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SFPMA Industry Articles | news, legal updates, events & education! 

Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

Marketing: We publish information daily to all of our Social Media Pages; Facebook, Twitter, Google,LinkedIn …..

Marketing: We publish information daily to all of our Social Media Pages; Facebook, Twitter, Google,LinkedIn …..

Keeping everyone informed “we feel is the most important of all services we offer our members!”

Besides events, advocating for our industry, Helping Condo and HOA’s every day, Aiding the Managers whom are members and call or email us for information, Legal Help, Laws, Vendor Problems, now the New Laws for Florida, our Team is constantly referring clients the members ready to help.

SFPMA uses Social Media to inform Clients, Members and Followers. Groups are open to everyone, we send and promote information about member companies that work together in the Property Management Industry.  Supporting each member company and information; getting this information out to readers new members and our industry is important to us!

When most companies do not realize how important it is to let others know what you do on a daily basis. We watch, we visit many of the social media pages for our members. What we see is alarming!. Far to many companies do not utilize what Social Media has to offer them. This is why we are always looking for posts that we can reshare we realize you are not!

 

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Member News: At International Subsea Services, we are focused on providing Subsea Solution services with the highest levels of customer satisfaction

Member News: At International Subsea Services, we are focused on providing Subsea Solution services with the highest levels of customer satisfaction

Exiting news – ISS has officially expanded our marine services installing docks and sea walls across Florida to Texas !!!!

Get your free estimates today to get on the schedule – we have immediate availability with no delays

We are an Independent Contractors of Lake, Pond, and Wetland Installation & Maintenance

The installation and maintenance of lakes, ponds, and wetlands while taking care of cleanliness in your environment are very important these days. The restoration of living shorelines is a creative and productive technique to save water areas from erosion. Erosion is a natural process in which forces of nature such as water or wind crumble and transfer earthen materials to several other areas. The restoration technique actually includes the installation of wetlands plants, grasses, a thick sheet of algae, shrubs, and trees at areas of marine boundaries. This technique involves experts and the careful placement of bio-engineering materials to protect nearby areas of vegetables and soil.

View our services we offer to Homes, HOA’s, Condo’s and the Marine Industry

Living Shoreline & Hillside and Seeking the Best Restoration Company Near Me in FL

The contractors of local lakes and ponds for the restoration process, International Subsea Solution Services, have over 20 years of experience in the field. Whether it is demolition or restoration, every related service is offered by our well-experienced local team. We provide our services in areas of Florida in a fast and easy manner. Our professional pond and lake management services company is legally approved by the installation contractor for Dredge Sox Erosion Solutions. Wetland protection and shoreline restoration services are served by the high-quality products and materials of Dredge Sox. The materials used by our company make and restore banks into perfect-looking living shorelines. We have worked on managing several projects for which clients gave great feedback to our team.

 


Over twenty years of experience in construction inclusive of shoreline pipeline installations and shallow / deep water ROV and diving operations. Experienced in Horizontal Directional Drilling (HDD) of pipelines to include land based excavations associated with such HDD methodology. Marine construction including pile driving and new wharf installations. Installation of Bio-Engineered “Living Shorelines” through out the costal areas providing solutions for your erosion needs.

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DERREK OFFUTT (CEO)

Mobile: (832) 257-0813
Info@int-subsea.com
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Understanding Your Lake “How long will it take to clean up my lake?”

Understanding Your Lake “How long will it take to clean up my lake?”

Understanding Your Lake

“How long will it take to clean up my lake?”

How-Long-to-Clean-Lake

This is one of the most often asked questions applicators get and is also one of the trickier ones to
answer. The hard part of this question is that there are so many variables to take into account when
trying to answer it. Are we dealing with one kind of weed or multiple ones?

Different ones may require separate treatments. Some of those treatments may not be compatible with each other which means they must be done on different visits. How bad is the problem? If the entire lake is affected,
we need to treat it in portions over time so we don’t deplete the dissolved oxygen.

Which herbicide is effective on the weeds you have? Some work quickly, where as others take time to do the job, and
not all herbicides work on every kind of plant. What is the weather? Forecasted rains can wash off or
dilute treatments, forcing work to be postponed.

These are just a few of the things we need to consider before we can even start to give a client an answer and that is just the beginning of the process. The EPA approved products we apply to lakes do not make the weeds magically disappear.

