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FIND COURSES TRAINING AND EVENTS IN FLORIDA on THE EVENTS CALENDAR

FIND COURSES TRAINING AND EVENTS IN FLORIDA on THE EVENTS CALENDAR

  • Posted: May 12, 2020
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FIND COURSES TRAINING AND EVENTS IN FLORIDA on THE EVENTS CALENDAR

In these times we have changed our Events to Include Online Webinars, Seminars and Radio Shows you can interact with from the comfort of your homes.

 

THE EVENTS CALENDAR

 

Keeping safety first. We have added events to fit the new narrative Providing: Legal Courses, Board Member Courses, Insurance, Collections, Finance, Business, Service Courses and Expos in Florida.

 

                  

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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

  • Posted: May 06, 2020
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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

by Kaye Bender Rembaum

In response to our article below, we have received inquiries from readers  regarding the ability of an  association located in Palm Beach County to use volunteers to provide the pool  monitoring as required by Palm  Beach County Emergency Order Number 5.

In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.

 


 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 


In addition, based upon an April 28, 2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.

 

With that in mind,  if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration: 

 

1) If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.

2) Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?

3) Does the association have insurance coverage in place to cover acts of volunteers?

4) Does the association have volunteer workers comp type coverage in place?

 

Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools.  The following links are provided for your reference:

Palm Beach County Emergency Order Number 5

The Palm Beach County Website April 28 posting related to volunteers  

Remember to also discuss the re-opening plan with your association’s legal counsel. 

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

 

 

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COVID-19 SURFACE TESTING – NEXT DAY RESULTS AVAILABLE!

COVID-19 SURFACE TESTING – NEXT DAY RESULTS AVAILABLE!

  • Posted: May 01, 2020
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COVID-19 SURFACE TESTING

NEXT DAY RESULTS AVAILABLE!

According to the U.S. Centers for Disease Control and Prevention (CDC), COVID-19 is a respiratory illness that can spread from person-to-person. The main infection route is between people who are in close contact with one another (within about 6 feet) through respiratory droplets produced when an infected person coughs or sneezes.

It also may be possible that a person can contract COVID-19 by touching a surface or object that has the virus on it, and then touching their own mouth, nose, or eyes. Currently, transmission from surfaces is not thought to be the main way the virus spread, however the CDC’s April 13th update remarked: “COVID-19 is a new disease and we are still learning about how it spreads and the severity of illness it causes.”

 

As mentioned on our homepage, recent studies suggest that the CVOID-19 virus may remain viable and infective on surfaces for hours to days, depending on the surface material type (fabric, tile, steel, etc.).

Thorough cleaning and disinfection of frequently touched surfaces are recommended by the CDC and believed to be essential in preventing the spread of infection.

The presence or absence of the viral genetic material on environmental surfaces can now be directly tested with EMSL’s new CVOID-19 molecular-based test and used to demonstrate effectiveness of cleaning protocols.

 

Air Quality Assessors of Florida only performs the physical sampling of surfaces recommended to test by request of our client and in no way can guarantee the entire site is clear from COVID 19. AQA sends all samples to an accredited laboratory for analysis.

Call us or visit our website to schedule your assessment or request more information. We will get back to you with 24 hours.

844-CALL-AQA

 

 

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How the Coronavirus Can Affect Your Insurance Claim By Bobby Parsons  / Cohen Law Group

How the Coronavirus Can Affect Your Insurance Claim By Bobby Parsons / Cohen Law Group

  • Posted: Apr 28, 2020
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How the Coronavirus Can Affect Your Insurance Claim

By Bobby Parsons / Cohen Law Group

 

As the Coronavirus continues to spread throughout the globe, many industries will experience closures and slowdowns, as well as implement various protocols limiting their productivity. For instance, the Florida court system has already issued an administrative order limiting court appearances that would require the gathering of a substantial number of people in an effort to curtail further spreading of the virus. The extent of such protocols being put in place during the near-term future remains unclear, but it is safe to assume, the business interruptions we have seen thus far are only the beginning until a vaccine is developed, or the virus runs its natural course.

Many offices are closing their doors for the foreseeable future and requesting employees to work from home. The most recent recommendations from the authorities include a moratorium on gatherings of ten people or more, down from fifty only a few days ago. The spreading of the virus, and the associated efforts to curtail its spread, will certainly impact all aspects of our lives, and suffering a loss to your home or property would only serve to make an impossible situation worse.

