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A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

  • Posted: Feb 03, 2020
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Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

By Eric Glazer, Esq. 

Published February 3, 2020

Two weeks ago, I wrote to you about House Bill 623 that is making its way through The Florida Legislature.  Another change to the law currently included in the bill is the following language:

718.112 Bylaws.—

(1) GENERALLY.—

(c) Any provision of the declaration, the association bylaws, or reasonable rules or regulations of the association which diminish or infringe upon any right protected under the Fourteenth Amendment to the United States Constitution or Art. I of the State Constitution is void and unenforceable without further action of the association. The association may record a notice in the public records of the county in which the condominium is located evidencing its intention to not enforce such provision. The failure of the association to record a notice in the public record may not be the basis for liability or evidence of discrimination or a discriminatory intention.

To simplify, the 14th Amendment made The Bill of Rights (The first ten amendments to the Constitution) applicable to the states.  So this law basically says no provision of your governing documents can infringe upon the rights you have under the Bill of Rights.  All of you know several of these rights such as the right to free speech, freedom of assembly, and freedom of religion.

There is plenty of law out there that says when you move into an association, you may give up some of the rights you may ordinarily have in your private home. You do this by agreeing to be bound by the governing documents.   For example, courts have upheld the rights of Florida associations to prevent the use of the common elements for religious purposes, allowed associations to impose reasonable restrictions on speech through time limitations at meetings, impose restrictions on placement of political signs on the property or even placement of religious symbols in excess of certain sizes on your windows and doors.

The adoption of this proposed amendment by The Florida Legislature may throw all of these restrictions into doubt, including another one I haven’t mentioned yet.  The Second Amendment is the right to bear arms.  Inasmuch as Florida law allows associations to prohibit alcohol use on the common elements and prohibit religious ceremonies on the common elements I always opined that the association had the right to ban weapons on the common elements via a rule. If this proposed amendment passes, no way would an association be allowed to ban guns from the common areas.

I have serious concerns that if this amendment passes, associations will potentially be embroiled in case after case, where the association attempted to impose all of the reasonable restrictions mentioned above, and unit owners taking the position that the association is prohibited from doing so because it violates their constitutional rights.  Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

If you are a believer that associations are notorious for not providing their owners with rights guaranteed by the U.S. Constitution, this new proposed law may not bother you.  If on the other hand you believe that the association should still be able to impose reasonable restrictions in order for all of us to live in harmony with each other, this new law should bother you.  A LOT.

 

 

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NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

 

Effective August  2019, the Regulatory Council of Community Association Managers changed the requirements for continuing education for license renewal. The number of hours required have been reduced from 20 to 15 hours each license period. The new requirements are:

 

  1. All community association manager licensees must satisfactorily complete a minimum of 15 hours of continuing education per biennial renewal cycle. No license shall be renewed unless the licensee has completed the required continuing education.
  2. Only continuing education courses approved by the Council shall be valid for purposes of licensee renewal.
  3. The required 15 hours of continuing education shall be comprised of courses approved pursuant to Rule 61E14-4.003, F.A.C., in the following areas:

(a) Three-hours of legal update seminars. The legal update seminars shall consist of instruction regarding changes to Chapters 455, 468, Part VIII, 617, 718, 719, 720, and 721, F.S., and other legislation, case law, and regulations impacting community association management. Licensees shall not be awarded continuing education credit for completing the same legal update seminar more than once even if the seminars were taken during different years.

(b) Three-hours of instruction on insurance and financial management topics relating to community association management.

(c) Three-hours of instruction on the operation of the community association’s physical property.

(d) Three-hours of instruction on human resources topics relating to community association management. Human resources topics include, but are not limited to, disaster preparedness, employee relations, and communications skills for effectively dealing with residents and vendors.

Three-hours of additional instruction in any area described in paragraph (3) (b), (c) or (d) of this rule or in  any course or courses directly related to the management or administration of community associations.

