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Have your services been affected by coronavirus?

Have your services been affected by coronavirus?

  • Posted: May 14, 2020
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Have your services been affected by coronavirus?

We know businesses like yours may be struggling to keep customers informed right now.

To help we’ve released help for Members We want members businesses to communicate changes and promote their available services.

(For example) a members business could write an article tell us what you offer or that they’re temporarily closed or Let us know that you are OPEN and ready to help Condo’s and HOA’s. We will repost these members articles and send these out to our Industry.

Once normal service resumes, or you reopen you can easily send another article for the service update, SFPMA will help by sending these to our Industry.

We have a large reach for our Blog. We send Hundreds of Thousands of Emails to industry professionals and more if you also add every member company and subscriber.

 

 

 

Need more resources? Think about taking out Advertising on our website or in the Florida Rising Magazine.

At SFPMA, we’re committed to providing members businesses with as much support as possible during this challenging time. 

Send us an Email: Membership@sfpma.com

Frank J Mari / Executive Director

 

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FIND COURSES TRAINING AND EVENTS IN FLORIDA on THE EVENTS CALENDAR

FIND COURSES TRAINING AND EVENTS IN FLORIDA on THE EVENTS CALENDAR

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

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

 

THE EVENTS CALENDAR

 

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

 

                  

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From One Disaster to the Next / Hurricane Season Starts June 1

From One Disaster to the Next / Hurricane Season Starts June 1

  • Posted: May 09, 2020
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From One Disaster to the Next

Hurricane Season Starts June 1

 

    If the effects of the Covid-19 virus were not enough, June 1st begins Florida’s unenviable hurricane season. Never has it been more important to board members and managers to understand the emergency powers approved by the legislature and codified into Florida Statutes in Chapters 718, 719 and 720 for use during a declared “state of emergency.”  Many associations have already utilized these powers in their efforts to curb the Covid-19 virus from spreading.  If you are not yet familiar with these powers, well, you need to become learned before disaster strikes.
    The statutorily required pre-requisite to utilizing the legislative emergency powers is that the Governor of the State of Florida has declared a “state of emergency”.  Importantly, when exercising emergency powers, there should be a rational relationship between the action undertaken and the disaster itself.  For example, an emergency special assessment needed to fix the condominium roof damaged by a hurricane during a state of emergency makes good sense. However, just because there was a hurricane and a state of emergency declared, does not mean the emergency powers can be used to levy a special assessment to build a new gazebo, most especially when there was never a gazebo before.
  The Covid-19 situation illustrates to many seasoned community association lawyers that the emergency powers granted by the legislature were drafted for use in response to, and in preparation for, natural disasters. More specifically, “in response to damage caused by an event for which a state of emergency is declared.”  Suffice it to say, use of the emergency powers to help contain a virus epidemic was likely not contemplated. Nevertheless, circumstances warranted that the emergency powers be utilized during the Covid-19 crisis for which a state of emergency was indeed declared. Likely, as a result of the Covid-19 virus, the community association emergency powers granted by the Florida legislature will be tweaked by the legislature in its next session to provide for better applicability to an ever-evolving world where states of disaster are not limited to weather events alone.
    The specific emergency powers legislation can be found in section 718.1265 Florida Statutes for condominium associations, section 720.316 Florida Statutes for homeowners’ associations and section 719.128 Florida Statutes for cooperative associations.  While each are very similar, there are a few subtle differences that go beyond the scope of this article.  Also, it should be noted that an association can amend its governing documents to prohibit a board member’s use of the statutory emergency powers.  Perhaps, one justifiable reason to do so would be if the membership approves its own version of emergency powers which most obviously should be discussed with the association’s legal counsel before considering to do so.
    A few of the emergency powers that are common to all of Florida’s community associations, unless otherwise provided, include:
  1. Conduct board meetings and membership meetings with notice given as is practicable under the circumstances.
  2. Cancel and reschedule any association meeting.
  3. Name as ‘assistant officers’ persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.
  4. Relocate the association’s principal office or designate alternative principal offices.
  5. Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.
  6. Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners.
  7. Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
  8. Require the evacuation in the event of a mandatory evacuation order.
  9. Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the property can be safely inhabited or occupied.
  10. As to condominiums, mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.
  11. As to condominiums, contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116 to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.
  12. As to homeowners’ associations,  mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the association property.
  13. Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.
  14. Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient.

