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

Condo Craze & HOA’s” (RADIO SHOW) on 850AM/WFTL & YouTube with Eric Glazer Sundays 11am-12noon.

Condo Craze & HOA’s” (RADIO SHOW) on 850AM/WFTL & YouTube with Eric Glazer Sundays 11am-12noon.

Board Members, Owners and Managers are you watching or Listening to>

Condo Craze & HOA’s” (RADIO SHOW)

on 850AM/WFTL & YouTube with Eric Glazer

Sundays 11am-12noon.

Eric M. Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2 decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board certified by The Florida Bar in Condominium and Planned Development Law and the first attorney in the State that designed a course that certifies both condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state.

Mr. Glazer is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

Keep up to date with condo and hoa laws!

Ask Questions on air!

Watch and or Listen Every Sunday Morning

 

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ELECTIONS, INSURANCE, AND A SENSELESS DEATH

ELECTIONS, INSURANCE, AND A SENSELESS DEATH

ELECTIONS, INSURANCE, AND A SENSELESS DEATH
This season, more than any other of late, the issue of condominium election ballot verification reared up. The condominium election process is unique and very regulated. In addition to many other requirements, ballots are to be placed in an inner plain and unmarked envelope which is to be placed inside a larger envelope which must, as per Florida law, contain the unit owner’s name, address, unit number and signature. As part of the election process, this information is later verified against the associations’ membership records to ensure that only the unit owner, or the unit owner’s designated voter, cast their ballot. It is the plain inner envelope that guarantees anonymity.

Given the sheer volume of units in many condominium communities, which translates to the number of ballots that can be received, the process of tabulating the ballots can take hours. To speed things up, some condominium communities prefer to verify the outer envelope information in advance of the election ballot tabulation that takes place during the annual members’ meeting. That said, and what may come as a surprise to some, is that you cannot just start verifying the outer envelopes. If you do, then your entire election is subject to challenge. Tampering with the election materials creates an inescapable cloud over the entire election process from which there is no escape, but a new election. It is so simple to avoid, too.

 

Section 61B-23.0021, of the Florida Administrative Code, details the verification process as follows: “Any association desiring to verify outer envelope information in advance of the meeting may do so as provided herein. An impartial committee designated by the board may, at a meeting noticed in the manner required for the noticing of board meetings, which shall be open to all unit owners and which shall be held on the date of the election, proceed as follows. For purposes of this rule, “impartial” shall mean a committee whose members do not include any of the following or their spouses: 1) Current board members; 2) Officers; and 3) Candidates for the board. At the committee meeting, the signature and unit identification on the outer envelope shall be checked against the list of qualified voters. The voters shall be checked off on the list as having voted. Any exterior envelope not signed by the eligible voter shall be marked ‘Disregarded’ or with words of similar import, and any ballots contained therein shall not be counted.” Now you know how to have your cake and eat it, too. Just follow the simple procedures to verify the outer envelopes and you can be home in time for the 10:00 P.M. news.

 

Once you are elected to the board, make certain the directors’ and officers’ liability coverage is in place. In most instances, a board member’s duty is to exercise their reasonable business judgment. They can make decisions that later turn out great or bad, but so long as they acted reasonably under the circumstances, and without malicious intent, the association’s insurer typically stands by their coverage obligations. Noteworthy is that, as related to procurement of insurance, a condominium board member’s statutory duty as set out in s. 718.111(11), Fla. Stat, is one of “best efforts”. Casualties of all sorts can occur at any time. For example, just look to the recent tragedy that led to the death of Trayvon Martin.

 

Friends, family and clients are all asking, will George Zimmerman’s homeowners’ association be sued? Yes, most likely it will. That is one deep pocket not likely to be missed. We could also see intentional tort claims brought against the individual directors by the victim’s family. If such claims are victorious, then it’s the individual directors who are liable, not the association’s insurer. Under the circumstances, as reported thus far, a finding of individual board member liability is not unlikely.

The more difficult question to answer is whether the HOA will have liability for its actions or failures to act? Was the association, based on the acts of its boards (both past and present) negligent or grossly negligent (reckless disregard that rises to such a level so as to appear to be an almost willful violation of the safety of others)? If so, the insurers would likely fight to pay only their fractionalized share of the association’s blame. This is referred to as “contributory negligence” where each culpable party pays their share of the blame. You might also hear about some court activity where the plaintiffs try to force the association to suffer its judgment separate from the other defendants. Doing so could create opportunity for larger settlements and judgments. Think of it this way, would you rather receive just $1,000 from 10 people, or have 10 people each give you $1,000?

