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Florida Legislature to Pass Law Prohibiting Associations From Charging Estoppel Fees

Florida Legislature to Pass Law Prohibiting Associations From Charging Estoppel Fees

  • Posted: Jan 02, 2024
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YOUR ASSESSMENTS ARE ABOUT TO GO UP AGAIN

Act Now Before It IS Too Late!

Of all the subjects I never would have thought I would be writing to you about, it is this: the Florida Legislature is dangerously close to passing legislation that prohibits a Florida community association from charging a fee for the preparation and delivery of an estoppel certificate!!! The text of Senate Bill 278, along with its companion House Bill 979, fully prohibits condominium and homeowners’ associations from being able to charge the requesting party a fee for the preparation of the estoppel certificate. But, however, the professional who assists the association prepare and issue the estoppel, such as the management company and attorney, will now charge the association and not the party who requested the estoppel. This year’s legislative session starts very early, on January 9th. Your legislators need to hear from you that you do not want them to support these bills because they will cause financial harm to your association.

Why should community associations be stuck with the bill for the estoppel? This bill will fully shift the financial responsibility for the estoppel from the buyer or seller right on over to the association. In other words, the association still has to pay its agents, be it the management company or attorney, etc., to prepare the estoppel. At times it takes a lot of work, coordination and effort to timely issue the estoppel, let alone all of the liability that comes along with its issuance.

Since when in the United States of America can the legislature require any of us work for free? Well, it may sound like that because the buyer or seller will not have to pay for the estoppel but we all know in reality, nothing is free. This draconian fee shifting legislation could in a great many cases, if not all, act to increase every homeowner and condominium unit owner’s assessments who live in the community. Preparing estoppels can take significant time, most, especially, if there is a long history of nonpayment associated with the account. Also, existing violations must be taken into account in the estoppel certificate, etc., If the math is wrong, the issuer of the estoppel could end being financially responsible for the shortage, and they could be subject to, amongst others, Federal Fair Debt Collection Practice Act claims due to a mistake. Therefore, there is significant time involved in gathering all of this information, ensuring it is correct, and then issuing the estoppel within the required 10-day business day legislative timeframe. To make a long story short, management companies will have to increase their fees charged to the associations to offset their inability to charge the fee to the requesting party for the estoppel, and thus, every member of your association will have to pay more.

As to any rumors of rare abuse by those charging excessive estoppel fees, there are already safeguards built into the existing legislation which provide for summary legal proceedings that can be brought to compel compliance with the existing estoppel legislation and its financial cap. It even provides for prevailing party attorneys fees.

If you hear that objections to this legislation from management companies and attorneys are because they do not want to lose revenue such is not the case at all. It’s really quite simple: This legislation will fully shift the responsibility for the estoppel fees, from that of the requesting party, to all the owners that already live in the association’s community and who have nothing to do with the transaction at all.

As this is holiday season, if this passes into law, what a horrible gift that would be. To prevent this legislation from becoming law, please reach out to your legislators and let them know that you object to Senate Bill 278 and House bill 979.

HERE is a link to the SB 278.


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Thank You to our members and industry professionals for a great year. We look forward to even more information this year along with our “Florida Rising Industry Magazine  in 2024.”

Thank You to our members and industry professionals for a great year. We look forward to even more information this year along with our “Florida Rising Industry Magazine in 2024.”

  • Posted: Jan 02, 2024
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Thank You to all of our State of Florida Property Management Association Members for a great year. supporting and informing our industry about Condo, HOA’s and Property Management Services have been a Big Success.
As we move into 2024 we have even more members to let you know about and found on our Find-A-Service.com Directory.
In 2024 Condo Boards and Property Managers will need help with Florida: Condo Building Inspections SB4D
Board Members can find the right information on our new websites and pages. Https://FLBuildingInspections.com
Wishing everyone a Happy Holiday from SFPMA

Wishing everyone a Happy Holiday from SFPMA

  • Posted: Dec 20, 2023
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Merry Christmas from all of us at the State of Florida Property Management Association

Our Offices will be closed as of Wed 20, 2023 we will return Dec 27, 28, 29 2023

again our Offices will be closed till after the New Year.

if you need us we will be available by email  Membership@sfpma.com

We look forward to the many changes in the New Year as should you.

sfpma.com

2401 E Atlantic Blvd, Pompano Beach, FL 33062

https://g.page/r/Ca16pZV0_yhcEAI/review

 

You know you’re doing great when you get hired for more than 1 job on a single project. by United Professional Engineering

You know you’re doing great when you get hired for more than 1 job on a single project. by United Professional Engineering

  • Posted: Nov 08, 2023
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You know you’re doing great when you get hired for more than 1 job on a single project.

