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NEW Continuing Education Course Offering! How Sustainable Lake Management Creates Happier, Healthier Communities (1 CE Credit).

NEW Continuing Education Course Offering! How Sustainable Lake Management Creates Happier, Healthier Communities (1 CE Credit).

  • Posted: Mar 03, 2022
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NEW Continuing Education Course Offering!

How Sustainable Lake Management Creates Happier, Healthier Communities (1 CE Credit).

You may have noticed the positive effects on your health and happiness when spending time around the water, but do you know the science behind this phenomenon? Humans have an undeniable connection to waterbodies. This underscores the importance of continuous freshwater management and the prioritization of sustainable techniques.

In this presentation, attendees will learn:

  • Common lake & pond challenges property managers face in their communities
  • Best practices to implement in lakes and ponds on a recurring or annual basis
  • New technologies to make freshwater management more efficient & cost-effective
  • Strategies that help enhance increase property values & enhance brand image

Partner with the aquatic management experts at SOLitude for your continuing education needs in 2022. Reply to this email to schedule a presentation in your area today!

Contact SOLitude Lake Management

SOLitude Lake Management is a nationwide environmental firm with local offices throughout the U.S. We are dedicated to making water a more healthy and beautiful part of our world. In that pursuit, SOLitude offers sustainable solutions that improve water quality, enhance beauty, preserve natural resources and reduce our environmental footprint. Do you have a lake, stormwater pond, wetland, or fisheries management question or concern?

Call us at 866-996-3294 or simply fill out the form below and we’ll get back to you right away.

BIG DECISION BY THE DBPR SAYS E-MAILS BETWEEN BOARD MEMBERS ARE “OFFICIAL RECORDS” THAT CAN BE SEEN BY ALL UNIT OWNERS.

BIG DECISION BY THE DBPR SAYS E-MAILS BETWEEN BOARD MEMBERS ARE “OFFICIAL RECORDS” THAT CAN BE SEEN BY ALL UNIT OWNERS.

  • Posted: Mar 02, 2022
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Those of who have taken the Board Certification Class know that the answer to this question is that as long as the e-mails were on the private e-mail accounts of the Board members, they are not “official records” and therefore the unit owners cannot obtain copies of them. Well….that was all changed in one full swoop.

 

BEFORE YOU HIT THAT “SEND” BUTTON

By Eric Glazer, Esq.

Florida Statute states:
120.565 Declaratory statement by agencies.—
(1) Any substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of circumstances.

A man by the name of James Hanseman recently sought a declaratory statement from The Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes regarding whether e-mail communications between and among board members are “official records” within the meaning of Florida Statute 718.111(12), where such records relate to the Association’s operations but are sent to and/or from personal computers and devices rather than Association owned computers and devices.

Those of who have taken my Board Certification Class know that the answer to this question is that as long as the e-mails were on the private e-mail accounts of the Board members, they are not “official records” and therefore the unit owners cannot obtain copies of them. Well….that was all changed in one full swoop.

In this declaratory statement, Chevonne Christian the Division Director opined that:


The .. official records of the association” include .. all other written records of the association not specifically included in the foregoing which are related to the operation of the association.”§ 718.111 (12)(a) l8., Fla. Stat. Nothing in this provision exempts such records when created or transmitted with a board member-owned device rather than an Association owned device.

The plain meaning of the statute is always the starting point in statutory interpretation.”

GTC, Inc. v. Edgar, 961 So. 2d 781, 785 (Fla. 2007). Dictionaries can be used to determine the meaning of words. Metro. Dade County v. Milton, 707 So. 2d 913, 915 (Fla. 3d DCA 1998).

Emails constitute a form of writing. Writing, Black’s Law Dictionary (11th ed. 2019).

Consequently, emails are “written records,” and their existence as such does not depend on the ownership of the device through which the emails are transmitted.

Accordingly, emails that otherwise constitute “official records” are not excluded from thestatutory definition of “official records” merely because they are created or transmitted with board members’ personal devices.

Wow! If e-mails constitute a form of writing, no doubt text messages also constitute a form of writing. So how is this going to work? Let’s say a unit owner makes a records request for e-mails between board members during the month of February, 2022. Do all of the Board members now have an obligation to look through their e-mails and texts for the past month, print them out and hand them in to the association? Suppose each director simply says that we don’t communicate by e-mail or texts, even though they do? What remedy does the unit owner have?