 

By KBR Legal  Rembaum Association Roundup

 

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The Internet of things

The Internet of things

The telecommunications industry says the upgrades are needed by 2020 to meet the demand for faster internet speeds, smart cities, driverless vehicles, instantaneous 3D downloads, the “Internet of things” where machines talk to machines, and more.

The battle between infrastructure needed for fast digital service and property rights may soon come to communities across Palm Beach County. Right now, it’s playing out in Tallahassee courtesy of legislation before lawmakers.

“It’s a ticket for multi-billion dollar wireless communication companies to come into a city and do as they please in city right of ways,” said Riviera Beach Councilwoman Dawn Pardo.

The brewing fight is over technological advances. First there was 1G wireless technology, for “first generation,” and as telecommunications technology evolved, 2G, 3G, 4G and 4G LTE came to be. Now 5G, a fifth generation network technology allowing greater connectivity at higher speeds for many more devices, is on its way.

To place the infrastructure needed for 5G service, a proposal pending in the Florida Legislature would limit state and local control of public rights-of-way where the 5G equipment is being installed.

 

SFPMA feels that with the proposal in the Florida Legislature with some changes is what we need to advance this to all of our Florida communities, this upgrade is for reliability “If you are stranded in an heavy traffic area or one that has many customers using services at one time it slows down and this brings problems” Can you get through in an emergency? We have members right now that offer Building Owners the ability to place towers, on rooftops and other locations with need to advance the networks. Many of our building members can make money each month by the placement of these on the properties and in the communities they own and manage. 

Senate Bill 596 sponsored by Sen. Travis Hutson, R-Palm Coast, and House Bill 687, sponsored by Rep. Mike La Rosa, R-St. Cloud, would create the Advanced Wireless Infrastructure Deployment Act and prohibit the Florida Department of Transportation and local governmental entities from prohibiting, regulating or charging for collocation of small wireless facilities in public rights-of-way.

Municipalities say the bill is one-sided, would take away their ability to control where 5G equipment is installed and totally favors telecommunications giants such as AT &T, Verizon and Sprint. The companies want the right to install their equipment on utility poles, light posts, signs and traffic arms in rights-of-way.

Pardo was one of about a dozen officials from cities and counties across Florida, including Miami, Fort Lauderdale and St. Petersburg, who spoke against the bill before the Senate Committee on Communications, Energy and Public Utilities in Tallahassee on March 7.

Pardo told the committee the bill would eliminate residents having a say in the location of 5G facilities.

Currently, Riviera Beach requires “stealth designs” that are unobtrusive, and has other rules as well. The city doesn’t allow the equipment within residential communities.

“We have a couple of these wireless companies proposing to put towers in residential communities without any input from the public. This is unacceptable. This bill allows companies to put as many towers as they want,” Pardo said.

The proliferation of poles and equipment on rights-of-way would jeopardize public safety, entice kids to climb up the poles and create more debris when a hurricane hits, Pardo said.

Riviera Beach has spent a “couple million dollars” to bury utility lines, Pardo said, adding, “Then the next thing you know, we have these 100-foot poles in the middle of the sidewalk.”

Both bills have passed their first round in the Senate Committee on Communications, Energy and Public Utilities and the House Subcommittee on Energy & Utilities.

While the bills deal only with “small cells,” the suitcase-size to small refrigerator-size building blocks of the 5G system, some companies are also submitting applications for poles as high as 120 feet.

The telecommunications industry says the upgrades are needed by 2020 to meet the demand for faster internet speeds, smart cities, driverless vehicles, instantaneous 3D downloads, the “Internet of things” where machines talk to machines, and more.

Houston-based Crown Castle, the nation’s largest provider of wireless infrastructure, sought to install 50 to 60 poles all over Riviera Beach, but in September 2016 the city passed an ordinance regulating them. The equipment boxes must be grouped together in a single location and spaced a minimum of 2,000 feet from each other unless technical documentation is provided by the applicant and approved by the city management. If more than six poles are to be located within one linear mile of a city block, the manager must notify the council.