From various concrete repairs to balcony slabs, walkways, columns, beams and metal framing, to condition assessments, drawings, bids, specs, special inspections, United Professional Engineering took care of this restoration project from start to finish.

We are the experts and we pride ourselves in quality service. Contact us today at (561) 582-1733 or visit upefl.com.

 


United Professional Engineering (UPE)

Provides a unique “one-stop-shop” for all your structural engineering needs in Palm Beach and Broward County. Our South Florida area founded firm has been in business since 1999 and we have a diverse team; from licensed designers and structural engineers to inspectors and general contractors. For that reason, our projects range from designing and restoration to structural inspections and more!

We understand how valuable your time is and we are committed to providing our industry leading expertise to your next project. Our team welcomes any and all challenges to ensure a smooth and cost effective project for all our clients and everyone involved. Your journey with us is important, and we take pride in making it memorable!

At UPE, we understand it is hard to find a service provider you can trust and count on and we are here to change that.

Today, one of the largest investments is building a structure and how to maintain its lifespan. Structural integrity, environmental factors, atmospheric elements, and maintaining aesthetics are all important factors that we evaluate very carefully, when working on a project.

Our highly qualified licensed designers, engineers and general contractors promises to ensure your investment is protected. We believe it’s important to exhibit and maintain an open communication network, while working towards each of our client’s best interests, as well as everyone involved.

We are committed to structural safety and serviceability, identify equilibrium conditions, resolve limitations and utilize preventive and corrective maintenance behavior. UPE is here to help accomplish each milestone of your project, together! Contact us today! 561-582-1733

 

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“RIMKUS” IS A WORLDWIDE LEADER IN ENGINEERING, CONSTRUCTION MANAGEMENT AND CONSULTING AND SO MUCH MORE.

“RIMKUS” IS A WORLDWIDE LEADER IN ENGINEERING, CONSTRUCTION MANAGEMENT AND CONSULTING AND SO MUCH MORE.

“RIMKUS” ENGINEERING, CONSTRUCTION MANAGEMENT, CONSULTING AND SO MUCH MORE…

FOR THOSE OF YOU WHO NEED ANY ASSISTANCE WITH YOUR 30, 40 OR 50 YEAR INSPECTIONS, CALCULATING AND PREPARING YOUR NEW RESERVE STUDIES OR NEED REPAIRS TO YOUR CONDOMINIUM PROPERTY — WATCH THEIR ONE MINUTE VIDEO.


Building Envelope Assessments

 The Rimkus Architecture, Engineering, and Construction (AEC) Building Envelope Services team can provide a complete assessment of a structure’s building envelope (façades, roofs, windows, balconies, walkways, parking areas, etc.) describing the condition of such and all items in need of repair. A recommended timeline and a projected construction cost will also be provided to assist the owner in projecting future budgets.For a full survey of all building components, Rimkus can increase the scope of the survey and provide a full Property Condition Assessment (P.C.A.) including mechanical, electrical and plumbing systems, elevators, and interiors.Building Envelope Assessments and PCAs are typically provided with 5- or 10-year projections; however, they may be customized to the client’s needs. These reports can be utilized as a tool to help create capital expenditure budgets and establish maintenance schedules.

Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency. Our building envelope services include:

  • Façade Inspections
  • Façade Restoration
  • Building Envelope Assessments
  • Roof Consulting
  • Waterproofing and Weatherproofing Assessments and Design
  • Historic Preservation
  • Pavement Engineering

RIMKUS

http://www.rimkus.com

AECAssignments@rimkus.com

800-580-3228

 

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Who is SFPMA ? -We are a member organization for Florida’s Condo, HOA and Property Management Industry.

Who is SFPMA ? -We are a member organization for Florida’s Condo, HOA and Property Management Industry.

  • Posted: Oct 23, 2023
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We are a member organization for Florida’s Condo, HOA and Property Management Industry. SFPMA.COM

Our Goal is to promote the many member companies in our industry and get you in front of the decision makers.

Our team is made up of professionals who work in our industry. These leading professionals who genuinely want to see you succeed and who will be thoroughly committed to helping you achieve your goals.

Our Members include: Property Management Companies, Building Owners, HOA’s, Condo Boards, Self Managed Associations, Business and Service members throughout Florida.

Working with professionals at offices throughout Florida. We are dedicated exclusively to clients that work with condominium, homeowners associations and property managers.