While the decision is debatable as to whether or not these e-mails are “official records” it is undeniable, that it is simply unenforceable. It will be interesting to see the first arbitration case that relies on this declaratory statement. It will be even more interesting if that arbitration case gets appealed and we ultimately get a decision of the courts. Will a director ever be required to physically turn over their phone or computer by a court? Who knows? But I think we will either have a legislative fix or a court opinion within a year. In the interim, keep in mind that before you hit the SEND button on an e-mail, think about the fact that said e-mail may one day be seen by everyone in the condominium, or even a judge or jury.

NO ASSOCIATION WEBSITE? WHAT ARE YOU WAITING FOR?

NO ASSOCIATION WEBSITE? WHAT ARE YOU WAITING FOR?

  • Posted: Mar 02, 2022
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When the original bill was filed that required condominiums to have a website, the statute was only going to apply with condominiums of 500 units or more. In effect, the statute would have applied to less than one percent of all condominiums in the state. I met with the legislator who drafted the bill and suggested that the bill be revised to apply to all condominiums with 50 units or more. The compromise was 150 units.

As we know, The Florida Legislature does not like to regulate HOAs, so for whatever reason, HOAs with 150 homes or more are not required to have a website. Instead, if a homeowner wants access to records, they must make the request by certified mail, return receipt requested. If the association ignores them, the unit owner has to ask for pre-suit mediation. If that fails, the unit owner has to file a lawsuit. All because they wanted copies of some of the official records. It’s ridiculous.

Why not make your community more transparent and accessible now? Who cares if you’re an HOA and you’re not requited by law to have a website? Set one up anyway, regardless of the number of homes you have. Are homeowners in a 50 home community less entitled to see the records than an owner in a 150 home community? Of course not.
If you’re in a condominium of less than 150 units, I understand that the law does not require your condominium association to have a website containing the official records. So what? Create one anyway. I can tell you that over the past two years, as least as far as the larger condominiums go, there has been less arguments between owners and the board when it comes to being able to access the official records, simply because the association is required to have these official records on an association website.

I will also warn condominium associations that the DBPR is not fooling around when making sure that condominium associations with 150 units or more comply with the law. They will investigate any complaint received from an owner who claims their association is not complying with the law. They want those records posted on-line. The association’s failure to do so can and will result in a fine for several thousand dollars.

Placing the records on-line frees up the manager’s valuable time because now they are less likely to have to respond to unit owner requests for access to records. I’m looking forward to see how Rafael feels about the law. Have you had success in your community with the association’s website? If your community doesn’t have one, would you want one?

SFPMA suggests even if you are not required to have a website HAVE ONE BUILT FOR YOUR CONDO OR HOA.

Search our directory find the top companies to help you. 

How Can We Conserve Wetlands in Florida?

How Can We Conserve Wetlands in Florida?

Wetlands play an extremely important role in the ecosystem, particularly in Florida. In addition to their cultural relevance, they are a central feature that is home to thousands of incredible species. Preserving them is not only beneficial to the natural ecosystem, it benefits our communities in many ways.

Simply put, wetlands are lands that transition between terrestrial and aquatic environments. More specifically, wetlands contain soils that are inundated long enough to support the growth and reproduction of diverse vegetation.

The plants that grow in wetlands have adapted in a way that lets them survive in the hydric or wet soils. Swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps, mangrove swamps, and other similar areas meet the criteria of wetlands.

There are wetlands on every continent. Although the Everglades are the most well-known wetlands in Florida, there are many other wetland areas throughout the state. A healthy wetland supports a wide range of wildlife such as birds, amphibians, crustaceans, fish, and reptiles.

 

What Problems Do Wetlands Face?

The aquatic freshwater and marine life of Florida depend on wetlands for feeding grounds and nurseries for their young. In addition, wetlands also offer outstanding recreational opportunities for fishing, boating, bird watching, and photography – to name just a few. Unfortunately, wetlands face many threats:

florida-preserve

Human Use

Wetlands originally covered approximately 60% of the state’s land, but over time, wetlands have been reduced by urban development to less than half of that amount. Human activities are arguably the greatest threat to wetlands due to the draining of these lands for agriculture or development. Historically, wetlands were considered wastelands and were drained and cleared of vegetation without a second thought to make way for homes, roads, and shopping centers.

