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Protect Your Aquatic Assets From the Storm

Protect Your Aquatic Assets From the Storm

  • Posted: Apr 02, 2023
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Protect Your Aquatic Assets From the Storm

Tropical Depression Fred is expected to hit Florida this weekend. Learn what you can do to protect your lake & pond from damage.

Tropical Depression Fred has changed paths and is projected to hit Florida and reach its tropical storm status by Friday, August 13, 2021, as it moves over the warm water in the Gulf. With this path, the storm may also have an impact on Alabama and Georgia. Experts say Florida can expect substantial rains over the weekend.

The heavy rain and winds that will accompany this storm can have a significant impact on your property, including recreational lakes, stormwater ponds, and trophy fisheries. In addition to ensuring your family and home are safe and protected, there are steps you can take to make sure your waterbodies are prepared. Learn what you can do to protect your aquatic assets as Fred approaches Florida, Alabama, and Georgia.

If your property is affected by the storm, don’t hesitate to reach out to your local lake and pond management professional for support.

 

Protecting Your Aquatic Assets During Hurricane Season

Hurricanes and strong storms don’t just affect your day-to-day lives; they can have a significant impact on your lake or pond as well. If you live in an area susceptible to tropical storms, you know the drill. You stock up on food and water, make sure any tree branches that may fall are trimmed, board up windows or put up hurricane shutters if necessary, and secure light yard decorations and furniture. While your home and fridge may be prepared for the storm, is your lake or pond? How about your floating fountain, aeration system, fish feeder, or other related items?

pond maintenance stormwater pond management regulatory compliance

Check Stormwater Inflow and Outflow Pipes

For stormwater ponds, inflow and outflow pipes should be inspected and any debris that has accumulated in and around the pipes should be cleared to allow proper water flow. This is a crucial step in ensuring you do not end up with a flooded yard or parking lot. Any objects near the water should be tied down or taken inside, as they can blow around and end up in the water causing a blockage in a pipe or making removal difficult.

Turn Off Floating Fountains

If your lake or pond has a floating fountain, simply turn it off before heavy wind and rains start. All the electrical and mechanical components will weather the storm, but as water levels rise, anchors may move or anchor lines may break, and the float can move around. Storms can also wash debris into the water which can clog the impeller. If you notice a decrease in pattern size or hear a funny sound when you turn your fountain back on, leave it off until the necessary repairs can be performed.

Prevent Fish Feeder Damage

If you utilize a fish feeder around your pond, the primary threat is flooding. When heavy rain is expected, make sure to empty the feeder and drag it to higher ground. While wind is less of a concern during typical storms, hurricane-force winds can topple a feeder. If you are able to, it is beneficial to move it to a safer structure to weather the storm.

The better you can prepare for the impending storm, the less likely you are to experience severe damage to your property. Once the storm has passed and conditions are deemed safe, it’s important to check your water resource and identify any areas of concern. Your lake management professional can assist with any storm-related issues that arise within your waterbody.

In the face of a hurricane, proactive efforts will help keep your mind on the things that matter most – the well-being of your family and loved ones. Stay safe!

 

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Raleigh’s First Citizens Bank will buy Silicon Valley Bank

Raleigh’s First Citizens Bank will buy Silicon Valley Bank

  • Posted: Mar 29, 2023
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Raleigh’s First Citizens Bank is buying most of Silicon Valley Bank, the tech-focused financial institution which collapsed earlier this month. First Citizens will acquire all deposits and loans of the former Silicon Valley Bank in exchange for company stock worth up to $500 million, the Federal Deposit Insurance Corporation (FDIC) announced Sunday.

The FDIC had controlled Silicon Valley Bank since it failed following a bank run on March 10. In the agreement, all Silicon Valley depositors will automatically transfer to First Citizens, and on Monday, the 17 former Silicon Valley branches will open as First Citizens Bank locations.

“First Citizens has a proud history of growing organically and through strategic acquisitions that build our core capabilities in a careful and deliberate manner,” First Citizens CEO Frank Holding Jr. said in a statement Monday. “This transaction leverages our solid foundation to add significant scale, geographic diversity, compelling digital capabilities and most importantly, meaningful solutions for customers throughout their lifecycle.” Holding added the deal will “accelerate” the company’s expansion goals in California and the Northeast. First Citizens and the FDIC entered a loss-share agreement which ensures both parties will share in the potential recovery and losses on loans, the government and bank announced.