Once they begin to die, most will float to the surface and collect in mats. Then water chemistry,
weather, and lake circulation controls how long it takes for them to break down and sink. Sometimes
lakes will require follow up treatments to take care of re-growth, or dense pockets of plants.

An experienced lake management company can give you an estimate of how long it will take to start to
see results but a definite answer can be difficult. Understand that there is a customized plan being
implemented and that your manager is working to remedy the problem. If you ever have any specific
questions about your lake and its care, the staff at Allstate Resource Management is here to answer
them and provide you with the information you need.


Author: Stephen Montgomery, Senior Biologist


Allstate Resource Management has over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management.

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Event: Continued Discussion on SB-4D and more on How to Prepare Your 2023 Budget

Event: Continued Discussion on SB-4D and more on How to Prepare Your 2023 Budget

Continued Discussion on SB-4D and more on How to Prepare Your 2023

Wednesday, August 17, 2022 | 12 Noon to 1:00pm

Castle Group invites you to join us for Season 3, Episode 12 of Association Leadership. Join our continued discussion on SB-4D and more on how to prepare for your 2023 budget. The live webinar will be hosted by Craig Vaughan, Castle Group – Founder & CFO who will be joined by Attorneys Michael S. Bender and Jeffrey A. Rembaum – Kaye Bender Rembaum, P.L., Board Certified Specialists in Condominium and Planned Development Law, and special guest Steven Gladstone, Gladstone & Company, CPAs, Owner.

Wednesday, August 17, 2022 | 12 Noon to 1:00pm

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Webinar: Loans and Borrowing Money – What Community Associations Need to Know

Webinar: Loans and Borrowing Money – What Community Associations Need to Know

Webinar: Loans and Borrowing Money – What Community Associations Need to Know

WEDNESDAY, AUGUST 10, 2022 AT 10 AM-11AM

There is a lot of confusion when it comes to obtaining a loan as a community association. This webinar is intended to clear the confusion and provide you with the necessary tools to obtain a loan.
You will learn:
• What is and is not collateral for a community association loan
• What type of loan documents to avoid
• The borrowing process from beginning to end
• When to get your attorney involved
This program is not eligible for CEU credit or certificate of completion.
________________________________________
This is going to be presented on Zoom! Full live viewing instructions will be sent to all registrants.
________________________________________

REGISTER NOW:

 

LUNCH & LEARN Q&A WITH KAYE BENDER REMBAUM  08/10/2022  11:30 am – 12:45 pm

LUNCH & LEARN Q&A WITH KAYE BENDER REMBAUM  08/10/2022  11:30 am – 12:45 pm

LUNCH & LEARN Q&A WITH KAYE BENDER REMBAUM

Shawn G. Brown, Esq., BCS from our Tampa location will answer your questions live on Zoom!
RSVP Free HERE

The theme for this Lunch & Learn is Association Operations. Topics to include Cyberstalking & Defamation in Community Associations.
Be sure to ask a question on the registration form, and it may be picked to be addressed live. Shawn will also take questions live, during the discussion!

 

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The second half of the Duct and HVAC cleaning and remediation. Cleaning the Air Handler is a critical part of the process. by Flash Air Care

The second half of the Duct and HVAC cleaning and remediation. Cleaning the Air Handler is a critical part of the process. by Flash Air Care

The second half of the Duct and HVAC cleaning and remediation. Cleaning the Air Handler is a critical part of the process.

Donald Brodsky  President at HOF, Flash Air Care – CAC1817554

Let’s not forget the HVAC Tech on the roof. We were on this roof today at 4:30 am so we can have a few good hours of no sun on our backs.

This is the second half of the Duct and HVAC cleaning and remediation. Cleaning the Air Handler is a critical part of the process. Cleaning Ducts without cleaning the machine that moves the air is just a receipe for re-contamination of the entire system.

Just another job at the Boca Raton Mall this week. Grateful for all the Remediation and Restoration companies that trust Flash Air Care to work side by side on their Mold Remediation projects.

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The Falcon Group is hiring! – apply to team Falcon today!

The Falcon Group is hiring! – apply to team Falcon today!

The Falcon Group is hiring!
Here at Falcon, we are committed to forming meaningful connections, partnerships, and strive each day to foster a sense of belonging and empowerment. We value our diverse workforce and as a result, are a blended family of skilled, educated professionals committed to innovation. Just within out 100+ employees, we have over 20 languages spoken!

