Become a Member: JOIN SFPMA TODAY   LogIn / Register: LOGIN/REGISTER

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

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

Facing South Florida: Condo Safety Concerns TV host: Eric Glazer watch it now!

Facing South Florida: Condo Safety Concerns TV host: Eric Glazer watch it now!

  • Posted: May 15, 2022
  • By:
  • Comments: Comments Off on Facing South Florida: Condo Safety Concerns TV host: Eric Glazer watch it now!

Jim DeFede’s guest for Sunday’s show was Eric Glazer, one of the state’s leading condo attorneys who has been pushing for years to make condos safer.

Glazer has been warning about a tragedy like the one in Surfside.

The two discussed, among other things, why the legislature failed to pass anything during its session.

Glazer also said why he believes Gov. Ron DeSantis has refused to do anything to make condos safer nearly a year after the deadly building collapse.

Watch the Program NOW.

Stocking up: 500,000 fish released into South Florida waterways for sport, sustainability

Stocking up: 500,000 fish released into South Florida waterways for sport, sustainability

  • Posted: May 09, 2022
  • By:
  • Comments: Comments Off on Stocking up: 500,000 fish released into South Florida waterways for sport, sustainability

The saying goes that there’s always a bigger fish. In this case, there’s always a bigger number of fish in Broward County this time of the year. article on Sun Sentinel.

Allstate Resource Management, a family business headquartered in Davie, sponsors a major event every year in which it stocks over 500,000 native fish in HOA lakes and partner communities in South Florida. The event took place in early April, marking its 22nd year.
The fish-stocking event is meant to increase populations of largemouth bass, bluegill, channel catfish and mosquitofish. Allstate manages the waterways that benefit from their efforts. According to their estimates, hundreds of thousands of nonnative fish die in South Florida ponds, lakes and waterways every year as a result of winter weather and other natural causes.
Allstate’s Executive Director Andy Fuhrman said that the company’s main focus is taking care of water quality in lakes in South Florida. He said that most of them are manmade stormwater retention ponds. “We try to make sure that the water quality is as healthy as possible,” he said. “We want to make sure that there’s no invasive vegetation, algae or excessive growth.”

 

Fish stocking in South Florida – find services on our website avail to property managers, boards and property owners throughout Florida.

Allstate Resource Management can handle all of your fish stocking needs in South Florida, whether it is triploid grass carp for assistance in weed control or largemouth bass for the avid angler. A balanced, healthy fish population can help to absorb nutrients in the water, control undesirable weeds, insects and other aquatic pests. They also provide a recreational asset for enjoyment. Call us today to find out more about our fish stocking services in South Florida.

We can design a lake or pond fish stocking program that is customized to meet your needs and budget which will include recommended fish species, quantity, government requirements and costs. For information on fish stocking, call us now

 

EDUCATIONAL RESOURCES FOR PROPERTY MANAGERS

One of the most challenging aspects of lake maintenance is communicating the management program to the clients. A homeowner that sees a lake from a purely aesthetic point of view has a vastly different understanding than an applicator that is actively managing it.

We have the ability to help you educate your homeowners about their lakes and what we do. When you have questions about how your lake is being cared for, our experienced applicators are available to provide you with the answers you need. Feel free to print any of our “Understanding Your Lake” articles in this resource section.

If you would like us to supply articles for your HOA newsletters regarding waterway issues, please give us a call. We are also available for consultation presentations to HOA’s. We are a DBPR approved provider of CEU credits for CAM s and are available to supply your property management company with accredited courses.

Short Term Rentals A Neighborhood Problem. by Joseph E. Adams of Becker

Short Term Rentals A Neighborhood Problem. by Joseph E. Adams of Becker

  • Posted: May 05, 2022
  • By:
  • Comments: Comments Off on Short Term Rentals A Neighborhood Problem. by Joseph E. Adams of Becker

Short Term Rentals A Neighborhood Problem

Joseph E. Adams

Q: How can a homeowners’ association regulate owners renting out their houses to short term guests?  If the association were to enforce with a penalty, how can it collect on it? (E.H., via e-mail)

A: The place to start is knowing what your governing documents and local laws say about the subject. For example, some municipalities limit rentals in residential areas to a 30-day minimum, so violations could be reported to the local code enforcement agency.

Most documents limit the use of homes to “residential use.” These provisions have been extensively litigated in courts across the country and there is not a bright line test defining what activities constitute residential or commercial uses. However, courts have generally been reluctant to apply a residential use provision as a restriction on short-term rentals, and there is at least one appellate court decision in Florida to that effect.

