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Webinar: Upgrading from Self-Managed to Pro Management | Oct. 19 at 4pm Est

Webinar: Upgrading from Self-Managed to Pro Management | Oct. 19 at 4pm Est

  • Posted: Oct 16, 2023
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Webinar: Upgrading from Self-Managed to Pro Management | Oct. 19 at 4pm Est

 

Oct 19, 2023 04:00 PM in 
AKAM will be joined by Lisa A. Magill, Esq., Attorney at Kaye Bender Rembaum and Chapter Delegate Member of CAI Florida Legislative Alliance, to discuss the value-add of transitioning a self-managed community to professional management.
Date: Thursday, October 19, 2023 Time: 4pm – 5pm Please complete the registration form below to confirm your attendance.
We look forward to seeing you there!
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Is Your HOA Ready to File a Lien? Remember These 3 Do’s and Don’ts by Mitch Drimmer

Is Your HOA Ready to File a Lien? Remember These 3 Do’s and Don’ts by Mitch Drimmer

  • Posted: Oct 04, 2023
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Is Your HOA Ready to File a Lien? Remember These 3 Do’s and Don’ts

by Mitch Drimmer

Homeowner delinquencies create havoc and stress in a community association. Unfortunately, HOAs and condo associations don’t have a lot they can do about them. When a homeowner stops paying their monthly assessments, the association only has a few options to recoup that lost money.

  • You can issue warning letters
  • You can assess late fees and interest (within the limits of the governing documents)
  • You can limit amenity access if your governing docs allow it
  • You may be able to initiate credit reporting
  • You could take them to small claims court
  • You can file a lien to lead to foreclosure on their home

Of these options, the only one that has any real ‘teeth’ in the eyes of the law is lien and foreclosure.

Two sides of the same coin, a lien and a foreclosure are an HOA or condo association’s most aggressive form of collections actions. The lien is the threat of force, a legal response that tells the delinquent owner that this is well and truly their last chance to make good on what they owe to the community. The foreclosure is the bite to that bark, and can be costly and time consuming.

While a foreclosure isn’t something we recommend, filing a lien can often be the very thing you need to yield results. When a homeowner becomes seriously delinquent and the other methods have failed to produce results, you need to be ready to rip the band-aid off and make it happen.

3 Do’s and Don’ts When Filing a Lien

Is your HOA ready to file a lien? DON’T attempt to collect owed payments on your own. 

The FDCPA has a laundry list of what have been deemed predatory collections practices, and also specify who can and cannot make collection attempts. Engaging in any kind of communications that could be deemed harassment is only going to hurt your community in the long run

Is your HOA ready to file a lien? DO thoroughly document each of the notices and demand letters you send to the delinquent owner. 

Keeping track of the specific requests and demands you have made, as well as when you made them, will help keep your association free and clear of any claims of harassment or illegal collections allegations.

Is your HOA ready to file a lien? DON’T file a lien before sending warning notices to the homeowner. 

Those notices aren’t just common courtesies, they’re required interactions your association must have with a delinquent homeowner. They are entitled to a certain amount of time to pay back monies owed before legal action is taken against them.

Is your HOA ready to file a lien? DO check your CC&Rs AND state’s restrictions and laws to make sure you’re complying before filing a lien. 

These restrictions will set forth the ways you’re required to communicate payment demands, the fees and charges you’re allowed to include in the lien, and any time constraints you have to abide by.

Is your HOA ready to file a lien? DON’T just refer the file to your attorney.

Your primary goal should be to collect the money you are owed, not to punish delinquent homeowners. Referring a collections file to your lawyer is not a method of collection, but rather an intention to foreclose as soon as possible so you can get in a better paying homeowner. As the saying goes, a bird in the hand is worth two in the bush – working with your existing community members to set up a payment plan or find another way to settle the debt is almost always better than giving them the boot. Foreclosure does not result in money in your pocket, just an empty home on the block.

Is your HOA ready to file a lien? DO call Axela to take advantage of ethical collections practices that come with a 95% success rate or recovery.

Axela Technologies specializes in HOA collections practices that successfully recover funds for the community without the inhumane, barbaric treatment owners tend to get from the foreclosure process. Is your HOA ready to file a lien? Call us today or click here for your no-cost collections analysis

 

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How To Deal With Slippery Floor Tiles – CoverTec Products

How To Deal With Slippery Floor Tiles – CoverTec Products

How To Deal With Slippery Floor Tiles.