Crown Castle installed four poles prior to the regulations. Mobility had planned to install numerous 120-foot poles, but Riviera Beach’s ordinance does not allow the poles to be over 35 feet. That’s got municipal leaders worried.

Eric Poole, deputy director of public policy at the Florida Counties Association, spoke about SB 596 before the committee. The committee passed the bill on preliminary reading.

“This bill is a one-way street. It says the telecommunications industry can come into any county and city and require us to give them a permit to co-locate one of their small cell packages on any of our utility poles, light posts, signs or traffic arm signals. We can’t tell them no,” Poole said.

Poole said he first became aware of the 5G issue about 10 months ago when a wireless infrastructure provider submitted an application in a Florida county he did not mention by name, and said it had the right to use the right-of-way. In the past, such installations were typically done on private property, not on public rights-of-way.

The proposal states that if the local government doesn’t approve or deny the telecommunication company’s application within 60 days, approval is automatic. The maximum fee the companies can be charged for use of each right-of-way is $15.

Some local governments have declared moratoriums while they work with the industry, Poole said. He said his organization doesn’t want to stop smart schools, economic development and other advancements, but that the industry needs to respect home rule authority.

Advocates for the bill included representatives of AT&T, Sprint, Verizon, T-Mobile and other companies, as well as their trade groups.

Bethanne Cooley, legislative affairs director of CTIA, the trade association for the wireless communications industry, said networks need to be updated today to be ready for the next generation of wireless networks.

The fifth generation, 5G, will connect 100 times as many devices and be up to 100 times faster. It could create up to 3 million jobs nationwide over the next seven years, Cooley said.

A January report by the Florida Association of County Attorneys Cell Tower Right-of-Way Task Force states that numerous counties and cities in Florida have been confronted with applications from private companies wanting to place cellular telecommunications towers and small cells in the public right-of-way.

The companies are seeking to classify these cellular towers as tall as 120 feet as “utility” poles, but they are not, the report states.

The Telecommunications Act of 1996 and the Florida Statutes do not support a right of telecommunication firms to force local government to allow placement of cellular communication facilities in the local government’s own right-of-way, the report concludes.

Reposted by: SFPMA for the advancement of our communities. original published by; The Palm Beach Post (West Palm Beach, Fla.) Distributed by Tribune Content Agency, LLC.

 

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Association Foreclosures Are Obsolete

Association Foreclosures Are Obsolete

  • Posted: Jan 10, 2020
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Association Foreclosures Are Obsolete

The Foreclosure Process and How HOAs Recover Money

In a condo or HOA the normal method to collect delinquent maintenance fees is to send an owner to the attorney. The attorney will then move the process through the courts. This means foreclosure for delinquent maintenance fees. The object is to foreclose and take “intervening title” on properties.

It’s “intervening title” because in most cases the unit still has a mortgage. Soon enough the lender is coming for their collateral. The association can hold title but they cannot sell the unit as it may have a debt attached to it. With luck the association can get this title without too much expense and rent out the unit. That is the only way the association can recover money if somebody does not bid the unit when it goes for sale.

The association foreclosure worked in the past but now it is becoming obsolete.

The rental revenue may cover losses for maintenance fees. It may also cover the rehabilitation of the unit, commissions and marketing of the unit to a renter. There are also the legal costs & fees that the association spent to get the title.

With luck the association can hold on to this unit long enough to recover their money. Its a hard way to recover delinquent maintenance fees. It is also an obsolete maneuver to foreclose to recover money.

This is how it has always been, especially during the real estate meltdown of the last decade. Now, the times they are a changing.

 

New Law Proposed in FL Removes Ability for Associations to Collect Rents

In Florida, an amendment to Florida Statute § 697.07 has been proposed. This new law will entitle banks to step in and take those rents. In essence this completely neutralizes the benefit of foreclosure for community associations.

