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. 

Is there a contactless authentication solution? by iDentyTech Solutions America

Is there a contactless authentication solution? by iDentyTech Solutions America

  • Posted: Dec 16, 2021
  • By:
  • Comments: Comments Off on Is there a contactless authentication solution? by iDentyTech Solutions America

Is there a contactless authentication solution?

by iDentyTech Solutions America

 

A lot of people don’t like to touch things or put their fingers or hands where other people have been. These reasons could be personal, such as the dislike of germs, or even religion. There are industries that require a sterilized work environment, and again touching a keypad or putting your eye in an iris reader it’s not convenient. But what if you could present your hand to a sensor and without touching it, your biometric palm vein map could be read?

This is a biometric technology that authenticates you on the basis of vein pattern recognition, rather than iris scans or fingerprint. The world’s first “contactless vein authentication” technology offers even more security and ease of use and overcomes previous problems related to security concerns.

The PalmSecure sensor is a biometric authentication device that provides the highest level of security using palm vein authentication technology. This technology is now able to be used in a wide range of situations thanks to reductions in size, reductions in cost, and simplification of development.

PalmSecure emits near-infrared rays that are absorbed by deoxidized hemoglobin present in blood flowing through a user’s palm veins. This causes an image of the palm to be captured as a vein pattern, which is then verified against the user’s pre-registered pattern to grant (or deny) access to a physical location or computer network.

Advantages

> Contactless
Because of its contactless feature, it is very hygienic and stress-free for even public use.

> High security & applicability rate
Difficult to forgery the palm vein data because it is inside the body. Almost everyone can use it. The only system on the market that gives 100% the ability to enroll and authenticate any person.

>Easy to use
Just hold your palm over the device, it captures your vein pattern instantly and will operate with all genders and ages.

>Authentication accuracy
The palm vein authentication realizes advanced authentication accuracy because the palm vein pattern has many and large sizes of blood vessels. False Rejection Rate: 0.01% and False Acceptance Rate: 0.00008%

>Advanced algorithm
The algorithm creates several tens of thousands of Minutia points, encrypting each image before converting it into a template allowing for unique encryption keys for specific solutions.

 

Ready to see how this technology can work for you, and your communities?

Contact me today!

Rodrigo Perez
(305) 505-7132
Rodrigo@identytech.com

Find us on the Members Directory on SFPMA

 

Tags: ,
We inform Managers & Board Members, they learn how your company can help them!

We inform Managers & Board Members, they learn how your company can help them!

  • Posted: Dec 15, 2021
  • By:
  • Comments: Comments Off on We inform Managers & Board Members, they learn how your company can help them!

We inform Managers & Board Members, they learn how your company can help them!

“By working together we solve problems in the Property Management Industry”

Our effective marketing helps companies set goals and grow throughout the industry. We Aid Property Management Firms, Condo Boards and HOA Communities with finding the right Property Managers and solutions for finding the right Business and Services needed for proper operations of their properties. Helping them achieve their goals.

This past month our IT Dept set up on the back end of the website a stronger way for these clients to find the services they need and contact us, in turn we will send the leads directly to our listed members.

Each month many of our members are contacted to solve problems that arise. Some important ones are;  Tax Time, Budgets, and Elections, Legal Services and Maintenance. We put clients in touch with members to help with Bookkeeping, Collections, Legal Advice and Service. Helping Clients make the right decision with hiring one of the association’s members.

When a request for maintenance of their buildings arises these management professionals search our Florida Directory finding top professionals ready to meet their needs. When Property Managers hire a company listed on our directory, they trust us to find companies that work with management professionals and each member holds proper licensing, insurances in the State of Florida.

 


How we keep members information on the minds of industry professionals.

We use information sent to us by our members and redistribute this using our in house marketing, each day this is sent directly to clients using Published Emails, from our Website to the many Social Media pages and Groups. We want you to be seen by clients all over Florida.

 

 

How do you market your business?

First you have to think about who your audience is along with what you are posting to this targeted audience? – Then think about your effectiveness and reaching clients with your own company marketing efforts.

Then ask yourself are your goals being met? – When we share about your company, We target the people that are making the decisions. We inform them about the most important issues they face with building management.

With your membership you can get your company information published and sent, informing the industry professionals. Let SFPMA spread this through our network of Board Members, Property Managers and Industry Professionals.

The Use of Digital Advertising from our Publications, Website Banner Advertising, Industry Articles on our Blog and Direct Emails to clients all over Florida!

Our Marketing Dept is constantly posting what our members send to us, sending the information to the many Social Media Pages and Groups from FB, LI, Twitter and Others. But its the Direct Emails we send we feel make the biggest impact.

Over the years we have obtained 230,000 Emails that are kept safe and secure.

