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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
As you know, I have been writing a blog 50 times per year for the last 10 years. That’s over 500 columns that have spoken about virtually every aspect of community association living. Our readers love it. The only complaint about the blog was that it was not searchable by topic. It was difficult to find a specific blog about a specific topic. Not any more! From now on, by going to either the website for Glazer and Sachs,
Tags: Board of Directors, Condo and HOA, Condo and HOA Laws, Management News
by Becker / Joseph E. Adams
Q: I live in a gated homeowners’ association. Roots from a tree planted on the common area has damaged my driveway. Who is responsible for the repair? (J.K., via e-mail)
A:Probably you.
There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence.
In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other jurisdictions, “the undoubted right of the land owner himself to cut off intruding roots or branches at the property line,” precludes a negligence claim.
As for nuisance, the majority rule in this country, which is followed in Florida, is that the owner of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land because the neighboring owner has the right to trim back roots and branches to the property line.
However, your association does have a duty to maintain common areas, and it could be argued that if this duty is not met, you could make a claim. However, this argument has not been tested in the courts and is contrary to fairly well-established precedent outside of the association setting.
Q: My homeowners’ association requires that children must be at least 16 years old to use any of the community’s amenities without an adult. I questioned this restriction and our community manager stated that the age requirement is not in the bylaws or covenants, but in the “new homeowner packet.” I never received a new homeowner packet. Can the association make this kind of a rule? My son is 15 and uses the pool and the gym regularly to exercise and I don’t think I need to be there with him when he does this. (P.S., via e-mail)
A: Restrictions aimed at families with children present difficult issues for associations. The federal fair housing law prohibits discrimination regarding the use of privileges, services or facilities associated with a dwelling because “familial status.” On the other hand, the courts have recognized that rules based on legitimate safety concerns are valid. No one would argue that an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult.
In a 2003 decision coming from a federal trial court in California, the court held that blanket rules requiring adult supervision for children under 18 years old using recreational facilities in a community were discriminatory. The court also found that the prohibitions based on children of less than a designated age was not the least restrictive means by which the community could protect the health and safety of children and residents, safety would be better served with a proficiency requirement.
There are other cases that have upheld restrictions and the law remains unsettled with no bright line as to what a reasonable age cut-off is or whether there are other means of ensuring safety in the community. You should ask your association to review your concerns with the association’s legal counsel and review whether the association should reconsider its policy.
I would also point out that as of July 1, 2018, Section 720.306(1)(e) of the Florida Homeowners’ Association Act requires that amendments made to HOA rules be “recorded in the public records of the county in which the community is located.” If the rule was adopted after that date, it should be recorded.
Tags: Management News, Members Articles
Homeowners Associations and Condominium Associations have three governing documents: the Declaration, the Bylaws, and the Articles of Incorporation.
The Declaration is the “contract with the membership” – it contains things like pet restrictions, vehicle restrictions, guest rules, the ability to do background screening on incoming buyers and tenants, insurance obligations, and other things that affect every community member’s everyday life.
The Bylaws are your go-to for procedures such as who gets to vote? How many members comprise the board? When are your elections? Who can be on the board? Who can call meetings? When is the annual meeting?
And the Articles of Incorporation are your contract with the State of Florida that incorporate you as a corporation-not-for-profit.
All three documents reference one another, and it’s important to have congruency.
Take Action today have one of our Legal Members help with a comprehensive, custom-tailored for your community updates to all three documents—the Declaration, the Bylaws, and the Articles of Incorporation
Covid-19 has brought many changes; every community should have these added to their governing documents.
The board shoulders a bit more responsibility – giving us lots of information about your association—and then we collaborate together on the tougher provisions, ensuring you have the very best guidance and governing documents that are perfect for your community.
Legal Members can provide not only guidance about your community standards, but also lots and lots of ideas from all of the other communities with whom we work! Some of the most popular updating provisions these days include: preventing AirBNB and sober homes, creating a non-smoking building (while grandfathering in current residences), eliminating investors, protecting the association from corporate takeover, and screening new residents and tenants for criminal histories and good credit references!