CoverTec Products

Making floors slip-resistant requires a clear understanding of what you are working with. These are the factors that impact whether a floor is slippery or not:

  1. The condition of the floor
  2. The flooring material
  3. The condition and the material of the footwear interacting with the surface
  4. The contaminants present on the floor
  5. The physical ability of people walking on the floor.

In this post, we’ll cover several slippery floor types… and show you how to reduce the possibility of slip and fall accidents on your premises.  Whether you’re at home or on business premises, we’ve got you covered.

Details below. Click to go there now.

How To Solve Slippery Floors… In General

 

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The Florida law (SB-919) known as the “Homeowners’ Association Bill of Rights” took effect on October 1st, 2023

The Florida law (SB-919) known as the “Homeowners’ Association Bill of Rights” took effect on October 1st, 2023

The Florida law known as the “Homeowners’ Association Bill of Rights” took effect on October 1st. 2023 (SB 919)

MIAMI – The Florida law known as the “Homeowners’ Association Bill of Rights” took effect on October 1st.

It revises the requirements for the governance and regulation of homeowners’ associations to:

  • Require all notices for homeowners’ association board meetings to specifically identify the agenda items for the meetings;
  • Revise the requirements for the association’s use of a member’s e-mail to send notices, including allowing a member to designate an address different than the property address for all required notices;
  • Require that, if a homeowners’ association collects a deposit from a member for any reason, including to pay for expenses that may be incurred as a result of construction on a member’s parcel or other reason for such deposit, such funds must not be co-mingled with any other association funds, the member may request an accounting of such funds, and the association must remit payment of unused funds within 30 days after completion;
  • Provide that an officer, director, or manager who accepts kickbacks is subject to monetary damages under s. 617.0834, F.S., relating to the conditions imposing civil liability on the officers and directors of corporations and associations not for profit;
  • Provide that an officer or director must be removed from office, and their access to official records denied, if charged with the crimes of forgery of a ballot envelope or voting certificate used in a homeowners’ association election, theft or embezzlement of association funds, destruction of or refusing to allow inspection of association records, if such records are accessible by association members, in furtherance of any crime; or obstruction of justice;
  • Require directors and officers of an association, including a developer-controlled association, to disclose specified activities which may pose a conflict of interest;
  • Clarify that a developer’s appointment of an officer or director does not create a presumption that the officer or director has a conflict of interest with regard to the performance of his or her official duties;
  • Revise the notice requirements for imposing and collecting fines, including providing members notice of how to cure a violation, if applicable; and
  • Provide criminal prohibitions related to fraudulent voting activities that are punishable as first degree misdemeanors, including preventing members from voting, and menacing, threatening, or using bribery to directly or indirectly influence or deter a member from voting

 

We are sure there will be more to come, as the State’s changes to the Law slimmed down the original Law and added to the original law.

SFPMA and Our Legal Members.  October 1, 2023

 

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SO WHERE DO WE STAND NOW IN REGARDS TO RESERVES ? by Rafael Aquino

SO WHERE DO WE STAND NOW IN REGARDS TO RESERVES ? by Rafael Aquino

  • Posted: Oct 04, 2023
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SO WHERE DO WE STAND NOW IN REGARDS TO RESERVES ?

by Rafael Aquino

The use of associations funds is one of the most critical roles a board of directors manages on behalf of its members. Many times the benefit of those funds can make or break an association. It is essential to get a snapshot of what’s going on with the association’s funds before the purchase of your unit and even more so after your purchase. While it may seem challenging to know what is going on before your purchase, the reality is that you can get an idea by reviewing the financials and checking to see the association has a reserve study on file.

 

Not enough homework is done early on by potential buyers, or their agents, to determine the association’s financial strength, and they assume that all is well. That assumption can cost thousands of dollars if made incorrectly. How can you avoid it? The first step would be to dig into the financial statements; within those statements, you’ll know much money your association has in its operating account and reserve account (if it exists.) Second, you can review the Income/Expense (also known as a P&L) to determine if significant variances exist. If they do, you will need to find out why they exist. You can then compare your current operating and reserve account funds to what your reserve study states you should have. The reality is that most associations won’t meet the suggested capital contributions needed within the reserve study; however, you do want to know if the difference isn’t outrageous. If it is, you may decide not to purchase in that building, or if you’re a current owner, it may be time to sell. Remember, it’s not if it will happen, but when it will happen.