Loss of wetlands habitat not only affects animals and plants, but it also diminishes the water supply for the human population, since wetlands hold, filter, and slowly release immense amounts of rainwater into the aquifers that serve as central and south Florida’s only source of freshwater.

 

invasive-species-wetland-management

Invasive Species

Like all ecosystems, the survival of the plants and animal species that live in wetlands depend on a delicately balanced environment. When non-native species are brought in, either on purpose or accidentally, it can unbalance the existing system. Invasive species compete with native species for limited resources. When native species start to die off as a result of competition with an invasive species, the food chain of the ecosystem is disrupted.

For example, some wetlands are being overrun by water hyacinth. This plant is held in check in its native environment, but in North American habitats, it spreads at an alarming rate. Similarly, Burmese pythons were brought into the country as pets and released into local wetlands where they grow too big to be sufficiently supported by their environment. These large snakes thrive in wetlands like the Everglades and threaten the survival of endangered species.

 

lake-pond-pollution

Pollution

Wetlands work as natural water filtration units. Polluted water washes into the wetlands and is purified as it flows through and out of the wetlands. The pollutants either settle to the bottom of the wetlands or are used by the plants growing in these habitats. But if the concentration of pollutants reaches and then crosses the saturation level, and toxic contaminants continue entering the wetlands, the plants and animals struggle to survive.

In addition, wetlands are often used as dumping grounds for industrial and household waste and sewage. High pollution rates in wetlands kill off fish, wildlife, and plants, destroying the habitat.

 

drought-dried-pond

Climate Change

Like other ecosystems and habitats, wetlands are also affected by alterations to the environment caused by climate change. Sea-level rise caused by warming temperature is submerging or drowning wetlands, while extreme weather such as drought is drying them out. Higher water levels and lower water levels are caused by the various effects of climate change.

 

river-dam

Dams

The construction of dams that alter the natural flow of a river also has a huge impact on the environment where it is built. Altering the flow of a river disturbs the ecosystems that depend on that river. Wetlands like swamps or marshes suffer from a higher or lower flow of water when a dam is built. Dams can permanently damage wetland ecosystems.

 

Why We Need to Conserve Wetlands

Wetlands are productive ecosystems that provide environmental benefits to the areas that surround them. Waterfowl and migratory birds, and other wildlife make wetlands their home. As important as that is, these dynamic natural systems provide services such as removing harmful chemicals and excess nutrients from storm runoff, recharging aquifers used for drinking water and irrigation, and protecting communities from coastal storm surges and flooding.

Coastal wetlands and estuaries support diverse habitats that provide shelter and food for recreational and commercial fisheries, which in turn contribute to local economies. People are often drawn to wetlands for outdoor recreation and wellness. Outdoor recreation is important for the health of the population as well as the economy.

 

Best Way to Conserve Wetlands

These important functions make wetlands a vital part of our environment. Maintaining and improving the health of wetlands support plants, animals, and people. Here are five ways to help conserve Florida’s wetlands:

1. Create Native Plant Buffers

Improve the health of wetlands by planting buffer strips of native plants near and around water resources. These buffers can help filter out fertilizers and pollutants before they enter the water and cause environmental imbalances. They also help hold soil in place for lasting structure and aesthetic appeal.

2. Eradicate Invasive Species

Non-native plants that quickly become invasive can have devastating consequences on wetlands. They choke out native species and change the function of the wetlands. Likewise, invasive animals compete with native wildlife for food and habitat, creating a negative cycle within the food web. Monitor the area and report the presence of any invasive species immediately.

3. Reduce the Use of Pesticides and Fertilizers

Avoid using pesticides and fertilizers for lawn or garden care. These chemicals can harm aquatic species and wildlife by negatively affecting water quality and encouraging invasive plant growth. When absolutely necessary, use organic products in place of chemicals.

4. Clean Up after Pets

Animal waste can wreak havoc on wetlands and their population. Make sure that pet waste is kept out of wetlands by keeping dogs fenced in or leashed, and keeping your cats inside as much as possible. When walking pets or playing outdoors, always pick up and properly dispose of any waste.