Insurance companies are very large, with vast amounts of employees. Should you suffer a loss to your property, an insurance company will likely be ill-equipped at this time to properly adjust your claim due to limitations on its productivity like those discussed above. Normally, an insurance company must conclude its investigation of your claim within ninety days. However, this rule is subject to a provision that allows insurance companies to exceed this timeline during exigent circumstances, like the one we are all dealing with today. What this means, is that your claim could get stuck in limbo while the global issue of the coronavirus runs its course. Scheduling inspections, hiring contractors, gathering documents from your insurance agent, and other steps ordinarily conducted during an insurance company’s investigation into a claim will take much longer than usual.

Given the uncertain nature of the near-term future regarding the ability to properly address your insurance claim, what is a property owner to do should it experience a loss? The most important thing to do in a time like this, is to protect the property from further damage and stabilize it. This could be something as simple as placing a tarp on the roof after suffering a leak. Even though the carrier is likely going to take quite some time to investigate the loss, this does not absolve a property owner of its responsibility to protect the property from further damage. Likewise, a property owner must also preserve the property to the best of its ability for inspection by the insurance company at a later date. Literally maintaining possession of damaged property may be a virtual impossibility due to contaminants or some other risk. However, should this occur, property owners should document such property thoroughly, and consider storing the damaged property with a third party better-equipped to handle such property. As the spread of the coronavirus continues to wreak havoc, it is important to know that an insurance company’s investigation into a property claim is likely to take much longer than normal, and it is equally important to understand how a property owner needs to adapt to the drawn out process.

 

If you have any questions regarding this, you can call our office 24 hours a day at 407-917-3192.

Robert "Bobby" Parsons, Esq.

Robert “Bobby” Parsons, Esq.

Learn more about Bobby here!

DISCLAIMER: This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Cohen Law Group through this site does not form an attorney/client relationship. This site is legal advertising. Please review the full disclaimer for more information by clicking here.

 

 

 

 

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Concierge Plus: technology for modern property management

Concierge Plus: technology for modern property management

  • Posted: Apr 28, 2020
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Concierge Plus: technology for modern property management

by Chris Cooney
Senior Sales Executive — Concierge Plus
T: 305-850-7676 x128 — M: 786-667-0056

 

Our property management platform makes life easier for property managers and security companies by increasing efficiencies, improving resident service, and automating administrative processes so your condo or HOA runs more efficiently.

 

In less than a week, you’ll be handling maintenance requests, amenity bookings, visitor parking, package tracking, resident announcements, and resident information on a secure website, accessible to you at anytime from anywhere. Take your condo online today! Our dedicated Customer Success Specialist team will train your building staff, including on-site training at your location.

 

Improved Workflow

Improved Workflow

We make it a snap to handle service requests, amenity bookings, package deliveries, tracking visitors, and visitor parking.

Convenient Online Access

Convenient Online Access

Say goodbye to paper and binders by digitizing administrative tasks, while giving residents easy online access to many services.

Feature-Rich, All-in Pricing

Feature-Rich, All-in Pricing

Embrace a platform offering control and total flexibility, as well as competitive pricing, product updates and great customer service.

 

Discover the most cost-effective solution on the market

Competitive pricing is just the beginning. Concierge Plus is designed to save you time, money, and effort. Say goodbye to inefficient administrative tasks, mountains of paperwork, and time-consuming processes.

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After the Pandemic: How Community Associations Can Recover in the New Economy. by Mitchell Drimmer of Axela

After the Pandemic: How Community Associations Can Recover in the New Economy. by Mitchell Drimmer of Axela

  • Posted: Apr 28, 2020
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After the Pandemic: How Community Associations Can Recover in the New Economy.

by Mitchell Drimmer of Axela Technologies

 

Is Your Condo or HOA Prepared?

Download : How Community Associations Can Recover in the New Economy

With a pandemic crippling the global economy, community associations must prepare for the effects this will have on the housing market.

We must face the grim reality that the ripple effects of the coronavirus may cripple our economy for years to come, long after the virus itself has been contained, as people lose their incomes and families struggle to make ends meet.

Community associations are already beginning to feel the effects of the recession with homeowners in financial crisis opting not to pay association fees, and this trend looks like it will get worse before it gets better. And with foreclosures on temporary deferment during the shutdown, the typical methods communities use to collect are unavailable.

