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Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

  • Posted: Jul 16, 2020
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Essential Hurricane Preparedness Guidebook for Florida Community Associations

by KatzmanChandler

Anticipating an active 2020 Atlantic hurricane season, the Florida Community Association Law Firm of Katzman Chandler today released its annual “Hurricane Preparedness and Recovery Guide for Community Associations” to help Florida communities protect their properties and safeguard community residents during what experts say will be a significantly more active storm season.

The Hurricane Preparedness and Recovery Guide for Community Associations entitled, “READY… SET… RECOVER” is immediately available for download online at the Katzman Chandler website (www.KatzmanChandler.com). Community Association Coalition Leaders throughout the State may also request and obtain printed copies of “READY… SET… RECOVER” for distribution to their member Community Associations by contacting info@KatzmanChandler.com or by calling Toll Free 800-987-6518.

The National Oceanic and Atmospheric Administration, (NOAA) on May 22, 2020 announced its prediction of an above-average hurricane season with 13 to 19 named storms and 6 to 10 hurricanes – with 3 to 6 classified as “major” (Category 3, 4 or 5) hurricanes, with winds of 111 mph or greater. In 2005, the most active storm season in recorded history saw a total of 28 named storms, including 15 hurricanes – 7 classified as “major,” including hurricanes Katrina and Wilma, which caused extensive property destruction and devastation to the livelihoods of millions of Floridians. While a typical hurricane by itself is a formidable adversary, navigating both pre and post hurricane conditions during the COVID-19 pandemic may prove to be exponentially more complicated – making early and complete preparation more important than ever.

“Because insurance companies are in the money-making business and accordingly, are financially motivated to deny or underpay claims, it is vitally important that volunteer Boards obtain legal advice when both purchasing their coverage and filing claims,” said Leigh C. Katzman, Esq., Founding Partner, Katzman Chandler. “The days of trying to successfully go it alone against insurance giants and a system designed to underpay policy holders are truly over. The Florida Legislature in 2011 shortened the time frame to file a claim, supplemental claim or reopened claim from 5 years to 3 years making it even more crucial that boards be prepared to act quickly and decisively when disaster strikes.”

“READY… SET… RECOVER, specifically assists Community Associations and their Management professionals to identify areas of concern, and to properly and fully prepare before a disaster strikes,” said Mary Ann Chandler, Esq., Managing Partner, Katzman Chandler.

 

The Katzman Chandler Hurricane Preparedness and Recovery Guide for Community Associations is arranged into four (4) main sections for ease of use:

  • The first section, “An Ounce of Prevention…” addresses routine planning and preparedness measures that are recommended to be undertaken before, or at the latest, in the early weeks of Hurricane Season.
  • The second section, “The Calm Before the Storm…” addresses actions to be taken when a Tropical Storm, Hurricane Watch or Hurricane Warning is issued for your area.
  • The third section, “Triage and the Initial Road to Recovery…” addresses the immediate and continuing actions to be taken to repair and rebuild your Community in the aftermath of a storm.
  • The fourth and final section, “It’s Your Insurer’s Turn to Write the Check…” describes the insurance claim and recovery process.

 

 

Katzman Chandler is a Full Service Florida Law Firm devoted to all aspects of Community Association representation. We are truly “Committed to Community” and evidence this commitment each day through Passion, Experience and Technology. Our Passion is clear in our dedication to identifying unique solutions to issues and concerns affecting our Clients. Our Experience is evident in our ability to utilize our skills and knowledge to provide our Clients with the highest quality work product and out-of-the-box strategies in the most cost-efficient manner. However, our Passion and Experience come together in our unique use and leveraging of Technology. Our utilization of Technology allows us to provide our clients with state-of-the-art features and programs that complement superior legal representation, and are second to none.

Regardless of the size of your community, Katzman Chandler is dedicated to meeting your needs, achieving your goals and exceeding your expectations. Our services include General Corporate Representation, Delinquent Account Collection, Litigation, Covenant Enforcement, Document Amendment/Rewrite, Property Insurance Damage Claim Recovery, and Construction Defect Representation. Katzman Chandler can be reached by calling Toll Free 800-987-6518 or via email at info@KatzmanChandler.com. Information about the Law Firm can be requested through their website which can be found at www.KatzmanChandler.com.

 

“If there is a single downside to living under the Florida sun, it is the risk of a significant storm impacting our homes and way of life.”

However, in times of need, members of the Katzman Chandler family of clients can rest assured that their interests are represented by some of the best attorneys in the industry.

“READY… SET… RECOVER” is immediately available for download online at the Katzman Chandler website by clicking here.

by Leigh Katzman, ESQ., Katzman Chandler

 

 

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Owner’s Guide to 40-Year Recertification by Eric Glazer, Sinisa Kolar and DSS Condo FREE WEBINAR

Owner’s Guide to 40-Year Recertification by Eric Glazer, Sinisa Kolar and DSS Condo FREE WEBINAR

  • Posted: Jul 14, 2020
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Owner’s Guide to 40-Year Recertification by Eric Glazer, Sinisa Kolar and DSS Condo

FREE WEBINAR TONIGHT  JULY 14, 2020 @7pm – 8pm

Register Today

Jul 14, 2020 07:00 PM

Register Today

Did you know that all high-rise condominiums are required to have a 40-Year Recertification? In our 90-minute webinar, DSS Condo and industry experts will walk you through the process, explain the requirements, and provide you with the insight to successfully complete the required 40-Year Recertification for your building. Sign up today to secure your spot!

