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The Algae Triangle: Managing Nuisance Aquatic Plants Without Pesticides

The Algae Triangle: Managing Nuisance Aquatic Plants Without Pesticides

The Algae Triangle: Managing Nuisance Aquatic Plants Without Pesticides

I frequently use herbicides and algaecides in my line of work. Having attended college and graduate school to be an Ecologist, it isn’t something I thought I would do very often, but with the frequency of environmental problems that involve invasive flora, nuisance aquatic weeds and potentially-toxic algae, EPA-approved pesticides are an invaluable tool. There are, however, times when pesticide use is impractical, imprudent, illegal or impossible. Maybe the HOA or property manager prefers that pesticides not be applied to nearby waters. Perhaps the regulatory bodies in a given area aren’t permitting the use of certain products. Whatever the reason, sometimes this option just isn’t on the table. But how do we effectively manage algae and weeds without pesticides?

I employ a simple concept that I call the algae triangle, though it works for all forms of vegetation. If you had the same fire safety lessons in elementary school, you may remember the Fire Triangle, which is based on the idea that three elements are necessary for fire: fuel, oxygen and heat. If you have enough of all three, you’ll ignite a fire. Eliminate any corner of the triangle, and the fire goes out. Similarly, if you have water, sunlight and nutrients, you’ll likely develop some form of algae or vegetation. If the triangle becomes too imbalanced, the resulting plant species can become a nuisance.

Obviously, in the lake management field, we aren’t removing water from the equation, so establishing balance between each factor is the focus. Putting this concept into practice means understanding how sunlight and nutrients affect the ecology of the waterbody in question. Communities have several natural options to help mitigate against algae and aquatic weed growth, including limiting sunlight, improving water circulation and reducing excess nutrients.

If a stormwater pond receives full sunlight during the growing season, this directly impacts plants and algae by increasing water temperatures and providing the light necessary for photosynthesis. To prevent sunlight from penetrating the water column and stimulating the growth of deep submersed plants and benthic algae, water levels can be increased. Dredging is an effective strategy to increase the depth of a lake or pond, however, it is often the costliest project a community will ever face. Instead, proactive hydro-raking can help maintain existing water depths and prolong the need for dredging by removing unconsolidated muck and organic debris from the bottom of a lake or stormwater pond. Likewise, blue or black pond dye can be applied to reflect sunlight. Pond dye can enhance the aesthetics of a waterbody while simultaneously absorbing sunlight before it can penetrate the waterbody and fuel excessive plant growth.

In addition to thriving in water that receives lots of sunlight, algae and nuisance weeds also flourish in stratified waterbodies. A stagnant, sun-warmed layer floating on top of colder, deeper water can serve as a perfect habitat for undesirable species. Circulation with a diffused aeration system breaks this stratification and allows the water to mix more evenly, resulting in more consistent temperatures and less warming in the sunlit portions of the water. Aeration is also effective at improving the health of an aquatic ecosystem in a number of other ways, such as preventing oxygen depletion and fish kills, improving beneficial bacteria levels, and preventing the release of excess nutrients from the sediment. This brings us to the real meat and potatoes of preventative maintenance: nutrient management.

Phosphorous is the most important nutrient contributing to excess vegetation in lakes and stormwater ponds, and it can enter the water column in runoff containing lawn fertilizers, grass clippings, pet droppings, and waste from faulty septic systems. A number of nutrient reduction strategies should be considered if water quality tests reveal nutrient levels are too high. A professional lake manager can apply beneficial bacteria to the waterbody to utilize nutrients that would otherwise be available for plant and algae growth. Water quality can also be amended by using products that bind with phosphorous to keep it from becoming fuel for nuisance plants. Additionally, strategically planting desirable buffer vegetation around the shore of the waterbody can help to intercept phosphorus before it enters the water and is absorbed by unwanted vegetation. Your lake manager can help identify buffer plants that are native to your region.