Our Magazine “Florida Rising Magazine” has been published since 2014 and sent throughout our industry, this is packed with Articles, Advertising and a Directory, we thought how can we get others reading the magazine to find the top Member Companies – Put it in the Magazine! finally Social Media, With so many people looking on their Phones Our Posting on this media keeps our members and the information they supply to us on the minds of new clients that are searching for help with their Condo and HOA Management and Operation.

 


Part of your job as a member is to aid us with information about your company.

Members can send us company Articles, Sales and Products, Events, and Company News.  ( send to: membership@sfpma.com ) or as a member you can find these submission forms on the Members Portal – Log In and find the pages and forms you can use to keep us informed. 
 
  • We bring many industry professionals to our website, they view the articles search the Florida directory finding members to help them. This can only happen when you send what you are doing to SFPMA.
  • Write Articles, we will repost these on our blog and send these to our social media pages.
  • When you have Events, Classes, Seminars or Webinars we want to know? These are added to our upcoming events list where our industry finds top events each month.
  • Advertise: in our Magazine or on our Website Pages, members can have banners linked to their websites placed for all clients and visitors to see and interact with through the link.

By keeping clients informed of what your company is doing you are on their mind.  They will learn more about you, helping them make an informed decision when hiring!

 
Write Articles, Share your Membership Page, Send us information, Many companies are already leveraging these recommendations in ways that are effectively driving sales. Are you?

Wishing you and yours a very Happy Holiday Season, from all of us at SFPMA

 

Sincerely,  Frank J Mari / Executive Director

 

 

 

Tags: ,
Need A New Commercial Roof in South Florida? by PSI Roofing

Need A New Commercial Roof in South Florida? by PSI Roofing

  • Posted: Dec 14, 2021
  • By:
  • Comments: Comments Off on Need A New Commercial Roof in South Florida? by PSI Roofing

Need A New Commercial Roof in South Florida?

by PSI Roofing

Commercial Roof Replacement With PSI Roofing

PSI Roofing has built a successful history of installing high-quality commercial roofing systems with unmatched attention to detail for customers who demand the best the industry has to offer.

Our clients range from office buildings, manufacturing and industrial warehouses, condominium associations, healthcare facilities, storage facilities, schools and universities, shopping centers, churches, federal government and armed forces facilities. Check out our portfolio of completed projects!

 

Commercial Re-Roofing System Installation Types

The following are types of roof systems installed by PSI:

  • Modified and Built-Up — The traditional multi-ply system with granulated finishes including cold and hot applications
  • TPO — Mechanically attached or fully adhered rubber laminated systems
  • PVC — Mechanically attached and fully adhered PVC scrim systems
  • Liquid-applied membrane and coatings — Acrylic, urethane, silicone; with reinforced, non-reinforced or reflective components
  • Shingles — All types
  • Metal Roofs — Flat seam, standing seam
  • Tiles — All types

Once your project is under way, you will have online access to all information about your re-roof project through our Client Portal Service.  This option provides access to all relevant job documentation.  This includes job progress photos, maintenance history, building condition and equipment inventory, warranty information, and invoice status that are interlinked with a rational database.  All information  is kept on secured remote servers in order to protect your sensitive data and is accessible through a secure web portal through our website.

 

Tags: ,
Legal: Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

Legal: Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

  • Posted: Dec 13, 2021
  • By:
  • Comments: Comments Off on Legal: Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

17 So.3d 839 (Fla. 4th DCA 2009)

By: Jay Roberts, Esq.

The ability for condominium associations to terminate certain contracts using a statutory procedure is at the heart of THIS CASE. In 2002, Comcast of Florida, L.P. (“Comcast”) entered into an agreement with the condominium developer (on behalf of the Association) that granted Comcast an easement to install cables and offer cable television services to residents at a bulk-discount rate. Every unit owner received and paid for the cable service as part of a monthly maintenance fee. The termination provision in the agreement stated it would be subject to the conditions and regulations required under Chapter 718, Florida Statutes. Following turnover from the developer to the unit owners, the Association voted to terminate the agreement and sent written notice to Comcast in accordance with F.S. 718.302.

Section 718.302, Fla. Stat. (2002), provided in part:

(1) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be fair and reasonable, and such grant, reservation, or contract may be canceled by unit owners other than the developer:
(a) … the cancellation shall be by concurrence of the owners of not less than 75 percent of the voting interests other than the voting interests owned by the developer….

After receiving notice of the termination, Comcast refused to open the distribution lock boxes. Ultimately, Comcast sued for declaratory and injunctive relief for breach of contract and trespass. Before a hearing was held, the Association hired another provider to rewire the building and provide services to all residential units. The trial court ruled in favor of the Association. On appeal, Comcast argued that F.S. 718.302 did not apply to Comcast’s services, because the contract was not one for operation, maintenance, or management of the condominium as required under the statutory language.