5. Monitor Regularly

Wetlands are amazing ecosystems containing a complex web of plants, animals, fish, and organisms. Change is always occurring, so it’s important to stay informed about the health of the environment. Freshwater management professionals are experienced in monitoring and maintenance solutions aimed at preserving the health and beauty of these habitats. Consider implementing an annual management program to preserve wetlands in your area.

Protecting Florida Wetlands

Florida is known for its magnificent wetlands, but that doesn’t mean they will be around forever. Through urban development, invasive species introduction, pollution, and other factors, humans have expedited the deterioration of wetland areas. We should each play an active role in the protection of these unique aquatic ecosystems so that we can enjoy, admire, and benefit from them for as long as possible.

Contact Us to Protect Your Wetland & Preservation

 

$10,000 Extreme Shoreline Makeover Giveaway!

Is your waterbody suffering from erosion damage? Enter to win a $10,000 shoreline makeover for a chance to enhance your waterbody. Entries due March 31, 2022.

Join Here: 

 

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Difference Between a (Licensed) Community Association Manager and a Property Manager?

Difference Between a (Licensed) Community Association Manager and a Property Manager?

  • Posted: Feb 24, 2022
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Difference Between a (Licensed) Community Association Manager and a Property Manager?

The roles, responsibilities, and differences between these two jobs Key takeaways:

Find Property Managers

The terms property manager and community association manager are sometimes used interchangeably, but there are important differences.
Each job has its own responsibilities and functions. Property managers primarily work with tenants and oversee individual apartment units or homes.

A property manager’s typical responsibilities include collecting rent, showing vacant units to prospective tenants, and handling maintenance and repairs for individual apartments or homes.
Community association managers typically work with the board of directors of an HOA or COA.

A community association manager’s usual duties include preparing budgets, collecting bids from vendors, and overseeing repairs and maintenance of amenity spaces or common areas.
A property manager deals with the day-to-day operations of a property or an association, whereas a community association manager is more likely to be involved in large-scale or big-picture projects that affect the community as a whole.

It is important to know the differences between a property manager and a community association manager to hire the right professional for the task and contact the right person with your question or concern.
You may have heard the terms property manager and community association manager used interchangeably. While the two job titles have similarities, there are also key differences between them. If you’re a real estate or property management professional – or a vendor who serves these industries – it is important to understand that property managers and community association managers have different responsibilities and job functions. We will outline them below.

 

Property managers
A property manager is typically the liaison between tenants or homeowners and an HOA (homeowner’s association). They are responsible for individual units in an apartment, condo, or homes in a neighborhood or community.

Property managers oversee the physical property itself and generally respond to tenant inquiries about their particular unit. They are usually the ones who manage leases, collect rent or Condo/HOA payments, handle maintenance and repairs for units or homes, and address tenant complaints and concerns.

The core responsibilities of a property manager include:

Rent or HOA payment collection
Repair management and maintenance for each unit or home
Vacant unit showings to prospective tenants
Responding to tenant complaints
Inspecting units after tenants move out
Handling an eviction process
Community association managers
Community Association Managers (CAMs) are usually in charge of budgets, record-keeping, and managing community spaces such as a clubhouse, pool, or community landscape features. They’re involved in all aspects of running the HOA (if there is one) or the community and thus have extensive knowledge of HOA governing rules and local applicable laws.

LCAMs

Are usually hired by the board of directors of a homeowner’s association (HOA) or condo owner’s association (COA). They may plan community activities and help enforce community rules. A CAM’s exact duties are likely to vary slightly depending on the hiring association, but broadly speaking, they’re in charge of big-picture tasks and responsibilities.

The Core responsibilities of a CAM include:

Supervision of community maintenance, such as common areas, pool cleaning, landscaping, etc.
Creation and overseeing of budgets.
Site inspections.
Negotiation of contracts for common property repairs or enhancements.
Assisting the board in selecting vendors; collection and presentation of bids for projects.

The key differences

Both property managers and CAMs might handle tasks such as pool maintenance or trash collection, but in general the former takes on the responsibilities of a landlord while the latter oversees larger-scale projects and activities that have implications for the entire community. You can think of property managers as dealing primarily with individual tenant needs and CAMs as handling the needs of the entire building, neighborhood, or association.