Delinquent maintenance fees, legal costs, late fees, late interest will remain a loss. Only the lender will benefit when an association forecloses. In other words there will be no good reason for a community association to foreclose on a unit. They will not be able to monetize it should they prevail in court.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

 

 

New Law Proposed in SC Removes Foreclosure as an Option for HOAs

In South Carolina a bill pre-filed this month would prohibit HOAs from foreclosing at all. This bill would strip this power from associations. “Real property used as a primary residence may not be sold if the action was instituted by a homeowners association attempting to collect unpaid dues, fee, or fines”, the proposed bill states.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

Association foreclosures are likely to become less common nationwide. This is a good thing! Community associations and their attorneys have long abused this power. Small debts get inflated with legal fees, and the case gets moved to foreclosure. Ultimately this does little to benefit the association.

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

 

The Real Estate Meltdown is Over, But We’re Acting Like It’s Still Going On

People are fallible and don’t always manage their financial affairs well. Such people need a wake up call, NOT their home confiscated.

In 2009, during the height of the real estate meltdown, many properties did not have equity. Originally purchased by “Flippers and investors,” many were simply abandoned. Banks were stalling foreclosure and these properties were sitting there rotting. In those times it made good sense for the association to rush to the courthouse and foreclose on delinquent units.

Today most homes have equity and are appreciating in value. It’s unlikely the current owners would let the property be taken from them if they can avoid it. If equity outweighs the debt it would be foolish to lose a property. Most units delinquent in their maintenance payments will pay without legal intervention.

 

A Viable Alternative to Foreclosure Is Available for Smart Community Associations

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

Retaining a collection agency that specializes in community association debt is becoming an increasingly popular option.

Many collection agencies work on a contingency basis, while Lawyers get paid regardless of the outcome of the cases they take. This means collection agencies are much more motivated to seek a timely resolution.

 

Less Negative Impact on Community Members

Strategies employed by debt collectors have a much lower impact on your community. With a strategy of engagement and education, these agencies are looking to resolve issues and improve communications within the community. This is done with the use of proper notifications, outbound calls, credit bureau reporting, letters sent to mortgage holders, placing of liens, and other techniques.

Frankly, association foreclosure on delinquent owners is obsolete. Even without the change in the laws this method to collect on delinquencies needs to be reconsidered.

It’s time for management companies and boards of directors to think how the future collects and engage specialized collection companies to collect delinquent condo and HOA debts.

 

 

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As we get ready to start a new year, attention is turned to setting goals and resolutions.

As we get ready to start a new year, attention is turned to setting goals and resolutions.

As we get ready to start a new year, attention is turned to setting goals and resolutions

One goal you may want to consider for 2020 is getting your legal affairs in order. Preparing vital legal documents will help you to be ready for life emergencies and unforeseen events. Three of the top legal documents that should be a part of everyone’s legal life strategy are will, living will, and power of attorney forms.

A will is a legal document that lets you communicate your last wishes regarding distribution of your possessions, such as cars, home, money, and other items, to the people who you want to receive these assets upon your death.  It also lets you appoint a guardian for minor children.

A living will is a document that enables you to express in writing what type of medical treatment you want in the event you are no longer capable of making decisions yourself.  The living will lets you decide in advance if you want your life to being artificially prolonged by various medical procedures and equipment.

With a power of attorney form, you can appoint a trusted person to be your agent to handle financial, health, property or other matters when you cannot take care of things yourself.

USLegal makes it easy to access all of these vital legal documents and more with its LegalLife Legacy Bundle Special. See more details below.