We are here to help protect and modernize your community!
This depends quite a bit on you! As soon as you retain our services with payment, we send you a packet of information you need to get started. We also are ready to schedule your telephone conference within the following fourteen days. That said, some associations need a bit of extra time—someone’s on vacation, or it’s hard to coordinate calendars with everyone. (And that is perfectly alright!)
You will also have an opportunity, after our phone conference, to review everything before we create your docs. Rewriting 60-100 page documents takes a bit of time! We ask for six-to-eight weeks to create your new documents, and then we send them to you.
Once you get them, you’ll start “getting the vote” in your community! Some Associations can do this within a few weeks—and for others, the process can be months! This timeline is what fits best for your community, and we are happy to provide support in any way needed.
Updating governing documents can be an exciting time for your community—there are so many incredible updates to protect and modernize your association!
Tags: Board of Directors, Condo and HOA, Management News
Lake and pond management is a complex field that presents never-ending puzzles and surprising challenges. Like a fingerprint, no two bodies of water are exactly the same—and they are always in a state of continuous change based on how the water is used, the surroundings, and even the weather. When diagnosing and designing a solution for a problem like bad odors or nuisance algae growth, professionals take all of this information into account, but it doesn’t provide a complete picture of what’s going on below the surface.
A professional assessment is the first step to achieve a comprehensive view of your waterbody’s health. Think of this as a physical for your waterbody. An array of scientific tests are conducted to check its vitals and establish an initial baseline of health. Over time, the comprehensive scientific data can be used to:
SOLitude offers a variety of waterbody assessment options. Each package includes creation of a customized, comprehensive report for you and your stakeholders. Your freshwater management professional can help you determine which package is most appropriate based on the history of the waterbody, as well as your unique goals and budget:
Gain invaluable insights into the health and longevity of your freshwater resource. Leverage new algae identification methods and advanced laboratory work to predict and circumvent water quality problems while cutting down on long-term costs.
Dive into the unique characteristics of your lake or pond. This essential data can be used to identify underlying problems and tap in to the specific needs of your waterbody with custom solutions.
Gain a baseline understanding of what’s happening below the surface of your waterbody. This key information will help put you on the right path towards the achievement of your lake or pond goals.
Additional water quality tests are available to further customize any of our three assessment packages. Ask your Aquatic Specialist is these tests should be considered for your waterbody.
Additional water quality tests include:
Apparent Color, Chloride, Chlorophyll-a, Conductivity, Particulate Organic Matter, Phosphate, Salinity, Sediment Organic Matter, Total Dissolved Solids, Total Hardness, Total Iron, Total Suspended Solids, True Color and Turbidity.
One of the nation’s premiere lake maintenance companies, SOLitude Lake Management helps our customers identify their needs and formulate comprehensive plans to achieve practical solutions to their water quality problems. Water features are a particularly important part of any property, adding value and aesthetic beauty. We offer the most technologically advanced lake or pond management products and services available to help all of our customers prevent problems and maintain a natural, healthy, balanced and beautiful ecosystem. For those prospective clients whose lake or pond is already experiencing problems, our pond management experts will restore it to its original beauty and help achieve aquatic sustainability.
SOLitude’s annual management services include:
SOLitude Lake Management
P: 888.480.5253 | F: 888.358.0088
Alyssa Serignese
3842 Ironbridge Blvd. Unit #2
Fort Myers, FL 33916
Tags: Condo and HOA Common Area Issues, Landscaping Articles, Management News, Members Articles
Tags: Management News
What happens if 5% or more of the members of a condominium association or HOA don’t make timely payments to the association as expected? What if one or more homeowners stops contributing altogether? How can condominium associations and HOAs protect themselves while not playing the role of the villain in the eyes of the delinquent homeowners? Here is the argument in favor of ethical collections.
No one can question the need for a condominium association or HOA to act against delinquent owners within their association. After all, successful collection and distribution of common fees and assessments are the only way a condominium association or HOA can survive. Budgets are prepared annually. On one side of the budget are all of the known and anticipated expenses, contributions to Reserve Funds, and other expenses the association will face in the upcoming year. On the other side of the budget are the income items to pay for those expenses, namely the anticipated income from common fees and assessments from individual homeowner and unit owners within the association. A balanced budget can only be maintained if both sides of the equation are accurate.