Click below to apply to team Falcon today!

https://lnkd.in/e_3gwYMY

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Community Association Collections 101: What Is a Condition Precedent? by Axela Tech.

Community Association Collections 101: What Is a Condition Precedent? by Axela Tech.

Community Association Collections 101: What Is a Condition Precedent?

HOA debt collection and community association management are two very highly-regulated industries. Between sweeping federal regulations like the FDCPA, state statutes dictating operational and communication requirements, local city or county rental ordinances, and of course, individual community governing documents, there is a lot of governance in the HOA and condo association world.

This abundance of legislation can make it hard for board members to know what steps they’re allowed to take (and when!) regarding HOA debt collection.

 

HOA Collections: Condition Precedent and Process

When an owner goes delinquent on their HOA dues, the community usually has a security interest and the ability to foreclose and take limited title to a property. Before they exercise the security interest, and even before they can send a unit into collections, there are specific steps that must be taken. These steps are called “Condition Precedent.”

A condition precedent is defined as “a condition or an event that must occur before a right, claim, duty, or interest arises.” In plain English, certain tasks must be completed before an anticipated action can occur (like a collection effort). You can’t take a vacation until you’ve saved up enough money, right? Same concept.

If your management team does not get the condition precedent right, then your HOA or condo association cannot send a file to collections. Period, end of story. So these are very important steps of the collections process.

 

What Condition Precedent is Needed to Send a File to Collection? 

Condition precedent can vary widely depending on what part of the country you are in and what other legal restrictions your community is under. This will mostly depend on where your HOA or condo association is located, but it can also be impacted by what your own governing documents state.

Some states require a host of steps that need to be taken before a community association can move a file to a collection agency. Some of these steps include but are not limited to:

  • The association must send a courtesy letter to a delinquent owner.
    • In some states (Colorado, for example), if the owner speaks any other language besides English, the community association is required to communicate in their language. This can be critical. It must be a good translation from English that would be acceptable in a court if necessary (so Google Translate is probably not good enough).
  • Sending a Notice of Delinquency to the delinquent owner via certified mail, return receipt requested.
    • The notice should advise the owner that they can enter into an 18-month payment plan.
    • This notice must also advise the owner regarding:
      • Unpaid assessments.
      • Unpaid fines for violations.
      • All other charges should be itemized in this notice.
      • And the association needs to advise the owner that a security interest exists, and the community exercises its right to foreclosure.
  • The association must have a Uniform Collection Policy that will review the steps that the association may take to collect the past due assessments.
  • The board must take a vote (in a closed session) before they send a unit into collections.

 

Get Help Navigating HOA Collection Condition Precedent

While this list covers many common condition precedent requirements, every state will vary. If your association misses a step, it could very well mean that you will lose any progress you’ve made and be bumped back to step one. Community association management firms should understand what their communities are expected to do legally before sending a unit into collections.

Axela Technologies has a team of experts who understand all of the condition precedent steps needed and can help educate on this exact matter. Whether you’re a management company looking to help your associations stay on track, or a board of directors seeking out HOA debt collection assistance, Axela can help.

When you are ready to recover your money, avoid the hassle and get a professional to help. Click here for a free, no-risk consultation with an Axela collections specialist.

 

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Acryfin Dock & Deck Coatings – restore, renew, and revitalize your outdoor surface areas

Acryfin Dock & Deck Coatings – restore, renew, and revitalize your outdoor surface areas

Finally A Deck & Dock Solution In South Florida  Backed By A 10 Year Warranty.

ACRYFIN® is a highly rated product from both commercial and residential consumers and holds an A rating from the Better Business Bureau. It is also certified as Eco-Friendly. Additional benefits of utilizing ACRYFIN®an acrylic polymer coating, to restore, renew, and revitalize your outdoor surface area are the following:

  • Repairs cracks, and untreated wood coating which eliminates dangerous splinters
  • Provides non-skid protection for the safety of your family, guests, or patrons
  • Provides durability to withstand weather-related events and environment
  • Eliminates annual expenses of time and labor for deck staining and/or repainting
  • Unlimited color selection to match your vision for deck and dock paint
  • Environmentally friendly, non-toxic and VOC-free
  • Perfect for both commercial, industrial, and residential application

ACRYFIN® is an industrial strength acrylic polymer coating that can be applied to many surfaces including wood and concrete. From full service marinas, restaurants, and beach boardwalks to any residential area; no job is too big or too small!