When it comes to quickly and effectively managing nuisance aquatic weeds and algae, EPA-approved pesticides can be very useful, and in many instances, they are the safest and most practical option available. Nonetheless, natural and proactive management techniques can be tremendously effective at improving the health and appearance of almost any community waterbody before a problem occurs, which is why it’s important for homeowners associations and property managers to consider sustainable and holistic plant management methods whenever possible.

 

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Keep up to Date with Training & Events in Florida.

Keep up to Date with Training & Events in Florida.

  • Posted: Apr 22, 2018
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Keep up to Date with Training & Events in Florida.

View the Calendar, Take advantage of Educational Courses or Start your new Career as a Property Manager …

SFPMA has updated our Calendar of Events.  The three areas that have been updated are, The Calendar of Events, An Education Section and Educational Courses.

These 3 areas are set with other categories that define the additional courses that we get from our members and partners all over the State.  As our members we ask you to send to us any future events, courses and Meetings that you wish us to add to our calendar. With many of HOA and Condo owners wishing to become a Board Member and take part in upcoming Elections, I is important to give them informative and educational courses to help them learn what their roles with running their buildings will be.  Many of these Board Members must educate themselves with the understanding of how budgets, maintenance issues even bid selections for projects in their buildings work to what their role in the management of the buildings will be. Once you learn take the course to become a Board Member and register it with your Condo and or HOA. The Learning does not stop there!

Many Courses are being added for Management Professionals, Board Members and Owners so they can learn how to effectively run and govern in their new roles as directors of the many buildings throughout Florida’s Property Management Industry.

 

Add your Events by filling out this form, One of our Staff will call you…….

 

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DEFIBRILLATORS  Is the Liability Worth the Risk?

DEFIBRILLATORS Is the Liability Worth the Risk?

  • Posted: Mar 24, 2018
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DEFIBRILLATORS

Is the Liability Worth the Risk?

About the Editor: Jeffrey Rembaum, Esq.

 

Jeffrey Rembaum, Esq.’s law practice consists of representation of condominium, homeowner, commercial  and mobile home park associations, as well as exclusive country club communities and the developers who build them.  He is a regular columnist for The Condo News, a biweekly publication.

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 16 lawyers and offices in Broward and Palm Beach Counties, is a full service law firm devoted to the representation of more than 1,000 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

The Firm is ranked ninth in South Florida and 62nd in the Southern U.S. among “Top 300 Small Businesses” by Business Leader magazine.

 

According to the American Heart Association, sudden cardiac arrest (“SCA”) is a leading cause of death in the United States. It is estimated that more than 350,000 lives are taken each year due to the abrupt loss of heart function. However, with technological advances, the number of deaths due to SCA have been lowered through the use of an automated external defibrillator (“AED”). An AED is a portable medical instrument that delivers an electrical impulse to the heart to disrupt and correct an otherwise fatal irregular heartbeat (arrhythmia) and allows a normal rhythm to resume. Although AEDs have been credited with saving countless lives by making it possible for non-medical individuals to respond to a medical emergency, the question must be asked: “Is the liability worth the risk?”

The purchase and availability of AEDs is controlled by state and federal laws and regulations. Pursuant to Florida law, AEDs are required to be installed in public schools, dental offices, and assisted living facilities. AEDs are optional in state parks and state owned or leased facilities. There is no requirementthat community associations in Florida install AED devices on association property and/or association fitness facilities. Although not legally required, there is a growing trend of community associations considering installing AEDs on association property to better protect their residents. When considering whether or not to install an AED device, associations must ensure that all parties (i.e., association management, board of directors, residents, and any other authorized user) understand the potential liability associated with the use of an AED and the protections afforded to them under Florida law.

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Thank you for NOT feeding our wildlife!

Thank you for NOT feeding our wildlife!

  • Posted: Mar 20, 2018
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Thank you for NOT feeding our wildlife!

Families of Muscovy Ducks are a frequent and familiar sight throughout Florida’s Condos and HOA’s, waddling along main roads and byways and paddling in the canals. During recent North American Migration counts, their population consistently ranks in the top dozen of the 149 species of birds found in Florida. Muscovies are year-round breeders, and local populations, if well-fed, can increase dramatically in a short time. A hen can lay as many as 24 eggs in a single clutch, which will hatch in 35 days.