  

For individuals wondering what a reserve study is, it is a long-term capital budget planning tool that helps the board of directors and management identify both the physical analysis (useful life) and the financial analysis of the components in the common areas. This tool will allow your board to plan appropriately, project its future projects, and determine when and how the money they do have should be spent. I’ve seen it firsthand where a board wants to upgrade the pool area because they promised the owners they would improve the look of the property, but at the same time the cooling tower needs a significant overhaul. As odd as it may seem for most, this decision is simple; however, that is only true based on the leaders (board) you have appointed.

 

While many communities don’t have reserves, this should not stop you from obtaining a reserve study. The cost to get a reserve study is minimal compared to the information/knowledge you and your board would gain. We strongly recommend our clients obtain it; in fact, we had a client who listened to our suggestion and purchased a reserve study a few months before the budget season. Once they received the study, they quickly realized that it was time to start putting real plans in place. A few months later, that board decided to begin funding the reserves.

 

For those potential buyers looking to purchase in an association, make sure you do your homeowner. For those owners that already own in an association, make sure to ask your board members if they have a reserve study on file and if not to consider getting one. I believe it’s better to know what will potentially come so the proper steps and plans can be taken to either correct and/or communicate it to your membership.

 

As the Co-Founder and CEO of Affinity Management Services, Rafael P. Aquino leads his team to redefine excellence. They serve community   associations   efficiently

 

and effectively with dedication and passion. Rafael’s energy and positive spirit is the foundation of Affinity Management Services’ company culture, which instills enthusiasm and excitement when providing expert advice to its board members and relieving the day-to-day burdens of running a community association.

Since 2007, Rafael has developed a work culture that values responsive and high-quality services. He has led his team by following a proactive vs reactive philosophy. The same approach Rafael instills in the day to day operations of each association. Today, Affinity Management Services maintains its success and benefits as a result of the foundation Rafael has built and continues to foster by providing educational seminars, continuing education classes for association managers and board members alike.Rafael and his team help condominium and homeowners’ associations save money and improve their communities. His calm, personable, and service-oriented nature helps him to establish strong relationships with ease. Rafael is known as a sincere and honest leader who looks out for the best interests of his clients and communities, and he strongly advocates for their needs. His role requires coordination and communication, as such he takes logical and intelligent steps to approach challenges head-on.


As a graduate of Florida International University’s electrical engineering program and a licensed community association manager, Rafael’s education and skills equip him with unique insights to tackle complex problems through critical thinking. He understands how each component within a system works together in order to effectively arrive at solutions, techniques, and conclusions. Therefore, as he manages the multiple challenges of running a community association management company, he understands how each property is its own unique system and tailors’ specific services to assure that all their needs are met.

For more information about Rafael P. Aquino and Affinity Management Services please visit www.ManagedByAffinity.com or call 1-800-977-6279
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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!

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!

 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.

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.

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.

Stephen Sarasohn SPPA
stephensarasohn@gmail.com
Public Adjusters since 1924
www.sarasohn.net
561-368-5000 office
561-866-3589 cell

 

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7 Pond Maintenance Tips from SOLitude to Complete This Fall

7 Pond Maintenance Tips from SOLitude to Complete This Fall

7 Ways to Prepare Your Waterbody for Success This Autumn

Following the hot, humid weather that accompanies summer, the fall season brings a sigh of relief with less intense sunshine and cooler temperatures. Just as the trees reflect the changing of the seasons, your water resources can also experience change. Fall is a perfect window to complete lasting maintenance. It’s important to stay on top of lake and pond management to facilitate fall recreational activities and to ensure you can enjoy it to its full potential come spring.

1. Rehabilitate eroded shorelines:

As algae and vegetation growth subside, there are many opportunities to tackle management projects that could not be accommodated during the summer. Erosion around shorelines often becomes more visible and this short window before winter is perfect to introduce a bioengineered shoreline using SOX Solutions. Depending on the size of the affected area, SOX can be installed within a few days or weeks to anchor sediment in place. It can then be planted with grass or sod to restore aesthetic beauty to the landscape around your waterbody. The knitted mesh system’s strength and integrity ensure the transformation is safe and long-lasting.

1. Rehabilitate Eroded Shorelines (before) - resized1. Rehabilitate Eroded Shorelines (after) - resized
2. Manage nuisance and beneficial plants

2. Manage nuisance and beneficial shoreline plants:

In addition to addressing dangerous erosion issues, the shoreline should be examined for woody vegetation and invasive plants like Phragmites australis, both of which should be physically removed to prevent further destabilization and potential damage to stormwater equipment. Native buffer species should be trimmed and the clippings should be removed from the site. Likewise, falling leaves, grass clippings, and other fall materials should be cleared to ensure they do not enter the water, decay, and create harmful water quality imbalances that could encourage algae growth come spring. Plant matter is also known to clog stormwater equipment and floating fountains.

