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United Professional Engineering (UPE) provides a unique “one-stop-shop” for all your structural engineering needs.

United Professional Engineering (UPE) provides a unique “one-stop-shop” for all your structural engineering needs.

United Professional Engineering (UPE) provides a unique “one-stop-shop” for all your structural engineering needs. Our South Florida area founded firm has been in business since 2005 and we have a diverse team; from licensed designers and structural engineers to inspectors and general contractors. For that reason, our projects range from designing and restoration to structural inspections and more!

 

Providing exceptional engineering services through integrity, reliability and professionalism. With over 21 years of experience, we are the leaders in the industry, and we can help you as well!

Structural Engineering

Commercial, Industrial and Residential Buildings, Marine Structures and more.

Building Restoration Engineering

Structural restoration, concrete restoration, structural strengthening and more.

Inspection Services

Building inspections, threshold inspections, home purchase inspections and more.

Forensic Engineering

Structural condition assessments, expert witness services and more.

Construction Administration

Contract administration, contractor selection assistance and more.

Consulting Services

UPE’s engineering consultants offer a full range of services based on extensive project experience and innovative thinking.

 

Today, one of the largest investments is building a structure and how to maintain its lifespan. Structural integrity, environmental factors, atmospheric elements, and maintaining aesthetics are all important factors that we evaluate very carefully, when working on a project. At UPE our highly qualified licensed designers, engineers and general contractors promises to ensure your investment is protected.

We believe it’s important to exhibit and maintain an open communication network, while working towards each of our client’s best interests, as well as everyone involved. We are committed to structural safety and serviceability, identify equilibrium conditions, resolve limitations and utilize preventive and corrective maintenance behavior. UPE is here to help accomplish each milestone of your project, together!

 

CARMELO GIGLIO
Owner
UNITED PROFESSIONAL ENGINEERING
carmelo@upefl.com
http://upefl.com
Office: 561-582-1733

 

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Florida Building Inspections By: Structural Engineering and Building Consulting firm – Joe DiPompeo, PE

Florida Building Inspections By: Structural Engineering and Building Consulting firm – Joe DiPompeo, PE

  • Posted: Jun 04, 2025
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Florida Building Inspections

Structural Engineering and Building Consulting firm

By: Joe DiPompeo, PE

Building inspections are a critical component of property management in the state of Florida. They help to ensure that buildings are maintained in good condition and meet building codes, which is essential for protecting both tenants and property owners.

First and foremost, building inspections are necessary to ensure that buildings are compliant with certain codes and regulations. In Florida, building codes are set by the Florida Building Code (FBC), which establishes standards for the construction, maintenance, and repair of buildings in the state. These codes cover everything from electrical and plumbing systems to fire safety and structural integrity. While most codes are applicable to the construction of the building, Florida has significant codes and requirements throughout the life of the building, such as structural and electrical recertification inspections. Failure to comply with these codes can result in fines, legal action, and even the closure of the building.

By conducting regular inspections, property managers can identify any issues that may be in violation of these codes and requirements and take corrective action before they become serious problems. For example, an inspector may find deteriorating structural concrete or issues with the electrical wiring. These issues can be addressed before they put the safety of tenants and the property at risk or become a larger, more expensive problem to fix.

In some places, such as Florida, there are mandatory ordinances which enforce regular building inspections. These inspections should be conducted by a certified Professional Engineer and then file a report with the local building department or and/or state. If these requirements are not met, the property owner or manager will receive a fine.

Furthermore, building inspections can also help property managers identify maintenance needs. Over time, buildings can experience wear and tear, and components can break down. By conducting regular inspections, property managers can identify these issues and take corrective action before they become more serious and costly to repair. This can help to extend the lifespan of the building and save money in the long run.

Moreover, building inspections are essential for protecting property values. Properties that are well-maintained and free of hazards are more attractive to tenants and can command higher rents and sale prices. Regular inspections can help to identify issues that may be causing damage to the building, such as water leaks or structural issues. By addressing these issues early, property managers can prevent further damage and ensure that the building maintains its value.

Finally, building inspections can also provide peace of mind for property owners and tenants alike. By knowing that the building is being regularly inspected and maintained, owners can be confident that their investment is being protected. Tenants, on the other hand, can feel reassured that they are living in a safe and well-maintained environment.