 

In many ways, suing a homeowners’ association is like suing a successful, well capitalized corporation. Without proper insurance coverage in place, a judgment against your association would also be your next special assessment. Make sure your association’s insurance professional is made aware of all activities taking place in your community, from watch committee activity to use of the clubhouse by private organizations. Crime and accidents occur everywhere, at any time, when you least expect it and without notice. Advance planning is your only defense.

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SO HOW ARE ELECTIONS GOING TO WORK?  By Eric Glazer, Esq.

SO HOW ARE ELECTIONS GOING TO WORK? By Eric Glazer, Esq.

SO HOW ARE ELECTIONS GOING TO WORK?

By Eric Glazer, Esq.

Unfortunately, it looks as if we will still need to social distance when it’s time for our annual elections.  So how do we do this practically?

In a condominium, it’s much easier than an HOA to run the election with social distancing because the procedures allow for mail-in ballots.  The association must still have an in person  “annual meeting” but it can be very small, with only a few people showing up while everyone else tunes in to watch live on their computer.

The votes can be counted by any volunteers in attendance, or the ballots can be forwarded to counsel for the association, who, with volunteers appointed by the board in advance, can count the ballots at the attorney’s office — and everyone can watch live on their computer.  It really is no big deal.

It’s more complicated in an HOA however, because typically HOAs don’t follow the same election procedures that condos do.  Ballots are not mailed in.  People must vote in person, after nominations are taken from the floor.  And, after nominations are taken from the floor, parcel owners are then given a ballot and asked to write in the names of the candidates of their choice. How can nominations be taken from the floor if people are afraid to go to “the floor?”  How can we distribute paper ballots to people who are logged on by the computer?  The truth is….we can’t.

So for HOAs who have real concerns that their election process will be tainted because it’s impossible to comply with the procedural election requirements of their bylaws, I have a suggestion.  AMEND YOUR BYLAWS AND DO IT NOW.  I always thought the HOA election process stinks and that the condo statute is far superior.  Well, now is a perfect time to convince your community that if they want fair elections to occur in their community and that will allow them to vote from home during a pandemic, their docs need amending now.

 

As Eric mentions, amended the HOA By-laws now. It is much easier to amend the By-laws as opposed to the Declarations.

Comment -There is a BIG difference between a Condo and HOA. Two different laws, one association is regulated by the DBPR (Condo) and the other is a half baked regulation for only recalls and elections by the DBPR. HOAs are at the greatest risk. It allows elections to be held in accordance with the antiquated by-laws of the Governing Documents. There are over 10 different ways to hold an election because there are so many variables in the individual by-laws. It is hard enough to hold an HOA election because of quorum requirements. No wonder property owners ignore HOA annual meeting elections and board meetings. It was so simple pre-FS 720.

 

 

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You know you’re doing great when you get hired for more than 1 job on a single project. by United Professional Engineering

You know you’re doing great when you get hired for more than 1 job on a single project. by United Professional Engineering

  • Posted: Nov 08, 2023
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You know you’re doing great when you get hired for more than 1 job on a single project.

From various concrete repairs to balcony slabs, walkways, columns, beams and metal framing, to condition assessments, drawings, bids, specs, special inspections, United Professional Engineering took care of this restoration project from start to finish.

We are the experts and we pride ourselves in quality service. Contact us today at (561) 582-1733 or visit upefl.com.

 


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! Contact us today! 561-582-1733

 

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“RIMKUS” IS A WORLDWIDE LEADER IN ENGINEERING, CONSTRUCTION MANAGEMENT AND CONSULTING AND SO MUCH MORE.

“RIMKUS” IS A WORLDWIDE LEADER IN ENGINEERING, CONSTRUCTION MANAGEMENT AND CONSULTING AND SO MUCH MORE.

“RIMKUS” ENGINEERING, CONSTRUCTION MANAGEMENT, CONSULTING AND SO MUCH MORE…

FOR THOSE OF YOU WHO NEED ANY ASSISTANCE WITH YOUR 30, 40 OR 50 YEAR INSPECTIONS, CALCULATING AND PREPARING YOUR NEW RESERVE STUDIES OR NEED REPAIRS TO YOUR CONDOMINIUM PROPERTY — WATCH THEIR ONE MINUTE VIDEO.