On appeal the Fourth District Court of Appeal found that the agreement explicitly required Comcast to operate and maintain the wires and lock boxes it had installed. The Court also noted that under F.S. 718.115(1)(d), the cost of cable television service obtained pursuant to a bulk rate contract is deemed a common expense. In light of the fact that the agreement provided for a cable television service, and that the cost was part of a monthly maintenance fee, and that Comcast was required to service and maintain the cable television, the Court concluded that the agreement was one for “operation, maintenance, or management” subject to F.S. 718.302 (NOTE: the 2021 version of this statute is substantially the same as the 2002 version).

So why does THIS CASE matter? The Florida Condominium Act provides various rights to condominium associations which become effective upon turnover of the association from developer-controlled to unit owner-controlled, including, but not limited to, the ability to terminate certain contracts. It is vital for associations which recently have undergone turnover to discuss the various rights which accrued on the date turnover with the association’s legal counsel.

Tags: ,
Lighting of Tomorrow facilitates communities to switch from inefficient lighting fixtures to new state-of-the-art LED lighting technology.

Lighting of Tomorrow facilitates communities to switch from inefficient lighting fixtures to new state-of-the-art LED lighting technology.

  • Posted: Dec 13, 2021
  • By:
  • Comments: Comments Off on Lighting of Tomorrow facilitates communities to switch from inefficient lighting fixtures to new state-of-the-art LED lighting technology.

Lighting of Tomorrow facilitates communities to switch from inefficient lighting fixtures to new state-of-the-art LED lighting technology.

 

How to Reduce Commercial Energy Usage

These recent days, we are going through some real problems such as an increase in energy usage. Also, when it comes to solving these problems, people cannot really think of the solutions. Hence, we are here to provide the solutions on How to Reduce Commercial Energy Usage.

Thus, here are some tips to reduce energy usage:

Equipment functioning should be checked

The equipment functioning should be regularly checked now and then. There should be a proper check of the equipment, and even it should be double-checked. This can also lead to the improvement of the equipment in commercial settings.

Increase in Usage Air Compressors

Air compressors are one of the best solutions to reduce energy reduction. The drive motor is the main element of the air compressor. And, the latest systems allow for these drives to use a change in frequency that reduces the power that the drive is requesting (depending on load).

Plant and Trees Outside Your Commercial Property

Plants and trees must be planted on the south and east sides of your commercial building. These plants and trees will provide proper shade in the summer, which leads to a reduction in the cooling load, and will allow sunlight to enter your building in the winter, reducing the heating load as well.

Update the Regular Lighting to Modern Technology Lighting

If you have old and outdated lighting LED lighting can make a quick, moving impact on your energy consumption. Converting your old lighting to LED lighting may result in a decrease of up to 60% of the electrical costs of your daily lighting energy consumption.  LED lighting also has some additional benefits such as less heat generation that results in reducing your air conditioning load as well as reducing your maintenance costs as well.

Install Energy Effective Practices

Getting your employees to participate in energy-saving rituals is an effective way to help decrease energy expenses. You can also create incentives or competitions to check how low a commercial property can get their average energy to spend per month is quite an innovative way to boost employees toward saving energy.

Conclusion

Hence, these were some of the tips on How to Reduce Commercial Energy Usage and specifically when you can just change certain lifestyle habits. Thus, you can just introduce these tips as rituals in your commercial property to reduce energy usages very effectively.


Contact Us

840 E Oakland Park Blvd 117 Oakland Park, FL 33334

954.626.0267

info@lightingot.com

About Us

Lighting of Tomorrow is commited to providing our clients energy saving lighting solutions. We provide a complete service, so we can continue “lighting the way for a sustainable tomorrow”

 

Tags: ,
Call Pioneering Pest Services today for your free estimate on any of our services!! ☎️ 386.734.2142 ☎️

Call Pioneering Pest Services today for your free estimate on any of our services!! ☎️ 386.734.2142 ☎️

  • Posted: Dec 10, 2021
  • By:
  • Comments: Comments Off on Call Pioneering Pest Services today for your free estimate on any of our services!! ☎️ 386.734.2142 ☎️

Call today for your free estimate on any of our services!! ☎️ 386.734.2142 ☎️

Send us a Facebook message or email spetit@pioneerpestservices.com for more information!

☘️Lawn & Shrub care   🐜 Pest Prevention  🪳Termite Protection

Fertilizer ☑️ Insect control ☑️
Weed elimination ☑️

Dependability starts with Pioneer Pest Services!

Pioneer Pest Services, Inc. was established in 1985 and proudly serves Volusia, Flagler, Lake, and Seminole counties. We are a local family-owned and operated company with a proven track record for reliable and professional pest services.