 

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WAIT – IT GETS WORSE By Eric Glazer, Esq. Published July 13, 2020

WAIT – IT GETS WORSE By Eric Glazer, Esq. Published July 13, 2020

  • Posted: Jul 13, 2020
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WAIT – IT GETS WORSE

By Eric Glazer, Esq.

I recently explained how lucky the banks are when they foreclose on a unit or a home and take back ownership.  The law protects them, and despite how much the unpaid condo or HOA assessments are, the bank is only responsible for the lesser of one year of assessments or 1% of the mortgage.  Many of you are outraged over that and I’m with you.

The association always hopes that a 3rd party buys the property at the bank’s foreclosure sale instead of the foreclosing bank, because under the law, a 3rd party, unlike the bank, would owe all past due assessments to the association.

But even though the law requires some payments to the association, your condo or HOA may get zero because of a terrible provision that may be looming in your governing documents.  Despite the fact that the law requires banks to pay the lesser of one year of assessments or 1% of the mortgage, and requires a 3rd party purchaser to pay all past due assessments, many of you have provisions in your governing documents that say the banks owe nothing when they take back ownership of a home or unit after a foreclosure and that a 3rd party purchaser owes nothing if they buy the property at a foreclosure sale.  That’s right, not a penny is owed to the association.  You are wiped out.

So what controls, the law or your governing documents?  In May Florida’s Third District Court of Appeal ruled in Old Cutler Lakes by the Bay Community Association v. SRP SUB .  A third party purchaser took title to a unit within the community via a bank mortgage foreclosure auction.

The governing documents contained the following provision: “The sale or transfer of any Lot pursuant to the foreclosure or any proceeding in lieu thereof of a first mortgage meeting the above qualifications, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.”

The Third DCA concluded that the 3rd part purchaser at the sale is not liable for any of the past-due assessments, attorney’s fees and/or costs that accrued prior to its acquiring title.

So what do you do now?  Check your governing documents.  Make sure they don’t contain a similar provision.  If they do, you certainly want to talk you’re your attorney about amending them properly so you at least get the crumbs owed to the association when a bank forecloses.

 

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We Mourn the Loss of Our Dear Colleague and Founding Shareholder Alan Becker (1946 – 2020)

We Mourn the Loss of Our Dear Colleague and Founding Shareholder Alan Becker (1946 – 2020)

  • Posted: Jul 13, 2020
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In Memoriam – Alan S. Becker (1946-2020) | 07.05.2020

Alan S. Becker, 1946-2020, passed away at the age of 74 on July 4, 2020. He was a beloved son, husband, father, grandfather, and friend. Mr. Becker grew up in Brooklyn, where his parents Jack and Lorraine Becker met and were married. He spent his spent summers with his late brother Martin at Sun Mountain overnight camp. He entered Brooklyn College at the age of 16 and then went on to graduate from the University of Miami School of Law, receiving the highest grade on the Bar Exam in 1969.

Read the beautiful Tribute on Beckers Website!  – He will be missed by many and remembered always.

 

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FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL by Kaye Bender Rembaum

FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL by Kaye Bender Rembaum

  • Posted: Jul 06, 2020
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FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL

by Kaye Bender Rembaum

Below you will find face covering requirements for Palm Beach, Broward, Miami-Dade, Hillsborough, Pinellas, Pasco and Manatee Counties. In addition, the cities of Hallandale and Aventura are disucussed.

Where appropriate, face covering requirements for those living in condominiums and homeowners’ associations are discussed as well.

A recall was issued for a certain manufacture of hand sanitizer products which is presented immediately below the face covering information.

 

PALM BEACH COUNTY

Palm Beach County Order No. 2020-012 provides that effective June 25, 2020, facial coverings are required to be worn in public.  Specifically, facial coverings are required to be worn in:

 

i) Businesses and establishments of any type, including, without limitation, restaurants, retail stores, grocery stores, gyms, indoor recreational facilities and vehicles for hire,

ii) Public places, including outdoor areas that are open and regularly accessible, and outdoor common areas within private communities, where social distancing is not possible or not being practiced, 

iii) Palm Tran transit services, and

iv) County and municipal governmental facilities. 

 

Facial coverings are defined under the Palm Beach County Order as any covering which snugly covers the nose and mouth, whether store bought or homemade, mask or clothing covering, including, but not limited to, a scarf, bandana, handkerchief, or other similar cloth covering and which is secured in place. The Order is clear that facial coverings are required to be worn in outdoor common areas within private communities accessible to more than one housing unit where social distancing cannot be accomplished or is not being practiced.

One must also wear a facial covering while working in or visiting businesses and establishments, including indoor recreational facilities.

Businesses and establishments are further required to ensure compliance with the Order and establish a process for verification of compliance upon customer entry into the establishment, and to conspicuously post a specific sign in three languages (CLICK HERE TO LINK-http://discover.pbcgov.org/pdf/covid19/Retail-Mask-Poster.pdf) indicating that persons must wear facial coverings and maintain social distancing.

The Order does not specifically identify indoor common elements or common areas of condominium and homeowners’ associations as businesses or establishments where facial coverings must be worn. However, due to the fact that any type of business or establishment must comply and indoor recreational facilities are specifically listed as establishments in the Order, we believe that the Order likely applies to indoor common element and common area facilities.  Therefore, we recommend that you treat your indoor facilities as establishments under the Order until further orders or guidance is provided by the County.  This means that associations should monitor and require compliance with facial covering requirements, particularly in indoor recreational facilities, and conspicuously post the designated sign required by the Order.