Most states require property managers to obtain a real estate license, but this isn’t the case for CAMs. They may or may not have a real estate license, but they should be well-versed in local housing laws and know the rules of the owner’s association that hired them. It is important to properly vet prospective candidates whether you’re seeking a property manager or a CAM.

Why the differences matter
It is important to know the differences between a LCAM and a property manager so that you can hire the right professional for the tasks at hand. From a tenant, unit owner, or vendor perspective, knowing the differences between these two roles can help you determine which person to address with a specific questions or problem.

 

Start a Career as a Licensed Property Manager, Get Licensed!

Do you want to become a Property Manager? SFPMA and our Education Partners Provide State Approved – Online and In classroom courses for Licensing, Educational and instructive information through the association. Find out more about Licensing & Advancement Courses for the property management industry. Get your License Today!    Become a Licensed Property Manager 

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The Broward County Condo & HOA Expo. February 15th at The Signature Grand.

The Broward County Condo & HOA Expo. February 15th at The Signature Grand.

  • Posted: Feb 12, 2022
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The Broward County Condo & HOA Expo. February 15th at The Signature Grand.

Come meet with the top Industry Professionals and Companies serving Condo and HOA’s.

SFPMA has so many of our members that take part in the Expos and Events for our Industry.

Learn how our members can help you with your Buildings.

 

If you have not Registered Please Do it Now!

 

Keep up to date with All of the Events on SFPMA

 

We’re excited to give away a $10,000 shoreline makeover to help enhance one lucky winner’s waterbody! by SOLitude

We’re excited to give away a $10,000 shoreline makeover to help enhance one lucky winner’s waterbody! by SOLitude

  • Posted: Feb 12, 2022
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Win a $10,000

Extreme Shoreline Makeover

Is your eroded shoreline hindering the enjoyment of your waterbody? Enter to win a shoreline makeover and enhance your lake or pond.

We believe balanced, healthy waterbodies help create meaningful experiences on and around the water, but erosion damage creates dangerous shorelines that severely affect our ability to enjoy our lakes and ponds. That’s why we’re excited to give away a $10,000 shoreline makeover to help enhance one lucky winner’s waterbody!

HOW TO ENTER:

Click the button below and submit a photo(s) of your eroding shoreline along with a few sentences sharing why your waterbody deserves this $10,000 makeover.

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Attention to detail. A simple phrase that’s not always so simple to comply with, especially in a community association context.

Attention to detail. A simple phrase that’s not always so simple to comply with, especially in a community association context.

  • Posted: Feb 09, 2022
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Attention to detail. A simple phrase that’s not always so simple to comply with, especially in a community association context.