 

LegalLife Legacy Bundle Special

Organize your legal life with one of U.S. Legal Form’s best-selling packages. It includes State Specific Last Will, Living Will and Power of Attorney PLUS (1) Credit Report Form, (2) Financial Statement, (3) Personal Life Planning Form, (4) Estate Planning Worksheet and (5) Monthly Cash Flow Statement. Normally $59, you can save now with this special offer price of $45.00. Act Fast. Offer expires January 3, 2020     

Click here to Download the Forms

Residential Lease Forms Package

If purchased individually, these forms would total $129.80. For just $59.95, get tremendous savings on forms you will need and use. Including state specific Lease, Lease Application, Reference Check Consent, Pre and Post Inventory Checklist, Lead Paint Disclosure, Welcome Letter, Rent Warning Letter, Rent Termination Notice, Closing Statement and more. Our most popular item. Click below to select the package for your state.

 
https://www.uslegalforms.com/lease-forms-package.htm?auslf=ne2018
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Legal Eviction Information in every State.
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Find everything you will need for evictions, Information, Eviction Process, 
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Starting January 1, 2020, officers will start to issue citations….Florida texting law

Starting January 1, 2020, officers will start to issue citations….Florida texting law

Be prepared, Florida friends! While the new  took effect on July 1, 2019, law enforcement has only been issuing warnings. However, starting January 1, 2020, officers will start to issue citations. Check out our blog post for further details about the law.

New Florida Texting Law Effective July 1, 2019

By Ana Cristina Rossi, Esq.

Put your phone down while driving! We all know how dangerous it is to text while driving and the Florida legislature has done something about it. Florida joins 43 other states which allow law enforcement to pull over drivers for texting while driving.

The new law, which was signed by Gov. Ron DeSantis on May 17, 2019, went into effect on July 1, 2019. In explaining his support for the bill, Gov. DeSantis stated that Florida had almost 50,000 motor vehicle accidents in 2016 which were caused by distracted driving and 233 of these accidents resulted in fatalities.

Here Are Answers To Questions People Have About The New Law: Republished with permission from Cohen Law Group

How does this new law change the prior law on texting while driving?

The new law now makes texting while driving a primary offense, meaning that law enforcement can pull you over if they suspect that you are texting on your phone while operating a vehicle. Previously, texting while driving was a secondary offense, meaning that a driver could only be cited for texting while driving if they were pulled over for another offense.

 

What’s the penalty?

For a first offense, the fine is $30 and for a second offense, the fine is $60. You will also be responsible for paying court costs.

A first offense will be treated as a non-moving violation; a second offense will add 3 points on your license.

 

Can you use your phone while you are stopped at a traffic light?

Yes, the new law permits drivers to use their phones in a motor vehicle which is stationary.

 

Can law enforcement confiscate your phone if they see you texting while driving?

No, law enforcement are trained to detect the signs of texting while driving and are not permitted to confiscate or otherwise access your phone without a warrant.

While the law took effect on July 1, 2019, law enforcement will only be issuing warnings until January; after that, officers will start to issue citations.

Ana Cristina Rossi, Esq.

Learn more about Ana Cristina here!

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Community Associations Threatened With Website Litigation Under the ADA

Community Associations Threatened With Website Litigation Under the ADA

  • Posted: Dec 30, 2019
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Community Associations Threatened With Website Litigation Under the ADA

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.

  • So what does pizza have to do with a community association website?

Frankly, not a darn thing. It appears that the lawyers and firms threatening these specious lawsuits are conveniently conflating the obligations found under Title III of the ADA for places of public accommodation with the different set of obligations found in the Fair Housing Amendments Act (FHA) for housing providers.

Or, these lawyers are simply trying to avoid application of the ADA altogether since most private residential communities are not considered places of public accommodation. The ADA requires that every owner, lessor or operator of a “place of public accommodation” provides equal access to users who meet ADA standards for disability.

These lawsuits are attempting to apply the ADA standards for websites to housing providers impacted by the FHA.

These threatened website lawsuits are uniform in style (mostly forms sent in mass) and generally allege that a “tester” was unable to navigate an association’s website, resulting in a discriminatory impact on those who are visually impaired.

The suits allege that community association websites were not accessible to visually impaired persons thus violating the FHA. Community associations are considered housing providers under the FHA and, as such, must make reasonable accommodations for residents and guests with verifiable disabilities.