3. Restore valuable depth

3. Restore valuable depth and volume:

If erosion and plant decay have accumulated over many years due to lack of proactive management, it may be time to restore depth in affected areas with hydro-raking. A hydro-rake is a floating barge with a mounted backhoe that can gather up to 500 pounds of muck in each scoop and deposit it on the land for disposal. Because a hydro-rake works from the water, it does not impact delicate shorelines. Fall is a perfect time for hydro-raking projects so the accumulation of leaves, branches, and decomposing plant matter can be removed before they negatively impact water quality conditions later in the year.

4. Execute your aeration plan

4. Execute your aeration plan:

That brings us to aeration. If your lake or pond has a fountain, now is the perfect time to schedule an ‘oil and seals’ service, which should be performed every three years. For those who live in colder climates, you may desire removal and winter storage for your fountain. If so, this should be completed by early December. In slightly warmer climates, fountains and submersed aeration systems can be left in the water to reduce ice formation and prevent stratification (the distinct layering of water temperatures and dissolved oxygen levels), which can cause fish kills. And new solutions like Oxygen Saturation Technology can also prevent fish kills by introducing necessary oxygen to anoxic layers of the water without causing thermal stratification.

5. Collect data & identify...

5. Collect Data & Identify physical changes in your waterbody:

Proactive management is crucial to preserve the long-term health and beauty of your water resources. However, no two waterbodies are exactly the same and benefit most from a customized plan. Data is an important tool to help learn what your lake or pond needs to thrive. Just as water quality testing provides insight into the chemical components of the water, it is also beneficial to examine the physical components of the water resource.

Bathymetric mapping is the go-to tool to “see” below the surface and uncover the unique depths, contours and structural components at the bottom. When completed every 3-5 years, bathymetric studies can be compared to track physical changes over time. Other types of mapping can reveal total surface area and sediment accumulation, making it easier to create a timeline and budget for future dredging needs.

Mapping can take place any time of year, but it is often prioritized during the fall when the valuable data is used to facilitate planning or permitting needs and inform budget projections.

6. Stock winter sport fish

6. Stock winter sport fish:

While most sport fishing tends to subside as temperatures decline, angling activities do not have to end. Autumn provides the perfect backdrop to stock rainbow trout, which thrive all fall and winter. To do this successfully, it’s important to ensure water temperatures have consistently reached below 70 degrees. Once introduced to your waterbody, trout will thrive over the next few months until temperatures rise back up in the spring.

Stocking a lake in the fall is one of the easiest things owners can do to create some fish diversity and to add excitement to their fishing experience. Trout are especially fun to fish and can transform a community pond from just an aesthetic feature to an exciting meeting place for adults and children alike.

rebalance water quality - nutrient remediation and liming

7. Rebalance water quality:

In addition to trout stocking, waterbodies prized for their year-long fishing experiences can benefit from pond liming. In acidic ponds, liming is an important method for correcting the associated water quality issues and improving fish productivity. Fall and winter are the recommended timeframes to complete these applications as they can’t always be prioritized during the growing season. The process is delicate, so it’s important to consult with a freshwater management professional to implement a water quality assessment and determine if liming is right for your waterbody.

water testing - lake assessment - surveying - mapping - solitude team - colleague - leadership - community

Takeaways:

Though year-round annual management is an important part of pond ownership, fall is a great time to implement a variety of techniques and strategies that aren’t always feasible during the warmer months. It’s also a time to consider your goals for the following year and begin the planning required to achieve them. Your professional lake manager can help you throughout the process and ensure you are on the right track to maximize your budget and the enjoyment of your waterbody for years to come.

 

Find out more about SOLitude Lake Management. Members of SFPMA helping clients with their water bodies all over Florida and in Many other States. 

 

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HOA Parking Lot Flooded? Now is the time to give Allstate Resource Management a call!

HOA Parking Lot Flooded? Now is the time to give Allstate Resource Management a call!

 

Our schedule is filling up fast for storm drain cleanings, the rain that occurs in the summer can flood your HOA quickly!

Contact us to talk to a Stormwater Specialist today!

Contact us at 954-382-9766 or info@allstatemanagement.com

Learn more about how Allstate Resource Management can help.  View our Membership Page on SFPMA Directory and Contact us.