by Howard J. Pearl / Becker

There are several technical provisions in the statutes governing community associations that
must be complied with. Chapters 607, 617, 718, 719, and 720, Florida Statutes have numerous
requirements that associations must adhere to. A few examples include meeting notice
requirements, board member eligibility requirements, record inspections, and others.
Associations must be cognizant of changes to the statutes regarding such requirements, some of
which pertain to regular or recurring events.
As associations go through the process of annual and election meeting notices, budget meeting
notices, etc., one cannot just blindly use the previous year’s notice as a template for the current
year’s notice. Associations must review any changes in the statutes to ensure this year’s notices
are still in compliance. Having your association attorney prepare, or at least review, all such
notices before they are sent out will help ensure the association is in compliance with the most
recently enacted statutes.
For example, Section 718.112(2)(d)(2.), Florida Statutes, previously provided that a person who
is delinquent in the payment of any monetary obligation due to the association, is not eligible to
be a candidate for board membership and may not be listed on the ballot. That provision was
changed in 2021 to now provide that a person who is delinquent in the payment of any
assessment due to the association, is not eligible to be a candidate for board membership and
may not be listed on the ballot. A small but significant difference. If your election meeting notice
includes any information about candidate eligibility, blindly copying the previous year’s notice
would have the association sending out inaccurate information regarding board member
eligibility. Attention to detail.
Another example pertains to a condominium unit owner’s suspension of voting rights due to a
delinquency. Section 718.303(5), Florida Statutes, previously provided an association may
suspend the voting rights of a unit or member due to nonpayment of any fee, fine, or other
monetary obligation due to the association which is more than 90-days delinquent. That
provision was changed in 2017 and now provides that an association may suspend the voting
rights of a unit owner or member because of nonpayment of any fee, fine, or other monetary
obligation due to the association which is more than $1,000 and more than 90-days delinquent.
While this change went into effect a few years ago, unfortunately I still run across associations
attempting to suspend voting rights of owners who are more than 90-days delinquent, but such
delinquency is not more than $1,000. Again, attention to detail.
Another area where attention to detail is necessary is the preparation of limited proxies. When
voting on a waiver of reserves in a condominium, Section 718.112(2)(f)(4), Florida Statutes,
provides that proxy questions relating to waiving or reducing the funding of reserves or using
existing reserve funds for purposes other than those for which the reserves were intended must
contain the following statement in capitalized, bold letters in a font size larger than any other
used on the face of the proxy ballot: “WAIVING OF RESERVES, IN WHOLE OR IN PART,
OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN
UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL
ASSESSMENTS REGARDING THOSE ITEMS.” When reviewing limited proxies prepared by
associations for such votes, very frequently I notice that while the disclaimer language is in
capitalized, bold letters, it is not in a font size larger than any other used on the face of the proxy
ballot. Attention to detail.
Posting of meeting notices is required by the statutes. Forty-eight (48) hours’ notice for a regular
board meeting; fourteen (14) days for some board meetings; 60-days for election meetings, etc.
Only mailing, or emailing notices is not sufficient. Some meeting notices require an association
to execute a proof of meeting notice (usually an affidavit signed by an association board member
or manager). While these notice requirements may seem trivial, especially since the notices are
mailed and/or emailed to owners, they are required by statute. Failure to properly post such
notices may result in any action taken at said meeting being void. Failure to maintain proof of
meeting notices when required may have the same effect, if any action taken at said meeting is
challenged. Attention to detail.
In regard to homeowner associations, Section 720.306, Florida Statutes, previously provided that
official notices were to be sent to the address on the property appraiser’s website. That provision
was changed to provide that official notices once again are to be sent to the mailing address in
the official records of the association under section 720.303(4), Florida Statutes. Attention to
detail.
There have been technical changes in how associations must notify owners of delinquent
assessments before the owner can be sent to the attorney for collections. These are technical
requirements that should be discussed with your association attorney. Blindly following previous
practices in regard to such collection notices and actions will result in delays and owner defenses
to association collection actions. Attention to detail.
In regard to budgets, remember that budgets mailed to association members must contain the
period of the budget year (for example, Jan 1, 2022 – Dec 31, 2022). I have seen many
associations go through the arduous process of preparing and adopting a budget, only to have
such budget challenged by a member because it did not contain the actual budget period, even
though there was enough information on the budget to know what period it was for. Attention to
detail.
While some of the above matters may seem minimal in regard to their impact on the association
or its members, the Florida Department of Business and Professional Regulation, Division of
Condominiums, Timeshares and Mobile Homes (“Division”) has recently changed its approach
in regard to association education versus fining. In the past, a first violation of one of the above
provisions, or another what would appear to be “minor” violation, was generally resolved by the
issuance of a warning letter from the Division, recounting the violation, the remedial measures,
and a warning to the association that future similar violations could result in a fine. Those
“warning” days appear to be over, as the Division has adopted a much more stringent
enforcement posture, which usually results in a fine to the association, even for a first violation
of a seemingly minor provision. Fines range from $10 to $30 per unit, with a maximum fine of
$5,000. I have seen recent cases where the Division initially sought to impose the maximum
$5,000 fine for an initial, minor violation (minor in accordance with Rule 61B-21, Florida
Administrative Code.)

Howard J. Perl

Shareholder

Ft. Lauderdale

 954.987.7550

 954.364.6054

 HPERL@beckerlawyers.com

 

 

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Join The Falcon Group in congratulating our two newest Principals of the firm! Mr. Steven Lang, R.A., AIA, NCARB and Mr. Sinisa Kolar, P.E.

Join The Falcon Group in congratulating our two newest Principals of the firm! Mr. Steven Lang, R.A., AIA, NCARB and Mr. Sinisa Kolar, P.E.

  • Posted: Feb 09, 2022
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Join The Falcon Group in congratulating our two newest Principals of the firm!