There are exceptions to the facial covering requirements for certain individuals and in certain situations where they are not feasible, including, but not limited to, by children under two (2), by persons who have medical conditions such as asthma or COPD, and while consuming food or beverages.  However, the exceptions are limited and should be implemented in accordance with the Order so as not to cause the spread of the virus.  Finally, compliance is serious as the county has now indicated that fines and penalties may be issued for businesses that do not comply. Whether this includes associations is to be determined.

 

BROWARD COUNTY

Generally, facial coverings must be worn anytime you obtain a good or service from any establishment, including entering, exiting, and otherwise moving around within the establishment (and must be worn by persons working in those establishments during in-person interactions).

The covering should cover the nose and mouth, and comply with the CDC recommendations on the use and sanitation of such coverings. There are certain limited exemptions, including, without limitation, children under the age of two or children of any age while in the custody of licensed childcare facilities, persons with medical conditions, or during the time-period when you are receiving a good/service that precludes wearing a facial covering (e.g., eating, drinking, receiving a facial grooming).

Violations are subject to potential civil penalties (fines) and/or criminal enforcement (2nd degree misdemeanor).  Suspected violations can be reported to local municipal code enforcement.  The Broward County Order does not specifically require facial coverings within private residential communities (condos/HOAs). Please note, however, that cities may have stricter requirements than the county, so you should confirm with your city accordingly.

Any questions concerning the county requirements can be directed to the County COVID19 Hotline: ‪(954) 357-9500.

 

The relevant FAQ from the county, and the three (3) Orders are below:

FAQ about Facial Coverings from County: https://www.broward.org/CoronaVirus/Documents/FacialCoveringsFAQs.pdf

EO #12: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-12.pdf

EO #13: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-13.pdf

EO #14: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-14.pdf

 

CITY OF HALLANDALE

Facial coverings are required within the common areas of all buildings with multiple residents per Emergency Order HB20-12.

 

CITY OF HOLLYWOOD

All persons beyond legal boundary of residential property are required to wear facial coverings consistent with CDC guidelines as per Emergency Order 2020-06.

 

 

MIAMI-DADE COUNTY

Miami-Dade County issued Emergency Order 20-20 on April 9, 2020 (“Order 20-20”) which requires that all persons working in or visiting grocery stores, restaurants, pharmacies, construction sites, public transit vehicles, vehicles for hire, and locations where social distancing measures are not possible to wear facial coverings. In other words, face masks are required where social distancing is not possible. The Order defines a facial covering as “any covering which snugly covers the face and mouth, whether store bought or homemade, and which is secured with ties or ear loops.”

On May 15, 2020, Miami-Dade County issued Emergency Order 23-20 (“Order 23-20”) further providing that anyone “working in or visiting an establishment, including but not limited to airports, seaports, and mass transit facilities and vehicles” must wear a facial covering as described in Order 20-20. However, Order 23-20 provides an exemption for children under the age of two years, persons who have trouble breathing, where federal or state safety regulations prohibit the wearing of facial coverings, and for persons engaged in strenuous physical activity.

On May 27, 2020, Order 23-20 was amended to provide an additional exemption to the facial covering requirement “while persons are eating or drinking.” Additionally, Order 23-20 adopts The New Normal; A Guide for Residents and Commercial Establishments (the “New Normal Guidelines”) which includes industry specific protocols for the reopening of retail and commercial establishments, including general reopening guidelines that provide that facial coverings must be worn inside businesses and commercial establishments or wherever social distancing is not possible.

On June 22, 2020, Mayor Carlos A. Gimenez released a statement regarding the importance of wearing masks and social distancing. He reiterated that masks are required indoors at business establishments and outdoors when people cannot practice social distancing to remain at least six (6) feet apart. In his statement, Mayor Gimenez acknowledged the stricter rules issued by some municipalities in Miami-Dade County, including Miami, North Miami Beach, Aventura, Hialeah, and Miami Gardens.

 

CITY OF AVENTURA

As pertains to community associations, the City Manager of Aventura issued Emergency Order Number 12 (“Order 12”) which provides additional mandates requiring the use of facial coverings in the interior “Common Areas” of commercial buildings and residential condominium and cooperative buildings. Order 12 provides that common areas include lobby/reception areas, hallways, elevators, mailrooms, clubhouse/meeting rooms, and stair wells. That means that you are required to wear a mask in any interior common areas of condominium or cooperative buildings in the City of Aventura. It is important to note that Order 12 provides that property managers/building managers are required to enforce the facial covering requirement.

 

HILLSBOROUGH COUNTY

Order 2020-27 went into effect on 5pm June 24, 2020.  The order does not specifically apply to community associations as they are not a “business” under the order. Face coverings must be worn inside all indoor establishments. Businesses are required to enforce the mask order and can be charged with a second-degree misdemeanor if they don’t, a penalty of up to 60-days in jail and/or six months’ probation and a $500 fine.  The exception does not apply to children under two, persons with pre-existing medical conditions that would be worsened by a mask, hearing-impaired persons, those working in a profession that would be unable to perform their duties with a mask such as public safety, exercising, eating and drinking, or those already observing federal social distancing guidelines (the 6-foot rule).