In conclusion, building inspections are a crucial part of property management in Florida. They help to ensure compliance with building codes and regulations, identify potential hazards, identify maintenance needs, protect property values, and provide peace of mind for owners and tenants. By conducting regular inspections, property managers can prevent serious problems from occurring and ensure that their buildings are safe and well-maintained and compliant with state and local requirements.

Structural Workshop

Structural Engineering and Building Consulting firm

754-277-4245

info@structuralworkshop.com

Contact us for an Inspection. 

 

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ASAP MAILBOX AND MORE Asks Clients & Customers to Check and Maintain Their Mailboxes During National Mailbox Awareness Week

ASAP MAILBOX AND MORE Asks Clients & Customers to Check and Maintain Their Mailboxes During National Mailbox Awareness Week

ASAP MAILBOX AND MORE Asks Clients & Customers to Check and Maintain Their Mailboxes During National Mailbox Awareness Week

With National Mailbox Improvement Week (May 18 – May 24), the U.S. Postal Service is encouraging customers to inspect, maintain, and upgrade their mailboxes to help ensure safe, secure, and efficient mail delivery.

“Customer’s mailboxes are the first point of contact for receiving birthday cards, letters, and important documents,” said Acting Postmaster and CEO Doug Tulino. “A well-maintained mailbox helps to ensure that every package and parcel makes it to its intended destination safely and efficiently.”

Each year, USPS designates the third week of May as Mailbox Improvement Week to encourage customers with box-on-post-delivery to examine and, where necessary, improve the appearance of their mailboxes. Through regular mailbox maintenance efficient mail delivery, enhanced neighborhood curb appeal, and improved postal service operations are better ensured.


ASAP Mailbox And More, Inc.

Professional mailbox installation and repair company servicing all Florida counties


Mailbox care tips

The Postal Service annually calls attention to Mailbox Awareness Week because of the wear and tear that occurs to mailboxes throughout the year. Some of the typical activities homeowners may need to do include:

  • Replacing loose hinges on a mailbox door.
  • Repainting a mailbox that may have rusted or has started to peel.
  • Remounting a loosened mailbox post.
  • Replacing or adding house numbers

Keeping security top-of-mind

USPS partners with the U.S. Postal Inspection Service to keep postal employees, the mail stream, and the American public safe, prevent incidents through education and awareness, and enforce the laws that protect our nation’s mail network.

Tips to secure your mail include:

  • Promptly pick up your mail: Try not to leave letters and packages in your mailbox or at your door for any length of time.
  • Report mailbox vandalism: If you see someone actively tampering with a mailbox, immediately report it to the police.

 

ASAP Mailbox and More, Inc. supplies and installs all types of residential curbside mailboxes and all styles of cluster box units ( CBU’s) We are a one-stop source for everything related to installing a new mailbox. From removal of the existing mailbox, to the installation of the new one in concrete, to the address numbering, we handle everything and provide our services in all Florida counties.


ASAP Mailbox And More, Inc.’s main facility is located in Cape Coral, Florida. From this main warehouse and fabrication location, we are able to sell and ship our mailboxes WITH INSTALLATION INCLUDED Nationwide in conjunction with our network of local dealers located in each county.

We take pride in living up to our name “ASAP” when it comes to handling mailbox installs and repairs for HOA’s, property managers and individual homeowners.

From providing complete Community mailbox and signage replacement to repairing a broken bracket for a homeowner, we always handle the project professionally and in a timely manner.

Jim Cahill-Owner
ASAP Mailbox And More, Inc.
Cape Coral, FL 33909
“Now Repairing and Installing Mailboxes In All Florida Counties”
Toll-Free: 877-ASAPMAILBOX  (877-272-7624)
 Local Phone: 239-262-1165
 

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Axela Technologies – Your Trusted HOA Collections Solution Platform 🌟

Axela Technologies – Your Trusted HOA Collections Solution Platform 🌟

Homeowners Association (HOA) collections can be a source of stress and anxiety for those who fall behind on their dues. Nobody wants to risk losing their cherished homes due to unforeseen financial challenges. But here’s some good news – there’s a better way!

🌟 Enter Axela Technologies – Your Trusted HOA Collections Solution Platform 🌟

We understand that life sometimes throws curveballs, and financial struggles can happen to anyone. That’s why we take a compassionate and understanding approach to HOA collections, unlike some attorneys who may resort to foreclosure threats.

📖 In our latest article, we dive into the stark differences between attorneys who may pursue foreclosure and Axela Technologies, your partner in HOA collections.