Mr. Steven Lang, R.A., AIA, NCARB

and Mr. Sinisa Kolar, P.E.

Steve Lang oversees Falcon’s building envelope division for the New Jersey, New York State and Connecticut regions. His responsibilities encompass all low-rise, mid-rise and high-rise building envelope and roof related projects within these regions. Steve has been the architect of record on 250 successful roof replacements. He assists clients in identifying deficient conditions, executing detailed investigations of specific concerns or complaints, developing repair details and specifications, and oversees a team of Project Managers, Senior Project Managers and Architects.

Sinisa Kolar is based out of the Miami office for The Falcon Group and brings over a decade of both international and domestic experience in all aspects of construction and engineering to the firm. Some of his responsibilities include design, construction, quality control, litigation support, retrofit and repairs of various residential and commercial structures. He works very closely with developers, contractors, attorneys, management companies, condominium and homeowner associations, private clients as well as architects and engineers.

Congratulations to you both on your new positions at The Falcon Group and we cannot wait to see all of the successes and what the future holds with you two as Principals!

CONTACT US

www.thefalcongroup.us

info@thefalcongroup.us

(908) 595-0050
Real Estate Agent vs. Broker in Florida

Real Estate Agent vs. Broker in Florida

What is the Difference Between a Real Estate Agent and a Broker in Florida?

by Prolicense Florida

If you are just beginning your Florida real estate career, or coming with experience from another state, it’s important to understand the differences between a sales associate (real estate agent) and a broker. It is also useful to know the required qualifications and duties of these two types of real estate licenses in Florida.

The Sales Associate

Sales associates are most commonly called “real estate agents” by the public. In Florida, a sales associate is a licensed real estate professional who can list properties, carry sales transactions, represent buyers or sellers, and earn commissions. Sales associates provide the necessary information to guide their clients through the contractual aspects of the purchase or sale. They arrange showings and negotiate transactions.

A sales associate must always work under the direction of a broker.

A licensed sales associate is allowed to practice in five (5) main sales specialties of the real estate market:

  • residential

  • commercial

  • industrial

  • agricultural

  • business

They are no additional education requirements to practice in any of these specialties. Once you get your sales associate license, you are free to market your expertise in any of these fields.

To obtain a sales associate license in Florida you must:

  1. Complete a pre-licensing course of 63 hours.

  2. Get your fingerprints taken.

  3. Submit an application to the State.

  4. Pass the Florida real estate sales associate exam.

Florida has reciprocity with 10 states. Mutual recognition means that if you are licensed in one of these states, you can bypass the education requirement.

After getting your license, you will be required to complete post-licensing and continuing education to maintain your right to practice as a sales associate.

The Real Estate Broker

To become a real estate broker in Florida you must first have experience as an active Florida sales associate for at least 24 months or must have held a valid real estate license for at least 24 months in any other jurisdiction of the United States.

Brokers can operate independently, or have sales associates work for them. A broker can list and show properties just like a sales associate, but a sales associate cannot perform the duties of a broker.

Brokers oversee their sales associates, making sure their clients get the best service and that all laws are being observed. Brokers may be disciplined for failing to direct, control or manage sales associates who work under them.

A broker may elect to change her/his license from “broker” to “broker sales associate.” A “broker sales associate” is a real estate broker licensee who prefers to operate as a sales associate in the employ of another broker. A broker sales associate avoids the additional responsibilities and compliance requirements of an actual real estate broker.

To get a real estate broker license in Florida you must:

  1. Complete a Pre-Licensing Course of 72 hours.

  2. Get your fingerprints taken.

  3. Submit an application to the State.

  4. Pass the Florida real estate broker exam.

 

The Pros of Becoming a Real Estate Broker

• More control over your career

• Earn higher income

• Establish and run a property management company

• Use your experience to get leverage in marketing

 

The Cons of Becoming a Real Estate Broker

• More Requirements

• More Responsibility

• More Risk

As you plan your future as a real estate professional, consider your personal goals and how much responsibility you want to accept. The sky is the limit!