Tampa is the only exception in Hillsborough where the mask rule would apply to community associations.  if you are outside your home, you must wear a face covering and if no face covering,  up to a $500 citation could be issued.  This would apply to community associations whenever a resident is outside of their residence.

 

PINELLAS COUNTY

Order 20-14 went into effect on 5pm June 24, 2020. Face coverings must be worn in all indoor public places in Pinellas County.  While not specifically drafted to apply to community associations, the definition of indoor public place would cover community associations when the residents can access the facility.  The only exceptions applicable to community associations are if less than 10 people are in the facility and they are practicing social distancing.  Parties not wearing a mask can receive a civil citation of $100 for a first offense, $250 for a second and $500 for a third. Additional repeat violations may result in a misdemeanor arrest.  The exceptions mirror those of Hillsborough County and Pinellas’s enforcement cannot conflict with the Americans with Disabilities Act.  The Order does not apply to government entities or hospitals or persons under the age of 18.

 

PASCO COUNTY

Order went into effect ‪5pm on June 25, 2020.  Face coverings must be worn inside all businesses, government offices, and schools.  The definition of businesses is nebulous enough to ensnare community associations under the “providing services to the public” standard.  If someone does not wear a mask in the aforementioned places, they will not be able to enter the business, or will be removed once inside. Individual business owners are required to enforce the ordinance or may face a fine up to $250. The exceptions mirrors Hillsborough County and Pasco’s enforcement cannot conflict with the Americans with Disabilities Act.  It is suggested you speak with your community association’s attorney due to the lack of specificity in Pasco County’s Order to determine if the Order may apply to your community association.

 

MANATEE COUNTY

No mask requirements.

 

 

HAND SANITIZER RECALL 

The Food and Drug Administration issued a warning on nine alcohol-based hand sanitizers manufactured by Eskbiochem SA de CV in Mexico because  it contains wood methanol, a toxic substance.  It can result in death if ingested or if  absorbed through the skin.

“Consumers who have been exposed to hand sanitizer containing methanol should seek immediate treatment, which is critical for potential reversal of toxic effects of methanol poisoning,” the FDA wrote on June 19.”

Following is list of the hand sanitizers manufactured by Eskbiochem:

 

All-Clean Hand Sanitizer (NDC: 74589-002-01)

Esk Biochem Hand Sanitizer (NDC: 74589-007-01)

CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-008-04)

The Good Gel Antibacterial Gel Hand Sanitizer (NDC: 74589-010-10)

CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-005-03)

CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-009-01)

CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-003-01)

Saniderm Advanced Hand Sanitizer (NDC: 74589-001-01)

 

 

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5 SAFETY TIPS FOR A FUN & SAFE JULY 4TH IN YOUR HOMEOWNERS ASSOCIATION

5 SAFETY TIPS FOR A FUN & SAFE JULY 4TH IN YOUR HOMEOWNERS ASSOCIATION

  • Posted: Jul 03, 2020
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5 SAFETY TIPS FOR A FUN & SAFE JULY 4TH IN YOUR HOMEOWNERS ASSOCIATION

Any fireworks that explode, emit a flame or spark, performs as a projectile, may be illegal and prohibited in many municipalities by Fire Prevention Codes. Violators could be subject to arrest,  fines, and could be liable for damages or injuries caused by those fireworks.

 

Here are 5 tips to help you have an enjoyable July 4th celebration if it involves fireworks:

1. Use only legally purchased, approved fireworks. Use them as directed, under supervision and clear of any combustible material and clear of all buildings.  Legal fireworks should be used or overseen by a responsible adult. No such fireworks may be thrown into, over, or around other homes, forested areas, or left in the common areas of the HOA. Residents who fail to comply with these restrictions will be held responsible for any damage and repairs.

 2. Local Code enforcement Laws – If you plan on using fireworks you should first check with the local law enforcement or city codes before setting off fireworks. There may be noise ordinances and fireworks may be illegal all together. This goes beyond the governing by your HOA.

  1. HOA Property rules and regulations – If you plan on using fireworks for a 4th of July celebration it is important to check your HOA documents,  Association’s CC&Rs regarding the use of fireworks. You could be in violation of HOA rules or safety rules.

  2. Safety-Insurance – You need to fully understand your homeowners insurance policy regarding your own property damage, accidents or injuries as a result of using fireworks. If your fireworks go or land on another resident’s property or on common areas, you may be responsible for damages to property and accidents or injuries that may occur.

People think sparklers are safe. Some sparklers can attain a temperature as high as 1800 degrees Fahrenheit and cause severe injuries. Whether a spectator or the user of malfunctioning fireworks, victims may be able to seek damages for their injuries.

  1. Littering – Fireworks leave debris, paper shreds, fuses, powder residue and other materials that may leave a mess and be potentially harmful.   Be sure to clean up after your fireworks display. You could incur a fine for littering or damage to yards, sidewalks, streets or other common areas.

To ensure a safe 4th of July, we encourage residents to know and adhere to all policies by your community association and local laws before having a fireworks display.

It is reported that 200 people on average go to the emergency room every day with fireworks-related injuries in the month around the July 4th holiday.

It’s the responsibility of the HOA board to uphold, enhance, and maintain the Association. Reminding residents of 4th of July safety lets them know you care about their safety.  This is why HOA ‘s must implement and enforce rule and regulations to protect the association, homeowners and the community.

It’s not too late to get patriotic and think about your HOA hosting its own July 4th celebration to let members know they live in a fun and safe HOA.