These emergency powers are limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the owners and the owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.

 

Please be sure to review the legislation that is specifically applicable to your type of association, be it a condominium, cooperative or homeowners’ association, as the above powers were presented for purposes of this article.

Prior to taking any action, consultation with the association’s attorney is an absolute must as this article is intended to provide useful information for consideration and not specific legal advice.  Stay safe!

(Reprinted with permission from the May 2020 edition of the Florida Community Association Journal and as written by attorney Jeffrey Rembaum)

 

 

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

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

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

by Kaye Bender Rembaum

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

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

 

 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

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

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

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

 

Register to Attend HERE

 

 

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

 

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

 

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

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

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

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

 

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

Palm Beach County Emergency Order Number 5

The Palm Beach County Website April 28 posting related to volunteers  

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

 

Kaye Bender Rembaum, Attorneys at Law

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

http://KBRLegal.com

 

 

 

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Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

  • Posted: May 04, 2020
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Re-opening Amenities In Times Of Uncertainty pt. 1

by Kaye Bender Rembaum

The re-opening of amenities is anything but easy due to the local Orders being promulgated by Palm Beach, Broward and Miami-Dade Counties. Please be sure to review your County’s specific order(s) to ensure your association remains in compliance. These Orders have similarities but are also VERY different.

A link to the recent re-opening Orders follows:

–Palm Beach County, Emergency Order Number 5

–Broward County, Emergency Order 20-08

–Miami-Dade County, Emergency Order 21020

 

As to the Palm Beach County Order, take note that that staff and management are responsible to ensure compliance with the Order with respect to the tennis/racquet court facilities, and that one or more facility staff or management must be present at the pool to monitor and “ensure compliance with the restrictions of the Order.” However, it is not at all clear what measures must be taken to “ensure compliance with this Order.” We do not think it would be sufficient to only post a sign setting forth the CDC Guidelines and the additional restrictions in the Order. Although the tennis/racquet court facilities guidelines, unlike the community pool guidelines, do not require personnel to be present at the tennis/racquet courts to monitor and ensure compliance, in our opinion the board should consider some type of responsible monitoring.

 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

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

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

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

 

Register to Attend HERE

 

 

With respect to a swimming pool in Palm Beach County, “facility staff or management” must be present at the pool whenever it is open to monitor and ensure compliance with the restrictions set out in the Order, including social distancing and pool bathroom sanitation. If that cannot be accomplished, then the pool and or bathrooms should remain closed.

 

When opening a swimming pool in Broward County, their Order provides that the pool may not operate at more than 50% capacity. In person supervision in addition to sanitizing gates, railings and showers is required if the pool deck furnishings are left in place. However, by removing the furnishings, the wording of the Order seems to indicate the need to sanitize gates, railings and showers has been eliminated.  If the decision by the Board is to reopen the pool, whether the furnishings remain or are removed a level of reasonable cleaning/sanitizing should be maintained, as necessary maintenance remains a continuing obligation of the association with regard to common elements/areas, which would require sanitizing the pool gates, handrails, doors, bathrooms and the like minimally as the association normally would,  but clearly should be performed more frequently during these times.

 

Residents of Miami-Dade County will have to wait a while longer to be able to use their association swimming pool because their Order does not yet address opening association swimming pools.

 

We have heard that certain county staff are giving their personal interpretations of the Order(s) in response to questions from board members. If you think that relying on these unofficial and unauthorized interpretations will shield your association from immunity, think again! It is far more likely that staff interpretations of the County Orders will not provide any protection whatsoever, most especially if a resident contracts Covid-19 and a lawsuit is brought against the association. Until local governments revise their Orders to provide missing clarity, the plain language, conservative interpretation of these Orders should be followed to help ensure your association is protected as much as possible under the circumstances. Remember, too, that an association can have stricter requirements than those set out in the orders, but cannot adopt less strict requirements.