This is true in the realm of service and support animal requests and these new website lawsuits attempt to expand that obligation to include visually impaired visitors to an association website. It is curious that these testers did not reach out first and request that the allegedly deficient websites be modified for a visually impaired person to more easily navigate the site. Instead, demands are being summarily sent to community associations statewide who have websites in an attempt to reach a quick settlement.

The demand letters offer a conditional release for payment of “reasonable attorney fees” because the attorney sending the letter claims the firm is entitled to compensation for work completed to investigate, research and determine the community association’s noncompliance.

Of course one cottage industry begets another. In addition to a handful of law firms who believe they can generate some revenue with these tester lawsuits, we now also have a number of companies advising communities that they can make their websites compliant for fees ranging anywhere from $2,000-$5,000 and annual hosting around $300-$1,000 per year.

In actuality, the cost depends on the content and functionality of the website including the number of features that must be optimized for the visually impaired. There are also some solutions that are free depending on the website platform.

Many of the demands and threatened lawsuits appear to lack any merit and seem to be merely an attempt to obtain a quick settlement payment from community associations or their insurers.

Many of the communities who have been threatened have website features that are password-protected, are accessible only to owners, or don’t have the features that are the subject of the complaint, so the allegations appear to be specious.

While we can debate the merits of these tester lawsuits and even seek legislative clarification in the upcoming 2020 Legislative Session, in the interim, associations with websites need to speak with experienced counsel to confirm whether or not their association’s website must have the necessary software for disabled users.

This confirmation is particularly important if your community uses its website to list properties for sale or lease. As for the attorneys who have decided to send out these blanket demands without the benefit of further investigation, let’s hope they have a change of heart when associations push back.

Donna DiMaggio Berger is a board certified specialist in condominium and planned development law, a shareholder at Becker Law and the executive director of the Community Association Leadership Lobby.

 

 

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Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

  • Posted: Dec 17, 2019
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If You Have Been Injured in a Slip and Fall Accident
Follow These 7 Important Steps

Find us on the Members Directory on SFPMA – The Maus Law Firm

1) Seek Medical Attention

This is your first step. Always to seek medical attention to ensure your injuries are documented. Schedule a Fort Lauderdale slip and fall attorney consultation as soon as you are well enough to visit.


2) GET PHOTOS

Facts are important. Document the location of the fall, store employees near, and the condition that caused you to fall.

 

3) DO NOT GIVE A RECORDED STATEMENT – YOU ARE NOT REQUIRED TO GIVE A STATEMENT.

They’re taking a statement to help their position – NOT to help YOU.
Our Fort Lauderdale slip and fall lawyers advise clients that if the business or insurance company contacts them, refer them to us. The calls will stop.

 

4) REQUEST AN INCIDENT REPORT

Businesses and insurance companies are infamous for the defenses they use when a person gets injured on their property.

 

5) REQUEST IN-STORE VIDEO SURVEILLANCE BE PRESERVED

This should be done in writing, and as soon as possible. Most businesses’ video recorders will tape over whatever is recorded after time.

 

6) GET WITNESS NAMES AND CONTACT INFORMATION

There is strength in numbers.

 

7) DOCUMENT YOUR INJURIES

Don’t wait!

Get the Help You Need from a Top Fort Lauderdale Slip and Fall Attorney
You deserve an experienced lawyer in slip and fall accidents and premises liability cases. Speak to a Fort Lauderdale slip and fall attorney in our office to have your questions answered.
Call 1-855-999-5297 today or visit us at www.mauslawfirm.com

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Protecting Tenants at Foreclosure Act of 2009

Protecting Tenants at Foreclosure Act of 2009

  • Posted: Dec 09, 2019
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Protecting Tenants at Foreclosure Act of 2009

Resurrected and Here to Stay

by KBR Legal/ Jeffrey Rembaum, Esq.

On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing.

The federal law was known as “Protecting Tenants at Foreclosure Act of 2009”.  It generally provided that a bona fide tenant was authorized to remain in a residential unit that was acquired by a new party through foreclosure for the balance of the unexpired term of the lease, unless the unit was acquired by a party that intended to occupy the unit, in which case the tenant was authorized to remain in the unit for ninety days after receiving a notice to vacate.