💡 So, what sets Axela apart?

✅ Compassion: We genuinely care about your situation and work to find solutions that fit owner’s needs.
✅ Understanding: We know that financial difficulties can be temporary, and we’re here to help owners get back on track.
✅ Communication: We believe in transparency and open dialogue to find the best resolution.
✅ Avoid Foreclosure: Our goal is to prevent foreclosure threats and help you keep people in their homes!

Learn how to ease the burden and provide peace of mind during challenging times.


We Know Community Associations

Specialized Collection Solutions for Condos & HOAs

Take Control of Your Accounts Receivables

If your community association is suffering from high delinquency rates and long recovery times for delinquent fees, it’s time to take a proactive approach to community association collections.

The Consequences of Poor Collection Practices

When members of your HOA or Condo association pay late or have decided not to pay their fair share, it causes problems for everyone. Legal fees and dissent between the board and community members are just the start. A long-term pattern of delinquencies can affect your community’s ability to become approved for government loans for new owners, or to get loans for capital improvements.

There is an alternative to a legal process of lien and foreclosure. A  collections process is the best alternative to foreclosure.

A Better Way to Manage Delinquencies

Axela-Technologies is dedicated to helping create streamlined accounts receivable and collections tools for management companies, condo and homeowners associations and others in the real estate industry. We work with you to get a jump on recovering delinquent funds quickly, painlessly and ethically.

 

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Preparing for Extreme Heat: The New Natural Disaster by Donna DiMaggio Berger of Becker

Preparing for Extreme Heat: The New Natural Disaster by Donna DiMaggio Berger of Becker

  • Posted: Jun 04, 2025
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Preparing for Extreme Heat this Summer: The New Natural Disaster

by Donna DiMaggio Berger / Becker

The word “hot” has many connotations: it can reveal anger when you say someone is “hot around the collar”; it can invoke personal appeal or desirability “he’s so hot”; it can refer to a disorganized person or situation, hence the description as “a hot mess”; and can also be used to describe an emotional issue or topic as a “hot button”. However, since the earliest of times, the word hot has been used to describe the temperature and we’ve been hearing this word a lot lately in many parts of the US given the ongoing heat waves. More than 61,000 people died because of the heat waves that swept the European continent. We won’t know for some time how many US fatalities have occurred due to our extreme heat during the summer.

Extreme heat can cause dehydration, heat exhaustion, exacerbation of existing medical and mental health conditions, respiratory distress, and heatstroke. Dehydration can cause dizziness, fatigue, and muscle weakness. Heat exhaustion may result in heavy sweating, nausea, headache, rapid heartbeat, faintness, and muscle cramps. Extreme heat can more greatly affect people with underlying respiratory, cardiovascular and kidney disorders with extreme heat being tied to an increased risk of heart attacks or other cardiovascular events. Heatwaves have also been linked to diminished air quality in urban areas which can worsen respiratory conditions such as asthma. Lastly, extreme heat can impact mental well-being, leading to irritability, mood swings and difficulty concentrating, all of which can make communal living more stressful.

Dealing with extreme heat events in a multifamily building, especially for those on fixed incomes, can be challenging. What should your association board and management team be doing in response to an extreme heat event? Certainly, including preparation for heat waves into your emergency disaster plan is recommended. The following are some items you may wish to consider:

  • If your association has employees, work with counsel to review your employee guidebook particularly for employees whose work requires them to be outdoors. For those employees, you will want to be sure that they have access to plenty of water throughout the day to stay hydrated and replace fluids lost through perspiration. If those employees are required to wear a certain uniform that is not well suited to an extreme heat event, you should consider an alternate uniform for extreme heat event. You may also want to be confirm that your outside vendors who provide services outdoors have provided adequate water and protection from the sun for their workers.
  • Create shade around the building by using umbrellas, awnings, or strategically placed vegetation to reduce the impact of direct sunlight. Bear in mind that some of these shade additions may require advance membership approval.
  • Revisit any architectural control guidelines you have in place which may restrict or prohibit the use of fans on patios, balconies and lanais. Fans are used to circulate air and can create a cooling effect. Consider how curtains, blinds and blackout shades may reduce the temperature inside units particularly if a unit owner is not running the AC at reasonable temperatures. Allow people to close their blinds and/or their hurricane shutters during the day to block out direct