Condominium associations and HOAs are typically not-for-profit businesses. The governing documents that create the bond between the unit owner and the association usually give the association serious clout when it comes to collecting common fees and assessments in a timely manner. Additionally, many associations engage an attorney to assist them in contract negotiation, interpretation and modification of governance documents, and much more. It’s not surprising, then, that many condominium associations and HOAs simply turn to their attorney when it comes to matters of collection of delinquent common fees and assessments. But boards should be asking themselves, is that wise? Is that in the best interest of the association or the delinquent homeowner? Is it the best way to protect the association’s assets and actually collect the money it is owed? Is it ethical?
There are several reasons that a condominium or homeowner can become delinquent. The simplest reason is that they simply don’t have enough money to pay all of their bills. Credit card bills, utility bills, car payments, and even the mortgage all need to be paid. There are perceived repercussions from missing any of these payments, including having utilities turned off, a car repossessed, or a foreclosure action from missed mortgage payments. For these reasons, a person who is short of cash might make the decision to defer or miss payments on their common fees or assessments for the simple reason there doesn’t appear to be any repercussions from doing so. It is a mistaken notion that is all too common. Other reasons include an owner’s death or severe illness, a lack of receiving or paying attention to communications from the condominium association or HOA, and even plain forgetfulness.
Whatever the reason, once the unit or homeowner gets behind in their common fees, the goal should be to educate them and get them back up and current so that their lack of payment doesn’t hurt the other association members who are paying on time.
There is a huge difference between attempting to collect a debt and simply taking legal action against the debtor. Both have very real consequences to both the condominium association or HOA and the delinquent homeowner. Simply referring the matter to an attorney isn’t an attempt to collect a debt. It is an action that will lead to a lien and eventual foreclosure if the debt isn’t settled. Used as a first resort, it is an unethical solution because it harms the homeowner and puts the association at risk of losing additional money as the attorney will get paid for the legal work regardless of the outcome.
Since the delinquent unit owner is encumbered to the terms of the association’s governing documents, the hefty and often burdensome cost of the legal fees is also lumped onto the delinquent amount the homeowner owes to the association. In some extreme cases, the legal fees can even outweigh the amount owed to the association. Can you blame the delinquent unit owner for crying “foul” when this happens? It is unfair and unethical.
A far better and less expensive solution would be to work with a specialized collection agency that fully understands the plight of the condominium owner or HOA homeowner who has missed a few payments and become delinquent.
Axela Technologies is just such a collection agency. In addition to offering a no upfront cost to the condominium association or HOA, the fees for using a collection agency to service the debt is far more agreeable to the delinquent homeowner. They have the opportunity to address their delinquency and get themselves back in good standing with their association. A specialized collection agency can work with the homeowner politely and professionally, encourage a repayment plan, without involving the courts or threatening to foreclose on the homeowner’s home unless, and only unless, the debtor is unwilling to resolve the debt.
In our experience, that is a rare occasion that only happens about once for every 20 accounts referred. That means up to 95% of delinquencies are settled without the need for the hefty legal expense of an attorney. Not only is this solution far less expensive for all concerned, it’s also a far more effective method of collecting delinquent common fees and assessments.
An ethical collection strategy needs to be considered in all cases of homeowner delinquency and not just because it is the right or ethical thing to do. Many associations have felt the bitter sting of financial loss after pursuing a strictly legal “lien and foreclose” strategy. Savvy homeowners who get swamped with legal fees on top of delinquencies are far more likely to file their own bankruptcy leading to the association simply “writing off” the delinquency and the legal fees spent trying to collect.
Using Axela Technologies and their ethical collections strategy proves effective 19 times out of 20. Ethical collections save time, save money, and encourages a “win/win” for the association and the homeowner. Take a look at your current condominium association or HOA collections strategy today. If it isn’t ethical, it’s time to talk to Axela Technologies.