 

It is also unclear from the Orders how governmental enforcement of the restrictions is to occur by the County or any municipality, as it seems very (very) unlikely that there will be patrols driving around to check on compliance. Even if such patrols did exist, they could not hope to keep up. The more likely scenario is that the self-reporting of violations could possibly lead to monetary or other penalties against the association. Clearly, if the Board is of the opinion that the requirements in their County’s Order cannot be met at this time, it or are removed is certainly within the reasonable business judgment of the Board to keep those amenities closed. However, that said, reasonable business judgment should not be used by a board to make a decision to open amenities where the board believes it lacks the ability to be fully compliant with their county’s local Orders.

 

 

We encourage board members to contact their association’s legal counsel for guidance regarding reopening any tennis/racquet courts and/or pool facility, and to continue to monitor the guidelines, directives and orders issued by the CDC and the applicable local authorities. Stay safe.

 

Kaye Bender Rembaum, Attorneys at Law

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

http://KBRLegal.com

 

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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

  • Posted: May 01, 2020
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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE

Date/Time  May 7, 2020
12:00 pm – 1:00 pm

REGISTER HERE

Castle Group, Kaye Bender Rembaum and Plastridge Insurance invite you to a webinar:  “Association Continuity and Other COVID-19 Concerns”, Episode 2

You are invited to join episode 2 of “Association Continuity and other COVID-19 Concerns” with a special focus on re-opening community amenities and more. Panelists include:
  • Craig Vaughan, Castle Group – President;
  • Michael S . Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, Board Certified in Condominium and Planned Development Law
  • Brendan T. Lynch, AIP AAI, Plastridge Insurance Agency, President
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How the Coronavirus Can Affect Your Insurance Claim By Bobby Parsons / Cohen Law Group

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

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

By Bobby Parsons / Cohen Law Group

 

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

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

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

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

 

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

Robert "Bobby" Parsons, Esq.

Robert “Bobby” Parsons, Esq.

Learn more about Bobby here!

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

 

 

 

 

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Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

  • Posted: Apr 23, 2020
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Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

 

Webinars are an excellent way to publish frequent, high-value content, Once a webinar has been produced, you and your creative team can repurpose and optimize it into several pieces of valuable content. Members of SFPMA and Other Leaders in our Industry have provided these

to help with social distancing yet keeping you informed.  Take a look at this list of events – Join and sign up!

 

 

Join our own Andrew Black, a Board Certified Specialist in Condominium and Planned Development Law, online for distance learning with the Condominium Association Board Member Certification Course .
This provides CE credit for CAMs and fulfills state requirements for Condominium Association Board Members.
Course Number: 9630075 | Provider Number: 0005092
Two (2) CEU’s in IFM or ELE
Wednesday, April 29th, 2020
1:00 PM – 3:00 PM
NOTE: When registering, you must use a valid email address in order to be able to receive your certificate and or CE credit.
After you register, you will receive instructions about how to join the Zoom webinar.
Join us as we discuss the implications COVID-19 is having on your association’s financials. 
Thursday | April 30 | 11am – 12 Noon
Rafael Aquino , Co-founder of Affinity Management
Michael Bender , Esq., BCS, Kaye Bender Rembaum
Lisa Magill , Esq., BCS, Kaye Bender Rembaum
Alex Leonardo , Lanter Leonardo & DiCrescenzo CPA

 

Join us for a WEBINAR: On, Assessment Collections during the Coronavirus Crisis

April 29 @ 2:30 pm – 3:30 pm EDT

WHAT: Assessment Collections During Crisis Q&A
WHEN: Wednesday, April 29th @ 2:30pm EST

Register to Attend this Webinar

With millions out of work due to the COVID-19 pandemic, homeowners associations and condo associations are starting to feel the crunch of increased delinquencies. When homeowners are in financial crisis, association dues takes a back seat to other essentials. But community associations need the funds to maintain the health and safety of everyone in the community.