    sunlight and prevent heat from entering the living space.
  • Consider limiting daytime hours of play for outdoor tennis and pickleball courts as well as any other outdoor recreational areas when temperatures are soaring. Installing thermometers on the common areas may also help remind your residents about climbing temperatures.
  • Consider purchasing a whole building generator if you don’t already have one. In the event that increased electric demands during a heat wave cause a blackout or brownout that generator may save lives in your building. Naturally, a generator will also help in the aftermath of a windstorm which knocks out electricity.
  • Check in with your residents who may be living alone and dealing with physical or mental health challenges as well as economic burdens. These residents may not be running their A/C as often or at a

    temperature that is needed for their wellbeing. This is also the time to confirm that you have emergency contacts for your residents.
  • Reach out to local community organizations, social services, or government agencies that provide assistance during extreme weather events. They may offer cooling centers, fan distribution programs, or other resources for your residents.

The strategies your board and management team use in response to an extreme heat event depends, in large part, on your building’s location and infrastructure as well as the available monetary and personnel resources. However, there are some basic steps all associations can take to educate their residents about the dangers of extreme heat. The phrase, “we’re having a heat wave” doesn’t have to spell disaster in a well-prepared community.

For additional information please listen to my podcast conversation with Jane Gilbert, Miami-Dade’s Chief Heat Officer which can be found here.


 

 Donna DiMaggio Berger is a Shareholder with the Becker law firm, is Board-certified, is a Fellow with the College of Community Association Lawyers (CCAL) and is a keynote speaker and the host of the popular Take It To The Board podcast on association issues.

Donna DiMaggio Berger is a Shareholder in Becker’s Community Association Practice in Ft. Lauderdale, Florida. She 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. She is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

As Founder and Executive Director of Becker’s Community Association Leadership Lobby (CALL), Ms. DiMaggio Berger has led various community association advocacy initiatives, working with legislators and other public policymakers on behalf of those who live, serve, and work in common interest ownership communities. She has testified before the Florida Legislature regarding community association law and frequently appears on radio talk shows and in print media discussing these issues.

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Don’t let a natural disaster catch your community off guard! Take charge and be prepared!

Don’t let a natural disaster catch your community off guard! Take charge and be prepared!

The coastal Northeast is experiencing a concerning trend of heating at a faster rate compared to other regions in North America. Researchers have identified a strong correlation between the accelerated warming and the rapidly increasing temperatures in the North Atlantic Ocean and increasing storm intensity. Natural disasters such as hurricanes, tornadoes and coastal flooding can strike at any moment, leaving communities devastated and in need of immediate assistance. It is crucial for communities to be prepared in order to minimize the impact of these disasters and ensure the safety of their residents.

Preparing your community for a natural disaster is crucial to minimize damage, save lives, and facilitate a swift recovery. Here are a few steps to assist with your preparation:

Assessment and Planning:

  • Identify the types of natural disasters that are common in your area, such as earthquakes, hurricanes, floods, wildfires, or tornadoes.
  • Conduct a thorough risk assessment to understand the potential impact of these disasters on infrastructure, buildings, and residents.
  • Collaborate with professionals to create a comprehensive disaster preparedness plan.
  • Make sure that the community has backed up records of their site plans, architectural and structural drawings, as this can greatly assist in the post disaster assessment and recovery process.

Initial building evaluation performed based on the severity of the storm/event:

  • The degree of safety & habitability of the subject building is not always obvious. If there is any doubt or question that there may be structural or building envelope damage to a building, call you Professional Engineer or Architect and have an evaluation performed.
  • In some instances, you may be required by your local municipality to have your professional assist with stabilizing the structure before parties can enter the structure to collect personal belonging that may remain.

Communication and Engagement:

  • Establish a reliable communication system to disseminate information before, during, and after a disaster. This can include email, social media, or text alerts.
  • Designate community leaders or volunteers responsible for communicating updates and instructions.

Contact Insurance:

  • It can take a while to get adjusters to scene following an event. Be sure to take before, during and after photos of any damage that occurred.

Post-Disaster Recovery:

  • Establish a recovery plan that includes damage assessment, debris removal, and restoration of essential services.
  • Plans and specifications may be required to repair or reconstruct the building, depending on severity.
  • Code requirements can impact the work based on if it is classified as repair vs reconstruction. This needs to be carefully reviewed and considered as insurance carriers may try to exclude some of the necessary work, so the Architect or Engineer needs to be well versed on preparing plans for this type of work.