For purposes of the federal law, a “bona fide tenant” was a tenant who was not the mortgagor or the parent, spouse, or child of the mortgagor and who was under a lease that was the result of an arms-length transaction where rent was not substantially lower than fair market value.

The federal law assured that residential tenants would have a reasonable amount of time to plan and find alternative housing after the unit they were renting was foreclosed and acquired by a new party. However, it also assisted community associations in finding desirable tenants to rent units they owned through the foreclosure of the association’s assessment lien for a fair market value, which then helped the association recoup unpaid assessments and bad debt otherwise attributable to the unit.

The protections of the federal law were intended to “sunset”, which is a term meaning ”to expire”, on December 31, 2012. However, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) later extended the sunset date to December 31, 2014. Once the federal law finally expired on January 1, 2015, tenants of residential property in Florida no longer had any special protection from eviction by parties acquiring such units by foreclosure.

Then, approximately six month later, the Florida legislature adopted its own version of the law as part of the Florida Residential Landlord and Tenant Act. Specifically, section 83.561, Florida Statutes, became effective on June 15, 2015, and provides that “if a tenant is occupying a residential premises that is the subject of a foreclosure sale, the purchaser named in the certificate of title is permitted to give a tenant a thirty day notice to vacate and the tenant must comply”. Therefore, as of June 15, 2015, residential tenants had a much shorter timeframe of thirty days’ notice to vacate a unit acquired by foreclosure.

 

Finally, on June 23, 2018, the federal Protecting Tenants at Foreclosure Act became effective again. It no longer contains any sunset or expiration date; so it is here to stay. Since a federal law will supersede a Florida law when it is more stringent, the provisions of the Federal Protecting Tenants at Foreclosure Act giving tenants more time to vacate residential property after it is acquired by a new party through foreclosure will apply to transactions in Florida despite the shorter timeframe provided by state statute.

 

Kaye Bender Rembaum, Attorneys at Law

Palm Beach Office
Gardens Professional Center
9121 N. Military Trail,
Suite 200
Palm Beach Gardens, FL 33410
Phone: (561) 241-4462
Fax: (561) 223-3957
Broward Office
1200 Park Central Blvd. S.
Pompano Beach, FL 33064
Phone: (954) 928-0680
Fax: (954) 772-0319
Tampa Office
1211 North Westshore Blvd
suite 409
Tampa, Fl 33607
Phone: 813-375-0731

 

 

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Know the Rules of Restroom Renovations

Know the Rules of Restroom Renovations

  • Posted: Dec 09, 2019
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Know the Rules of Restroom Renovations

by Steven C Fraser, Esq. Fraser Lawyers

An area that gets a lot of foot traffic in any building, and one which everyone eventually will see and use, the restroom is a critical component of all commercial and industrial buildings. Typically thought of as only a functional space, the restroom has been transformed both by increased regulatory requirements for businesses (e.g., OSHA, ADA compliance, etc.) and by a shift to create more comfortable, inviting spaces for occupants.

These shifts put unique pressures on managers of aging buildings that may have fallen behind the curve on restroom design, aesthetics and function.

 

An area that gets a lot of foot traffic in any building, and one which everyone eventually will see and use, the restroom is a critical component of all commercial and industrial buildings. Typically thought of as only a functional space, the restroom has been transformed both by increased regulatory requirements for businesses (e.g., OSHA, ADA compliance, etc.) and by a shift to create more comfortable, inviting spaces for occupants.

These shifts put unique pressures on managers of aging buildings that may have fallen behind the curve on restroom design, aesthetics and function.

 

Norman Chapman facilities supervisor at Petigru Commercial Properties in Columbia, South Carolina., manages about 22 different properties, most of which were built anywhere from 25-30 years ago. He says that most of the buildings’ restrooms are located within tenants’ suites, which means the tenants are responsible for the upkeep and cleaning of those rooms. “We also have some common bathrooms,” says Chapman, “all of which are updated and modern.”