Although Muscovies are not native to the United States, they have been here for over 100 years since being imported from South America where they have long been known as “good eating.” (If you Google “Muscovy Duck,” you would come back with over 80,000 responses—and a good portion of those would be recipes!)

Fortunately, some ducks enjoy protected status, and are not a staple of our dinner tables. Florida’s lakes and waterways have been a bird sanctuary since 1967 (Sec. 90-15). Muscovies are also protected by Florida Statute 828.12 from animal cruelty. However, because local ducks originated in Florida from domestic stock, they are not considered “wildlife” and are not protected by state wildlife laws or the federal Migratory Bird Treaty Act.  State law does prohibit the relocation of Muscovies into wild areas as they may be carriers of diseases which can adversely affect native water-fowl.

So, please do not feed your neighborhood  birds and ducks!  Although we appreciate that feeding Muscovy ducks is enjoyable, it is often not in their best interest. 

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ASSOCIATION’S LAW FIRM’S INVOICES BE MADE AVAILABLE TO ITS MEMBERS UPON WRITTEN REQUEST?

ASSOCIATION’S LAW FIRM’S INVOICES BE MADE AVAILABLE TO ITS MEMBERS UPON WRITTEN REQUEST?

An association member wants to review the association’s lawyer’s bills sent to the association over the past year. As a result, the member submits a written request to access those records. But, is the member actually entitled to see them? Pursuant to the relevant sections of Chapter 718, Chapter 719, and Chapter 720 of the Florida Statutes, regarding condominiums, cooperatives, and homeowners’ associations, respectively, all members (or their aut

Art_Billing-450x253horized representatives) have the right to access their community association’s official records for inspection and copying. However, this right is not absolute as there are several official records which are exempt from member access.

Among these exempted official records are records protected by the attorney-client privilege, as described in section 90.502, Florida Statutes, and any record protected by the work-product privilege. Generally, the attorney-client privilege protects communications between a lawyer and the lawyer’s client; whereas, the work-product privilege protects, for example, a record prepared by an association attorney or prepared at the attorney’s express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of litigation or proceedings until the conclusion of the litigation or proceedings.

While these exceptions to official records access are expressly provided in the relevant sections of the Florida Statutes, questions arise as to whether or not a community association’s legal invoices are protected by the attorney-client privilege and/or the work-product privilege. Moreover, can the association redact its legal invoices to keep privileged information provided in the legal invoices from access by the member? You bet the association can!

This issue was decided in the arbitration case of Jandebeur v. Marine Terrace Association, Inc. (Arbo. Case No. 2014-03-5716) in which the association, in the end, was represented by Kaye Bender Rembaum, Attorneys at Law. (This case involved a cooperative under Chapter 719, Florida Statutes, which is substantially the same as Chapter 718, Florida Statutes. Arbitration is not applicable to Chapter 720, Florida Statutes.) The law firm took the case over from the association’s prior counsel who, on behalf of his client-association, advised the board not to provide access to his law firm’s billing to the association, claiming the entire bill to be privileged.

In this case, the member made written requests to inspect the association’s official records, including legal invoices from the association’s prior law firm. Upon the advice of the association’s prior attorney, the association refused to provide the owner with access to the requested legal invoices claiming that they were inaccessible, in their entirety, because they contained attorney-client privileged communications and attorney work-product.

In deciding the matter in favor of the member, the arbitrator held that refusing access to the entire legal invoices was improper; however, the arbitrator made it patently clear that “[i]f attorney work product is contained in an invoice, e.g. a description of work performed reveals the attorney’s thoughts, etc., regarding the litigation, that information may be redacted.” Therefore, the arbitrator in this case clearly and expressly opined that portions of legal invoices may be redacted to remove information protected by the attorney-client privilege and/or the work-product privilege.