Remember, disaster preparedness is an ongoing effort. Regularly review and update your plans based on new information, changing community demographics, and emerging technologies. By taking proactive steps, you can help your community minimize the impact of natural disasters and ensure a more resilient future.

Contact our team for more information how to be proactive! 

The Falcon Group
Miami
15405 NW 7th Avenue in Miami, FL 33169
ph: 305.663.1970 x509
info@falconengineering.com
 
WEST PALM BEACH, FLORIDA
5651 Corporate Way, Suite 4, West Palm Beach, Florida 33407
Phone: 561-290-0504
info@falconengineering.com
 

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A Milestone Condominium Structural Inspection is a structural inspection performed by licensed engineers like EMA Structural Forensic Engineers of a building conducted for the purposes of determining a buildings’ life safety and structural component integrity or adequacy.

A Milestone Condominium Structural Inspection is a structural inspection performed by licensed engineers like EMA Structural Forensic Engineers of a building conducted for the purposes of determining a buildings’ life safety and structural component integrity or adequacy.

 

Condominium Structural Safety Inspections

Florida Laws now require all 3 stories or taller buildings to undergo Condominium Structural Safety inspections. EMA Structural Forensic Engineers can help you fulfill your needs to comply with the new laws.

Structural Engineers

 

 

Local Condos Failing to Comply with New Milestone Inspections Law

Local Condos Failing to Comply with New Milestone Inspections Law

Recent reporting by the Sun Sentinel chronicled how 124 condominium buildings, representing approximately 25,000 residences in unincorporated Palm Beach County, failed to submit their milestone inspection reports by the end of 2024 as required under the new Florida law.

The circumstances described in the article are possibly playing out in other jurisdictions throughout the state in light of the recent passing of the December 31, 2024, deadline by which many residential condominium and cooperative buildings of three stories or more throughout the state were required to have completed their milestone inspections and reports. The article indicated that Palm Beach County officials are now strongly urging the representatives of those communities to submit the required inspection paperwork as soon as possible.

The Florida law, which was enacted in response to the 2021 tragedy of the building collapse in Surfside, required associations for many residential condominium and cooperative buildings 30 years or older and with three or more stories to have filed an inspection report detailing necessary structural building maintenance and required repairs by December 31, 2024 (with the balance of such buildings having to do so by December 31, 2025, depending upon when they reached 30 years of age). During the first phase of the required milestone inspection, a state-licensed architect or engineer must examine the building to assess the condition of its main structural elements. If no repairs are needed and the building passes, the next milestone inspection is due in 10 years.  For buildings in which deterioration is detected, a second phase of inspections is subsequently required to take place within the ensuing 180 days, but that timeframe can be extended if extra time is deemed necessary.

Unfortunately, some condominium and cooperative associations required to have complied failed to do so, citing factors which include a lack of funds to perform such inspections, unavailability of qualified professionals to timely perform the inspections and reports, or a general misunderstanding as to the need to comply with the required inspections. Elected and other governmental officials seem to be struggling with the best approach to compel compliance, given that stakeholders in many communities are complaining about the burdens being imposed upon them due to the inspection requirements as well as the newly enacted structural integrity reserve funding obligations, installation or upgrades of bi-directional amplification systems for emergency responders, and the need to fund costly property insurance premiums also required by state law.

The newspaper quotes Palm Beach County officials illustrating that their objective is to make sure buildings are maintained and repaired, and indicating they are neither looking to “kick people out of their houses” nor “to basically knock down buildings.”

The story indicates that in unincorporated Palm Beach County, more than 500 buildings were supposed to have filed their milestone inspection, but almost a quarter of them failed to do so. The recent reporting found that more than 100 buildings in the county have entered into the second phase of inspections, and more than 200 remain under review under the first phase.  For the 124 properties that have not yet provided any milestone-inspection information, county officials say they remain in the dark about the state of those buildings.

As we continue to move past the inspection and reporting deadline, and approach the deadline for the remainder of buildings required to comply, local governmental officials will wrestle with the best approaches to enforce compliance with the requirements.  Some authorities may opt to begin enforcement with a notice being sent out to remind association registered agents and directors that they are not yet in compliance, steering clear of immediately imposing fines or other penalties. However, other authorities may feel that optimal compliance with the inspection and reporting requirements may not be likely to be achieved without the threat of fines or similar measures.