Tags: Collections, Condo and HOA, Management News, SFPMA Members
by Eric Glazer / Glazer & Sachs / Condo Craze & HOA’s
In about 25 years a crisis is coming to the condo and co-op world that will be shocking to say the least. Here is the problem. Many of you think that by purchasing your condo or co-op, you can live there forever, as long as the mortgage, taxes and assessments are paid. You may be wrong. Very wrong.
Florida condo and co-op law basically say: Leaseholds.—
(1) A condominium or co-op may be created on lands held under lease or may include recreational facilities or other common elements or commonly used facilities on a leasehold if, on the date the first unit is conveyed by the developer to a bona fide purchaser, the lease has an unexpired term of at least 50 years.
That’s right your condo could be built on land that you don’t own. Land that you are leasing and someone else owns and who is simply leasing the underlying land to the condo association for 99 years. After the 99 years are over, the lease may require that all property built on the land (meaning all of the condo units) revert back to and becomes owned by the owner of the land. In other words, after 99 years, you lose your home.
Many of these 99 year leases began in the 1960s. So, in about 40 years, lots of buildings will be faced with this fiasco if they don’t do something about it before then. As the date gets closer to the expiration of the 99 year lease term, the value of the unit keeps going down. How can you sell a unit to someone if in 5 years it reverts back to the underlying land owner? That unit is valueless.
It’s amazing how many people have no idea that this is going to happen. How many people thought that once they paid off their mortgage, they were safe and secure. They were wrong. One day, the underlying land owner will be able to make you purchase the unit all over again if you want to stay. Or, simply kick everyone out and build something new or sell to a new developer.
The law should never have allowed condos or co-ops to be built on leased land. But, this is Florida – the land where developers call the shots.
If you live in a community with such a land lease, you want to see if you can buy it out and obtain a deed to the land. That will avoid the potential disaster that awaits. The Florida Legislature better start thinking about this coming crisis and not wait for it to creep up on everyone.
Tags: Condo and HOA, Condo and HOA Laws, Management News
CONDOMINIUM BOARD MEMBER CERTIFICATION 01/19/2021 12:00 pm – 2:00 pm https://us02web.zoom.us/webinar/register/WN_z99HrslSTwOBYvSRCFGWFQ Webinar Event Instructor: Andrew B. Black, Esq., B.C.S. Course #: 9630075 | Provider #: 0005092 CAM CE credit: 2 credits in IFM or ELE This webinar covers the essentials of condominium board membership, and is updated regularly to remain current with amendments to Florida legislation. In addition, this webinar satisfies Florida’s requirement for new condominium board members. It also serves as an excellent refresher course. This course is for Condominium Association Board Members only.
CH-CH-CHANGES – MATERIAL ALTERATIONS / SPECIAL ASSESSMENTS by Katzman Chandler Wednesday, January 20, 2021 from 1:00 PM to 2:00 PM EST Learn what does and does not constitute a material alteration which requires membership approval. At some point, your Board will want to make alterations in the Community. Learn how to handle this process correctly from the start. Please join our Statewide Educators, Bill and Sue Raphan, as they present this fun and informative educational course online via Zoom Webinar Services. Space is limited to the first 150 registrants, so please do not delay! Provider #0007237 Course #9628492 1 hour Manager Continuing Education Elective Credits Register Today
Condo Craze & HOAs HOSTED BY – ERIC M. GLAZER, ESQUIRE SUNDAYS AT 11:00 a.m. ON 850 WFTL Jan 24 @ 11:00 am – 12:00 pm Condo Craze & HOAs HOSTED BY – ERIC M. GLAZER, ESQUIRE SUNDAYS AT 11:00 a.m. ON 850 WFTL The show is streamed live on the web at www.850wftl.com and on your mobile device. Presents a forum for Board members and owners to tell their side of the story. The show randomly has guest speakers who are experts on the daily problems associations encounter. All issues that our associations encounter each day are proper topics for discussion. Expect to hear from politicians, Board members, owners, tenants, community association managers, developers, community association accountants, construction industry personnel and other government officials. Listeners call in and ask questions of attorney Eric Glazer and his legal team as well as any guest present.