“We welcome the news, which comes at no cost to taxpayers,” White House Press Secretary Karine Jean-Pierre said. “The banking system is safe,” Jean-Pierre added. “Americans can be confident, and we have seen deposits stabilize at regional banks throughout the country, and in some cases outflows have modestly reversed. What we have done these past 14 days has worked.” The FDIC had given bidders until Friday night to make offers for Silicon Valley Bank.

WHAT IS FIRST CITIZENS BANK?

According to a Federal Reserve database, First Citizens was the 30th largest bank in the country by consolidated assets at the end of last year. It operates 582 branches and offices nationwide, 60% of which were in North Carolina or South Carolina.

It is the Carolinas’ fourth largest bank, behind Bank of America, Truist, and Wells Fargo, and employs more than 2,000 in the Triangle area, according to Wake County Economic Development.

First Citizens was founded in Johnston County in 1898, and for most of the past century, it’s been helmed by three generations of the Holding family.

The company’s headquarters are in the North Hills neighborhood of Raleigh. Silicon Valley isn’t the first major purchase First Citizens has made in recent years.

In January 2022, its parent company First Citizens BancShares purchased New York-based CIT Group for approximately $2.2 billion. According to First Citizens spokesperson Angela English, First Citizens has bought more than 20 FDIC-backed banks since 2009.

In its purchase of Silicon Valley, First Citizens will take on $110 billion in assets, $56 billion in deposits, and $72 billion in loans, the company said Monday. During an investor call Monday, Holding recognized his bank “is not well known for expertise in the digital innovation economy.” In the industry, First Citizens has been viewed as a more traditional bank, far from the profile of Silicon Valley Bank, which geared its services toward early-stage technology startups. But Holding pointed out “our home market in Raleigh” is a leader in innovation.

“We are committed to continuing to help innovators, enterprises, and investors move bold ideas forward,” he said. “This acquisition positions First Citizens to support that growth both for Silicon Valley’s markets and right here in our own backyard in the Research Triangle Park by combining First Citizens’ traditional relationship banking, creativity and ability with the strengths, relationships, and expertise of legacy SVB.”


Exciting news in the banking industry as First Citizens Bank announced its acquisition of Silicon Valley Bank. This comes on the heels of First Citizens BancShares’ purchase of CIT Group in January 2022 for roughly $2.2 billion. The acquisition of CIT included Community Association Bank (CAB), a major player in the community association banking space, which has since been re-branded as part of First Citizens Bank. This move further solidifies First Citizens Bank’s position as a leading financial institution.

 

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Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

  • Posted: Mar 29, 2023
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Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

As the 2023 Florida legislative session gets underway, there are several bills impacting associations and real estate

Senate Bill 154 and House Bill 1395

Perhaps the most important of these are Senate Bill 154 and House Bill 1395, which deal with issues such as inspections and condominium association financial reserves that were addressed in the condo safety reform law that was passed last May with the adoption of Senate Bill 4D during a special legislative session. Under the new law, inspections are required for buildings that have been occupied for 30 years — or 25 years if they are within three miles of a coastline. After these initial inspections, the buildings will have to go through the process again every 10 years.

Flalegislature-300x169If adopted, the new bills could result in changes to the time by which buildings, including those within three miles of a coastline, will have to be inspected. The two bills include different timeframes by which the initial milestone inspection may have to be performed (e.g., SB 154 triggering all such inspections at 30 years with discretion for local officials and authorities having jurisdiction to compel some at 25 years depending on “local circumstances, including environmental conditions such proximity to salt water”; or HB 1395 requiring the initial inspections at 25 years for all buildings regardless of proximity to salt water).

 

SB 154 also includes provisions that would allow local officials to extend inspection deadlines if building owners have entered into contracts with architects or engineers but the inspections cannot be finished in time.

HB 1395 further proposes to increase the types of professionals that may perform phase 1 of the milestone inspections from architects and engineers to also include general contractors licensed under Chapter 489, Florida Statutes, with at least five years of experience in building/constructing threshold buildings, or as a building code administrator or licensed building code inspector.

The bills also include changes to portions of the statutes governing the financial reserves studies and requirements that were implemented under last year’s law. Some of the changes provided in SB 154 include clarification as to which building components must be included as part of the required reserve funding. It would also allow reserve studies to “recommend that reserves do not need to be maintained for any item for which an estimate of useful life and an estimate of replacement cost or deferred maintenance expense cannot be determined.” The bill’s sponsor says that provision could apply to building foundations.