The recent article further mentioned that along with potential fines, the commissioners and other officials also discussed the use of new signage to be posted at the buildings alerting residents to the fact that the structure has not yet been inspected, as well as the issuance of noncompliance notices to be distributed to all the board members.

For residential condominiums and cooperatives that do not undergo the required inspection, the potential consequences could include difficulty in obtaining insurance renewals along with increased premiums. They could also face potential legal action from their owners, who could find themselves unable to sell their residences and seeking remedies for any decreases in property values that may ensue. Ultimately, the associations for such communities may be forced to increase their assessments in response to these repercussions and any fines that may be imposed.

Our firm strongly recommends that all the associations for residential condominium and cooperative communities that have not already complied with these new requirements for milestone inspections make them an immediate priority and take all reasonable actions necessary to complete the initial phase and file the necessary report to their corresponding building department as soon as possible.

by ROBERTO BLANCH, SIEGFRIED RIVERA


Find engineers for your Inspections.

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Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller.

Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller.

Many engineering firms do not offer residential services. But United Professional Engineering (UPE) does.

We understand the residential market and the homeowner and we value their business. Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller.

 

Residential Structural Inspections

Many engineering firms do not offer residential services. At UPE, we understand the residential market and the homeowner. We value their business and our team is proud to service this sector. Most of the work that we perform for residential homeowners begins with an onsite engineering assessment. Our licensed, structural engineers make a site visit to the property. We survey the areas of concern and assess the severity of the structural problems in question.

After a site investigation is conducted, our structural engineers prepare a structural engineering report outlining onsite findings, identifying probable cause of the structural issue and recommendations for remediation of any structural deficiency uncovered. We provide our clients with a photograph log documenting existing conditions at the time of the site visit. Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller. Give us a call today!

 


United Professional Engineering (UPE)

Provides a unique “one-stop-shop” for all your structural engineering needs in Palm Beach and Broward County. Our South Florida area founded firm has been in business since 1999 and we have a diverse team; from licensed designers and structural engineers to inspectors and general contractors. For that reason, our projects range from designing and restoration to structural inspections and more!

We understand how valuable your time is and we are committed to providing our industry leading expertise to your next project. Our team welcomes any and all challenges to ensure a smooth and cost effective project for all our clients and everyone involved. Your journey with us is important, and we take pride in making it memorable!

At UPE, we understand it is hard to find a service provider you can trust and count on and we are here to change that.

Today, one of the largest investments is building a structure and how to maintain its lifespan. Structural integrity, environmental factors, atmospheric elements, and maintaining aesthetics are all important factors that we evaluate very carefully, when working on a project.

Our highly qualified licensed designers, engineers and general contractors promises to ensure your investment is protected. We believe it’s important to exhibit and maintain an open communication network, while working towards each of our client’s best interests, as well as everyone involved.

We are committed to structural safety and serviceability, identify equilibrium conditions, resolve limitations and utilize preventive and corrective maintenance behavior. UPE is here to help accomplish each milestone of your project, together!

Give us a call today!
📱(561) 582-1733
💻 upefl.com

Find us on the Members Directory on SFPMA.com

LinkedIn:  Find us on LinkedIn

 

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The Florida Legislature just passed a 191-page bill that brings major changes for condo associations—especially when it comes to reserve funding.

The Florida Legislature just passed a 191-page bill that brings major changes for condo associations—especially when it comes to reserve funding.

FLORIDA LEGISLATURE GOES OUT WITH ONE BIG BILL FOR CONDOS

The Florida Legislature ended in a real blockbuster way in regards to new condo legislation.  In the end The Florida House and The Florida Senate agreed on ONE BIG BILL that is 191 pages long.  It passed the Senate unanimously and in the House there were only 2 opposed.  Obviously, we can’t talk about the entire contents of the bill in one blog.  It will take several, but today let’s discuss the big RESERVE FUND CHANGES.

As we know………….In 2021, The Champlain Towers collapsed in Surfside, killing 98 innocent men, women and children.  After that collapse The Florida Legislature did the right thing and for the first time, mandated that Florida condominium owners contribute toward funding a reserve account each year.  The vote was 110-0. 

Well…..that vote didn’t hold up to some extent.  Now, you can pay reserve funds by taking out loans, and in some circumstances you don’t have to pay reserves at all.  Let’s explain.