Therefore, the most effective way to address rental restrictions is a specific provision in your declaration of covenants setting forth permissible and impermissible rental durations. Many declarations contain such a provision, while some do not. If your declaration does not contain a rental limitation, it would have to be amended in the manner set forth in the declaration. Most declarations require some level of super-majority approval for amendment, two-thirds and 75% being the most common standards. Some declarations require the vote be calculated based on all eligible voters, and some provide that the calculation is based on those who vote at a duly noticed meeting at which a quorum is established.

You should also be aware that the Florida Homeowners’ Association Act was amended in 2021 to limit the ability of homeowners’ associations to amend rental rights. The retroactive application of that statute to pre-existing associations is a complicated and open legal question. The new law provides that amendments limiting the duration or frequency of permissible rentals is only applicable to those owners who vote in favor of the amendment, those who vote against the amendment or don’t vote are “grandfathered,” but the amendment would be binding on their successors in title.

Importantly, Section 720.306(1)(h) of the Florida Homeowners’ Association Act does permit amendments that prohibit rentals for a term of less than six months or prohibit rentals of less than three times during a calendar year to be applied to all parcel owners if the declaration is properly amended, whether an owner voted in favor of the amendment or not.

Once you have determined what the actual rule is, the next question is how you enforce it. As stated above, if the rental violates local ordinances, referring the matter to code enforcement may be an effective and inexpensive way to seek redress.

Fining and suspension of common area use rights are one avenue, but probably not the most effective for this kind of violation. Many homeowners’ associations do not have the level of amenities where suspension of the right to use them deters violations. Fines are capped at one thousand dollars in the aggregate for ongoing violations, unless the governing documents permit a higher amount. There is also a somewhat detailed notice and hearing process that must be followed to impose a fine or suspension.  If a fine is properly levied, it can be a lien upon the home if it is for one thousand dollars or more and the language of your documents may also come into play. Otherwise, the venue to collect a fine is small claims court, and the prevailing party in a suit to collect a fine is entitled to recover their attorneys’ fees from the losing party.

The better approach for this type of violation is direct legal action by the association against the owner seeking a court order (injunction) to enforce the rule against short term rentals. Well-written documents may give you additional leverage in a court action. Generally speaking, the winning party can collect their legal fees from the losing party. The association’s lawyer should be brought into the picture early in the process, so he or she can advise what pre-suit steps may be necessary to protect your ability to enforce the restriction.

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.

Securely store and share all of your community documents online with our File Sharing feature.

Securely store and share all of your community documents online with our File Sharing feature.

  • Posted: May 05, 2022
  • By:
  • Comments: Comments Off on Securely store and share all of your community documents online with our File Sharing feature.

Securely store and share all of your community documents online with our File Sharing feature. Documents, files for owners, meeting minutes, forms, by-laws, photos, and even videos can be shared with permission-based access.

  • Uploading and distributing documents and images is very easy with our simple drag-and-drop system.
  • Keep all your community files organized in a centralized location.
  • Upload an unlimited number of various file types including .pdf, .doc, .xls, and many more.
  • Increase security by determining exactly who sees what with our permission-based controls.
  • Sending out a blast to residents? Easily include a file from what you’ve already uploaded with just a couple of clicks.
  • Don’t waste time searching aimlessly for a file ever again. Use the quick search functionality to find specific files or folders in an instant.
BOOK A MEETING

“It will make your life so much easier and make your business run much faster.” 

 

Maria Desforges, Property Manager

J&W Condominium Management

Book a meeting with me now and let me show you how you can deliver superior resident experiences with our Resident Experience Management portal.
Best Regards,

Charlote Alvarez

Business Development Representative — Concierge Plus
T: 305-850-7676 x114
charlote.alvarez@conciergeplus.com
ASAP Fire Sprinkler Protection LLC

ASAP Fire Sprinkler Protection LLC

  • Posted: May 03, 2022
  • By:
  • Comments: Comments Off on ASAP Fire Sprinkler Protection LLC

ASAP Fire Sprinkler Protection LLC

Asap Fire Sprinkler Protection, is License, Bonded & Insured Florida base Fire sprinkler company who specializes in fire protection and life safety. Our goal and commitment is to deliver unparalleled service to all our customers. With 27 years of combined experience, we are capable of installing, servicing, repairing and inspecting any type of residential, commercial, industrial or special hazard fire sprinkler systems.