But there is hope for communities to navigate this new recession economy. Community associations are one of the few industries that can successfully weather economic depression. You just need to know what tools to leverage to keep the budget healthy.

The American consumer will be making choices: “Should I pay my Visa or Mastercard bill or my community association fees?”

This whitepaper explores the options that are available to community associations and reveals what actions you can take to not just protect your community, but to thrive in the new recession economy we are facing.

 


 

HOW THE FUTURE COLLECTS

Axela Technologies is dedicated to helping create streamlined accounts receivable and collections for management companies, condo associations and homeowners associations.

Our proven collection methods help community associations realize higher returns and lower delinquency ratings at virtually no risk to the organization.

Axela is fully compliant with Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA).

 

Get a Free Consultation with a
Collections Expert

Need a Better Cash Flow for Your Condo or HOA?

Your Collections process may be what’s holding your budget back. Let us help with this free analysis of your collections process.

Call Us
305-392-0389

 

 

 

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IT’S TIME FOR SOME NEW LEGISLATION FOR VOTING for OUR ASSOCIATIONS By Eric Glazer, Esq.

IT’S TIME FOR SOME NEW LEGISLATION FOR VOTING for OUR ASSOCIATIONS By Eric Glazer, Esq.

  • Posted: Apr 28, 2020
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IT’S TIME FOR SOME NEW LEGISLATION

By Eric Glazer, Esq.

 

No doubt we have been in unchartered waters for the past few weeks now.  Boards have been uncertain about how, when and where they can hold board meetings.  Unit owners are upset that they have heard that their Board is actually having meetings that they cannot attend.  Decisions are being made at meetings that are not properly noticed.  No doubt decisions and votes are being made by e-mail, even though the statute clearly prohibits it.

       Despite the extraordinary powers given to Boards under the emergency powers statute, there are a few things that remain clear;

  1. Board meetings must still be noticed;
  2. Unit owners have the right to attend board meetings;
  3. Board members still cannot vote by e-mail;
  4. Board members have the right to appear at Board meetings via telephone, real-time videoconferencing, or similar real-time electronic or video communication and it counts toward a quorum, and such member may vote as if physically present. A speaker must be used so that the conversation of such members may be heard by the board or committee members attending in person as well as by any unit owners present at a meeting.
  5. Unit owners who are not on the Board have no right to attend their Board meeting via the same technology that Board members get to use.

So what needs fixing?  Obviously, in light of recent events, all board meetings and unit owner meetings must be made available to the owners through technology.  Nobody should be forced to attend a meeting in person if board members are not forced.  .  Now, before anyone starts yelling that this is impossible…… it isn’t.  There was pushback about having a mandatory website that would hold all of the association’s records.  We learned it works great.  There was pushback when it came to on-line voting.  We learned it works great.

For me however, these past few weeks have been an incredible learning experience.  I have had the joy and honor of continuing to teach the Board Certification and Legal Update seminars.  There are 130 people on-line at one time!  We are on-line for three hours.  It works perfectly.  And after my part is over, everyone who wants to be heard gets to be heard.  Don’t tell me Board meetings can’t be run the same way.  They can.  Easily.  Far fewer people typically attend a board meeting.

So, it’s clear that it’s now time for unit owners to get the same rights as board members do and have the opportunity to appear at their Board and unit owner meetings through the use of technology.  If you still choose to attend in person, even better.  The choice should be yours.

 

 


 

The State of Florida Property Management Association has looked into these issues for voting and have found in Florida,  There are a few companies that had the insite and looked into the future of Online Voting

 

Supported by SFPMA:  BeckerBALLOT  –  Use this software for board of directors votes, amendment of governing documents, waive reserves and approval of material alterations and more! Your members need to simply log in, cast their votes and be on their way.

BeckerBALLOT, a joint partnership between Becker & Poliakoff and SHYFT digital. 

We offer an easy-to-use, secure electronic voting software solution that is compliant with state law. We provide the ability for members in condominiums, cooperatives and homeowner associations to cast their votes online.  You will be able to easily and seamlessly facilitate and increase member participation in important votes. All votes stay secure, anonymous and tracked for validity.