 

 

Below are tips and laws from Consumer product Safety commission

We believe everyone  has the right to celebrate our country’s freedom on the 4th of July with Joy & Enthusiasm. Keep in mind that your right to celebrate ends where the local noise ordinances, laws, your neighbor’s rights and property begins.

 

WASHINGTON, D.C. – This year’s July 4th holiday may look different from most, with many people celebrating from home due to social distancing restrictions still in place to help stop the spread of COVID-19. All too often, however, Independence Day backyard celebrations can end up with a trip to the hospital for fireworks-related injuries.

“Many Americans will not get to see the grand, professional fireworks displays this 4th of July given the cancellations of public celebrations and stay-at-home orders across the country. As an alternative, people are purchasing their own fireworks in an effort to recreate that tradition at home,” said CPSC Commissioner Dana Baiocco. “The need for safety awareness regarding fireworks is greater than ever,” she said, “and anyone who plans to use consumer fireworks this year should review and follow CPSC’s simple safety tips to prevent injuries and incidents.”

The U.S. Consumer Product Safety Commission (CPSC) wants consumers to know the risks of handling fireworks at home, and how to prevent serious injuries and deaths.

Tips to Celebrate Safely

  • Never allow young children to play with, or ignite, fireworks, including sparklers. Sparklers burn at temperatures of about 2,000 degrees Fahrenheit—hot enough to melt some metals.

  • Keep a bucket of water or a garden hose handy, in case of fire or other mishap.

  • Light fireworks one at a time, then move away quickly.

  • Never try to relight or handle malfunctioning fireworks. Soak them with water and throw them away.

  • Never place any part of your body directly over a fireworks device when lighting the fuse. Move to a safe distance immediately after lighting fireworks.

  • Never point or throw fireworks (including sparklers) at anyone.

  • After fireworks complete their burning, douse the spent device with plenty of water from a bucket or hose before discarding the device to prevent a trash fire.

  • Make sure fireworks are legal in your area, and only purchase fireworks that are labeled for consumer (not professional) use.

The Data on Injuries and Deaths

Today, CPSC announced that about 10,000 injuries and 12 fireworks-related deaths were reported for 2019.

There were an estimated 10,000 fireworks-related, emergency department-treated injuries in 2019, with 73 percent occurring during the month surrounding the Fourth of July (June 21-July 21). During that period, sparklers were the number one cause of injuries, accounting for an estimated 900 injuries; 66 percent of the injuries were to males. Similar to 2018’s data, nearly half of the estimated injuries were to individuals younger than 20 years of age. In fact, half of reported sparkler injuries involved children younger than 5.

At least 12 people died from fireworks-related incidents in 2019. Several deaths occurred when victims held and ignited fireworks. In one of the reported cases in 2019, a 21-year-old male was critically injured when lighting mortar-type fireworks on the rooftop of an apartment complex. The firework ignited and exploded while the victim was holding it over his head. The victim was taken to the hospital, where he died five days later.

CPSC has reports of 126 fireworks-related deaths between 2004 and 2019.

Video News Release (VNR)

For lifesaving information:

– Visit CPSC.gov.

– Sign up to receive our e-mail alerts.

– Follow us on Facebook, Instagram @USCPSC and Twitter @USCPSC.

– Report a dangerous product or a product-related injury on www.SaferProducts.gov.

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The Plan – Identifying the Potential Consequences of a Disaster by BECKER

The Plan – Identifying the Potential Consequences of a Disaster by BECKER

  • Posted: Jul 01, 2020
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The Plan – Identifying the Potential Consequences of a Disaster

by BECKER

 

The first step toward developing and implementing a disaster plan is identifying the potential consequences of a disaster. The second step is to develop and implement a plan to mitigate the impact of a disaster to the fullest extent possible.

Evacuation

Emergency evacuation routes and special instructions regarding use of elevators and stairwells should be clearly posted. Don’t forget to rehearse evacuation procedures on a periodic basis.

Destruction of Real Property

Damage or destruction of real property is often the primary claim and causes the greatest hardship. The main areas of concern include:

  • Buildings and other structures
  • Landscaping
  • Roads and Pathways

Damage to Personal Property

The items most at risk during a disaster are furniture, fixtures, and personal property. The items of most concern include:

  • Electronic equipment, data and other forms of technology
  • Indoor and outdoor furniture, art, lighting, pool equipment, pool furniture and assorted fixtures
  • Documents and important papers such as governing documents, Association surveys, plans, insurance policies.
  • Rental and owner records and personnel files
  • Accounting records
  • Vehicles and equipment

Injury or Loss of Life

Carbon monoxide poisoning, heart attacks and drowning are the top three causes of death as a result of a hurricane. People over 75 are particularly at risk. Identify “high risk” individuals with disabilities or medical needs requiring special attention when preparing your community’s disaster plan.

Relocation

Your disaster plan should anticipate not only the possibility of a total casualty loss, but also the need to relocate, temporarily or permanently, depending on the level of impact. While many communities are able to clean up storm debris promptly, many others will remain in turmoil for quite some time after being impacted by a disaster. After Hurricane Opal and the BP Oil spill, some owners were unable to rent out their units which resulted in a loss of significant income to them and, in some cases, ultimately resulted in the loss of the property to foreclosure.

Impact on Employees

The board should consider the emotional impact a storm’s approach has on the association employees, particularly an onsite manager. Association employees will not only be responsible for preparing the community for a storm’s approach, but they are also concerned about preparing their own homes and families for the potential disaster.