Our company was built on our hard work, hands-on experience, and customer satisfaction. Asap Fire contractors are known and respected in the industry for our daunting precision and field proficiency.

Asap Fire contractors can successfully handle all aspects of fire sprinkler integrated and suppression systems. Because life safety is our #1 goal, we use innovative thinking and meticulousness craftsmanship on every project.

Whether it’s new construction, existing fire pump system  replacement, annual fire pump system testing, maintenance or repair. Solutions & Other Service

Construction Site Management

Project Bid & Negotiation

Fire Protection Engineering & Design

Litigation and Support

Performance and Base Design

Drawings Review

Third-Party Plan Installation Review

Fire Protection Master Planning

Audits & Surveys of As-built Drawings

Conversion of Existing Systems

Evaluation of Existing Fire Systems

 

Tags:
Trending: Natural Lake MGMT Solutions

Trending: Natural Lake MGMT Solutions

Trending: Natural Lake MGMT Solutions

Enhance the health of your freshwater waterbodies with natural solutions like nutrient remediation, aeration, and more…

Maintaining a healthy lake or pond can be accomplished with natural, holistic management strategies. These tools can help improve water quality and enhance the aesthetics of your aquatic resource. Discover the benefits of natural management solutions…

Premier Fire Alarm Systems

Premier Fire Alarm Systems

  • Posted: May 02, 2022
  • By:
  • Comments: Comments Off on Premier Fire Alarm Systems

Premier Fire Alarm Systems

Premier Fire Alarms & Integration Systems Installation Division Inc. has been a leader of innovative systems for over 27 years. Our Fire Alarm Company serve and install most major brands of fire alarm systems and security products. Our licensed and certified staff is available 24 hours for emergency system repairs. We are factory authorized dealers for various manufacturers of low voltage systems.

Below are the systems and services we provide:

 

  • Annual certifications for fire alarm systems
  • Service contract fire alarm systems.
  • Fire alarm and burglar alarm monitoring contracts.
  • BDA frequency testing (bidirectional amplification systems installed).
  • BDA installations of existing buildings.
  • 24 hour emergency service.
  • Engineered fire alarm system installations, engineering department.
  • ELSS engineered reporting for compliance.
  • Fire alarm systems installations all types.
  • U.L- ETL certifications.
  • Runner service contracts.

Tags: , ,
ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management

ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management

  • Posted: Apr 29, 2022
  • By:
  • Comments: Comments Off on ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management

ALGAE BLOOMS: DID YOU KNOW?

by Allstate Resource Management

The climate in Florida is wonderful in many ways, but the year round warm weather and heat in the summer can increase algae blooms.
1. Lawn fertilizers are a big contributor to algae blooms. Leave at least a 10 foot buffer when dispensing fertilizer near a waterway. Fertilizer in the street will wash into the storm drains and all storm drains lead to the waterways.
2. Never blow or dispose of trash and lawn clippings into streets, storm drains, or waterways. They are loaded with nutrients and as they decay, they feed the algae blooms. All storm drains lead to the waterways.
3. Algae blooms may affect oxygen levels and block light which will harm the aquatic environment.
Allstate Resource Management has 25 + years helping South Florida homeowners associations with waterway management.
Contact us today at 954-382-9766 or info@allstatemanagment.com
for a FREE, no-obligation consultation
Tags:
How To Prepare Your Trees For Hurricane Season by Arborology Inc

How To Prepare Your Trees For Hurricane Season by Arborology Inc

  • Posted: Apr 28, 2022
  • By:
  • Comments: Comments Off on How To Prepare Your Trees For Hurricane Season by Arborology Inc

Hurricanes can cause massive damage to trees and landscape. Trees often end up hitting homes, power lines and other important property. If you live in Florida or any other location that is prone to Hurricanes you need to take steps to prepare your trees.

The most important step is even before you have planted the first tree. You should select the right tree for the right location. You should always select trees that are wind tolerant and have good branch structure. Trees with good branch structure will have less overextended limbs, included bark and tree defects. Some trees handle decay from pruning better than others making species an important factor in the right tree. If your trees don’t have all the desired characteristics don’t worry you can still have the tree pruned by a Certified Arborist to remove or reduce the defects in the tree. So many people overreact and remove their trees out of fear of the unknown. This isn’t always necessary and is a waste of money.