Given the official records exemptions from member access as discussed above, the arbitrator’s decision in this case is in line with the statutory exemptions provided by the relevant sections of Chapter 718, Chapter 719, and Chapter 720 of the Florida Statutes. Therefore, do not be surprised if, upon a member’s written request to inspect the association’s law firm’s billing, invoices are presented only after significant redaction to protect both attorney-client and work-product privileges.

While arbitration cases decided by the Arbitration Section of Florida’s Department of Business and Professional Regulations, Division of Florida Condominiums, Timeshares, and Mobile Homes, do not create binding precedents on any other parties (meaning, the same issue could be decided differently in another case) and are not applicable to homeowners’ associations, they are often relied upon for guidance, as many community association attorneys do. Therefore, when presented with a written request for access to your association’s legal invoices, you may want to have your association’s attorney review the requested invoices to see if there is any privileged information which should be redacted to protect the privilege prior to the member’s inspection and copying of the official records.

Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. He is a regular columnist for The Condo News, a biweekly publication and was inducted into the 2012, 2013 & 2014 Florida Super Lawyers. He can be reached at 561-241-4462.

 

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“We give investors and clients the information to make an informed decision about which property management company to use”

“We give investors and clients the information to make an informed decision about which property management company to use”

“We give investors and clients the information to make an informed decision about which property management company to use”

  • They learn about how hiring a professional management company helps them.
  • They find out what fees are associated with management.
  • They read and learn about maintenance issues and repairs for their property.
  • Other information including what questions to ask potential management companies. We know that with real estate comes non paying tenants, evictions fees, collecting rents, vacant units, inspections, contracts and leases, payment matters from tenants and your monthly money.

Addressing these questions with owners and board members helps them to understand what a manager does, and how important it is to take the time to find the right company that will care for the properties like they would.

 

LOOKING FOR A PROPERTY MANAGEMENT COMPANY OR A CAM MANAGER TO MANAGE YOUR INVESTMENT PROPERTY, CONDO, OR HOA.

 

learn what to look for in a Property Management company, the benefits, the services they provide, how they collect fees, how repairs are addressed, laws & licensing.

Read and learn what our members can do to help you with the management of your buildings. Managing properties can become quickly overwhelming, even for experienced investors. There is always something going on that requires attention and it takes very little time for things to get out of hand. Hiring a Property Manager can provide an opportunity to regain control and restore stability to both your properties and possibly life in general.

We understand the importance having income real estate to you and your family. We are here to help you with the selection process for hiring the right company for the management of your buildings. Your Property Manager will make critical decisions on your behalf making it extremely important that you do your homework during the hiring process.

Ultimately, your decision to hire or not hire a property management company should hinge on whether or not it is a good fit with your lifestyle, and makes sense financially.  Individual investors will have to assess the opportunity cost of both options based on their unique circumstances.

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Airline has taken steps to tighten its emotional support animal policy. With incidents, such as biting, on the rise!

Airline has taken steps to tighten its emotional support animal policy. With incidents, such as biting, on the rise!

Airline has taken steps to tighten its emotional support animal policy. With incidents, such as biting, on the rise!

The Property Management industry is not the only place experiencing a rise in emotional support animal conflict.

These animals are becoming an issue for airlines and the results have not always been good, according to The Washington Post’s Karin Brulliard.

It recently announced changes to increase scrutiny about its passengers flying with service or comfort animals — Delta says it flew 250,000 of such animals last year, which was a 150 percent increase over 2016. Incidents reported of those animals biting or defecating during flights had nearly doubled since 2016.

“Delta emphasized safety concerns in detailing the increased documentation owners that will be required to provide about their animals,” Brulliard writes. “But its action also was spurred by a widespread perception among airlines and disability rights advocates that some fliers are fraudulently taking advantage of the federal law to bring untrained pets of myriad species into crowded cabins.”
Sound familiar?

Along with expanding its list of prohibited animals, including “farm poultry,” hedgehogs and anything with tusks, Delta tightened its policies.