Associations are well advised to task their attorneys with creating a reasonable approach to these pre- and post-storm employee policies.

Economic Impact

The economic impact of a disaster can be extensive. Unit owners displaced from work may be unable to meet their financial obligations to the association. Uninsured, underinsured or non-covered losses under both the association’s policy as well as the owner’s policy may require the board to pass special assessments. The higher cost of goods and services resulting from shortages further compounds the problem in the shortterm.

In sum, the impacts of a disaster will vary from event to event. It is advisable to prepare for all possibilities.

 

 

Becker Shareholder Donna DiMaggio Berger will join CASTLE for episode 12 of their webinar series “Combatting COVID-19 In Your Community Association,” on July 8 at 12:00 p.m.

She will be joined by CASTLE founder and CEO James Donnelly.

Register now: http://ow.ly/QCxl50Aneca #Webinar #CommunityAssociations #BeckerFTL

 

 

Planning for a disaster

Designation of a Disaster Coordinator or Disaster Committee

The ability of a community association to minimize its damages and speed up its recovery depends in large part upon its preparation.

Every disaster plan should include having a person or committee in place prior to the disaster with full authority to implement the Disaster Plan.

Designation of an Information Facilitator

In times of crisis, communication is key. A major hurdle to recovery is rumor and misinformation; both can hamper successful recovery efforts. An information facilitator can help to stop the rumor mill in its tracks. Today’s computer and smart phone technology provide the ideal vehicles to communicate with residents. Every association should have its own website, which can be a great resource for disseminating information and staying in touch with the unit owners. A text messaging system for community members is also valuable for disseminating information quickly.

Home and cell phone numbers must be collected before a disaster and stored in a safe, easily accessible location.

A properly prepared plan will include plans for temporary relocation of residents in situations where the community must be evacuated. This can include Red Cross or other emergency shelters, hotels, schools, or staying with family members in other cities.

Now that the Florida Legislature has granted emergency powers to boards, a board may require the evacuation of the property in the event that the local or state authority has declared a mandatory evacuation order. Owners who refuse to abide by that evacuation order do so at their own risk and without the possibility of pursuing the association for loss of life or injury to themselves or their property. Boards can also declare the property unfit for entry or occupancy based upon the advice of experts retained by the board or on the advice of emergency management officials.

Photographic Imaging

Your plan should include annual preparation of a date stamped video and photo documentation of the community such as all of the common areas, each unit owner’s home, the association’s office and property.

Digital technology and photographic records can be conveniently and safely stored off premises and easily retrieved, if needed.

What should be photographed?

Specifically include:

  1. Inside and outside of buildings and premises
  2. equipment, computers and books
  3. accounting records
  4. insurance policies, bank accounts, personnel records, records of units/ unit owners, as-built plans and specifications

You should prepare an inventory including the date, place of purchase, and purchase price of each item of personal property.

Community Emergency Response Team (CERT)

Many shared ownership communities have already taken the positive step of undergoing CERT training under the auspices of FEMA. A Community Emergency Response Team (CERT) can fill the large gap that often results when a disaster overwhelms local emergency services. CERT teams are trained in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. CERT members are encouraged to support emergency response agencies by taking a more active role in emergency preparedness projects in their communities.

Your board’s quick response in accordance with your disaster plan will minimize damage and promote a speedy recovery.

 

 

ACTIVATING THE DISASTER PLAN

Hurricane Preparedness and Recovery Guide

Following a disaster, the disaster coordinator and information facilitator move into action. The information facilitator opens lines of communications with the owners. The disaster coordinator contacts emergency services and notifies the contractors and employees, advising of their duties and needs. In some cases, it may be necessary to suspend or cancel on-going contracts such as lawn and pool maintenance. Hopefully, a provision was made in the contract for such right of suspension without monetary penalty in disaster situations when the contracted services are no longer needed. There certainly is no reason to pay to hedge the bushes when they have all blown away!

Knowing the whereabouts of all residents greatly enhances emergency response time following a disaster. In a situation such as a hurricane, in which there is advance warning, a committee should ascertain which residents are remaining in the community and which are evacuating. A temporary destination address and phone number should be obtained from those who are evacuating. Once disaster strikes, the board’s first action should be to direct emergency medical assistance to any residents in need. Naturally, if the community is under a mandatory evacuation order, that order should be obeyed by all.

Be sure to attend to the injured and secure the community from acts of vandalism and looting. Be sure to remove all storm debris.

“Drying In”/”Shoring Up” the building structures in order to mitigate against further damage.

“Drying Out” is the removal, where necessary, of wet carpet, wall board, cabinets, etc. when necessary to prevent the growth of mold.

The insurance carrier for the community must be notified immediately at the conclusion of the storm.

If the insurance carrier is not able to promptly inspect and document the damage from the storm, it may elect to deny the claim.

 

 

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The future of cities:  How are public space and social life going to change with Covid-19?

The future of cities:  How are public space and social life going to change with Covid-19?

  • Posted: Jun 29, 2020
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The future of cities:  How are public space and social life going to change with Covid-19?

The Covid-19 crisis will bring big social consequences, which will radically change both our human relations and the spaces these inhabit. As the concentrated manifestation of the contemporary world they are, cities are going to be hit by this shifting paradigm.