Once your Board adopts a Resolution which offers an online voting system for your members, members consenting to vote online may register and vote using BeckerBALLOT.com

 

 

Please join us from the comfort of your home or office for one of our upcoming online webinars where we will demo the vote creation and management tools with opportunity for Q&A.

April 28: 10:30 – 11:30 am: Register Now
May 5: 10:30 – 11:30 am: Register Now
May 12: 10:30 – 11:30 am: Register Now

 

 

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A Healthy Workplace Starts In the Janitor’s Closet by ACE Cleaning Systems

A Healthy Workplace Starts In the Janitor’s Closet by ACE Cleaning Systems

  • Posted: Apr 22, 2020
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A Healthy Workplace Starts In the Janitor’s Closet

by ACE Cleaning Systems

Is Your Workplace Healthy?

We all want to live and work in a safe and sanitary environment.  In light of the recent covid-19 outbreak, we have become more aware of the importance of cleaning (and disinfecting) the surfaces we touch in our workplaces.  While no facility can be made “germ free”, janitorial companies can utilize modern cleaning and disinfection practices to create a safe and healthy work environment for your business.

Much of the equipment and cleaning practices in current use have become outdated because they are less effective at removing germs.   This is because science has uncovered three disturbing facts:

1. Surfaces that look clean are not always free of germs.

2. Cleaning incorrectly can actually cause germs to spread from one area to another.

3. Certain types of cleaning equipment and supplies actually encourage the spread of germs.

The important takeaways are this:  surfaces that look clean can still contain enough germs to cause an illness to spread.  And, even though it may look like someone is cleaning and disinfecting your facility, they may unknowingly be spreading germs around because they aren’t using the right cleaning methods and or equipment.

So, how can you know if your cleaning company is removing sufficient amounts of germs from the surfaces they clean?  First, inspect the janitor’s closet for outdated commercial cleaning equipment and supplies.

 

 

What’s in your janitor’s closet?

A janitorial closet that is well organized and kept clean provides a clue that your janitorial company is doing its job properly.  But, the type of equipment and supplies you find inside your closet can uncover the real reason you’re not reducing employee absenteeism.

Is your janitor closet unorganized?  Are bottles not labeled? Are rags thrown all over the place?  Do you see dirty string mops and contaminated buckets?  Is there a “dirty” laundry bag to keep new and used towels separated?  Does you company have disposable microfiber towels in the event your workplace has reported sick employees?

 

Look in your janitor’s closet for three signs of inadequate disinfection and or cross contamination(i.e. the spread of germs):

1. String mops and buckets – There are very few uses for string mops in outpatient healthcare facilities.  String mops can spread massive amounts of germs around (see study below) when used for routine floor cleaning.   String mops can be replaced with inexpensive, EPA recommended, bucket-less flat mops that virtually eliminate cross contamination (see the UC Davis study on flat mops vs. string mops here).

2. Soiled rags, wet string mops, buckets with standing water should not be found lying around or hanging in your janitor’s closet (they are breeding grounds for germs). Soiled cleaning cloths and mop heads should be stored in closed containers and laundered properly after each use. Cleaning cloths and mop heads should not be hand washed on-site and re-used.

3. Find out the name of the disinfectant your cleaning company is using (please look in your janitor’s closet). Every chemical in the closet should be labeled (OSHA regulations) and should have a corresponding safety data sheet (SDS). The cleaning company should be using a disinfectant that has been approved by the EPA for use against the coronavirus. The list can be found here:

https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2

 

Cleaning Best Practices:

Best practices are defined as commercial procedures that are accepted as being correct or most effective.  Best cleaning practices have been developed in the janitorial industry through research by leading authorities in the field.  These practices include the use of certain types of equipment, supplies and cleaning methods and when followed, produce high quality results.

Cleaning Standards:

So, how can you know if your janitorial company’s equipment can reduce employee absenteeism and protect the health of your staff?  It’s really not hard to find out.  Just follow the checklist we’ve created for you below.  This list is not arbitrary.  Its based on accepted cleaning standards that have been developed after years of research by highly respected organizations such as:

the EPACDC, and USGBC (United States Green Building Council).

The cleaning standards developed by these organizations are widely accepted as janitorial cleaning best practices.  But, unfortunately, they aren’t always practiced.  Commercial cleaning companies often use outdated, ineffective equipment that just can’t get the job done properly.