HB 1395 includes different proposed changes pertaining to the structural integrity reserve items, such as providing for modified deadlines to the December 31, 2024, deadline established under last year’s reforms.

These are just a sampling of the various changes being considered by the legislature this session. As is usually the case with the legislative process, the provisions of SB 154 and HB 1395 will likely undergo various changes and may become mirror images of each other via lawmakers’ negotiations resulting in a final version that may be voted into law. Condominium association stakeholders should keep an eye on these bills given that their adoption by the legislature could surely result in significant changes to the monumental laws adopted last year affecting condominium associations in Florida.

House Bill 85

The legislature is also considering changes to the state’s statute of repose for construction defect lawsuits, which is used to determine how long a party has to file a claim for latent construction defects after a structure or improvement has been completed.

Currently, the state’s 10-year period of repose starts to run from the latest of these four events: 1) the date of actual possession by the owner, 2) the date of the issuance of a certificate of occupancy, 3) the date of abandonment of construction if not completed, or 4) the date of completion of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer. After the 10-year period expires, a claim for latent defects can no longer be brought.

If adopted, House Bill 85 would revise the triggering events for the period of repose for suits brought for latent construction defects to the earliest of: 1) the issuance of a temporary certificate of occupancy, 2) the date of the issuance of a certificate of occupancy, 3) or the date of issuance of a certificate of completion, or 4) the date of abandonment if construction is not completed.

The repose period would start to run seven years from the earliest of the foregoing four events. These changes, if adopted, could have significant changes to the time frame within which an association may assert a claim against parties responsible for construction defects.

As the legislative session unfolds and reaches its conclusion on May 5th, our firm’s attorneys will continue to monitor these and other bills impacting the state’s community associations and real estate industry.

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A FEW BIG CHANGES IN THE LAW  By Eric Glazer, Esq.

A FEW BIG CHANGES IN THE LAW By Eric Glazer, Esq.

A FEW BIG CHANGES IN THE LAW

By Eric Glazer, Esq.

Believe it or not, it’s getting harder to sue someone or to sue a business in the State of Florida.

First, it’s more risky now to sue your insurance company.  The typical case that comes to mind is the one where a condominium association sues its own insurance company for failing to pay for roof damage because the insurance company does not believe the storm caused all that damage.  Until now, there was no risk for the condominium association.  The attorney took the case on a contingency and, if the association won the case the association would be entitled to an award of attorney’s fees against the insurance company.  And, even if the association lost, the association did not have to pay attorney’s fees to the lawyers for the insurance company.  In other words, the risk of paying attorney’s fees only ran one way.  No longer.  Now the association has no right to collect attorney’s fees against their insurer even if the case is settled or won.  The association bears the risk of not having their fees paid by their carrier which should ultimately result in a smaller recovery.

Perhaps the biggest change to the law since I’m in practice went into effect last week.  The statute of limitations regarding negligence actions went from four (4) years to two (2) years.  That is a bombshell.

The law is primarily intended to go after personal injury lawyers and prevent personal injury cases from winding up in the courtroom.  From a condominium and HOA perspective the change in the law will also have major effects.  For example, all claims for damages to condominium or HOA property caused by someone else now have to be filed in two years and not four.  This could be damage caused by contractors the association hire, or unit owners who live or rent on the property.

There are some other bills of interest that may pass during the legislative session and if they do, I’ll let you know.

 

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The Seven Most Important Fitness Trends for the Year. by Commercial Fitness Equipment

The Seven Most Important Fitness Trends for the Year. by Commercial Fitness Equipment

  • Posted: Mar 28, 2023
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The Seven Most Important Fitness Trends for the Year

by Commercial Fitness Equipment

Commercial Fitness Products

954-747-5128

Commercial Fitness Products, a Florida based organization, has been serving the fitness needs of our customers nationwide for over 27 years. Our primary focus is Multi-Housing & Hospitality, as such, we stay current on the latest industry trends, and are able to share ideas on how we may equip or improve any community fitness center. We provide more than just equipment…our goal is to delight your residents & guests by providing them an exceptional fitness environment.

CFP’s team of experienced professionals are eager to assist you with prompt & courteous customer service. If you have any plans to add, change or upgrade your fitness amenity, we welcome the opportunity to work hard to earn your business.