Lets chat: Contact us for a quote for your property today.

 

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OTHER NEW CONDO LAWS TO KNOW – PART ONE

OTHER NEW CONDO LAWS TO KNOW – PART ONE

  • Posted: Jul 26, 2022
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  • Comments: Comments Off on OTHER NEW CONDO LAWS TO KNOW – PART ONE

SOME OTHER NEW LAWS CONDOS MUST FOLLOW – PART ONE

By Eric Glazer, Esq.

We all know by now the myriad of new safety laws condos that are 3 stories or more are required to follow.  They include mandatory fire sprinklers or an engineered life safety system (for buildings 75 feet or higher only), a Phase One Milestone Inspection after 30 years and every ten years thereafter (25 years if the building is on the coast), a likely Phase Two Inspection which will result in required repairs to the structure and of course structural integrity reserve studies performed by an architect or engineer and the mandatory full funding of reserve accounts.

There’s actually more to know.

OFFICIAL RECORDS TO INCLUDE  AND BE POSTED ON THE ASSOCIATION’S WEBSITE:

  1. All audits, reviews, accounting statements,structural  integrity reserve studies, and financial reports of the association or condominium. Structural integrity reserve studies  must be maintained for at least 15 years after the study is completed.

 

A copy of the inspection reports for the milestone inspections and the structural integrity reserve studies  and any other inspection report relating to a structural or life safety inspection of the condominium property. Such record must be maintained by the association for 15 years after receipt of the report.

NO LONGER IS THERE THE ABILITY

TO WAIVE RESERVES OR USE THEM FOR OTHER PURPOSES

 

It was always ridiculously easy to waive the funding of the reserve account.  All it took was a lousy majority of a quorum.  Those days are now over and reserve accounts must be fully funded, like it or not.

The same rule finally applies to developers.  Before turnover of control of an association by a developer to unit owners other than a developer under 718.301, the developer-controlled association developer may not vote the voting interests allocated to its units to waive the reserves or reduce the funding of the reserves.

You can no longer vote to use reserves set aside for one category to be used to repair another category.  Effective December 31, 2024, members of a unit-owner controlled association may not vote to use reserve funds, or any interest accruing thereon, that are reserved for items listed in paragraph (g) for any other purpose other than their intended purpose.

(g) Structural integrity reserve study.

  1. An association must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height which includes, at a minimum,  a study of the following items as related to the structural integrity and safety of the building:
  2. Roof. 
  3. Load-bearing walls or other primary structural members.
  4. Floor. 
  5. Foundation.
  6. Fireproofing and fire protection systems. 
  7. Plumbing. 
  8. Electrical systems. 
  9. Waterproofing and exterior painting. 
  10. Windows.
  11. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study.
  12. Before a developer turns over control of an association  to unit owners other than the developer, the developer must have a structural integrity reserve study completed for each building on the condominium property that is three stories or higher in height.

 

  1. Associations existing on or before July 1, 2022, which are controlled by unit owners other than the developer, must have a structural integrity reserve study completed by December 31, 2024, for each building on the condominium property that is three stories or higher in height.

BREACH OF FIDUCIARY DUTY – THIS IS SCARY

 

  1. If an association fails to complete a structural integrity reserve study pursuant to this paragraph,such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners under s. 718.111(1).  If you’re an officer or director, this new law should scare you to death.  If you fail to do the reserve study, you have automatically breached your fiduciary duty.  This could potentially result in individual liability against a director should the failure to do the reserve study result in collapse or injury.

 

(h) Mandatory milestone inspections.—If an association is required to have a milestone inspection performed pursuant to s. 553.899, the association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance with the requirements of s. 553.899. The association is responsible for all costs associated with the inspection. If the officers or directors of an association willfully and knowingly fail to have a milestone inspection performed pursuant to s. 553.899, such failure is a breach of the officers’ and directors’ fiduciary relationship to the unit owners under s. 718.111(1)(a).  Again, If you’re an officer or director, this new law should scare you to death.  If you fail to do the milestone inspection, you have automatically breached your fiduciary duty.  This could potentially result in individual liability against a director should the failure to do the reserve study result in collapse or injury.

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