There are certain years that are more defining than others. Certain years that stand out. Well, if you live in a Florida condominium, 2025 will be that year. To understand why, we have to pay respect to another year that stands out more than any other ever will, and that is 2021, the year the Champlain Towers collapsed in Surfside, Florida killing 98 innocent men, women and children.
As a result of 2021, and The Florida Legislature’s promise to Floridians that another Surfside will never happen again, massive legislation was passed requiring mandatory inspections, mandatory repairs, mandatory education for Board members and perhaps the most important and controversial new law, the requirement to fund reserves for your condominium that is 3 stories or taller, based upon a Structural Integrity Reserve Study that needed to be prepared by an architect, engineer or someone with CAI credentials and completed by December 31st, 2024.
If you didn’t do it yet —– you’re late and in violation of Florida law.
Think about this…….any condominium budget you will ever pass again must include mandatory reserves based upon the results of that structural integrity reserve study. Here’s the new law:
For a budget adopted on or after December 31, 2024, the members of a unit-owner-controlled association that must obtain a structural integrity reserve study may not determine to provide no reserves or less reserves than required by Your Structural Integrity Reserve Study.
Here’s what a structural integrity reserve study is and how often it must be performed:
(g) Structural integrity reserve study.—
1. A residential condominium association must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height, as determined by the Florida Building Code, which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:
a. Roof.
b. Structure, including load-bearing walls and other
primary structural members and primary structural
systems as those terms are defined in s. 627.706.
c. Fireproofing and fire protection systems.
d. Plumbing.
e. Electrical systems.
f. Waterproofing and exterior painting.
g. Windows and exterior doors.
h. Any other item that has a deferred maintenance
expense or replacement cost that exceeds $10,000
and the failure to replace or maintain such item
negatively affects the above items as determined
by the visual inspection portion of the structural
integrity reserve study.
Yes – for those condo associations that have ignored funding reserves for years or decades — your bill has come due. And it’s going to be expensive. For those of you who thought it was a bad idea to put away money for a rainy day because you might not be alive at that time —- I guess the bad news is —–YOU LIVED!
If your fire alarm system starts sounding like a horror movie sequel, it’s time for you to take action.
Sure, being reminded of danger with sporadic false alarms might make for some good Sunday afternoon entertainment – but do you want your guests running out scared all the time? We don’t think so, which is why we’ve put together this guide on how to know when your fire alarm system needs repair!
Whether you need a new battery or just some help troubleshooting the cause of those pesky alerts, we have your back. Read on and prepare for peace of mind (and less screaming)
Premier Fire Alarms and Integration Systems Installation Division offers Miami’s best fire alarm systems repair. Our top-notch services help protect your family and business in a fire. Forget about unheard or unattended alarms, and let our experts monitor your system 24 hours a day, seven days a week!
When protecting your family and your property from fire, you must always keep your fire alarm system in good working order. Regular maintenance and system checks are essential to ensure your fire alarm functions correctly.
Here are a few signs that indicate your fire alarm system needs repair:
False Alarms
Various issues with the system components, such as a broken smoke detector, faulty wiring, or damaged sensors, can cause false alarms. If false alarms occur regularly, it’s likely time for your fire alarm system annual inspection.
Flashing Lights
Flashing lights on your fire alarm panel are an indication that there is something wrong with the system. Suppose these lights persist after performing the recommended reset procedure from the manufacturer. In that case, it’s time to call for professional assistance from a fire alarm service and inspection company in Miami Dade.
System Malfunction
If your fire alarm isn’t responding appropriately when tested or during an emergency, this could be evidence of a malfunction in one or more components within the system. It is also time to contact a commercial fire alarm company to diagnose and repair any malfunctioning parts or replace them if necessary.
Age of the System
Even if everything seems to be functioning normally, it’s important to remember that all electrical systems have an expiry date which varies depending on how often they are used and their quality.