“Passengers with trained service animals will need to submit a veterinary health form at least 48 hours before travel to the airline’s new ‘Service Animal Support Desk,’ ” Brulliard writes. “Customers with emotional-support animals or psychiatric service animals must do the same but also must provide a letter from a doctor or mental-health professional and a signed document saying the animal is trained to behave in public.”

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Read the Article: Washington Post Article

 

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APPELLATE COURT LIMITS ASSOCIATION ABILITY TO STOP OWNER POSTING OF NEGATIVE OPINIONS ON SOCIAL MEDIA

APPELLATE COURT LIMITS ASSOCIATION ABILITY TO STOP OWNER POSTING OF NEGATIVE OPINIONS ON SOCIAL MEDIA

APPELLATE COURT LIMITS ASSOCIATION ABILITY TO STOP OWNER POSTING OF NEGATIVE OPINIONS ON SOCIAL MEDIA

Many community associations throughout Florida have experienced an owner who opposes the board and is vocally negative toward the efforts of the association representatives. With the development of social media and the internet, many have also experienced these disgruntled owners posting their opinions on the internet through blogs, website and the like. Quite often these owners are not expressing accurate information regarding the association and boards look for help from their attorneys to stop what they consider to be abusive and harassing conduct. The Florida Fifth District Court of Appeal has recently issued a ruling that identifies some limits that court action can take in dealing with such disputes and leaving questions regarding other actions that can be taken unanswered.

 

Read more on Legal Issues: 

REMBAUM’S ASSOCIATION ROUNDUP

 http://www.kbrlegal.com/rembaums-association-roundup/

 

In Fox. V. Hampton at Metro West Condominium Association, Inc., Case No. 5D16-1822 (July 21, 2017), the Appellate Court was presented the situation in which the Condominium Association had initially brought a legal action against the unit owner to obtain an injunction to stop the owner from what they claimed to be conduct that was harassing, intimidating and otherwise threatening to other owners, and for his on-going publishing of negative claims about the Association and/or the Board on the internet. No trial was held as the parties entered into a settlement agreement that was ultimately incorporated into a final judgment under which Fox agreed to stop certain actions. Soon thereafter, however, the conduct began again and the Association filed a motion for contempt and enforcement of the agreement, claiming that Fox had willfully and intentionally violated the terms of the agreement.

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Is your Community having a Holiday Party? Five holiday party ideas

Is your Community having a Holiday Party? Five holiday party ideas

Holiday Parties Sure To Please Your Residents

Brought to you by State of Florida Property Management Association  –  https://www.SFPMA.com

The holidays provide the perfect opportunity to bring your neighbors together to celebrate the season. When you have community amenities such as a clubhouse, there’s no need for a neighbor to go through the hassle of hosting your HOA holiday party at his or her home.

Want to throw a holiday party that will bring residents of your community together for a fun-filled evening? Here are five holiday party ideas that are sure to please your residents:

  1. Tacky Sweater Party

While so cliché these days, hosting a tacky sweater party is a great way for residents to break the ice and start mingling with each other. The ugly holiday sweater that was once popular in the 80s is making a big come back, and residents can easily find this festive attire online or come up with their own creations. Encourage residents to channel their inner-tackiness by offering prizes for the ugliest sweaters. If hosting the party at your neighborhood clubhouse, you can spruce up your community amenities for the event with bright-colored lights, oversized holiday inflatables, and tinsel-filled trees.
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Register Today! – CONDO & HOA EXPOS get information on booth availability, show sponsorship or speaking opportunities

Register Today! – CONDO & HOA EXPOS get information on booth availability, show sponsorship or speaking opportunities

Register Today! – information on booth availability, show sponsorship or speaking opportunities

This coming spring, L&L Exhibition Management has four events that give you the opportunity to meet and have face time with Property Managers and Board Members in South Florida.

If you would like more information on booth availability, show sponsorship or speaking opportunities, please call me at (800)-374-6463 or reply to this email.
 
Sincerely,
Contact:
-Nick Vedder
Show Manager
(800) 374-6463
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