For example, most of Petigru’s properties feature restrooms that have wood frame cabinetry, decorative table legs, granite countertops, aged-bronze fixtures, high-end lighting and bold color schemes. Situated in a region that has a rich history.

Knowing that workers are more satisfied when it’s clear their employers care about them, Chapman says Petigru puts extra effort into keeping its restrooms fresh and updated, regardless of the building’s age. “Bathrooms are as important as the common hallways in a multi-tenant building, so we really try to keep up with the times and have them look nice,” says Chapman, “all in the name of attracting tenants that want a comfortable, functional space for their employees.”

 

OSHA’s Restroom Requirements for Businesses

When adding new facilities or renovating existing restrooms in an older building, there are some important regulatory requirements to keep in mind. In regulating the availability of and workers’ access to restroom facilities, the Occupational Safety and Health Administration (OSHA) has specific rules that must be followed. OSHA’s documentation is extremely detailed and complex, but at a basic level the Society for Human Resource Management (SHRM) highlights these requirements:

  • Toilet facilities must be available at every worksite.
  • Companies with 15 or fewer employees are required to offer only one unisex bathroom and toilet with a locking door.
  • For larger companies, the requirements are:
  • Two toilets for 16 to 35 employees
  • Three toilets for 36 to 55 employees
  • Four toilets for 56 to 80 employees
  • Five toilets for 81 to 110 employees
  • Six toilets for 111 to 150 employees and
  • One additional toilet for every 40 employees over 150.
  • Employers must provide gender-segregated facilities for coed workforces over 15 employees, with bathrooms designated as being for male or female use (unless they can be occupied by no more than one person and can be locked from the inside).
  • Each toilet must be in a separate compartment, with a door, and must be separated from the next by partitions sufficiently high to ensure privacy.
  • Hand-washing facilities must be provided and maintained in a sanitary condition. All restrooms must have running water, soap and either hand towels or air-dryers.

 

ADA Compliance Counts

An important consideration for all businesses and public spaces today, the Americans with Disabilities Act (ADA) has strict rules in place concerning the construction and renovation of restroom facilities. If you’re running an older building where the restroom facilities haven’t been recently updated, then you may need to revisit your restrooms to make sure they are up to code.

The complete ADA guidelines are available here. According to Buildings, the basic ADA guidelines that facilities managers should keep in mind for single-user restrooms are:

  • There must be 30” X 48” access to the sink (in other words, the door can’t swing into this rectangle).
  • The measurement starts from the point where users have 9” vertical clearance for their feet and 27” vertical clearance for their knees.
  • The center line of the toilet must be between 16” to 18” from the side wall.
  • To allow a wheelchair to turn, there must be a clear circle of at least 60 inches around the side wall and 56 inches from the rear wall.
  • The toilet seat height must be 17-19 inches.

 

According to Chapman, it’s important to factor both OHSA and ADA requirements into a restroom renovation in an older building, with the latter posing some of the bigger challenges for a upgrading an existing space. “You need at least one ADA stall (depending on how many tenants are on a floor of the building) in every bathroom, and that can take up some extra room,” he explains. This sometimes requires re-thinking how space is used, and whether or not the restroom redesign will require borrowing space from other private areas of the building. In a case like that, the restroom renovation project will require planning and timing around lease agreements as well.

 

Improving Comfort Levels

All older buildings will eventually have to go through some type of restroom renovation project. Whether the purpose is modernization, comfort, functionality, compliance or a combination of all four, this is a facility area that requires ongoing attention and commitment.

Not only do restroom renovations help keep occupants comfortable, but they can also enhance property value, improve employee morale, and help establish your company as one that cares about its employees, customers, and business partners.

The information provided on this page does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

 

STEVEN C. FRASER, P.A

(877) 862-7188

221 W Hallandale Beach Blvd
Hallandale Beach, Florida 33009
(877) 862-7188
sfraser@fraserlawfl.com

 

 

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