Urban spaces will have to readjust their design and their infrastructures to the new reality. Also our social interactions will change. We will no longer have so much interaction with others when we go out. Some cultures –the warmest ones– will even have to change more dramatically. We wonder: What will happen with the two or three kisses, traditional in some Southern European countries? Or with the shake of hands, used in Anglosaxon cultures? This situation of “physical distance” will lead us to develop a more virtual life, where online platforms will become, even more, the new public sphere.

How is the future in our cities going to be? How is this crisis going to transform our public space and social life in cities? We do not know yet. The only thing we can do right now is to assess what is happening and learn from the outcomes in order to make cities better in the future.

 

 

 

1 | Bringing People Together but Keeping Them Apart

A big part of urban planning’s history has consisted of managing our way out of infectious diseases and pandemics. Today, Covid-19 is challenging urbanization again, re-opening the debate regarding which city model is preferable: urban sprawl or urban densification. While densely populated and hyper-connected cities are more efficient and sustainable, they can amplify pandemic risk of transmission.

Thus, cities –especially densely populated ones– will need to create and adapt public environments and infrastructures to be livable, safe, agile and adaptable. Hence, tactical urbanism –short-term, low-cost, and scalable interventions– can play a big role in shaping and implementing pilot projects. Likewise, community involvement is essential as it allows for the acquisition of local knowledge while ensuring public compliance with policy decisions.

 

2 | Adapting Urban Environments to New Necessities

Due to the Covid-19 pandemic, both urban facilities —public transport, leisure, shops, etc.— and public spaces will have to adapt so all preventive measures are fulfilled. 

Indoors, regulations will be more rigorous: cleaning and disinfection will be done with higher frequency, new measures such as hand sanitizers use or shoe sole cleaning will be implemented, and their capacity will need to be reduced to comply with physical distancing. Additionally, protective equipment —masks, gloves, screens, sensors, etc.— and access control methods will be installed to avoid any risk of transmission and infection.

 

3 | Housing as a Right & Multifunctionality as a Must

Stay-at-home policies are exacerbating inequalities as large parts of the worldwide population live in slums or do not have a home at all. To top it off, common places to find shelter or bathrooms —libraries, gyms— are closed. Consequently, as the coronavirus spreads, these groups are the most vulnerable.

This leads to the conclusion that, after Covid-19, the design of indoor environments will have to change. If people are to spend more time indoors, homes will need to accommodate more uses. Apartments will have to be properly ventilated and better lit in order to improve living conditions and avoid entirely sealed buildings recirculating pathogens through their systems. Shared spaces will need to be rethought as well. 

 

4 | Adjusting Everyday Life to the “New Normal”

The pandemic affected almost every aspect of people’s life, and at the moment, going back to old habits does not seem a possible scenario. So what will the “new normality” look like?

Local and international mobility will be monitored and controlled, while cities are already trying to reorganize flows, reschedule working and school activities to avoid concentrations during rush hour. We will have to get used to new routines and social behaviors, which could radically change our way to use the public space.

The psychological effects of stay-at-home policies and physical distancing will be strong, especially in those cultures where gatherings and open-air activities are at the core of social life. Everything considered normal until a few months ago could dramatically change, not only because of the new rules and restrictions, but also because of people’s fear to physically interact with others.

 

5 | Physically Apart but More Connected than Ever?

The “new normal” will also have a direct effect on the use of urban spaces, in a context where there will be a drastic shift from developing social life outdoors to being more confined. A higher consumption of Internet-based activities (online shopping, telemedicine, macro-events, arts and leisure, etc.) will become more usual. Despite the big challenges this shift will bring, it also represents an opportunity for all these activities to reinvent themselves by means of innovation and new technologies. 

The counterside of this new virtual life’s technological high dependence will widen social inequality. As not everyone counts with appropriate Internet connection and digital devices, this crisis is an opportunity to rethink the future feasibility of telematic education and work models improvised during quarantine. In the applicability to the “new normal”, it will be essential to set up regulations that guarantee social inclusion.

 

6 | Building More Resilient Communities

The health crisis has clearly revealed the vulnerabilities of the most disadvantaged groups. The need to respond to their necessities during the lockdown has demonstrated to be even more pressing than before. Many municipalities developed plans to support low-income families, elders or precarious workers, but at the same time bottom-up mobilization of neighbors’ associations and self-managed organizations revealed to be very important assets for local communities.
 
Nevertheless, as the lockdown ends, the structural socioeconomic problems that the coronavirus has revealed will stay. This demonstrates the importance of establishing safe ways to assist elderly people and to protect precarious workers or domestic caregivers, as well as supporting parents in reconciling their professional and personal life. Achieving this will represent a major step towards a more resilient society.

 

Social inequalities and class differences have manifested more obviously – with “essential” workers having to go out to work; housing conditions being very different for everyone during the confinement or the impossibility to access new technologies for several social groups. Issues that have made even more clear the fact that we live in an unequal society that is susceptible to collapse in front of any crisis.

If in the last decades the way how governments and corporations gather data from individuals for Big Data purposes has been on the agenda of all discussions, the Covid-19 crisis will widen the debate. The need for more discipline and new regulations can inevitably lead towards a situation of social control. In this new context, there will be a need to find a balance between establishing safety, health and well-being for everyone, but respecting the individual and collective freedom at the same time.

However, despite the impact Covid-19 is going to have in cities, we should really consider this crisis as an opportunity to rethink our cities and create more resilient communities and livable environments.