Building Envelope Assessments

 The Rimkus Architecture, Engineering, and Construction (AEC) Building Envelope Services team can provide a complete assessment of a structure’s building envelope (façades, roofs, windows, balconies, walkways, parking areas, etc.) describing the condition of such and all items in need of repair. A recommended timeline and a projected construction cost will also be provided to assist the owner in projecting future budgets.For a full survey of all building components, Rimkus can increase the scope of the survey and provide a full Property Condition Assessment (P.C.A.) including mechanical, electrical and plumbing systems, elevators, and interiors.Building Envelope Assessments and PCAs are typically provided with 5- or 10-year projections; however, they may be customized to the client’s needs. These reports can be utilized as a tool to help create capital expenditure budgets and establish maintenance schedules.

Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency. Our building envelope services include:

  • Façade Inspections
  • Façade Restoration
  • Building Envelope Assessments
  • Roof Consulting
  • Waterproofing and Weatherproofing Assessments and Design
  • Historic Preservation
  • Pavement Engineering

RIMKUS

http://www.rimkus.com

AECAssignments@rimkus.com

800-580-3228

 

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Please call, text or email Chuck’s Painting, Inc. for all your Commercial and Residential painting needs.

Please call, text or email Chuck’s Painting, Inc. for all your Commercial and Residential painting needs.

This Project Located in Weston, Florida this house was fully renovated on the interior. The only thing left to do was to make the outside as beautiful as the inside. As you can see, we exceeded the homeowner’s expectations. For the past 44 years Chuck’s Painting, Inc. has been servicing the South Florida area

 

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Members can now upload articles to our BLOG.

Members can now upload articles to our BLOG.

Our IT Team is adding the ability for members to write articles.

SFPMA BlogSFPMA has been asked “Can members write articles that can be published on our website” The answer is yes!

Write Articles, Upload them These will be set to the category you selected. We will use these and share them with our over 200,000+ subscribers and through other RSS web services we use for distribution in our industry. Start today sending articles. Let the industry know what you do? and new company news? Let us share them or you can click the social media sharing buttons and post these to your pages, Let others find these on your pages.

View our Blog Page: you will see   Members Submit your Articles  This is the form on the Front End that will allow you to write these and upload them.
We are still coding this and will have all features working properly, you can still send us articles via email, membership@sfpma.com

Thank You

SFPMA State of Florida Property Management Association.
SFPMA.COM

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Learn about hiring a professional management company

Learn about hiring a professional management company

  • Posted: Nov 06, 2023
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Search management members working in, Residential, Commercial, Industrial, Single Family and Multi Family.

 

“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.

 

Search Management Members

Join and we will give you a florida list of over 3000 member companies to start you with marketing.

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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Who is SFPMA ? -We are a member organization for Florida’s Condo, HOA and Property Management Industry.

Who is SFPMA ? -We are a member organization for Florida’s Condo, HOA and Property Management Industry.

  • Posted: Oct 23, 2023
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We are a member organization for Florida’s Condo, HOA and Property Management Industry. SFPMA.COM

Our Goal is to promote the many member companies in our industry and get you in front of the decision makers.

Our team is made up of professionals who work in our industry. These leading professionals who genuinely want to see you succeed and who will be thoroughly committed to helping you achieve your goals.

Our Members include: Property Management Companies, Building Owners, HOA’s, Condo Boards, Self Managed Associations, Business and Service members throughout Florida.

Working with professionals at offices throughout Florida. We are dedicated exclusively to clients that work with condominium, homeowners associations and property managers.

 

  • It starts with your membership listing on the Florida Directory, where management professionals can easily find and select companies needed for getting repairs completed and requests for proposals on new projects.
  • Our Directory makes it easy for Condo & HOA Boards and Managers to find trusted companies throughout Florida. In addition our team helps them find the right companies for their buildings.
  • Every month we add events to our Calendar, many offer ECU Credits and Certifications for Board Members to Management Professionals. 
  • We market our members using many avenues, through industry articles written by members, advertising in our publications and direct emails sent each week to over 230,000 clients. 
  • On the business side are our committees that lobby on issues related directly to our industry with a voice in our state capital. They advocate to achieve our goals and the goals for our members. 

*Join the State of Florida Property Management Association: ( sfpma.com ) Be found on our members directory by clients looking for the services you provide.

this week over 140. calls came in asking us if we are a property management company. we took the time to let these clients know about us, they were vendors trying to get infront of the decision makers for their services…Many of them are now members of sfpma.

Keep reading our Email blasts for all the new members, with such a large amount of new members we are doing our best to add all of them with all of their company information.