 

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Fishy Legal Tactics HOA Attorneys Have Used for Collections by Mitch Drimmer

Fishy Legal Tactics HOA Attorneys Have Used for Collections by Mitch Drimmer

  • Posted: Feb 05, 2022
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Fishy Legal Tactics HOA Attorneys Have Used for Collections

Mitch Drimmer  / Axela Tech

 

Thinking outside the box can be great, especially in the homeowners association and condo association industry. It’s what makes our signature collections process here at Axela so successful.

But out-of-the-box thinking can be used against you, too. Attorneys are always looking for new ways to make the most money, even HOA attorneys. Time and again we’ve seen the tricks they use claiming to try to collect for your association, but really they’re just lining their own pockets. So often, using an HOA attorney ends with the association losing the money owed to them, and having to pay on top of that to cover lengthy legal efforts that didn’t succeed anyway.

Every time we hear stories about the crazy lengths some lawyers will go to when collecting for HOAs or condos, we start to think maybe the box is there for a reason.

Unjust Enrichment Someone Expense Someone Else

Unjust Enrichment

A while back we talked about a community in a sticky collections situation. One of their unit owners had passed away, leaving a mortgage-free title to an heir. But, it came with a $13,000 tax certificate (which had been sold to an investor) and $17,000 owed to the association, as well as a tax-deed sale that had already been set. The perfect storm for the association to lose out on a hefty chunk of change. Now Axela was able to draft a clever plan to avoid that and had to act quickly to make it work, but if we hadn’t been called in, here’s what would have happened:

The HOA’s attorney wanted to let the unit go to the tax-deed sale and then file a suit for something called “unjust enrichment.” This is a claim basically stating that someone (in this instance, the investor who’d purchased the tax certificate) was paid at the expense of someone else (the association).

This is a risky play for a lot of reasons: first, if the tax sale goes through, the money owed to the association is ‘wiped out,’ meaning there is no chance of recovering money from the sale or from the owner after the fact. Additionally, if the judge found that the investor was not unjustly enriched (which is the likely outcome) their tax lien would have been rightly prioritized over association fees.

So the idea of unjust enrichment was a wild reach that was almost certainly going to be unsuccessful in recovering for the association. But it would have been a definite way to tack on a ton of hours in legal fees for the attorney, wouldn’t it?

Fishy Lawsuits Questionable HOA Attorneys

Sneaking In New Rules

Fishy lawsuits aren’t the only questionable trick attorneys have up their sleeves. One client we worked with had an attorney attempt to completely ignore state statutes by advising the Board to modify the community’s governing documents to contradict state laws. This was complicated and unethical for several reasons, like the fact that governing documents don’t overrule state statutes (something an HOA attorney would be WELL aware of!) so the attorney’s time and counsel which they charged the association for were totally unnecessary.

To add insult to injury, these changes were made to try to force the bank to take responsibility for debt owed to the association, creating a lengthy legal battle as part of this ridiculous plan. Again, we’re seeing a trend of attorneys being paid but the association not recovering their lost income – in fact, the community often winds up owing the attorney more for their efforts and having to write off the bad debt from the delinquent assessments. Talk about throwing good money after bad!

Attorneys Being paid associations not recovering

Just Because it’s Legal Doesn’t Make it Ethical

Clearly, all HOA attorneys are not the same, and we hope that your community association’s attorney is an upstanding and ethical partner for your community. You need your attorney to be available to advise you on decisions the Board makes to help prevent future lawsuits and to deal with any that do come.

But your attorney is just one of the tools in your community association’s toolbox. Just as you wouldn’t use your HOA attorney (and pay their high fees) to perform management tasks, you also shouldn’t be hiring your attorney to perform collections. The attorney’s only recourse is to take the issue to the courts. That means pursuing foreclosure, or, if that’s not likely to be successful, trying some legal scheme like these that will get the attorney paid for their time, but is unlikely to end with money in the association’s pocket.

The Attorney's Recourse To The Courts

Treating People Like People

Thinking outside the box can be great, but the more we hear about the crazy legal hoops attorneys find to jump through that only seem to take advantage of the association, the more we think that they need the box.

There’s at least one ethical, merit-based way that has a 95% success rate when it comes to collecting debts owed to associations: Axela. Our proprietary technology and process empowers defaulted homeowners to set up payment plans they can actually pay off, rather than harassing them for lump sums of money they’ll never be able to repay, or putting them out of their home in a foreclosure.

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