 

  • It starts with your membership listing on the Florida Directory, where management professionals can easily find and select companies needed for getting repairs completed and requests for proposals on new projects.
  • Our Directory makes it easy for Condo & HOA Boards and Managers to find trusted companies throughout Florida. In addition our team helps them find the right companies for their buildings.
  • Every month we add events to our Calendar, many offer ECU Credits and Certifications for Board Members to Management Professionals. 
  • We market our members using many avenues, through industry articles written by members, advertising in our publications and direct emails sent each week to over 230,000 clients. 
  • On the business side are our committees that lobby on issues related directly to our industry with a voice in our state capital. They advocate to achieve our goals and the goals for our members. 

*Join the State of Florida Property Management Association: ( sfpma.com ) Be found on our members directory by clients looking for the services you provide.

this week over 140. calls came in asking us if we are a property management company. we took the time to let these clients know about us, they were vendors trying to get infront of the decision makers for their services…Many of them are now members of sfpma.

Keep reading our Email blasts for all the new members, with such a large amount of new members we are doing our best to add all of them with all of their company information.

We are adding to our directory, redesigning and adding Category Pages. We are also working on our magazine, with  new info and new look it will be packed with more helpful information for our industry. Florida Rising Magazine

 

Thank you from all of us at SFPMA! ~Frank J Mari / Executive Director

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Good leadership and governance for Florida Board Members by SFPMA

Good leadership and governance for Florida Board Members by SFPMA

  • Posted: Oct 23, 2023
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Good leadership and governance for Board Members

“Seven keys to a successful board meeting”

One of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

It sounds basic, but one of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

Boards, in general,  do well with more fundamental board members understanding responsibilities — understanding the organization’s mission and providing financial oversight. Conversely, they struggle most with external responsibilities, including fundraising, advocacy, and community-building and outreach. This lack of understanding of what is — and is not — a part of the board’s essential roles can lead to a whole host of dysfunctions, such as micromanagement, rogue decision-making, lack of engagement, and more.

Since it’s impossible to do a job well if you don’t know what the job is, all boards must take the time to ensure that every board member fully understands what’s expected and needed of him or her, and then hold all members accountable when they get off track.

This starts with an understanding of the fundamental legal duties of each individual board member, which include:

  • Duty of Care — Each board member has a legal responsibility to participate actively in making decisions on behalf of the organization and to exercise his or her best judgment while doing so.
  • Duty of Loyalty — Each board member must put the interests of the organization before their personal and professional interests when acting on behalf of the organization in a decision-making capacity. The organization’s needs come first.
  • Duty of Obedience — Board members bear the legal responsibility of ensuring that the organization complies with the applicable federal, state, and local laws and adheres to its mission.

 

Board meetings should be productive, efficient meetings where the board conducts business. Stop and think about that for a minute. Are your meetings productive and efficient? Does the board meet to conduct business or socialize? Are you getting the most out of your meetings?

We’ve put together seven keys to a successful board meeting. Following these suggestions can bring new life to your association and keep volunteers interested in helping.

 

1.- Board meetings should not last more than one hour. Start the meeting when it is scheduled to begin and get straight to business. If you collectively have the focus to get done in an hour you’ll be amazed with how much you can accomplish. If you have no time limit, the meeting will typically drag on and a lot of time will be wasted.

When time is wasted at a meeting then people are less likely to volunteer because they feel their time is wasted. One hour meetings have a major impact on volunteers. Associations that hold focused, one hour meetings have more people volunteer. It’s also important to note that those volunteers stay active the in the community for much longer. Length of your board meetings may seem like a trivial matter, but it really does have a large impact on how the volunteers of the association view the organization and, in turn, how they view their role.

 

2.- Make your meetings action oriented. Don’t just discuss issues, make decisions. Every item up for discussion should end in a vote to move forward in some way or table the issue with a clear understanding of why the item is being tabled and when it will be revisited. When taking action on an item make sure it is clear who will be responsible for getting that task completed. Ambiguity cripples a board.

 

3.- Board Meetings are for the board. They are not neighborhood meetings or social gatherings. The purpose of a board meeting is to conduct business, not see how many people you can get to attend. Some board members try to get as many people to attend as possible. This is missing the point. Homeowners are, of course, welcome to attend but it is not a membership meeting. The purpose of the board meeting is for the board to consider the affairs of the association, make business decisions, and then have a clear plan of action.

 

4.- Take time prior to the meeting to think about what you want to discuss. Inform the community manager of this one week prior to the meeting. This way your topics of discussion can be placed on the agenda which will allow the other board members and the community manager the opportunity to think about and/or research the item you want to talk about. When you don’t come prepared and spring things on the other board members or on the community manager this typically results in a lot of unnecessary discussion with additional research needed in order to make any kind of decision. Remember, be action oriented. By planning ahead you can make more decisions at the meeting instead of causing an item to be discussed twice and delayed for months.