Our goal is to partner with homeowners, business owners, and property managers to control pest, termite, and lawn and shrub problems. We will immediately assess and address current pest issues, as well as your lawn and shrub needs, and help you to prevent them from happening in the future.

Whether they fly, creep, sting, or swarm, pests are a persistent problem for Floridians—and they can do serious damage if they’re not kept in check. At Pioneer Pest Services, we understand that pests need to be taken care of promptly and effectively. That’s been our mission for the past three decades! A local, family-owned company, we’re committed to quality service for residential and commercial customers in Volusia, Flagler, Seminole, and Lake counties. RELIABLE PEST SERVICES SINCE 1985

Protecting your property is our priority, call us today for a FREE estimate. 📱386.734.2142📱

Members of SFPMA: View our Membership page.

 

 

Tags: , ,
Six Requirements You Need to Get Your Property Management License in Florida

Six Requirements You Need to Get Your Property Management License in Florida

  • Posted: Dec 10, 2021
  • By:
  • Comments: Comments Off on Six Requirements You Need to Get Your Property Management License in Florida

Six Requirements You Need to Get Your Property Management License in Florida

To launch a career as a property manager in Florida, you must first obtain an appropriate license, but Florida does not offer a property management license. Rather than a property management license Florida requires you to obtain a real estate sales associate license to meet the Florida Real Estate Commission (FREC) requirements.

To become licensed in Florida, you need to first meet the requirements to enter an approved educational program. Once you’ve completed the program successfully, you apply for a license. After being electronically fingerprinted, you’ll need to take and pass the licensing exam. You do not need a license if you are only managing personally owned properties. Some rental properties, however, need a licensing by the Division of Hotels and Restaurants. If a property owner hires a salaried employee to manage the property no broker’s license is required, but if they are paid by commission or transactional basis they must have a license.

 


This course satisfies the 16-hour CAM pre-licensing requirements to become a community association manager in Florida.


Community Association Managers (CAMs) differ from property managers. CAMs must hold a valid Community Association Manager license. Obtaining this FREC license follows a similar process, but requires a different educational program. A CAM manages:

  • a ten or more unit association,

  • an association with greater than a $99,999 budget.

Check each applicant’s license status before hiring any person. Use the Florida Department of Business and Professional Regulation’s Licensee Search webpage to determine their licensing.

Property Management License in Florida

The first step in how to obtain a property management license in Florida is meeting the requirements to enter the higher education program. You need to already have graduated from high school or earned your general education diploma (GED). Also, you must be at least 18 years old. These minimums allow you to apply for entry to an approved real estate sales associate pre-licensing course.

Property Management License Florida Course

You will need to successfully complete the real estate sales associate pre-licensing course approved by the Florida Real Estate Commission. More than one possible course exists and the one you complete must contain a minimum of 63 hours of coursework. This is the introductory coursework to the larger licensing educational structure. It provides the foundation for other courses. You may complete the courses via correspondence, online or in person, depending on the options the school you choose offers.

Complete Your Application.

Complete and submit form DBPRRE1 which is the Florida application for a real estate sales associate license. You can fill it out online by visiting the Florida Department of Business & Professional Regulation website. Click the link for “Apply for a License.” You can complete it online or print it and submit it by fax or mail. The appropriate application fee must accompany it.

Submit Your Electronic Fingerprints

You must submit your electronic fingerprints via a FREC approved electronic fingerprinting site. You can obtain the sites closest to you by phoning 877-238-8232. You then visit them to submit your prints and pay the fingerprinting fee.

Ace Your Real Estate Sales Associates Exam

Sit for your Florida real estate sales associates exam. To qualify for a license, you must score at least a 75 percent on the test.

Receive Your License

Once you have passed the exam, you will receive your real estate license via postal mail. It typically takes seven to 10 business days to receive this in the mail.

Further Licensing Options

Beyond obtaining the sales associate license that functions effectively as a Florida property management license, you can also obtain higher licenses. You can obtain a broker’s license after 24 months as a real estate sales associate after completing a 72 classroom hours brokers course and a 60 hour post-licensing course which both must be FREC approved. For a license as a CAM, successfully complete a course of 18 hours education.

If you searched for how to get a property management license in Florida, you now know why you could not find it online. For property management, you need a sales associate license. To manage a community, you’ll need a CAM, also known as, a property association management license Florida requires. Florida property management license requirements differ depending on the size and/or budget of the community association.

While it is not a quick process, you can obtain your real estate license in about two years. That is the time it takes to complete about 60 hours of college coursework, assuming you complete 12 hour semesters. Some schools structure the courses in such a way that you must complete the classes in a specific order and cannot register for more than 12 hours per semester. After completion of the school program, passing your license exam is the only hurdle. You can enter a career in property management in Florida within two years.