 

Janitorial Closet Checklist:

The equipment checklist below is your best defense against hiring the wrong cleaning company and keeping your workplace safe and healthy.  Ask these questions before you sign your next janitorial cleaning contract:

1) Do you use string mops?

If they answer yes, this is a big red flag.  Many companies still use outdated string mops that spread dirt and germs around.  Microfiber flat mops are a better choice and an accepted standard.

Read more about the best mops to use in healthcare and most commercial facilities:

https://www.acecleaningsystems.com/single-post/The-Best-And-Worst-Mops-For-Commercial-Cleaning

 

2) Do you dilute chemicals by hand?

Many companies still dilute cleaning solutions by hand.  Manual methods of dilution are unreliable and can be dangerous.  Automated dilution systems are the cleaning standard today.

 

3) Are all bottles labeled according to OSHA standards?

OSHA requires labeling on all cleaning products to prevent improper use.  This is for the safety of your building’s occupants.  Is the company OSHA compliant?

 

4) Do you use green clean certified products?

Green cleaning products are safe and non-toxic.  They are not required, but are becoming an accepted standard in many facilities.

 

5) Do you use microfiber towels?

Microfiber towels are the accepted standard for surface cleaning and disinfection.  Paper towels and cotton rags cannot remove dirt or soil as effectively and are out of favor.  Many companies use paper towels to avoid using microfiber towels that require ongoing laundering services.  To minimize the spread of infections janitorial companies should  endorse disposable microfiber towels.

 

6) Do you use a color-coded system for towels?

Color-coded towel systems prevent the spread of germs from one area of your facility to another. You don’t want a janitorial worker using the same towel to clean your bathroom and desk.  Color-coding prevents this from happening.

 

7) Do you use HEPA certified vacuums?

HEPA certified vacuums capture very fine dust particles. They improve indoor air quality and remove more soil than other vacuums. This is an accepted cleaning standard, especially in hospitals, medical offices, schools and child care centers.  Many cleaning companies use in-expensive, less effective vacuums.   Poor air quality has been associated with headaches, fatigue, trouble concentrating, irritation of the lungs and other health issues, according to the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).  Read more about how to increase the indoor air quality in your workplace:

https://www.cleanlink.com/cp/article/High-Vacuuming-Improves-Indoor-Air-Quality–23910

 

8) Will you be using EPA registered, hospital grade disinfectants?

There are many disinfectants available for purchase over the counter.  However, the accepted standard and more effective practice is to use commercially available, EPA registered disinfectants.

9) Do you use a laundry system to clean and disinfect towels and rags?

If a janitorial company doesn’t have a separate laundry bag for used towels, it’s another red flag.  Accepted standards include frequent changing of microfiber towels to prevent the spread of dirt and germs, aka cross contamination.  After towels have become soiled, they should be stored in a “dirty” bag until laundered.  This sounds like a simple process, but you’d be surprised how many cleaning companies don’t have a laundering system in place.

 

10) Do you have a disinfection plan if there is an outbreak in your workplace?

Electrostatic spray disinfection is a highly effective method of applying an EPA-registered disinfectant to surfaces and objects.  The disinfectant is sprayed on electrostatically, causing it to cling and wrap around the surface or object, providing a more thorough and effective disinfection. Read more: https://www.acecleaningsystems.com/single-post/How-To-Reduce-the-Spread-of-Germs-at-Work

 

Commercial Janitorial Cleaning Services

Ace provides high quality commercial cleaning services to businesses in Boca Raton, Fort Lauderdale, Pompano Beach and nearby cities.  Over the last 12 years our company has developed cost effective janitorial cleaning programs for a wide range of businesses in Broward and Palm Beach County.  We are an independent, locally owned company with a hands on management team that is responsive to our customer’s needs. 

Members of SFPMA – View our Membership page

Zach Shor
954-756-2588
President, Ace Cleaning Systems, Inc.

 

 

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Professional Home & Office Decontamination for Coronavirus by Flash BioClean

Professional Home & Office Decontamination for Coronavirus by Flash BioClean

  • Posted: Apr 20, 2020
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Professional Home & Office Decontamination for Coronavirus by Flash BioClean

 

Indoor Environmental Mitigation and Remediation

Flash Restore specializes in Emergency, and non Emergency, Indoor Environmental Mitigation, Remediation and Decontamination of building materials and their systems, contaminated by Fire, Water, Mold, Hazardous Materials, Pests, and Biological Hazards.