RESERVES BEING PAID BY LINES OF CREDIT

The Bill will allow funding reserves by using lines of credit. 

So year one you take out a line of credit to fund reserves.  You have to start paying it back with interest immediately, over a few years.

Year two you take out another line of credit to fund reserves……NOW YOU HAVE 2 LOANS WITH INTEREST

Year three you take out another line of credit to fund reserves…….NOW YOU HAVE 3 LOANS WITH INTEREST.

And this would now be allowed to go on year after year after year. 

As I previously wrote,  THIS IS LIKE PAYING YOUR MONTHLY CONDOMINIUM ASSESSMENTS BY USING A CREDIT CARD. 

AND………………….The money in reserves will eventually be used to pay for repairs, but all of these lines of credit  still need to be repaid each month.  It will be a never-ending process.  A never ending loan that all of the owners will have to re-pay with interest.  Eventually, the monthly payments will far exceed what the payments would have been if everyone was simply required to pay what the reserves required in the first place.   This is playing with fire and condominium owners will forever be in debt.  Count on it.

INVESTMENT OF RESERVE FUNDS

The Florida Legislature did agree with a blog we posted two weeks ago and which would have allowed reserve funds to be invested anywhere.  But as we stated – that was a bad idea and would have required an investment committee as well.

So the new law states:

A board shall, in fulfilling its duty to manage operating and reserve funds of its association, use best efforts to make prudent investment decisions that carefully consider risk and return in an effort to maximize returns on invested  funds.

(b) an association, including a multicondominium association, may invest reserve funds in one or any combination of certificates of deposit or in depository accounts at a community bank, savings bank, commercial bank, savings and loan association, or credit union without a vote of the unit owners.

A good bill – but it does leave open the question…..Suppose you do get the vote of the owners……can the owners vote to put the reserves in the stock market?   I don’t know.

AND HERE IS THE OTHER MASSIVE SURPRISE WHEN IT COMES TO RESERVE FUNDS

The new bill states:

For a budget adopted on or before December 31, 2028, (so this includes the association’s 2029 budget) if the association has completed a milestone inspection within the previous 2 calendar years, the board, upon the approval of a majority of the total voting interests of the  association, may temporarily pause, for a period of no more than two consecutive annual budgets, reserve fund contributions or reduce the amount of reserve funding for the purpose of funding repairs recommended by the milestone inspection. An association that has paused reserve contributions under this subparagraph must have a structural integrity reserve study performed before the continuation of reserve contributions in order to determine the association’s reserve funding needs and to recommend a reserve funding plan.

SO TO BE VERY CLEAR HERE……….THIS ONLY APPLIES TO ASSOCIATIONS THAT HAVE HAD THEIR MILESTONE INSPECTION, MEANING THEIR 25, 30, 35, 40, 45 OR 50 YEAR INSPECTION) WITHIN THE PREVIOUS 2 CALENDAR YEARS.  THIS DOES NOT MEAN THAT STARTING IMMEDIATELY, EVERY CONDO GETS TO PAUSE RESERVE FUND CONTRIBUTIONS FOR TWO YEARS.  THAT IS NOT WHAT THIS NEW LAW IS SAYING……. YOU ONLY GET TO PAUSE RESERVE FUND CONTRIBUTIONS FOR UP TO TWO YEARS, IF YOU HAD YOUR MILESTONE INSPECTION WITHIN THE LAST TWO YEARS.

AND THIS IS BEING ALLOWED IN ORDER THAT YOU HAVE THE FUNDS AVAILABLE TO MAKE THE REPAIRS REQUIRED BY THE MILESTONE INSPECTION.

In all honesty, this is not as bad as I originally thought it to be.  It gives owners the ability to make and pay for the necessary repairs while not simultaneously paying reserves —– but only for a two year period.

BUT I’M GOING TO GET A MILLION CALLS AND E-MAILS ASKING ME IF IT’S TRUE THAT WE DON’T HAVE TO PAY RESERVES IN OUR CONDOMIINIUM FOR THE NEXT TWO YEARS…….AND MY ANSWER IS GOING TO BE………..

ONLY IF YOU HAD YOUR MILESTONE INSPECTION WITHIN THE LAST TWO YEARS.

Again, this bill is massive.  We only scratched the surface.  Over the next few weeks, we’ll let you know what else is in the bill and we’ll let you know if Governor DeSantis signs it into law.

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