian, I would like to share a few pointers we have learned from past storms and some things we are experiencing with Ian:

  1. Flood Damage: A significant part of Ian’s damage resulted from rising water, which is generally and generically referred to as “flood damage”. It is very important to note that flood insurance and processing flood insurance claims is covered by federal law, not Florida law. Among the notable differences, federal law requires that a “Proof of Loss” be filed for flood claims within 60 days, and the statute of limitations under flood policies is one year.
  2. Disaster Recovery Contractors: There are a number of large national companies, as well as others, who employ large crews of “storm chasers”, and arrive at disaster sites to shore up the property, dry it in, and dry it out. This is critical work and many of these companies are reputable, but not all are. Bills for significant damage sites can quickly approach seven figures (one million dollars plus) without proper justification. Associations can understandably feel under pressure to sign these companies up quickly but there are several critical things to keep in mind:
  • Approval From Your Insurer: Most reputable companies will be known to your insurers and be able to demonstrate they have the “go ahead” from the insurer before engaging in major work.
  • Mapping”: As Southwest Florida is a significant disaster zone, insurance adjustors are overwhelmed and one may not visit your property for weeks, or longer. It is very important that the disaster relief contractor properly document the conditions it finds and remediates, commonly known as “mapping.”
  • Assignment of Benefits”: Historically, various participants in this field have asked for an assignment of the association’s insurance policy rights, known as an “AOB”’. AOB contracts are now strictly regulated by statute but should never be given to an outside contractor.

While getting dry-out work started quickly is critical, the association should not enter into a contract with a remediation company, or any vendor, if the association is not comfortable with the term of the agreement and confident in the company. It is always better to take a step back and make a thoughtful decision than to rush into a bad agreement.

  1. Application Of Your Community’s Governing Documents: If the association has experienced significant damage, it is critical that the association be aware of the requirements of the governing documents, especially for condominiums. For example, many documents state that if a certain percentage of the units are rendered “uninhabitable” (usually an undefined term), the condominium is automatically “terminated” (legally extinguished) if a vote to rebuild is not taken, often in a very short time frame such as 60 days after the loss. Other “gotcha” clauses in documents might include the requirement to have a bank act as “insurance trustee” for insurance proceeds.
  2. Emergency Powers: The “emergency powers” provisions of the statutes are now in effect. Among other powers conferred are the power to contract for debris removal and authorize appropriate remediation, including removal of wet drywall and cabinetry, subject to any limitations of the condominium documents. The emergency powers statute also gives associations flexibility in noticing and holding membership and board meetings. As much as is practicable, you should consult with your association’s attorney regarding use of the statutory emergency powers.

The next few months will be a trying time for everyone in Southwest Florida and practically every community association will have to deal with some consequence from Hurricane Ian. The decisions that board members and owners make at this time will, to a great degree, determine outcome for many communities.


Joseph E. Adams is a Board Certified Specialist in Condominium and Planned Development Law, and an Office Managing Shareholder with Becker & Poliakoff. Please send your community association legal questions to jadams@beckerlawyers.com. Past editions of the Q&A may be viewed at floridacondohoalawblog.com.

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The Maus Law firm extends “5 Tips to maximize your compensation when filing an insurance claim”.

The Maus Law firm extends “5 Tips to maximize your compensation when filing an insurance claim”.

  • Posted: Oct 30, 2024
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The Maus Law firm extends our heartfelt condolences and prayers to their families and friends who have lost so much.

Our area in East South Florida was fortunate to be spared, but you should always know your insurance rights and obligations. We are here to help.
Here are five important tips on how to build a winning case.
  1. #1: Retain an Attorney. …
  2. #2: Get Medical Treatment for Your Injuries. …
  3. #3: Preserve Evidence. …
  4. #4: Stay Off Social Media. …
  5. #5: Do Not Accept a Quick Settlement.
We are only a phone call away if you would like more information about filing a property damage insurance claim.

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