CONDO SOLUTIONS | FEATURING PETER MOLLENGARDEN Condo Solutions by Kaye Bender Rembaum January 25 @ 9:00 AM – 10:00 AM Radio Broadcast
LIVE RADIO SHOW: ‘ASK THE EXPERTS’ TAMPA AREA WITH SHAWN BROWN 01/27/2021 9:00 am – 10:00 am https://kbrlegal.com/radio-show/#shawn-ata Radio Broadcast
FIDUCIARY DUTY, BUSINESS JUDGMENT & FRAUD PREVENTION IN CONDOS AND HOAS / BOARD MEMBER PROTECTION by Katzman Chandler Wednesday, January 27, 2021 from 1:00 PM to 2:00 PM EST Learn about your Fiduciary Duty as a Board Member, when and how the Business Judgment Rule applies to Board decisions, and what protections are offered to Board Members through the Association’s Directors and Officers insurance. Find out the most common reasons for Board Members being sued, and learn how to discover and prevent fraud in your Association. Please join our Statewide Educators, Bill and Sue Raphan, as they present this fun and informative educational course online via Zoom Webinar Services. Space is limited to the first 150 registrants, so please do not delay! Provider #0007237 Course #9629161 2 hours Manager Continuing Education Elective Credits Register Today
Tips To Restore Your Shoreline and Prevent Erosion by SOLitude Lake Management Wednesday, January 27 @ 2:00 pm (EDT) Kick off the new year with our first educational webinar of 2021! Shoreline erosion is a concerning reality that all lake and pond owners will face, but with informed management it is possible to reverse sedimentation and set up your waterbody for continued success. Unlike common fixes, which tend to lack aesthetic appeal or long lasting stabilization, stakeholders can now combine new solutions with modern buffer management techniques to achieve both! Join our experts to learn about the best strategies to reinforce your shoreline AND make it a focal point on your property. Registration Is Free. Spots Are Limited. Register Today!
2021 LEGAL UPDATE WEBINAR by KBR and Affinity Management 01/28/2021 10:00 am – 12:00 pm https://zoom.us/webinar/register/WN_U0YUjTwNQLicwk8-Nvte1A
GET BOARD CERTIFIED AND FULFILL YOUR 2021 LEGAL UPDATE CREDITS! by Condo Craze and HOAs JANUARY 28th, 6:00 P.M Managers: Our Course is now approved for Three 2021 Legal Update Credits. Course Number: 9630640 TO REGISTER: CLICK HERE: OR CALL OUR OFFICE AT: 954-983-1112 CONDO AND HOA EDUCATION IS BACK! GET BOARD CERTIFIED FROM THE COMFORT OF YOUR OWN HOME. REMEMBER, IF YOU DON’T GET CERTIFIED WITHIN 90 DAYS OF GETTING ON THE BOARD – YOU ARE OFF THE BOARD.
Condo Craze & HOAs HOSTED BY – ERIC M. GLAZER, ESQUIRE SUNDAYS AT 11:00 a.m. ON 850 WFTL Jan 31 @ 11:00 am – 12:00 pm Condo Craze & HOAs HOSTED BY – ERIC M. GLAZER, ESQUIRE SUNDAYS AT 11:00 a.m. ON 850 WFTL The show is streamed live on the web at www.850wftl.com and on your mobile device. Presents a forum for Board members and owners to tell their side of the story. The show randomly has guest speakers who are experts on the daily problems associations encounter. All issues that our associations encounter each day are proper topics for discussion. Expect to hear from politicians, Board members, owners, tenants, community association managers, developers, community association accountants, construction industry personnel and other government officials. Listeners call in and ask questions of attorney Eric Glazer and his legal team as well as any guest present.
Tags: Events Meetings and Courses, Management News
SFPMA works throughout the State of Florida, we are a multi-member organization for the Condo, HOA and Property Management industry. Through knowledge based Articles, Events and our Members Directory, Clients find the right information to make an informed decisions for their Florida properties.