Prolicense Florida is the leading online school for Licensed Community Association Managers (LCAM). We teach through interaction, which is proven to be a far more effective method of learning than attending classes or reading a boring book. Our content delivery platform, makes it easy for you to engage with the content providing a highest success rate at the State exam.

Licensing Partner for CAM Education: for SFPMA.COM and Clients all over the State of Florida. Learn more…..

 


 

Tags: , ,
Problem with a Pipe in the Lower 48 call Me Ronnie-G “The Pipe Guy” Call or Text Ron Giles at 561-602-8660

Problem with a Pipe in the Lower 48 call Me Ronnie-G “The Pipe Guy” Call or Text Ron Giles at 561-602-8660

  • Posted: Dec 10, 2021
  • By:
  • Comments: Comments Off on Problem with a Pipe in the Lower 48 call Me Ronnie-G “The Pipe Guy” Call or Text Ron Giles at 561-602-8660

Pipe Restoration Solutions

800-652-7604  or call Ronnie G Direct: 561-602-8660

Problem with a Pipe in the Lower 48 call Me Ronnie-G “The Pipe Guy” Call or Text Ron Giles at 561-602-8660 or email ronnieg@prspipe.com

Pipe Inspection, Pipe Cleaning, Pipe Lining and Pipe Replacement Company

When PRS looks at a project we want to ensure we are putting the “right” solution to the problem at hand.  Every project has its unique needs based on overall job scope, site conditions, project timeframes and difficulty level. At Pipe Restoration Solutions, we have found that when high-quality material and creativity comes together something special happens… Projects are completed with excellence and above expectation; Long term relationships are built; Problems are permanently solved.
Our business philosophy is simple: We want to First, listen to your need. Second, identify the best solution and Third, deliver the highest quality end-result, all while giving you a great customer experience.

PRS is a State of Florida Certified Plumbing Contractor that specializes in full pipe restoration.

Whether it be sanitary sewer or storm, potable water, fire suppression or HVAC chiller lines, our goal is to provide solutions to the failing piping infrastructure utilizing the latest plumbing and trenchless technology available. We also carry a State of Florida Class “A” General Contractor’s license which sets us apart. This allows us to really understand and prepare to deal with accessing the failing pipe. If needed, we are bondable and carry a low bonding rate through our surety company.
Tags:
Community Association Collections 101: What Happens When An Owner Files For Bankruptcy? by Axela’s / Mitch Drimmer

Community Association Collections 101: What Happens When An Owner Files For Bankruptcy? by Axela’s / Mitch Drimmer

  • Posted: Dec 10, 2021
  • By:
  • Comments: Comments Off on Community Association Collections 101: What Happens When An Owner Files For Bankruptcy? by Axela’s / Mitch Drimmer

It seems as if bankruptcy will be the next big subject, this article is a step by step process for community associations

Community Association Collections 101:

What Happens When An Owner Files For Bankruptcy?

Bankruptcy NoticeThe collections process isn’t a fun one, and depending on what causes delinquency, it can get complicated. A homeowner who falls behind on just their association payments is one thing, but someone who’s so behind on all of their financials that they have to declare bankruptcy is a very different story. We’re asked all the time about what happens when a condo or HOA has to deal with homeowner bankruptcy. If your association is dealing with a bankrupt homeowner who is not paying their post-bankruptcy amounts, there are decisions to be made and steps that can be taken. Let’s review what must happen and how the community association can best navigate this situation.

 

 

Two LedgersWhat Happens When Bankruptcy is Filed?

Filing for bankruptcy isn’t a quick process. When a person, known as the “petitioner,” files for bankruptcy, they must file a list of their creditors with the bankruptcy court (which is a federal court). The creditors will be noticed with a “bankruptcy notification” and will be given a time frame by which to respond, usually under two months. Government claims can be submitted up to six months after the petition date (it’s good to be the government.)

There is no requirement that the response (or proof of claim) from the creditor must be submitted to the court via an attorney, which is good for you–the less an association is required to spend on costly attorney fees, the better. This proof of claim can be submitted by the association directly, the management company, or by a collections partner like Axela. Just be sure that everything that is legally owed to the association is included on that proof of claim–this should include assessments, late fees, late interest, fines and violations, special assessments, and any other sundry items that have been charged to the property. Be sure to double-check the ledger because it is expensive to get a second bite at that apple if you find you want to amend your claim with the court.

From there, the bankruptcy court will hold a “341 meeting,” which is a meeting between the debtor and the creditors but it is not mandatory for any creditor to attend. Then comes the really complicated part.