Flash BioClean, which is a dba of Flash Restore, is providing services to treat coronavirus in Homes, Offices, Condos, Assisted Living, Rentals, and all kinds of indoor environments. I have attached a really great brochure that explains it all. Flash BioClean is not your ordinary cleaning company as we are trained, certified, licensed, and insured to work with biohazards and have been for years.

 

FLASH BIOCLEAN COVID-19 BROCHURE

 

Donald Brodsky
C: 561-722-7572
Donald@FlashRestore.com

Flash Restore
6000 Park of Commerce Blvd
Suite C
Boca Raton, FL, 33487
O: 844.FLASH24
O: 844.352.7424
O: 561-475-3000
www.FlashRestore.com

 

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Is Your Condo or HOA Prepared? How Community Associations Can Recover in the New Economy

Is Your Condo or HOA Prepared? How Community Associations Can Recover in the New Economy

  • Posted: Apr 17, 2020
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Is Your Condo or HOA Prepared? How Community Associations Can Recover in the New Economy

by Axela Technologies, Inc
305-392-0389 • www.axela-tech.com
1401 Brickell Ave., Suite 320
Miami, FL 33131

 

With everyone sheltering in place, the Coronavirus pandemic has already pushed the country into a recession. Economists don’t know how long it will take to recover, but we know it will take a lot of hard work to get back to ‘business as usual’.

Community associations are already beginning to feel the effects of the recession with homeowners in financial crisis opting not to pay association fees, and this trend looks like it will get worse before it gets better. And with foreclosures on temporary deferment during the shutdown, the typical methods communities use to collect are unavailable.
But there is hope for communities to navigate this new recession economy. Community associations are one of the few industries that can successfully weather economic depression. You just need to know what tools to leverage to keep the budget healthy.

The new white paper, After the Pandemic, explores the options that are available to community associations and reveals what actions you can take to not just protect your community, but to thrive in the new recession economy we are facing.

 

Download the White paper, “After the Pandemic: How Community Associations Can Recover in the New Economy” today!

 

 

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Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols  by DONNA DIMAGGIO BERGER

Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols by DONNA DIMAGGIO BERGER

  • Posted: Apr 17, 2020
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Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols

by DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

I hope this CALL Alert finds each of you in continued good health.

The extent to which this pandemic has and will impact our private residential communities will not be known for some time. In the interim, we are urging our CALL members to take all recommended precautions to minimize the potential for community spread in their associations.

It is not surprising that some of your residents are pushing back against the COVID-19 protocols you’ve put in place for their protection.  As the weeks go on, you can expect even more violations as residents grow even more restless. However, it is important to remember that any individual who continues to use closed common areas, refuses to adhere to social distancing or enhanced sanitization guidelines or who has been ordered to self quarantine but refuses to do so is not committing a trivial violation. That resident is potentially putting his or her neighbors at serious risk of contracting COVID-19.  As such, boards must react swiftly to such violations.

If you have individuals who have arrived in your community from a hotspot where there has been substantial community spread who do not adhere to the 14-day quarantine order, the penalties can be quite severe. Any person who violates any isolation or quarantine directed by the Department of Health commits a misdemeanor of the 2nd degree punishable by imprisonment not to exceed 60-days and a fine of up to $500.  It is the duty of every state and county attorney, sheriff, police officer and other city and county officials to enforce the DOH’s quarantine order.  That being said, some local officials are stringently enforcing these orders while others are not.  In addition, you may have individuals who are not subject to a quarantine order but have nevertheless jumped the pool fence to continue accessing your closed pool or decided to keep using the fitness room. All of these violations require swift action on your part.

Please click here to read my latest column in the Miami Herald on enforcing your COVID-19 protocols. If you are experiencing violations of your COVID-19 protocols please contact me immediately to discuss your options.