The Corona pandemic has shaken up the fitness industry. Instead of the motto “higher, faster, further”, the future will see more health orientation, holistic offers and specialization in particular clientele such as risk groups. We present the seven most important fitness trends for the year 2021.

Fitness studios in Germany are in the middle of their second shutdown in the Corona year 2020, which has complex consequences – on the one hand, many fitness center operators fear for their existence with a cumulative loss for the industry of 460 million euros per lockdown month. On the other hand, many users (forcibly) reorient themselves and discover app and video training at home.

“The uncertainty in the industry is great. Many studios will not survive if the lockdown lasts much longer,” says Ralph Scholz. The head of the German Industry Association for Fitness and Health (DIFG) hopes that the fitness studios will be able to open again in January 2021 – that’s when most new members usually sign up with the Christmas kilos on their ribs.

The pandemic will massively change the fitness economy. This makes it all the more important for all players to set the right course for the future. These are the most important fitness trends identified for the year 2021.

 

1) Gyms Have to Meet High Hygiene Standards

Many people stay in shape during the lockdown period with running, walking, fitness exercises on their own or free digital services. Of these, a proud number of 73 percent intend to maintain this alternative training in the future. Although most fitness enthusiasts want to go back to the gym in the future, they place the condition that training is not associated with the risk of corona infection.

“The survey has shown that many people are concerned about having the highest possible standard of protection. It must therefore be in the studios’ own interest to ensure exactly that,” says Ralph Scholz in the ISPO interview. So the basic condition for studio operators in 2021 is to win back the confidence of fitness fans.

Over one million of the 11.6 million members in Germany in 2019 have quit their membership so far.

 

2) Fitness: Online Apps are Gaining in Importance

In the era of closed fitness studios, most sports and fitness fans have turned to online offers. Apps such as Freeletics, which use artificial intelligence (AI) to compile individual training offers for users, are particularly popular. “The main benefits for users are access to training planning, monitoring and even motivation at a fraction of the current cost, which means that many more people can be reached than ever before,” says Simon Alger, Lead Data Scientist at Freeletics, in an interview with ISPO.

Another example of the new digital trend: With the so-called peloton bike – a spinning bike with which you can connect with spinning fans around the world via the Internet – you can do your cardio training, for example, in virtual competition with many like-minded people around the globe.

 

3) Outdoor is King

The topic of outdoor fitness is gaining in importance precisely because of Corona: intensive training in particular is much less dangerous outside than indoors because of the draught. Fitness studios should therefore move more and more equipment and activities outside. This creates more safety for the users.

 

4) More Health Orientation in Fitness Offers

The experience of a pandemic, which is unique for everyone, has brought the topic of health into focus for many people much more than before. In principle, this is good for the fitness industry. Fitness strengthens the immune system. In fact it also needs the right and safe offers to do so.

 

5) Differentiated and Target Group Oriented Training

Whether it’s in media use, buying behavior or travel: individualization is advancing in all areas of life. This also applies, of course, to the fitness wishes of the clientele. Whether Beer Yoga, fastest possible self-optimization through high intensity training or the new workout trend Glide Fit: differentiated and target group-oriented training is mandatory.

All-round fitness studios will continue to exist. Nevertheless boutique and micro studios with tailor-made offers are attracting more and more customers. In these difficult times, specialisation can also be financially attractive for fitness studios. Scholz: “The interesting thing is that the more special you are, the more money you can demand from customers.”

For corona risk groups and senior citizens, health and fitness are just as important as for the rest of the population. This makes seniors a core target group that must be wooed with special offers and training opportunities. This can range from individual training sessions or workouts in small training groups to special premises and digital offers for risk-free training at home.

 

6) Mindset: Connection of Body and Mind in Training

The trend towards topics such as yoga, mental training or Pilates already existed before Corona. But it has been intensified by the pandemic. More and more people want to combine physical training with mental relaxation.

This desire is triggered not only by job-related stress, also by the strenuous homeschooling with children or financial and health fears in connection with the pandemic. “We must therefore also strengthen the sport psychological level in our offers”, demands Ralph Scholz.

 

7) Sport and Fitness Merge

Rather go to the gym to train on workout devices or jog outside? For many fitness freaks this used to be a real question of faith. The Corona period, including the closure of the studios, has accelerated the resolution of this either/or situation. Many equipment fans move to alternative indoor and outdoor offers, apps included.

“In the perception of the end consumer, this belongs together, if only because of the many new apps and wearables. That is why it is also important to develop holistic offers. In a sense, the gym is the pilot in this process,” says Scholz.