Allstate Resource Management has over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management. Our services include lake management, wetland management, stormwater drain cleaning and maintenance, erosion control, fish stocking, native plantings, debris removal, water quality, aquatic pest control, and upland management. All of our technicians are thoroughly trained and certified in order to meet the strict standards imposed by governmental agencies. This ensures that your property will be treated by only the most competent individuals who are proud of the services we render.

In addition to providing a healthy habitat, we specialize in the installation and maintenance of beautiful color lit fountains, bringing beauty and enjoyment to any lake or pond.

We also offer support services for property managers and HOA’s including educational presentations and CEU programs. Our approved courses offer continuing education credit to CAMs. When you search the Upcoming Events page on SFPMA each month you will find the Educational Classes Offer or Contact us directly so we can schedule an event at your Condo or HOA with a day packed with information and fun for all.

Colleen Sullivan
Marketing Manager
www.allstatemanagement.com
6900 SW 21st Court, Building #9
Davie, Florida 33317
Phone: (954) 382-9766
Fax: (954) 382-9770

 

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3 Lake Webinar Today: Management Strategies That Won’t Bust Your Budget Sept 27 | 1 PM (EDT) | 1 CE Credit*

3 Lake Webinar Today: Management Strategies That Won’t Bust Your Budget Sept 27 | 1 PM (EDT) | 1 CE Credit*

  • Posted: Sep 27, 2023
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Our expert will reveal how you can manage your lake or stormwater pond without going over budget!

Sign up today and learn the three categories of lake management expenses and how you can avoid costly restoration services. Earn 1 CE Credit!

REGISTER HERE
This webinar is approved for 1 CE credit for Community Managers and is also open to the public. Can’t make the live webinar? Register anyway and you’ll receive a recording.

 

MEET YOUR PRESENTER
David Cottrell
Botanist, Lake Management Expert,
Business Development Consultant

* This course is approved for 1 credit hour by the Community Association Managers International Certification Board (CAMICB) and the Florida Department of Business and Professional Regulation (DBPR)

 

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FLORIDA’S NEW “LIVE LOCAL” ACT By Eric Glazer, Esq.

FLORIDA’S NEW “LIVE LOCAL” ACT By Eric Glazer, Esq.

FLORIDA’S NEW “LIVE LOCAL” ACT

By Eric Glazer, Esq.

Here’s a new law that is already causing chaos in our communities.  As many of us are unfortunately already learning, there is a lack of affordable housing in our state.  In order to combat this problem, The Florida Legislature passed a new law.

The Live Local Act is a new Florida law that was designed to increase affordable housing development. The nearly 100-page piece of legislation allocates up to $811 million for affordable housing programs. It also carves out a variety of tax incentives, land-use policies and other strategic initiatives to encourage developers to build more affordable housing in the state.  Among them is a provision that modifies the approval process for new housing developments by requiring local governments to relinquish control of several zoning and land-use regulations.

Although I have not had the time to review the new law, it appears that the major problem with the new rules is that apparently, local officials are preempted from weighing in on zoning, density and height restrictions for eligible developments. Qualifying projects are defined as any residential housing project on commercial, industrial or mixed-use land that allocates at least 40 percent of units to be affordable for residents earning up to 120% of the area median income.

Think about this for a moment.  Think about a piece of land in your community that is commercial, industrial or mixed use and that is only a story or two tall.  Think about the fact that your local zoning laws require the structure to remain only a story or two tall.  Now think about throwing those height restrictions in the garbage, and instead allowing a developer to build affordable housing that is 30 stories tall on all of these properties, and nobody in your community has the power to stop it.  That’s the position that developers are certainly taking.

All of your local laws regarding height and density would be pre-empted by this new law and affordable housing, as tall as can be, would be the new law of the land.  Cities like Doral and Miami Beach are already fighting back.  No doubt that the courts will have to weigh in on this one.

Should the State of Florida be allowed to make a law that pre-empts your local zoning code and instead allow affordable housing to be built on any commercial, industrial or mixed-use property, without any restriction regarding density or height?  Seems scary to me.

 

 

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Have a dynamic and interactive discussion about Constructions Defects from the legal perspective and the participation of the engineer during the process.

Have a dynamic and interactive discussion about Constructions Defects from the legal perspective and the participation of the engineer during the process.

  • Posted: Sep 27, 2023
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Have a dynamic and interactive discussion about Constructions Defects from the legal perspective and the participation of the engineer during the process.

Click here to register today!

 

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