 

 

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FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

  • Posted: Jun 22, 2020
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FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

By Eric Glazer, Esq.

So here is what you need to know in a nutshell:

  1. Mortgage defaults are soaring.  In fact, homeowners stopped paying mortgages in record numbers in April.  It was the largest one month increase ever recorded.
  2. Under Florida law, that spells financial disaster for our condos and HOAs.

Keep this in mind as you read this.  Florida law protects the banks.  When a bank forecloses on a condo unit or a home, several things normally happen:

  1. The owner is also not paying the condo or HOA assessments;
  2. The bank foreclosure takes many months and even years;
  3. Even when the bank finally finishes their foreclosure and owns the home or unit, they owe the condo or HOA very little and the association just lost a lot of money.

So why does Florida law allow the condos and HOAs to get slaughtered?  Under Florida law, if the bank winds up owning the home or unit — even if the association has not been paid in years – the bank only owes the association the lesser of one year of assessments or 1% of the mortgage debt.  In sum, it is usually a fraction of what is owed to the association.

 

So why is the law written this way?  Clearly to protect the banks.  The theory is….. if we pass a law and make banks responsible for payment to the association for all of the unpaid dues of the owner they just foreclosed on, banks simply will not lend money to people who want to buy in a condo or HOA.  Maybe that’s true.

If however such a law did exist, all it would mean that banks would have to protect themselves a little more.  They already protect themselves when it comes to real estate taxes.  You know how they make you escrow a year of real estate taxes in advance?  That’s done because real estate taxes have a greater priority than mortgages do.  If the taxes don’t get paid, the county can wipe out the mortgage and the bank would be owned nothing.  So in response, the bank makes you pay the real estate taxes in advance so they’re covered.

Condo and HOA assessments can be treated the same way by the banks if it were necessary but, as you can see, the politicians make sure they the money owed to the county is given SUPER PRIORITY over all other obligations on the property.  Taxes are first in line.  Their money is guaranteed. To the contrary, they don’t care about the money owed to the associations.  I the law were changed, the bank can easily make a borrower escrow a year of assessments if they want to buy that condo or home  so just in case all goes bad, the association is covered. Maybe they can charge an extra quarter of a point in interest as well.  At least  people on fixed incomes won’t have to cover the delinquencies of their neighbors.

So now you know why you get the short end of the stick when foreclosures increase and the economy tanks.  Next week we will tell you what to do about it.

Suffice to say……..there may be a rough road ahead.

 

 

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New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

  • Posted: Jun 22, 2020
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Florida’s Department of Business and Professional Regulation Issues New Guidelines for Community Associations

Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

 

Board members and property managers of condominium communities need to be aware that the State of Florida’s Department of Business and Professional Regulation issued revisions to rules pertaining to violations and penalties, 61B-21, Condominium Resolution Guidelines for Unit Owner Controlled Associations,

The disciplinary guidelines detail minor violations and penalty guidelines within Chapter 718, F.S.  If a violation is deemed minor, the division will send a Notice of Noncompliance to the association. A community association’s failure to timely comply with the Notice of Noncompliance may result in sanctions, including civil monetary damages and enforcement. For the violations not deemed minor by the division, there is no longer a notice/warning requirement and, if found guilty of the violation, the Association may be fined pursuant to the new standards in the rule.   Rulemaking Authority 120.695, 718.501(1)(d)6., (f) FS. Law Implemented 718.501(1)(d)6. FS. History–New 6-4-98, Amended 10-23-18. 

 These disciplinary guidelines were enacted to inform affected parties about the range of penalties which may be imposed for violations, pursuant to subsection 61B-21.003 detailing penalty guidelines in the following categories: Accounting Records, Assessing, Board, Budgets, Commingle, Common Expenses, Conflict of Interest, Converter Reserves, Debit Card, Elections, Estoppel Certificate, Final Order, Fiduciary Duty, Investigation, Property, Records, Reporting, Reserves, Special Assessment and Website.

 

“It is important for community associations and the governing boards to understand the consequences and potential monetary ramifications they will face if they do not abide by these new guidelines,” said Frank J Mari, Director of State of Florida Property Management Association. “Ignoring or not fully compiling with the Florida Department of Business and Professional Regulation’s rules, as well as Chapter 718, Florida Statutes, in a timely manner can have a detrimental effect on an association’s financial standing.”

If an association fails to comply with a Notice of Noncompliance, a civil penalty will be imposed between $5 and $10, per unit, for each minor violation. The penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any aggravating or accepted mitigating circumstances. The minimum total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater. In no event shall a penalty for a minor violation exceed $2,500, the statutory maximum for a single minor violation. For all other violations (those not deemed to be minor), the penalty imposed is between $10-$30 per unit for each violation and the statutory maximum is $5,000.00. For both types of violations, multiple counts of the violated provision or a combination of the listed violations are added together to determine an overall total penalty.

 

SFPMA – State of Florida Property Management Association is an Organization in Florida that Advocates Educates for Members in the Condo, HOA and Property Management Industry. On behalf of our Industry Members our goal is to keep the industry informed and Provide information for their protection. We have on our Website sfpma.com resources where Board Members, Property Managers can Learn, Network, Engage and Find Top Companies that work in the industry – Search for companies on our Members Directory

Legal Sponsors: KBRLegal.com – Pompano Beach and Palm Beach offices. are the Legal Sponsors for our Association we value the important information and articles they provide for our industry.

 

 

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