 

reproduced by: https://www.ispo.com/en/trends/seven-most-important-fitness-trends-year-2021 sent to us by Commercial Fitness Equipment.

 

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Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.

Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.

  • Posted: Mar 24, 2023
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Networking and Education is key for Managers, Board Members in Condo and HOA’s 

Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.


APRIL 4TH, 2023 AT 8:30 A.M. AT THE
SIGNATURE GRAND – BROWARD COUNTY.


Palm Beach Condo & HOA Expo
APRIL 11TH, 2023 AT 8:30 A.M.
AT THE PALM BEACH CONVENTION CENTER.


Orlando Condo & HOA Expo
APRIL 26TH, 2023 AT 8:30 A.M.
AT THE ORLANDO CONVENTION CENTER


Tampa Bay Condo & HOA Expo
APRIL 27TH, 2023 AT 8:30 A.M.
AT THE TAMPA BAY CONVENTION CENTER.

EVENTS: BOARD MEMBERS & MANAGERS FIND COURSES ALL OVER FLORIDA.


What’s in your walls? Floors? Ceilings?  Do you know? by James Terry of GreenTeam | Building Services

What’s in your walls? Floors? Ceilings? Do you know? by James Terry of GreenTeam | Building Services

  • Posted: Mar 24, 2023
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What’s in your walls? Floors? Ceilings?

Do you know? Or do you think you know?

I call this lack of systems knowledge. Here’s why it’s important.

Every piece of your building is made up of systems. Each system has pathways and pipes that make that system whole. I love when people generalize the term “plumbing”, when there are really multiple facets of systems that make up the plumbing.

There are domestic water systems, storm water systems, sanitary systems, etc.

Now, with that said, are you waiting until you have a major problem with your system to
Look at it? Like a don’t ask, don’t tell type of scenario?

Problem is, these systems almost always find themselves in peculiar locations, level 5 finished walls, columns with marble on them, walls with expensive finishes etc. Like when the kitchen of the tower club is located above the law offices really fancy conference room. (More on that story later).

The design of these systems is like the veins in your body, they hide discretely under the surface of your skin, and as long as everything is running smooth, no reason to investigate or research right?

Wrong.

Each one of these systems has a life expectancy for failure, and the longer the life, the higher the risk. When you wait till the system is failed, it usually always ends up
Costing more in the end.

For this condo in Fort Lauderdale, they unfortunately deferred maintenance, waited until it was too late, and the entire system needed to be replaced, as an emergency.

Had a thorough camera work up and report been done 5 years ago, they could of budgeted for this, and been more prepared.

As the story goes, just because you can’t see it, doesn’t mean it isn’t there. Underground utilities are a part of your buildings critical infrastructure, you must prioritize it, or it will bite you in the ____.


GreenTeam Service Corporation specializes in commercial plumbing service and retrofit. Our markets served include Healthcare, Hospitality, Class A Office, Industrial, education, and institutional.. Our relentless communication, and dedication to customer service, is what keeps us ahead of the competition. Our focus is solely on service, and providing our clients with the professionalism they deserve.
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Hurricane Season is almost here! – Have you had your storm drains inspected yet?

Hurricane Season is almost here! – Have you had your storm drains inspected yet?

  • Posted: Mar 22, 2023
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Hurricane Season is almost here!
Hurricane season runs from:
June 1, 2022 through November 30, 2022
Have you had your storm drains inspected yet?
During a hurricane or tropical storm, it’s common for an area to experience several inches of rainfall and catastrophic wind over a very short timeframe. All of that excess debris and sediment from a hurricane can cause blockages in our stormwater systems, hindering them from operating properly.
Hurricanes are uncontrollable, but what we can control is taking the proper precautions and steps to make sure our stormwater systems are ready for the upcoming season!
Contact us today at 954-382-9766 or info@allstatemanagement.com to talk to one of our Stormwater Specialists!

 

Tips to Help You Choose the Best Plumber

Tips to Help You Choose the Best Plumber

  • Posted: Mar 21, 2023
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Choosing a contractor can be difficult with all the options available.

Here’s how to pick the best plumber for your needs


1. Know What You Need

You will meet two categories of plumbers during your search for a plumber. The first category is that of plumbers who can do installations, while the second category includes plumbers who do repairs. Your choice of a plumber will depend on your plumbing job. Plumbers in these categories are also classified into three groups: master plumber, journeyman, and apprentice.