 

Types of Bankruptcy

It is important to know what type of homeowner bankruptcy you are dealing with as this knowledge will direct your business decisions going forward. When a property goes bankrupt in a community association, the community needs to prepare two ledgers: a pre-petition ledger and a post-petition ledger. You cannot add the post-petition amounts to the bankruptcy claim because next month’s bills are not this month’s debts. Regardless of which kind of bankruptcy they have filed, the petitioner has an obligation to pay the post-petition amounts during the bankruptcy. If the delinquent owner is NOT paying their post-petition debts, the association needs to make a decision and take action immediately, and the type of bankruptcy will determine which steps to take

 

Chapter 7

Complete wipeoutChapter 7 bankruptcy, also known as “no-asset” bankruptcy, is a complete wipeout. This means that no money will be recovered from the pre-petition amounts.  A Chapter 7 bankruptcy case can take as little as six months to complete because there is no settlement to be made. Creditors can claim to the court that there are assets being hidden but, in most cases, it is all over fairly quickly. If the delinquent owner is not paying the post-petition amounts, then the association can wait until the case is discharged and then move forward with collections activity. If the owner has been paying their post-petition amounts, then the issue is resolved albeit the association has taken a hit.

 

 

Chapter 13

Wage Earner;s PlanChapter 13 bankruptcy is known as a “wage earners plan” and is a workout where the court will make a settlement and oversee it until the payment plan has been completed. This is when the association needs to make a business decision.

In a Chapter 13 bankruptcy case, the pre-petition debts will not be discharged for 3-5 years, and the petitioner remains in bankruptcy. If they are not paying the post-petition amounts, the association cannot submit the delinquency for collections or to an attorney for foreclosure. The only course of action is for the association to ask the court for an “injunctive stay of relief” which is essentially asking the court to allow the association to move forward with collections and or foreclosure efforts.

 

So What Needs to Be Done?

If a unit owner files for Chapter 13 bankruptcy and is not paying their current assessments, it is not a stretch to believe that most likely they will never pay. It is unfair that the association needs to wait three to five years until the pre-petition debts are paid, the delinquent owner is discharged from bankruptcy, and the association can finally move forward. As we mentioned above, if a delinquent owner has filed for Chapter 13 bankruptcy and is not paying their current assessments, the association should file with the court a motion for injunctive relief. During the gap period, section 1519(a) of the Bankruptcy Code states that a bankruptcy court has the power to grant provisional injunctive relief and certain other forms of relief where “relief is urgently needed to protect the assets of the debtor or the interests of the creditors.” Additionally, an order staying execution against the debtor can also be granted. If a property owner is not paying their assessments, then the case can be made that a stay order is required to protect the assets (the property).

 

How to Handle Homeowner Bankruptcy in Your Association

The same way you’d handle any other bankruptcy situation in your association: call a professional. Homeowner bankruptcy in your association can be managed and worked through, but it takes a lot of knowledge and a lot of time. Many times, when a management company or a board of directors is reviewing delinquencies, the units that are delinquent and are also in bankruptcy get glossed over. There is a feeling that once a delinquent owner files for bankruptcy, the association has no options other than to wait until the bankruptcy is discharged. This is not the case as there are options and every case is unique. Axela Technologies has the experience, knowledge, and experience to deal with all these contingencies. Call us today for a no-cost, no-obligation analysis, and review of your delinquencies.


About the Author

Mitch Drimmer is a respected thought leader in his field and has led numerous continuing education classes in collections, His articles have been published in key trade journals and newspapers, and he is a speaker at educational seminars.

As the President of Business Development for Axela Technologies, Drimmer works with community associations and their management companies to introduce innovative strategies to collect delinquent maintenance fees.

Throughout his career, Drimmer has worked with community associations to help them see their way through tough times, especially during the real estate crash. He is a passionate advocate for community associations and has participated in the legislative process over the years trying to bring fair and equitable legislation that serves community associations.

Drimmer earned a Bachelor of Arts in History from Hunter College in New York City, and has worked in the community association collections space since 2007.

 

Tags: , ,
Corey Parshall is the founder of Parshall Tree Care Experts, a full-service tree company offering reinvented solutions to outperform and challenge the industry

Corey Parshall is the founder of Parshall Tree Care Experts, a full-service tree company offering reinvented solutions to outperform and challenge the industry

  • Posted: Dec 03, 2021
  • By:
  • Comments: Comments Off on Corey Parshall is the founder of Parshall Tree Care Experts, a full-service tree company offering reinvented solutions to outperform and challenge the industry

Corey Parshall is the founder of Parshall Tree Care Experts, a full-service tree company offering reinvented solutions to outperform and challenge the industry.

They deliver services to residential, commercial, municipal, and utility clients in Michigan and Florida! With a desire to break stereotypes and bring the tree service industry into the 21st century, Corey designed a business with unparalleled service.