If all other tests reveal no significant problems, but you know you installed your current system many years ago, consider replacing it with newer technology. Due to age, outdated systems may not provide adequate protection against fires.
A fire alarm installation in Miami-Dade County can help with this.
Contact Us Today!
By being aware of these signs indicating potential repairs needed for your fire alarm system, you can avoid any issues before they become severe emergencies.
Finding the best fire alarm systems repair company is the first step. They will come to inspect and diagnose all possible problems promptly and efficiently, so you don’t have to worry about exposing yourself to potential danger caused by faulty equipment!
Premier Fire Alarms & Intergration Systems is the best fire alarm systems repair company. We have modern and reliable methods and serve the entire Florida area. Please reach out to us to discuss our given services:
WHEN IT COMES TO FIRE ALARM SYSTEMS & INSTALLATION, YOU CAN COUNT ON OUR EXPERTS TO METICULOUSLY DESIGN, INSTALL, MONITOR, AND MAINTAIN ALL THE CRITICAL SYSTEMS THAT KEEP YOU AND YOUR ASSETS SAFE.
For four generations, the name Sarasohn has been synonymous with the highest levels of integrity and expertise in the field of insurance adjusting.
Emmanuel Sarasohn founded his public adjusting business in 1924 in Newark, NJ. His sons, Ira and Roy, grew up in the family business and came on board full time after college and the army.
In 1951, Ira Sarasohn was one of the founding members of the National Association of Public Insurance Adjusters. Ira and Roy would both later serve as president of that esteemed organization.
Ira J. Sarasohn took over the helm of Sarasohn & Company after his father’s passing. In 1970, Stephen Sarasohn joined the firm in NJ, but he settled in Florida a few years later. In 1985, both Ira and Stephen helped found the Florida Association of Public Insurance Adjusters. After 72 years of public adjusting, Ira J. Sarasohn passed away in 2006 with many active files on his desk. In 2018, Bernard Sarasohn joined the firm as a licensed public adjuster.
Stephen Sarasohn is now CEO of Sarasohn & Company and he maintains the same high standards as his predecessors. Sarasohn & Company, Inc. is based in Boca Raton, FL but is licensed to handle claims in other states as well.
Building Claims
In order to properly adjust any claim for damage to a structure, it is important to prepare a detailed repair estimate. Sarasohn & Company will do that on your behalf. Whenever necessary, we will employ the services of architects, engineers, contractors and other independent experts at no additional cost to you.
Full consideration is given to the provisions of your policy, as well as applicable statutes and case law, so as to maximize the recovery. This includes consideration of depreciation, coinsurance, code upgrades, deductibles and any other factors important to a successful adjustment. Sarasohn & Company is also equipped to provide project management for the reconstruction process. Project management is a field used in large construction projects to coordinate the various aspects of the repairs. This service is provided at no additional cost.
Personal Property Losses
All insurance policies require the submission of a complete inventory of both the damaged and undamaged personal property. This includes machinery, trade fixtures, appliances, merchandise inventory, household furnishings, clothing and all other movable property insured under the policy. This coverage also covers improvements and betterments on tenants’ policies, which can be treated several ways for claims purposes.
Sarasohn & Company has on its staff, experienced personnel who are capable of filling these requirements. In addition to listing the property involved, our experts will calculate the replacement cost and actual cash value of each item as well as the repair cost when appropriate. We will determine salvage value, if any, and help arrange for protection of the property from further damage, as required by the policy. Our services can be helpful in documenting your tax loss, if any.
Loss of Income Claims
One of the most complex aspects of your claim involves calculating the loss of income you will suffer as a direct result of damage to real or personal property. Sarasohn’s long term experience has helped to develop a team of forensic accountants who have proven to be outstanding in their ability to adjust claims in a way most favorable to the policyholder. The services of CPA’s and tax attorneys are engaged when necessary, at no additional cost to you.
One of the questions that usually arise in a loss of income claim involves the continuation of payroll during the period of restoration. It is extremely important that a method be established as soon as possible after the loss, to resolve this aspect of the claim. Sarasohn & Company, with its years of experience will assist you with these important decisions. Extra expense coverage can be used creatively to make up for insufficient property coverage, should that scenario exist.
Sarasohn & Company –
Public Insurance Adjusters since 1924
Do you have a residential or commercial property in Florida, Georgia, Texas, North Carolina or South Carolina? The public adjusters at Sarasohn & Company are experts at maximizing your insurance claim recovery. We don’t get paid unless you do!
Most states license all insurance adjusters, whether they work for an insurance company or for the public. Adjusters working for the insurance companies are obligated to treat all claimants fairly and impartially. However, they are paid by the insurance companies for their efforts. The state recognizes that you, the policyholder, are entitled to equal representation and you may retain the services of an expert adjuster to assist in the claim process. Sarasohn & Company can assist in preparing your claim, guiding you through the claim process and helping to achieve the most favorable settlement. In addition to numerous state licenses, Stephen Sarasohn has held the nationally recognized designation of Senior Professional Public Adjuster since 1988.
Stephen Sarasohn SPPA stephensarasohn@gmail.com Public Adjusters since 1924 www.sarasohn.net 561-368-5000 office 561-866-3589 cell
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!
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!
Vail Marketing Solutions provides everything from a full branding overhaul and business development program to a specific marketing project or campaign.
In today’s fast-paced and highly competitive business landscape of the AEC industry, having a comprehensive marketing strategy is essential for success. Whether you’re just getting started building a marketing department, or an established firm looking to rebrand and increase sales, Vail Marketing Solutions offers a one-stop solution to all your marketing and business development needs. VMS has a strong background of construction industry knowledge coupled with their “Complete Marketing Experience,” to provide a holistic approach to elevate your brand and maximize your reach.
Here’s a closer look at the array of services Vail Marketing Solutions brings to the table:
Strategic Planning
At the heart of every successful marketing campaign lies a well-thought-out strategy. Vail Marketing Solutions works closely with clients to understand their goals, target audience, and market dynamics, crafting customized strategies tailored to drive results.
Website Development
Your website is often the first point of contact for potential customers. Vail Marketing Solutions specializes in creating responsive, user-friendly websites that not only look great but also convert visitors into customers.
Content Creation & Copywriting
Compelling content is key to engaging your audience and building brand credibility. Vail Marketing Solutions boasts a team of talented writers who excel at creating captivating content across various platforms, from blog posts and articles to website copy, email and social media campaigns.
Graphic Design
Visual appeal plays a crucial role in capturing the attention of your audience. With Vail Marketing Solutions’ expert graphic designers, you can expect stunning visuals that effectively communicate your brand message, captivate your audience, and stand out among your competitors.
Brochures & Advertising
Whether it’s print or digital advertising, Vail Marketing Solutions helps you create eye-catching brochures and ads that stand out from the crowd and leave a lasting impression on your target audience.
Video Marketing, Drone, & Photography
Visual storytelling is a powerful tool for engaging customers and conveying your brand’s personality. Vail Marketing Solutions offers comprehensive video production services, including drone footage and professional photography, to bring your brand and project profiles to life.
Social Media
In today’s interconnected world, social media is an indispensable marketing tool. Vail Marketing Solutions helps you harness the power of platforms like Facebook, Instagram, YouTube, and LinkedIn to connect with your audience, build brand awareness, and drive engagement.
Email Marketing
Effective email marketing campaigns can nurture leads, drive conversions, and foster customer loyalty and engagement. Vail Marketing Solutions helps you create personalized email campaigns that resonate with your audience and deliver measurable results.
Digital Marketing & SEO
With expertise in digital marketing strategies and search engine optimization (SEO), Vail Marketing Solutions ensures that your brand gets noticed online. From pay-per-click advertising to organic search optimization, they employ cutting-edge techniques to boost your online visibility and drive traffic to your website.
Event Marketing & Tradeshows
Whether you’re hosting a corporate event or participating in a tradeshow, Vail Marketing Solutions helps you make a memorable impact. From pre-event promotion to onsite branding and post-event follow-up, they handle every aspect of event marketing to ensure success.
Tradeshow Display Design
Stand out in a crowded tradeshow hall with captivating booth designs that attract attention and drive foot traffic. Vail Marketing Solutions creates custom tradeshow displays that effectively showcase your brand and leave a lasting impression on attendees.
Presentations & Proposal Packages
From client presentations to branded proposal documents, Vail Marketing Solutions helps you communicate your ideas effectively and persuasively. Their team creates professional presentations and proposal packages that stand out from the competition to win more business.
Business Development & Sales Consulting
Beyond marketing, Vail Marketing Solutions offers strategic business development and sales consulting services to help you identify opportunities for growth, expand your market reach, connect with potential clients, and increase revenue.
Vail Marketing Solutions goes above and beyond traditional marketing agencies by offering the AEC industry a comprehensive suite of services designed to meet all your marketing needs under one roof. Whether you’re looking to launch in a new market, revamp your brand image, or simply enhance your online presence, they have the expertise and resources to make it happen. So why settle for piecemeal solutions when you can experience the complete marketing package with Vail Marketing Solutions?
A slow-motion crisis is unfolding in Florida’s condo market, threatening to upend the state’s image as a haven for retirees and reasonably priced beach living.
Owners of the state’s older condos are bracing for steep special assessments, while racing to sell their homes and receiving only tepid buyer response.
Amid a property market that’s still vibrant for nearly every other segment, Florida’s aging condominiums are losing value. And nearly 1,400 buildings are now blacklisted from receiving mortgage financing, making those apartments an even-tougher sell.
Thousands of Florida condo units face special repair assessments which are making them difficult to sell — and causing them to lose value quickly. oldmn – stock.adobe.com
At the heart of this turmoil is a basic reality: Florida’s aging condo buildings desperately need repairs, and state officials are forcing them to assess (and pay for) those long-overdue upgrades.
Under a law enacted after the tragic 2021 collapse of Champlain Towers South in Surfside, which saw 98 people lose their lives, condo boards may no longer defer major structural improvements to another day — or decade. The “Building Safety Act” required every condo tower in Florida aged 30 years or older to complete a structural integrity study by the end of 2024, to get a full grasp of what problems need fixing.
This year, the tab for those repairs comes due. Condo boards must now set aside funds to fix the issues found in those studies — from concrete restoration to balcony overhauls. And the assessments on individual condo owners are looking both pricey and unsettling.
“You’re going to see a massive reduction in the value of these buildings based on these giant special assessments and the work that has to be done,” said Orest Tomaselli, CEO of Strategic Inspections, which advises condo boards nationally on how to shore up their reserves.
In Florida buildings he’s worked with, Tomaselli has seen special assessments as low as $250 per month, to a property that levied $2,500 per month, per unit owner, for a three-year stretch.
The assessments result from inspection and repair mandates stemming from the 2021 Surfside building collapse that killed 98 people. AP
“There are real people in these units that may be displaced,” Tomaselli said of the assessments, “that may lose their nest egg and may lose tremendous amounts of value in their units.”
”At Aventura’s Mediterranean Village, a waterfront condo complex with a marina out front, unit owners were hit with six-figure special assessments last year, some as high as $400,000, according to published reports.
At Miami’s Cricket Club, a 50-year-old waterfront tower burdened with $134,000 special assessments per condo, 23 of the building’s 217 condos are currently for sale, according to brokerage Compass. In a Miami market where the median condo price was $445,000 in the fourth quarter of last year, condos at the Cricket Club are seeking buyers with prices as low as $220,000 for a 1,950-square-foot two-bedroom on the 19th floor. (The owner initially sought $330,000).
The Summit Towers in Hollywood, FL is facing a $56 million assessment. Google Maps
Meanwhile, at Summit Towers in Hollywood, a building-wide special assessment of $56 million led to the ousting of four board members in a January election, in favor of new members who promised “a more moderate approach” to building up reserves, said Amy Greenberg, a broker and resident of the building with several listings there.
“A lot of people moved here to be able to retire and live their life here, and they’re on fixed incomes,” said Kathleen DiBona, a 50-year resident of Hollywood who serves as president of the Hollywood Beach Civic Association. “They’re having a difficult time being able to manage all that’s coming and hitting them.”Many owners whom DiBona knows in Hollywood, a city dotted with older towers, are seeking to off-load units with little success. Others, she said, have dropped insurance coverage for their condos so they can manage to pay their special assessments.
Failure to pay these assessments will impact more than just the individual owners who can’t afford them. If 15% of unit owners in a building default, the entire property could become ineligible for mortgage financing, according to Tomaselli of Strategic Inspections.
“What happens if nobody can get a loan to buy a unit in your building?” says Joseph Hernandez, a Miami-based partner in the real estate group of law firm Bilzin Sumberg. “It essentially makes the units in your building unsaleable and it makes the value of those units go down.
“We may see a lot of condo projects go into distress.”
Some could already be getting close. In February, Fannie Mae, the national mortgage finance agency, updated its running list of “unavailable” US condo buildings, meaning they are no longer eligible for mortgage financing. Of the 4,885 buildings currently on the list, 29% are located in Florida, the highest share of any state. The top reason: “critical repairs or deferred maintenance,” according to a person familiar with the roster.
One newly flagged example is 4000 Island Blvd., a 32-story condominium in Aventura’s exclusive Williams Island, which was built in 1985 and added to Fannie Mae’s no-lending list in January. At least 24 unit owners are trying to sell, according to Compass. Barry Sytner, the condo board’s president, called the building’s inclusion on Fannie Mae’s list “incorrect,” noting that the property just secured a bank loan commitment to cover expenses tied to its 40-year inspection.
There are roughly 1.1 million condo units in Florida that are 30 years old or more, and subject to the new law, according to the Florida Policy Project. Of those, 58% are concentrated along the Southwest and Southeast coastal counties, in places like Tampa, Clearwater and the greater Miami metro area, including Fort Lauderdale and Palm Beach County.
Around two dozen condos are up for sale in this Aventura, FL condo building, according to reports. miamiresidence.com
That means the law’s reach extends to more than half of all condo owners in Florida’s famed retirement enclaves. According to brokerage ISG World, apartments that are over 30 years old accounted for 86% of all Southeast Florida condo listings in the fourth quarter of 2024 — a total of 17,198 properties for sale across Miami-Dade, Broward and Palm Beach counties.
Yet even as thousands of newcomers flock to the region, these abundant and discounted units are languishing on the market, weighed down by the threat of special assessments and uncertainty over looming repair costs.
“The fear of the unknown is scaring the hell out of potential buyers,” said Craig Studnicky, ISG’s chief executive officer.
“Remember that show, ‘Let’s Make a Deal?’ ” Studnicky said. “They may get a special assessment and it could be quite modest, which means you just made one hell of a deal. But what if you’re wrong, and the special assessment is gargantuan? Not only is the special assessment big, but the scope of construction is big, and you’re going to be living in a construction site for the next two years.”
The full extent of special assessments is still an open question for many Florida properties. While the state deadline for condos to submit their structural integrity studies was on Dec. 31, only 39% of buildings in Southeast Florida have done so, according to the Miami Association of Realtors.
Some of that’s because engineers were simply not available, amid a statewide rush to get these studies completed. Others could be gambling that enforcement won’t be robust or swift, said Peter Zalewski, a Miami-based broker, analyst and condo investment consultant.
“You’re going to see a massive reduction in the value of these buildings based on these giant special assessments and the work that has to be done,” said Orest Tomaselli, CEO of Strategic Inspections.