Apprentice plumbers are still in training and will often work alongside a qualified or more experienced plumber. Once the apprentice plumber completes the training and gets a license, they become journeyman plumbers.

Journeyman plumbers can do plumbing repairs or installations but typically work for other plumbers. After the journeyman plumber has been in operation for many years, they will become a master plumber.

2. Check Insurance, License, and Qualifications.

Insurance and proper license offer protection during the plumbing project. Consequently, only hire a plumber who can show a valid license and an applicable insurance cover. Examine the provided insurance certificate and contact the insurance provider to verify the insurance policy. As for the licensing certificate, check your state’s website to confirm the license’s validity.

Similarly, a qualified plumber will be a member of trade associations and plumbing groups. Members of trade associations must meet specific standards of competence and safety. Thus, a qualified plumber will display the logos or links of the associations they are a member of.

3. Look at Their References

A plumber or plumbing company that has operated for several years will have a long list of references. Avoid a plumber who is not transparent with information about references. Instead, consider a plumber who readily provides testimonials and reviews from their previous clients.

For the plumbers who provide references, contact the people on the list to know about the plumber’s workmanship and service.

4. Choose a Local Plumber

Always prioritize a contractor who works and lives in your local area. If you hire a contractor living in another city or state, you won’t benefit from quick services in case of an emergency. On the other hand, a nearby plumber can quickly respond whenever you need instant help.

5. Assess the Cost

The plumber’s charges will vary from one location to another. The cost will also depend on the type and duration of the plumbing job. The lack of standardized prices means some plumbers will charge more than others for the same job. For example, more experienced and skilled plumbers often have higher rates but may do a better job.

6. Examine Their Professionalism Level

A plumber should display professionalism when dealing with clients. Professional conduct includes appropriate dress and courteous communication. Also, the plumber should be organized and display integrity at every turn. You will want to hire a plumber who responds quickly to your queries and treats you with respect.

7. Keep Track of Their Timelines

You will prefer to work with a plumber who will complete your job on time. Therefore, ask the plumber to provide details about their previously completed jobs. Pay special attention to the amount of time the plumber takes to complete their work. Plumbers who have completed jobs within the predetermined schedules will be perfect for you.

Hire a Plumber

A plumber can install or repair many fixtures and appliances in your home. Hire Pipe Restoration Solutions if you want high-quality services in the shortest time possible. We are a trusted and reliable company with an elite and experienced team. Contact us to get a quote.

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Peter Mollengarden now presenting TOMORROW at our networking group’s free breakfast and education event in Palm Beach Gardens!

Peter Mollengarden now presenting TOMORROW at our networking group’s free breakfast and education event in Palm Beach Gardens!

  • Posted: Mar 21, 2023
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Peter Mollengarden now presenting TOMORROW at our networking group’s free breakfast and education event in Palm Beach Gardens!

 

The Kaye Bender Rembaum Team Remains Available To You and Your Community Association

Visit KBRLegal.com for awesome free resources, including news with Legal Morsels and Rembaum’s Association Roundup, and our Event Calendar, including upcoming free classes.

NAVIGATING THE TWISTS & TURNS FOR NEW BOARD MEMBERS

NAVIGATING THE TWISTS & TURNS FOR NEW BOARD MEMBERS

  • Posted: Mar 08, 2023
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   New to the Board or Thinking about Elections and running for a Board Position?

You’re now on the Board. Congratulations! And Thank You! You have now become a board member of your association. Serving on the board as a volunteer is important work and we want to be the first to let you know we appreciate your willingness.

Probably the most important thing to realize is that by becoming a board member you now have the awesome responsibility to think about the welfare of the entire association, distinct from the needs and desires of any single owner including yourself. This is not easy, but it is extremely important.

Being on the Board of Directors is important for a variety of reasons. Most importantly you will be able to make a positive and direct impact on the future direction of your community and hopefully a positive impact on the value of your investment and your home. As an increasing number of buyers are evaluating the features of living in a condominium there is more awareness of how value is created and maintained in a homeowner’s association. It is more than square footage and number of bedrooms in the living space. The value of your home is directly affected also by the quality of common area maintenance of the amenities, the enforcement of the rules and regulations, the adequacy of reserve funds, and the community spirit.

Every owner should serve on the Board of Directors at some time during their ownership. As they do they will gain a better understanding and appreciation for the role of the Board. We appreciate your willingness to serve on this board. We look forward to a very productive future together.