You should always have a Certified Arborist inspect your trees on an annual basis. A Certified Arborist will be able to identify tree defects and make recommendations on corrective actions. Be sure the Certified Arborist you are working with has the TRAQ (Tree Risk Assessment Qualification) credential. Ask your Certified Arborist to provide you proof of his qualifications so you are sure your getting sound advice. Don’t be afraid to get a second opinion before you commit to having work done. We recommend you first work with a consulting Certified Arborist that doesn’t perform tree service work so they have no financial interest in the recommendations made to you.

So now were ready to prune. I know you have tons of questions and I’m here to help you answer them.

Should you thin your trees so the wind can flow through them? No this can lead to overextended limbs which can fail during wind events.

Should you top your trees? Absolutely not, this is one of the biggest mistakes tree owners make. Topping trees will lead to weak attachment points, heavier upper canopy growth and reduced tree vigor.

Should you have the dead, broken, cracked or overextended limbs pruned or removed? Yes you should. Overextended limbs are long and have most of the weight at the end. Cracked or broken limbs have a high likelihood of failing during wind events, Dead limbs can break off and impact important property.

Should I prune my palms so they will survive the hurricane apocalypse? No palms are adapt to wind storms and have zero benefits from hurricane pruning. You will want to have them inspected by a Certified Arborist so any defects can be pointed out to you.

What can you do to help your trees survive a windstorm event? Plant the correct tree for the location, Have a Certified Arborist inspect them annually, prune only when you have a valid reason to prune them, provide fertilization when necessary and most of all don’t fall victim to fear or bad information.

If you are in need of a Certified Arborist to inspect your trees or help you determine what the best course of action is for your trees please contact our Certified Arborist at http://www.arborologyinc.com. We will be glad to meet you and empower you on managing your trees.


Ronnie Simpson
Board Certified Master Arborist
Arboriology Inc
http://www.arborologyinc.com

Tags: , ,
The Hurricane season starts on June 1 but it’s never too early to prepare.

The Hurricane season starts on June 1 but it’s never too early to prepare.

  • Posted: Apr 28, 2022
  • By:
  • Comments: Comments Off on The Hurricane season starts on June 1 but it’s never too early to prepare.

The Florida hurricane season runs from June 1 through November 30. According to the National Oceanic and Atmospheric Administration (NOOA), this year is predicted to be another above-normal season.

The Hurricane season starts on June 1 but it’s never too early to prepare.

Take a moment to go to out web page for the top professionals /members ready to help. Remember to SAVE to your favorites, this way you will be prepared if you have damage to your buildings/HOA homes and condos.

http://FloridaAdjusting.com – A division of SFPMA

Damage from a hurricane can be costly for all businesses and can pose hazards for you and your employees. Fortunately, there are ways that you can fortify your business against a hurricane to minimize losses and reduce risks for workers.

As part of “Planning Ahead” for a Disaster, the SBA encourages you to consider taking these simple steps to prepare: Assess your risk; Create a plan, Execute your plan. Statistics show that 25% of small businesses don’t re-open after a disaster. Visit the SBA’s Prepare for Emergencies website to learn more about how to prepare and recover if a disaster strikes.

NOOA officials also encourage consumers to take the following steps:

  • Visit Ready.gov and Listo.gov for useful and valuable disaster preparation resources including checklists and templates for your business and your home.
  • Download the FEMA app to sign-up for a variety of alerts and to access preparedness information.
  • Consider purchasing flood insurance.

Visit the National Hurricane Center’s website at hurricanes.gov throughout the season to stay current on watches and warnings.

Get a fully responsive public website for your community association with your own domain name included! by Conceirge Plus

Get a fully responsive public website for your community association with your own domain name included! by Conceirge Plus

  • Posted: Apr 28, 2022
  • By:
  • Comments: Comments Off on Get a fully responsive public website for your community association with your own domain name included! by Conceirge Plus

Get a fully responsive public website for your community association with your own domain name included! Strengthen your community’s brand with our curated and customizable templates and fully featured mobile app option.

  • Your community website on your own domain name for the most customized resident and staff experience – included in Concierge Plus!
  • Incredibly easy-to-use content management system built right in to your community site.
  • Include data from your site that can be viewed without needing to log in (you pick the content, and there’s no need to maintain two sources of information like with a traditional, separate website).
  • Upload high-resolution images and/or videos of your community, and showcase them in various ways using our curated templates.
  • Want more branding functionality? Our native, fully featured mobile app option gives your community an app searchable and downloadable with your name, logo, and information.
BOOK A MEETING
Tags: