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Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

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

 

 

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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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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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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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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Try GlazeGuard® today and experience the best hard surface sealer on the market.

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Is Pond and Lake Algae Bloom Dangerous? by SOLitude Lake Management.

Is Pond and Lake Algae Bloom Dangerous? by SOLitude Lake Management.

Warm weather often comes with an increase in algal blooms in our waterways. Algae is a nuisance – it can grow in slimy, smelly mats, create eyesores, and entangle swimmers and fishing hooks.

Rather than creating places to connect with neighbors, watch beautiful sunsets, and host fun activities, waterbodies containing nuisance algae growth can lead to nasty comments and complaints. But in worst-case scenarios, it may pose a danger to the community. 

Although most algae aren’t dangerous to our health, we must be mindful and diligent about limiting our exposure to certain types of algal blooms. Harmful Algal Blooms (HABs), also known as blue-green algae or cyanobacteria, are a very serious issue impacting the safety of our waterways. Exposure to HABs can be life-threatening for people, pets, and wildlife due to toxins they are capable of releasing.

However, the toxicity of an algal bloom cannot be confirmed with a visual inspection. Suspected HABs must be sampled and tested at a lab to confirm the species of algae present. Once the species is confirmed, a management plan can be implemented.

What does harmful algae look like?

Harmful algal blooms can look like blue or green paint spilled into the water. It may also appear as thick, puffy blue or green foam on the surface of the water, or as swirling colors beneath the surface of the water. HABs can also have distinct smells that have been described as grassy, fishy, or septic.

What should I do if I suspect the presence of harmful algae?

Here are four things to do – or not do! – if you see anything that looks like an HAB in your waterbody:

  1. Call a professional immediately: It is impossible to tell from a visual inspection whether an algal bloom is toxic. It must be appropriately sampled and tested.
  2. Avoid it: Do not swim or wade through blue-green algal scums. Do not boat, water ski, jet ski, or fish where algal scum is present. And certainly, don’t source drinking water where algal blooms are present!
  3. Keep pets out: Do not let your pets swim in or drink from the water. Toxic algae blooms can be fatal to dogs and other animals. Even short exposures to some HABs can be fatal.
  4. Take extra precautions: If you or your family members, including pets, have been in water with any algae present, always shower off with soap and clean water after swimming.

Keep Your Water Safe and Clean with Annual Management

Keeping your community safe and happy is an utmost priority – because safe, happy residents are more engaged with each other, pleased with community leadership, and proud of where they live. An annual management program is one of the best ways to maintain the safety and aesthetics of your waterbodies. When monitored and managed on a consistent basis, it’s possible to identify and get ahead of HABs or other water quality problems before community members are affected.

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Annual management programs are tailored to your specific needs, and may integrate an array of professional tools and strategies, including water quality testingfountains and aerationnutrient remediationbiological bacteria applicationsshoreline management and restorationbathymetric mapping, and mechanical solutions like mechanical hydro-raking or dredging. Contact your lake management professional to begin designing your custom annual management program.

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Not all Expenditures Can Be Collected from Delinquent Owners as Part of the Collection/Foreclosure Process – Why Not?

Not all Expenditures Can Be Collected from Delinquent Owners as Part of the Collection/Foreclosure Process – Why Not?

Not all Expenditures Can Be Collected from Delinquent Owners as Part of the Collection/Foreclosure Process – Why Not?

It is clear that Florida’s community association collection/foreclosure legislation allows associations to foreclose an owner’s home for nonpayment of assessments. However, not all of the monies expended by an association fit into the definition of an assessment. For example, let’s say that an association has a right to correct a deficiency on an owner’s lot, but the declaration of covenants at issue does not support converting the money spent into an assessment. In that event, the monies expended by the association would have to be recovered as part of a breach of contract action rather than as part of an assessment/foreclosure action. Sometimes, however, the declaration will provide that the monies expended can be treated as an assessment. If that is the case, then before those expenditures can be included as a part of the collection/foreclosure process, the board would need to convert the expenditure into an assessment against the noncomplying owner. (As to how that is done, you can discuss it with your community association’s attorney.) Florida’s collection/foreclosure legislation also provides for recovery of certain costs incidental to the collection/foreclosure process, but recovery of such cost must be rooted in a statute or by contract (i.e., the declaration of covenants).

Let’s look at the fee charged by a management company for sending the notice of late assessment letter, often referred as a NOLA letter, as required by Florida Statute, and determine whether it is a recoverable cost in an association’s collection/foreclosure action and whether including the NOLA fee as a part of the association’s collection/foreclosure proceedings violates the Federal Fair Debt Collection Practices Act (the Act).

The Act was passed into law because of abundant evidence of the use of abusive, deceptive, and unfair debt collection practices. It does not matter whether a debt collector used their best efforts to comply with the Act. Only strict compliance matters when it comes to the enforceability of the Act against a debt collector. Clearly, the association is not considered a “debt collector” pursuant to the Act and, for the most part, neither are management companies, with this caveat: the pendulum may swing in the future to the notion that management companies are, in fact, debt collectors. It seems that at least for the time being they are shielded from the Act. However, what is patently clear is that an attorney who provides collection/foreclosure services to assist their association clients with delinquent assessments is certainly considered a “debt collector.” Therefore, the attorney must be vigilant when reviewing the delinquent owner’s account ledger to ensure that the items set out in the ledger can lawfully be included in the association’s collection/foreclosure action. A recent case reminds us of this fact.

On February 4, 2025, in Glover v. Ocwen Loan Servicing, Case no. 23-12578 & 12579 (11th Cir. Fla. 2025), the 11th Circuit of the Federal Court of Appeals found that Ocwen as a debt collector violated the Fair Debt Collection Practices Act when it charged consumers an optional fee when making expedited mortgage payments because the loan servicer charged an amount that was not expressly authorized by the agreement creating the debt or permitted by law. The takeaway from this case is that a debt collector can only collect debts that are authorized by law or by contract with the debtor.

It was only several years ago that the Florida legislature enacted into law the requirement that an association assessment debtor must be provided the NOLA correspondence from the association providing the debtor a final opportunity to pay their delinquent assessment debt prior to turning the matter over to the association’s legal counsel to commence collection/foreclosure proceedings where fees and costs accrue against the debtor. See S. 718.121 and S. 720.3085, Fla. Stat.

Management companies are typically tasked with preparing and sending the NOLA letter on behalf of the associations they manage before turning the file over for collections to the association’s attorney. In this regard, a management company that is charging such a fee but has not amended its contract with the association to provide for charging the fee for the notice of late assessment would be wise to consider amending its contract with the association they represent to provide for this charge. Doing so would ensure that the management company, even though it may not be considered a “debt collector,” would have a solid basis for charging the fee because it would be based on a contractual obligation charged to the association. This is important because the NOLA, as mandated by Florida Statutes, does not at all provide for the recovery of a fee in regard to sending such a letter. So, while management companies may not be considered a “debt collector” today, this could change in any new case at any time. Why take the chance?

Now, let’s analyze whether the attorney who is collecting the past due assessment debts for the association can include the management company’s NOLA fee paid by the association to the management company in the collection/foreclosure action against a delinquent owner. Keep in mind, as we go through the analysis, that the “debt collector” (in this case, the attorney) can only collect debts authorized by contract or by law, and also remember that the relevant laws governing the NOLA letter do not provide for a specific cost recovery for the management company sending of the notice of late assessment letter. Thus, at a minimum, there should at least be a contractual obligation that the association pay the management company for sending the NOLA letter. But that may not always be the case even though it is the better practice.

Part and parcel with the collection/foreclosure process is the recording of an association assessment lien. To be valid, such a claim of lien must state the description of the parcel, the name of the record owner, the name and address of the association, the assessment amount due, and the due date. The claim of lien secures all unpaid assessments that are due and that may accrue subsequent to the recording of the claim of lien and before entry of a certificate of title, as well as interest, late charges, and reasonable costs and attorneys’ fees incurred by the association incident to the collection process.

So, while the relevant statutes do not provide for the association to be able to recover a fee for the sending of the NOLA letter, it certainly should be considered a “reasonable cost incurred by the association incident to the collection process,” most especially when the fee charged for sending the NOLA letter is a contractual obligation between the association and the management company.

There even exists an argument that, even if the management contract between the association and the management company does not provide that the association is responsible to pay the management company for the preparation and sending of the notice of late assessment, it is still considered a “reasonable cost”; but when you plug in the holding of the aforementioned case, the collection of the cost associated with the NOLA letter by the debt collector (i.e., the attorney representing the association), the better practice is to ensure that the contract between the management company and the association contains a provision that the association is responsible to pay the management company a reasonable fee for each such notice of late assessment letter sent.

Perhaps now you have a better understanding of why, at times, the association’s collection/foreclosure attorney cannot include a particular line item on the delinquent owner’s account ledger in the collection/foreclosure action. If you have any questions regarding the collection/foreclosure process, most especially which charges can and cannot be included, please be sure to discuss them with your association’s attorney.

 

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