“You have buildings that are shopping for studies, because maybe they’re coming in too high, and maybe they can find someone who can lowball it,” Zalewski said.
“People are figuring out what to do,” Zalewski added. “They think there will be a silver bullet, some kind of cure in the upcoming Florida legislative session” amid outcry from condo owners
The state legislature, which convenes its 2025 session March 4, has no plans to bail out condos or offer reprieve from the deadlines to fund repairs, Florida legislative leaders said at a condo conference last month held by Miami Realtors, according to Homes.com.
“A lot of people moved here to be able to retire and live their life here, and they’re on fixed incomes,” said Kathleen DiBona. Courtesy of Kathleen DiBona
Lawmakers, however, might consider financing solutions to help condos cover the cost of structural studies and maintenance, including allowing reserve funds they set aside to be invested.
Despite some maintenance challenges, Florida’s older condos still reflect the only affordable opportunity at homeownership for those who can’t swing the price tags of Miami’s new crop of ultra-luxury developments, says Scott Diffenderfer, a Miami-Beach-based broker for Compass who specializes in sales of older units.
He says he’s pretty upfront with potential buyers these days about the scope and costs of repair that some of his listings will undergo.
Brokers view the new regulations and mandatory repairs as a necessary correction to Florida’s once-lax condo standards, Diffenderfer explained.
Previously, buyers had little insight into a building’s true condition — much like purchasing a used car without a Carfax report.
Now, with stricter enforcement requiring proper reserves and full disclosure of maintenance history, brokers say the condo market could become more transparent and ultimately unlock greater value for owners.
“For probably 75% of the buildings in South Florida, when the dust settles, people are going to say, ‘You know what? That was painful. But look at these buildings!’ ” Studnicky said. “They’re in great shape.”
Comments: Comments Off on FIDUCIARY DUTY: What it Means to Your Community Association. by REMBAUM’S ASSOCIATION ROUNDUP
What duty does a community association board member owe to their association? What happens if that duty is breached? During the legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions.
The legislation in House Bill 919 was proposed by Representative Porras in response to the alleged $3.4 million dollar embezzlement scheme that took place at the Hammocks Community Association, located in Miami-Dade County. Parts of this proposed bill were well-intentioned; however, several provisions were commonly viewed as too broad and expansive.
On November 15, 2022, the Miami-Dade State Attorney’s Office announced charges related to the Hammocks’ criminal case, including racketeering, organized scheme to defraud, money laundering, grand theft, and fabricating physical evidence against five board members. These board members have been accused of the following:
i) running a scheme in which they used HOA checks and HOA credit cards from 55 bank accounts to pay for “no-show” work by shell companies or vendors, who would funnel money back to the directors for their personal use;
ii) withholding official records from members; and,
iii) failure to hold valid elections, among other bad acts.
If found guilty these board members overtly breached their fiduciary duty to their association.
During the 2023 legislative session, House Bill 919 initially contained significant criminal penalties to punish board members who failed to provide official records when they otherwise should have, criminal penalties for kickbacks, and criminal penalties for improper election interference, among other provisions. Such laws, while well intended, went overboard as evidenced by the creation of criminal penalties for failure to provide official records, as such severe criminal penalties for operational matters would likely only deter good people from running for the board. Recognizing this potential issue, parts of HB 919 were tempered a bit prior to it becoming law. That said, in the opinion of this author, new laws with new criminal penalties are not the answer. Bad people do bad things, and no amount of laws will likely significantly change that. So, what is the answer?
One answer is to shore up the educational and certification requirements for board members. At present, there are two ways to be certified as a board member. One method is to take a State-approved class, which provides an overview of the voluminous information board members need to know in order to perform their duties. The other method is to sign a piece of paper that the board member has read the governing documents, will abide by them, and will faithfully discharge their duties. This second method should be eliminated as there is no method to confirm compliance, and this method does not have any educational component. In addition, continuing education requirements should be required for any board member serving consecutive years.