Since your prior Association Board made a decision to go with professional property management company they are there to help. You are partners together in managing the affairs of your association. They are able to provide guidance and direction on issues facing the association. The issues you face, for the most part, are not new to them.

SFPMA is here to support you as you volunteer for the association and offer you information making your job easier. Read Articles on our website learn and ask questions.

 

   The “Governing Documents” – What are they, are they important?

The “governing documents” are critically important. As a new Board member, you actually should find a copy and review them, if you haven’t already before now. You were likely given a copy when you purchased. The governing documents consist primarily of two types: the bylaws, and the Covenants, Conditions and Restrictions, also known as “C.C. & R’s. Additionally, the following may be considered part of the governing documents may also include the Articles of Incorporation, and the Condominium Plan. But primarily you will mostly need to be familiar with the By-laws and the C.C. & R’s. These documents are not good bedtime reading unless you are wanting to fall asleep. While you should look at the entire documents, you should especially focus in the By-laws on the sections pertaining to the Board, and also the requirements pertaining to meetings. In the C.C. & R’s, the important sections will pertain to maintenance responsibility and financial management. However, we urge you to find the time with sufficient coffee to review the entire document.

Also, the other information that you may want to become familiar with is the Florida state law, Read the “Statutes 718 – CONDOMINIUMS” and “Statutes 720 HOMEOWNERS’ ASSOCIATIONS”. A great web-site, OnlineSunshine.com is an excellent resource.

 

   What are the Board Positions? What does each Board member do?

Homeowner association boards that operate in effective and healthy ways for the benefit of their associations operate with every Board member playing a distinct and active role relating to a specific area of responsibility. Each board member should be the point person on their given area of responsibility, so that there is no potential of confusion communicated to third parties, such as the management company or other association vendors.

Generally those positions are: President, Vice-President, Treasurer, Secretary, and Director-at-Large. These are typical board positions for a five member board which is most common.

Some by-laws provide for a three member board, in which case some roles have to combine into one. Read the Governing Documents and the Bi-Laws for your Community.

The President

• Facilitates the process of each Board finding their specific role on the board.
• Allows the other Board members to fulfill their role.
• Sets time/place for meetings and Chairs the board meetings and annual meeting.
• Prepares the Board meeting agenda
• Leads the Board with the same voting power as any other board member.

May represent the association or board to third parties, such as the management company. In those cases, the President should always seek to speak for the majority of the Board, not just his or her own thoughts on an issue.

The President may NOT unilaterally speak for the board, but must always be the “voice” of the board.

Qualities that would be helpful for the President: manager, leader, able to delegate, speaks well, organizer.

 

The Vice-President

Assumes the duties of President as needed when the President is unavailable. Available for special tasks as needed, such as architectural issues, internal dispute resolution, community building efforts, or landscaping.

Maintenance Liaison. A Maintenance Liaison would coordinate with the management company representative on issues that may require board interaction between meetings. This person could speak for the board on maintenance issues between meetings. This may mean that this board member would need to poll board members on a particular decision that could not wait until a meeting can occur.

Qualities that would be helpful for the Vice- President: same as President, willingness to learn and grow into the role of President manager, leader, able to delegate, speaks well, organizer.

 

The Secretary

• Records the minutes of all meetings, prepares them for approval by the Board, and arranges for distribution to the owners and the Association Manager.

• Prepares the Notice of the meeting and Agenda and posts it on the property, so that owners are aware of the meeting and have an opportunity to attend.

• Maintains a record of all previous minutes in a “Minutes” book

Qualities that would be helpful for the Secretary: comfortable on a computer and word programs, able to prepare notices and minutes for distribution. Short hand is not required.

 

The Treasurer

• Primarily responsible for the financial affairs of the association.
• Receives and reviews weekly payables, signs checks and mails to vendors.
• Receive the reconciliation’s and copy of reserve statements as they are processed.
• Responsible to safely invest the reserve funds according to the direction of the board, and transfer to the operating account funds as they are needed for reserve projects.
• Reviews monthly financial reports
• The link between the Board and the management company on financial issues
• Coordinates transfers into and out of the reserve account.
• Need to be aware of and understand the reserve study.

Qualities that would be helpful for the Treasurer: able to read and understand basic financial concepts. It is possible to be overqualified for this role for some people who have been involved professional in high level accounting positions as a CFO or controller. Association finances are fairly basic and involve a great deal of common sense. A person who balances their own checkbook is likely able to learn what is necessary.