Entering the market, Corey saw opportunity in the outdated practices that ensnare other companies. He understood the pitfalls in the tree service industry and decided to do his part to change it. He saw under-serviced clients and poor service in general. Using his entrepreneurial spirit, he started his own company to address these problems. Leveraging changes in technology, Parshall Tree Care aims to challenge themselves with creative ways of thinking, always looking to push the industry further.

Corey’s biggest challenges are the unknowns. In the early stages of running his business he experienced a lot of trial and error, discovering this was the most expensive way to learn and grow. Rather than bleeding money, Corey started investing in resources to grow his team instead. He found mentors that could help with problem-solving and educate the team. Before he knew it he had a clear roadmap that prevented him from constantly having to relearn everything.

 

With a mind focused on the positive, Corey believes your goals are within reach. A negative outlook can erode your confidence in taking calculated risks, while a positive outlook brings opportunity. Corey has noticed that when he keeps a positive mindset relationships line up, doors open, and he is generally luckier as an entrepreneur. By overcoming his biggest obstacle of thinking small, he found great success by intentionally setting unobtainable goals just to see what he and his team can achieve. Corey pays attention to fears that creep up when goal-setting. To him, fear is a communicator that action is needed to reach the desired opportunity.

For anyone interested in starting their own business, Corey recommends setting outrageous goals. He recommends anything considered to be a “good goal” should be multiplied by 1000 because you will probably underestimate rather than overestimate. Low expectations lead to boredom and if your business is boring you’re more likely to give up. Once you have a plan set, Corey suggests finding mentors, even if you have to pay for them. Learning from the experience of others saves you time and money in the long run.

Success, to Corey, is building a team that includes his family. In doing so, they find freedom from being tied down by that which is out of their control. He finds financial freedom knowing he and his family enjoy a better quality of life, and he has a legacy to share with generations to come. He loves sharing his success with his team as they experience the same freedom. At the end of the day, Corey’s dream is to see the entire tree service industry revolutionized—that they can leave a generational impact and improve an outdated industry.

Corey is so grateful to his staff for everything they do to help carry out the company’s mission, and to his clients who trust him to provide his service. He knows he can’t make a difference in the tree industry without either piece missing. This company isn’t about Corey Parshall, but the Parshall Tree Care Experts revolution. Parshall Tree TV, a free educational platform, is the latest division of the company.

 

Parshall Tree Care Experts

also have plans to grow their new offices in Ohio and Indiana, then expand toward the eastern US to Florida. But Corey’s ultimate goal is to be known as the industry leader in the tree service community.

Corey Parshall
Founder
Parshall Tree Care Experts
corey@parshalltreecare.com
877-250-2060
http://parshalltreecare.com

 

 

 

Tags: , ,
Financial Screening of Purchasers: How Far Is Too Far? by KBRLegal

Financial Screening of Purchasers: How Far Is Too Far? by KBRLegal

  • Posted: Dec 03, 2021
  • By:
  • Comments: Comments Off on Financial Screening of Purchasers: How Far Is Too Far? by KBRLegal

Financial Screening of Purchasers: How Far Is Too Far?

A few months back a case came before the county court in the 20th Judicial Circuit for Collier County, wherein a prospective buyer challenged the validity of a board-adopted rule which required that all prospective buyers provide two years of tax returns with their application for ownership approval. This requirement was in addition to the background check and credit check that were also required. While this is only a county court case and, therefore, has no precedential value other than to the parties themselves, there are principles addressed of which associations and managers should be aware; even though many learned attorneys would opine that the conclusions of the court are legally flawed under the facts of the case and, if appealed, would likely be overturned. Nevertheless, there are still nuggets of knowledge that can be gleaned from this case.

In this case, Mech v. Crescent Beach Condominium Association, Inc., Case No. 19-SC-3498, decided June 2020, the purchaser, who was the plaintiff, was seeking to buy a unit at Crescent Beach Condominium for $400,000, which was to be paid in cash. The purchaser purportedly had a clean background and a credit score of 800. Nonetheless, the board required that, like all other prospective purchasers at the condominium, this purchaser needed to produce his tax returns in order for the association to approve the transfer. The purchaser refused to provide his tax returns and cited his good credit score and clean background as evidence enough for approval. Eventually, an impasse was reached, and the purchaser canceled the contract. Then he brought the county court lawsuit challenging the requirement. (Generally speaking, typically under current Florida law, the purchaser would not have legal standing to even bring the claim against the association; but it does not appear that this legal infirmity was raised by the association, which allowed the case to proceed.)