During a board certification class, time should be spent discussing the term “fiduciary duty.” While the term is repeatedly used in Chapters 718 and 720 of the Florida Statutes, it is not expressly defined in these statutes. Section 718.111, Florida Statutes, makes reference to Section 617.0830, Florida Statutes, which provides for general standards for directors of not-for-profit corporations, such as community associations.
Section 617.0830, Florida Statutes, provides the following:
A director shall discharge his or her duties as a director, including his or her duties as a member of a committee i) in good faith; ii) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and iii) in a manner he or she reasonably believes to be in the best interests of the corporation.
In discharging his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: i) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; ii) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons’ professional or expert competence; or iii) a committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence.
A director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) unwarranted.
A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section.
Still, though, there is no express definition of the term “fiduciary duty.” The purpose of studying fiduciary relationships is to identify the areas where it exists and gain an insight into the duties of a fiduciary. After all, every board member is a fiduciary for their community association. Common definitions of the term “fiduciary” include:
A fiduciary relationship is a relation between two parties wherein one party (fiduciary) has the duty to act in the best interest of the other party (beneficiary or principal).
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person.
A fiduciary duty is a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party.
Most importantly, and germane to this discussion, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.
In other words, a good community association board member puts the interest of their association above their own personal interests. Thus, while we may not be able to stop bad people from doing bad things, through continuing education we can help good people do better.
To recap, there are three things that can be readily accomplished that would make a positive difference for Florida’s community associations.
Remove the ability of a board member to be “certified” by signature alone.
Require continuing education for board members serving continuous years.
Amend Florida Statutes, Chapters 718 and 720, to include express definitions of fiduciary duty so that it is made patently clear that every board member must put their community association above and ahead of their own personal interests.
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
EMA help architects, builders, and developers to get high-quality structural engineers services including structural engineers design, structural analysis for buildings, structural drawings preparations, structural peer review, 40 Year structural Inspections of building throughout Orlando, Daytona, Tampa, Clearwater, Miami-Dade, Broward & Palm Beach Counties. The 40 Year inspections are done to validate the structural soundness of a building’s components such as framing, foundation, beams, columns, posts, or trusses.
Milestone Inspections
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 Structural Inspection must be performed by a licensed engineer or licensed architect.
For Condominiums located within three (3) miles of the coastline, each building within the community that is three (3) or more stories high, must be inspected by December 31 of the year in which the building turns twenty-five (25) years old, and then subsequently every ten (10) years thereafter.
Storm Damage Assessments
EMA licensed Professional Engineers do post storm damage assessments. In case of natural disasters including hurricane, storm and flood damage, a quick and coordinated recovery is key. We have engineers & inspectors experienced in investigating flood damage claims. We are prepared to mobilize our staff of engineers, certified inspectors, and technicians to aid in the recovery process. To assist in coordinated long term recovery, our structural & forensic engineers offer the following areas of expertise:
Flood damage inspections to residential & commercial buildings.
Structural damage assessment
Forensic Engineering related to building collapse
Foundation collapse analysis
Roof wind damage reports
Comments: Comments Off on Florida Building Inspections By: Structural Engineering and Building Consulting firm – Joe DiPompeo, PE
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.
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1- Accessibility and Sharing. Digital files are easy to search, copy and share, saving valuable time and improving collaboration.
2- Storage and Document Integrity. Digital drawings are much less expensive to store than paper copies and are not subject to degradation over time.
3- Flexibility. Digital drawings are easy to rework or update, streamlining change processes and speeding renovations.
4- Details. Digital designs allow for the addition of audio or video to individual elements, providing an extra level of detail (e.g., materials, site layout, construction processes).
At the end of the day, digitization is a huge time and cost saver.
SFPMA works throughout the State of Florida, we are a multi-member organization for the Condo, HOA and Property Management industry. Through knowledge based Articles, Events and our Members Directory, Clients find the right information to make an informed decisions for their Florida properties.
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