The Member-at-Large – available for special projects, subject to the direction of the President. The director-at-large may serve as the maintenance liaison.

Member– At-Large: Same as Vice President, perhaps with background or knowledge of maintenance would be helpful.

NEXT, NOW THAT THE OFFICERS ARE DETERMINED:

  1. Notify your manager of the names and positions of each board member.
  2. Bank Signature card. It will be necessary to sign a new signature card for your operating and reserve accounts. Contact your association manager who will set you up with one of the staff in the office who is trained on this process. At least four Board members should sign the bank card so there is back-up in the event someone is unavailable to sign the weekly checks. In addition, there are a couple of other forms to sign. These have to do with instructions regarding the possible need for filing of liens, as required by the law firm handling liens, and another form regarding owners having the ability to pay their dues by automatic debit

  3. Meetings – determine the best time and place to meet. Normally meetings occur at the home of one of the Board members or in a recreation room if one exists. Notify your manager of the dates of your meeting (i.e. third Wednesday) so that we can be sure to have your management reports to you before your meeting. Most associations meet monthly. However, if your By-laws permit, and you do not have many issues pending, you may be able to meet less often.

 

The President should also designate a board member to communicate directly with your manager just after board meetings. Your association manager may or may not be contracted to attend your Board meetings. If it is in your contract to attend, they should certainly will do so. The issue of whether they attend meetings or not can be altered by mutual agreement if the Board deems it necessary.

If you need a manager at a specific meeting, and if they are not contracted for evening meetings, some contract may allow them to charge per hour and this is paid directly to the manager to help compensate for them working a very long day. We would respectfully ask that you allow the manager to present their report and handle questions as early in the meeting as possible and then in some cases, be excused.

  1. Contact Information and Survey – In order to help serve you better, please take the time to complete a list or outline for the information to be discussed. It will help them get to know you better and how best to serve you. This keeps everyone on topic and point for why the meeting took place.

Find Upcoming Events; Educate yourself and the Board Members


Great Board Member practices – How do the best run Associations operate?

We have worked with great boards for many years, and we have worked with Boards who had great difficulty in leading their associations. Here is what we have observed in working with great boards:

  1. Great boards learn to work as a team. There is a balanced sharing of the work load among all board members.
  • The directors listen to others perspective, respecting those on the Board or the association with different opinions. The best decisions are made after a lively discussion of all the issues and concerns. Decisions made, even though not unanimous, become THE decision of the Board. Minority members accept the decision of the majority.

  • No single board member controls or dominates the Board or association. Board discussion is balanced with all members contributing. Board members with dissenting opinion are encouraged. The President leads, but should not dominate.

  • There are no decisions or actions outside of Board meeting, unless the President is required to take emergency action, in which case it is reported to the other members as soon as possible.

  • Board members do no not directly undertake tasks/jobs, that are more suitably handled by a designated professional….. CPA, attorney, consultant. Outside counsel is sought and followed from Management Company, attorney and other consultants as needed.

  • Decisions are made for the best interests of the entire association.

  • Board members understand that they are “serving” their members, not acting as managers.

  • The job of the board is to establish policies and review the work done by others.

  • The Board utilizes professional and competent vendors and they have reasonable expectations of their vendors.

  • Board members realize that they are Board members at Board meetings, or while conducting board business outside of a meeting, and homeowners the rest of the time. After all, this is your home too.

  • Board meetings are regularly scheduled, with proper notice to owners, to which Board members are prepared in advance with material read, and arrive ready to make decisions.

  • Minutes are taken that reflect the decisions made and distributed to owners in a timely fashion.

  • On the awarding of maintenance jobs cost is not the primary issue, rather a concern for the long term effectiveness. In other words, value, is more important than cost. Also, vendors are paid promptly upon satisfactory completion.

  • In the association there is a great community spirit. Owners voices are given consideration, and there is healthy dialogue when needed on important issues. Communication with owners is viewed as important.

  • Conflicts of interest: in a homeowners association the potential for this can occur frequently. Examples of this include relationships with association vendors, having work done on a portion of the common area that would benefit a board member and avoiding the same kind of work elsewhere, keeping the assessments low, at the expense of necessary repairs or reserve funding, so that a unit can be sold in the near future, are all examples of conflicts of interest. Be aware of them, and avoid even the hint of a conflict of interest.

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