 

5.- There are an odd number of board positions for a reason. You will not always see eye to eye. Don’t take it personal if the other members of the board disagree with you. This will occur and is healthy. While each board member should attempt to come to a consensus with the other members, you will not be able to achieve this each time. Countless hours are wasted by board members continuing to argue a point just to obtain “victory” on a certain issue or to avoid any vote that is not unanimous. This occurs because someone is taking it personal. If your view is not shared on an issue, take a vote, and move on. Do not hold a grudge. Recognize that you can disagree and still work well with each other.

6.- If you think you may have a conflict of interest do not vote on that issue. Let’s say a board member’s spouse is on a committee. If the board is making a decision on an issue related to that committee then the board member with the spouse on that committee should excuse him/herself.

 

7.- Most associations should hold quarterly meetings (unless your bylaws require more). Meeting more often than that becomes excessive and unnecessary. Remember you want to have focused, short, productive meetings. This keeps people interested in serving on the board and on committees. If the association is constantly meeting then people feel it is taking too much of their time and they will stop volunteering. It is important to note that you are required to comply with the minimum meeting requirement in your bylaws. Most association bylaws require no more than quarterly meetings, but check yours to be sure.

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What happens when it floods?  Contact us for a comprehensive inspection of your property’s Stormwater System.

What happens when it floods? Contact us for a comprehensive inspection of your property’s Stormwater System.

  • Posted: Oct 23, 2023
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What happens when it floods?

Water will flow from streets into your local storm drain and then to your lake. You will see lake levels rise during this time. Your local drainage district is hard at work in pump stations and control rooms managing water throughout South Florida. You will see this level of flooding till the main drainage system can catch up with the amount of rain that fell over the last 48 hours.
If you have not had your Stormwater System inspected within
the last year contact us for a comprehensive inspection of your property’s Stormwater System.

Contact us at:

Allstate Resource Management

954-382-9766 or info@allstatemanagement.com

Allstate Resource Management | 6900 S.W. 21st Court, Bldg. 9Davie, FL 33404

 


A Company You Can Trust!

Family-owned and operated for 25+ years!

Centrally located in South Florida!

Contact us today to find out how we can help your community!

Direct: 954-382-9766 or info@allstatemanagement.com
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Managing Waste Webinar  Hosted by the Business Waste Assessments Section  Thursday, Nov. 2, 2023  11 a.m. to 1 p.m.  Hosted on Zoom

Managing Waste Webinar Hosted by the Business Waste Assessments Section Thursday, Nov. 2, 2023 11 a.m. to 1 p.m. Hosted on Zoom

Managing Waste Webinar

Hosted by the Business Waste Assessments Section

Thursday, Nov. 2, 2023

11 a.m. to 1 p.m.

Hosted on Zoom – link available when you register.

Register for free today! 

 

The Department of Solid Waste is hosting a free solid and hazardous waste management webinar for property managers and waste haulers. Learn what your roles and responsibilities are for managing other people’s waste and wastes generated at your properties. You will have the opportunity to ask the Business Waste Assessments team questions. The webinar will give an overview of solid, hazardous and universal waste regulations and management practices including:

  • Waste determinations
  • Proper storage
  • Disposal options
  • Record keeping

Who should attend?

  • Anyone handling other people’s waste
  • Property managers
  • Manufactured housing management companies
  • Homeowners’ associations
  • Trash hauling and junk removal companies
  • Storage facility management companies

The webinar will not be recorded.

Resources

Use our Where Does It Go? Search Tool to help determine what wastes are hazardous and what to do with them. Find local resources for reuse, recycling and disposal. To be directed to the proper information, first select “For Businesses.”

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How To Deal With Slippery Floor Tiles – CoverTec Products

How To Deal With Slippery Floor Tiles – CoverTec Products

How To Deal With Slippery Floor Tiles.

CoverTec Products

Making floors slip-resistant requires a clear understanding of what you are working with. These are the factors that impact whether a floor is slippery or not:

  1. The condition of the floor
  2. The flooring material
  3. The condition and the material of the footwear interacting with the surface
  4. The contaminants present on the floor
  5. The physical ability of people walking on the floor.

In this post, we’ll cover several slippery floor types… and show you how to reduce the possibility of slip and fall accidents on your premises.  Whether you’re at home or on business premises, we’ve got you covered.

Details below. Click to go there now.

How To Solve Slippery Floors… In General

 

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