In this webinar, Axela Technologies President of Business Development, Mitch Drimmer will be joining host Russell Munz, Founder of Community Financials and Douglas Levy Counsel for Community Association Practice Group at Rees Broome, PC to answer your questions on how you can maintain a healthy community while still exercising compassion during this crisis.

Get your ‘coronavirus in the community’ assessment collection questions ready and join us online:

 

COVID-19 Message: Watch our Recorded Webinars  

WITH:  CASTLE GROUP FOUNDER AND CEO JAMES DONNELLY & DONNA DiMAGGIO Esq.  BECKER SHAREHOLDER WITH BECKER LAWFIRM

We recognize there is a growing concern as the outbreak and impact of the coronavirus (COVID-19) continues to evolve. The safety and wellbeing of our teammates and residents are Castle’s top priority. Most importantly, we want you to know, we are prepared. We are working around the clock to monitor the situation, while partnering with the Centers for Disease Control and Prevention (CDC) and other state and local health officials on response efforts, as well as to provide you with the most up-to-date information.

At our sites, our teams are working diligently to take precautions and steps to ensure a clean and safe environment. We are making every effort to customize our plan based on specific community’s needs.

We remain committed to you, and to doing our part as an organization to ensure the health and wellness of every teammate, resident and community.

Sincerely,
James Donnelly
Founder and CEO

https://www.castlegroup.com/covid-19-message/.

 

WE ARE CONTINUING TO CERTIFY HUNDREDS OF YOU!
April 23rd, at 6:00 p.m. – SOLD OUT.
NEXT CLASS – APRIL 30TH, 6:00 P.M.
Just because we’re stuck in our homes doesn’t mean we can’t get together —- and learn together — remotely – in a safe and fun way.  NO EXCUSES.
Florida law allows the Board Certification class to be taught via a video conference and that’s exactly what we’re doing.
All you need is a device with a camera so I know you are there and speakers so you can hear me.
OUR FIRST FOUR ON-LINE CLASSES WERE AN AMAZING SUCCESS!
If you want to register, send an e-mail to: lydia@condo-laws.com
If you want to sign up, just provide us with an an e-mail address.  I will then send you a link that you need to click on to start the live seminar.  Make sure to go to: GoTo Meeting
in advance to simply download the program

 

 

The CDC recommends wearing face coverings in public settings where social distancing is difficult (e.g., grocery stores and pharmacies).

What does this mean for Florida condos and cooperatives in a growing number of hotspots where people must pass each other in narrow corridors or elevators?

Should requiring residents to wear face coverings in these or other common areas be part of your community’s Covid-19 protocols until such time as the CDC lifts this requirement?

 

Please be safe ~Stay Inside 

 

 

 

 

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

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

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

by DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

CALL ALERTS

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

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

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

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

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

****

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

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

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

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

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

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

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

 

Donna DiMaggio Berger

DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

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

 

 

 

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Please join Community Financials, Mitch Drimmer of Axela Technologies, and Douglas Levy Esq Counsel for Community Association Practice Group at Rees Broome for a webinar

Please join Community Financials, Mitch Drimmer of Axela Technologies, and Douglas Levy Esq Counsel for Community Association Practice Group at Rees Broome for a webinar

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Please join Community Financials, Mitch Drimmer of Axela Technologies, and Douglas Levy Esq Counsel for Community Association Practice Group at Rees Broome for a webinar

This lively Question and Answer webinar on Assessment Collections during the COVID-19 Crisis Q&A 4/29/20 at 2:30 PM EST

 

 

Go to the article and scroll down to the bottom for the link to this webinar.

 

If you have questions we are going to have a webinar to address this issue and answer your questions:

Webinar – Assessment Collections during the COVID-19 Crisis Q&A with Legal & Collection Experts 4/29/20  at 2:30 PM EST

Douglas Levy  Counsel for Community Association Practice Group  at Rees Broome, PC in Tysons Corner, VA.

Mitchell Drimmer a licensed CAM and President at Axela Technologies a National Collection Agency specializing in Condo and HOA collections.

 

 

CLICK HERE TO REGISTER

 

 

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