The purchaser challenged the rule, arguing that the rule was not within the scope of the association’s authority to adopt, nor did it reflect reasoned decision-making. (It is noteworthy to point out that, after the initiation of the lawsuit, the association amended its declaration of condominium to provide that the association may require tax returns in an application for approval of a sale. However, this is not relevant to the conclusions of the Court in this case since it occurred after the litigation was filed.)

The association argued that the tax returns are necessary because they provide more information than a credit report and could help ensure that the potential purchaser is “a good credit risk.” The Court, however, did not agree, calling the argument “nonsensical.” The Court goes on to identify what this judge considers to be the best indicator of a person’s financial history, and as a result, it is the only information the association is allowed to seek. (We note that this conclusion is also without a stated legal basis.)

In the final judgment, some might argue that the Court goes way beyond what proper judicial consideration and conclusions typically contain and indicates that she could find “NO justification for the invasive requirement that a full, or even partial, return would be required when, in fact, the board already requires a full background check and credit check.” While no legal support for the conclusion was provided, the Court held that the request for tax returns was invasive and unnecessary and that the requirement was “shocking.”

The Court objected to the blanket requirement that applied to every applicant regardless of the results of their background and credit checks. Had the tax returns only been required when an applicant’s credit history showed a history of financial instability or delinquencies, the rule may have been upheld by the Court. How-ever, the Court held that “to take a position that ‘every person’ who applies to be a member at [the association] is patently unreasonable and shall be stricken.” Lastly, also without a legal basis or ability, the Court ordered the association to strike all reference in its condominium documents which require potential purchasers to produce tax returns unless the association can show good cause to request the information.

A brief discussion regarding the adoption of rules and regulations is necessary to highlight lessons that can be learned from this case. Generally, both condominium and homeowners association governing documents will typically provide that the board of the directors has the authority to adopt rules and regulations for the community. While some governing documents may contain restrictions requiring a membership vote to approve new rules, it is common for the governing documents to provide the board with the authority to adopt rules and regulations. (Careful review of the documentary authority for each community is recommended as some may limit the rule-making authority to common areas only and not to the residential property within the community.)  Although the board is generally authorized to adopt rules and regulations, those rules and regulations must not conflict with any provision expressly set out in the governing documents or reasonably inferred from them, and they must be reasonable. (This should be contrasted with covenants recorded in the County’s official records, which may be unreasonable and still be legally enforceable under long-standing Florida case law.)

In Beachwood Villas Condominium v. Poor, et. al., a 1984 Fourth District Court of Appeal (4th DCA) case  in which several owners challenged rules enacted by their association’s board of directors, the Court noted that there could be two sources of use restrictions: (i) those set out in the declaration of condominium and (ii) those adopted by the board. As to the use restrictions set out in the declaration, the court held that such restrictions are “clothed with a very strong presumption of validity,” as initially provided in Hidden Harbor Estates v. Basso (a 1981 4th DCA case).

In examining board-adopted rules, the court first must determine whether the board acted within its scope of authority—in other words, whether the board had the express authority in the documents to adopt the rule in the first place. If the answer is “yes,” the second question to determine is whether the rule conflicts with an express provision of the governing documents or one that is reasonably inferred. (If the documents are silent on an issue, the inference is that it is unrestricted. Adopting a rule to restrict a topic that the declaration is otherwise silent about would conflict with the inferred unrestricted use and therefore be unenforceable.)  If these first two issues are found to exist, the court will then determine if the rule is reasonable. The board’s exercise of its reasonable business judgment in adopting a rule is generally upheld so long as the rule is not “violative of any constitutional restrictions and does not exceed any specific limitations set out in the statutes or condominium documents.”

In examining your own board-adopted rules, ask the following:

  • Did the board have the power to adopt the rule?
  • Is the rule in accord with with the declaration, articles of incorporation, or bylaws?
  • Is the rule reasonable under the circumstances? (While ultimately only a court can make this final determination, the board should use its best judgment, with assistance of its counsel, to reach this decision.)

If the answer to these three questions is “yes,” then the rule should be found to be valid and enforceable by the court upon an owner challenge.

Ultimately, what can be gleaned from Mech v. Crescent Beach Condominium Association Inc. is that even if the association acts reasonably when adopting rules and even when amending the declaration, a lower court judge can reach almost any decision it wishes. Had the provision at issue only required tax returns when the background or credit checks revealed that the prospective purchaser had a history of financial irresponsibility, the provision may have withstood judicial challenge by this particular judge. Additionally, had the provision requiring tax returns been set out in the declaration before the initiation of the lawsuit, the outcome may have been different under existing, well-established case law.

Bottom line, whenever the board is considering new rules, it is recommended that the board consult with the association’s legal counsel before adopting them.

(Reprinted with permission from KBR Legal)

Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of ‘Rembaum’s Association Roundup’, an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations.  His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.

Tags: , ,