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Many of you have been following the COVID-19 legislation Congress is passing and wondering whether the relief being offered will apply to your association.The Coronavirus Aid, Relief & Economic Security Act (CARES) is a $2 trillion relief package which allocates $350 billion to help small businesses keep their workers employed throughout this pandemic.  The Small Business Administration (SBA) will provide loans of up to $10 million which may be forgiven provided workers stay employed through the end of June known as the Paycheck Protection Program (PPP). The purpose for these loans is to allow small businesses to fund payroll and to make their mortgage, lease and utility payments. Unfortunately, community associations do not appear to currently be eligible for these payments as they do not fit within any of the eligible categories:

  • Small Businesses with fewer than 500 employees
  • 501(c)(3) organizations (charitable, religious or educational institutions)
  • 501(c)(19) organizations (veterans)
  • Tribal businesses
  • Individuals who operate a sole proprietor
  • Individuals who are independent contractors

There is confusion in some quarters about the difference between a not-for-profit corporation and a nonprofit. Community associations fit within the former category as they are not-for-profit corporations.However, community associations could qualify for Economic Injury Disaster Loans (EIDL) which are low interest loans of up to $2 million with principal and interest deferment at the Administrator’s discretion and are available to pay expenses that could have been met had the disaster not occurred and include payroll and other operating expenses. Obtaining this loan may require membership approval so speak to your Becker attorney when applying for same.

In addition to helping businesses stay afloat, CARES will provide most individuals earning less than $75,000 (based on either one’s 2018 or 2019 tax return) a one-time cash payment of $1,200 with married couples each receiving a payment. Families would also receive $500 per child. People who receive Social Security benefits but do not file tax returns are still eligible for these payments. Individuals who are out of work will receive an additional $600 per week from the federal government on top of the base amount that the State of Florida provides.  CARES also creates a new, temporary Pandemic Unemployment Assistance program through the end of this year to help people who lose work as a direct result of COVID-19 and provides an additional 13 weeks of unemployment insurance. This monetary relief should help ease the financial uncertainties that many of your residents are facing.

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The Families First Coronavirus Response Act (“FFCRA”) was signed into law on March 18, 2020 and became effective on April 2, 2020. Among other items, this legislation provides paid sick leave and expanded paid leave under the Family and Medical Leave Act (FMLA).  This legislation:Covers all private employers with fewer than 500 employees. Including community association employers that have fewer than 500 employees.

  • Covers both full and part-time employees. Full time employees receive sick leave of up to 80 hours. Provides part-time employees with paid sick leave equal to the number of hours the employee works on average over a 2-week period.
  • Provides that employees may immediately take paid sick leave regardless of the length of employment.
  • Provides that employees may take expanded leave under the FMLA provided the employee must have worked for an employer for at least 30 calendar days.
  • Protects employees who are taking paid sick leave because they have been diagnosed with COVID-19, experiencing symptoms and seeking a diagnosis, experiencing symptoms substantially similar to those exhibited by COVID-19 or who are quarantined by providing them with a maximum of $511 per day or $5,110 in total.
  • Protects employees taking paid sick leave to care for a family member who is sick or quarantined or to care for a child whose school or place of care is closed by providing them with a maximum of $200 per day or $2,000 in total.
  • The FFCRA requires a community association to provide employees leave to care for a child who is not sick. FFCRA requires up to 12 weeks of paid leave to care for a child under 18 years of age if the child’s school or place of care has been closed. It does not matter whether the child is sick. The first 10 days of leave are unpaid, but the employee can use any accrued paid leave during that time. The remainder of the leave is paid at 2/3 of the employee’s regular rate of pay, not to exceed $200 per day or $10,000 in total.
  • Presently there is no relief for community associations with fewer than 50 employees. However the Secretary of Labor under FFCRA has the authority to exempt small businesses with fewer than 50 employees when compliance with FFCRA would jeopardize the viability of the business.
  • Employers who pay leave under FFCRA will be reimbursed through a payroll tax credit.
  • It is unlawful for an employer to retaliate against an employee who takes paid sick leave in accordance with FFCRA or who files a complaint under FFCRA. The penalties are similar to those provided for under the Fair Labor Standards Act which generally provides for lost wages, liquidated damages and attorneys’ fees and costs to a prevailing employee.

So many important aspects of our daily lives have changed since Governor DeSantis first declared a State of Emergency on March 9, 2020 and a national State of Emergency was declared on March 13, 2020.  The coming weeks will continue to present their challenges but we are here to help your board and management professionals.For our most up to date information please visit us at www.beckercovid19.com.

 

Donna DiMaggio Berger

DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

Donna DiMaggio Berger is a member of the College of Community Association Lawyers (CCAL), a prestigious national organization that acknowledges community association attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. Ms. Berger is also one of only 129 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

 

 

 

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