We are adding to our directory, redesigning and adding Category Pages. We are also working on our magazine, with  new info and new look it will be packed with more helpful information for our industry. Florida Rising Magazine

 

Thank you from all of us at SFPMA! ~Frank J Mari / Executive Director

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Good leadership and governance for Florida Board Members by SFPMA

Good leadership and governance for Florida Board Members by SFPMA

  • Posted: Oct 23, 2023
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Good leadership and governance for Board Members

“Seven keys to a successful board meeting”

One of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

It sounds basic, but one of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

Boards, in general,  do well with more fundamental board members understanding responsibilities — understanding the organization’s mission and providing financial oversight. Conversely, they struggle most with external responsibilities, including fundraising, advocacy, and community-building and outreach. This lack of understanding of what is — and is not — a part of the board’s essential roles can lead to a whole host of dysfunctions, such as micromanagement, rogue decision-making, lack of engagement, and more.

Since it’s impossible to do a job well if you don’t know what the job is, all boards must take the time to ensure that every board member fully understands what’s expected and needed of him or her, and then hold all members accountable when they get off track.

This starts with an understanding of the fundamental legal duties of each individual board member, which include:

  • Duty of Care — Each board member has a legal responsibility to participate actively in making decisions on behalf of the organization and to exercise his or her best judgment while doing so.
  • Duty of Loyalty — Each board member must put the interests of the organization before their personal and professional interests when acting on behalf of the organization in a decision-making capacity. The organization’s needs come first.
  • Duty of Obedience — Board members bear the legal responsibility of ensuring that the organization complies with the applicable federal, state, and local laws and adheres to its mission.

 

Board meetings should be productive, efficient meetings where the board conducts business. Stop and think about that for a minute. Are your meetings productive and efficient? Does the board meet to conduct business or socialize? Are you getting the most out of your meetings?

We’ve put together seven keys to a successful board meeting. Following these suggestions can bring new life to your association and keep volunteers interested in helping.

 

1.- Board meetings should not last more than one hour. Start the meeting when it is scheduled to begin and get straight to business. If you collectively have the focus to get done in an hour you’ll be amazed with how much you can accomplish. If you have no time limit, the meeting will typically drag on and a lot of time will be wasted.

When time is wasted at a meeting then people are less likely to volunteer because they feel their time is wasted. One hour meetings have a major impact on volunteers. Associations that hold focused, one hour meetings have more people volunteer. It’s also important to note that those volunteers stay active the in the community for much longer. Length of your board meetings may seem like a trivial matter, but it really does have a large impact on how the volunteers of the association view the organization and, in turn, how they view their role.

 

2.- Make your meetings action oriented. Don’t just discuss issues, make decisions. Every item up for discussion should end in a vote to move forward in some way or table the issue with a clear understanding of why the item is being tabled and when it will be revisited. When taking action on an item make sure it is clear who will be responsible for getting that task completed. Ambiguity cripples a board.

 

3.- Board Meetings are for the board. They are not neighborhood meetings or social gatherings. The purpose of a board meeting is to conduct business, not see how many people you can get to attend. Some board members try to get as many people to attend as possible. This is missing the point. Homeowners are, of course, welcome to attend but it is not a membership meeting. The purpose of the board meeting is for the board to consider the affairs of the association, make business decisions, and then have a clear plan of action.

 

4.- Take time prior to the meeting to think about what you want to discuss. Inform the community manager of this one week prior to the meeting. This way your topics of discussion can be placed on the agenda which will allow the other board members and the community manager the opportunity to think about and/or research the item you want to talk about. When you don’t come prepared and spring things on the other board members or on the community manager this typically results in a lot of unnecessary discussion with additional research needed in order to make any kind of decision. Remember, be action oriented. By planning ahead you can make more decisions at the meeting instead of causing an item to be discussed twice and delayed for months.

 

5.- There are an odd number of board positions for a reason. You will not always see eye to eye. Don’t take it personal if the other members of the board disagree with you. This will occur and is healthy. While each board member should attempt to come to a consensus with the other members, you will not be able to achieve this each time. Countless hours are wasted by board members continuing to argue a point just to obtain “victory” on a certain issue or to avoid any vote that is not unanimous. This occurs because someone is taking it personal. If your view is not shared on an issue, take a vote, and move on. Do not hold a grudge. Recognize that you can disagree and still work well with each other.

6.- If you think you may have a conflict of interest do not vote on that issue. Let’s say a board member’s spouse is on a committee. If the board is making a decision on an issue related to that committee then the board member with the spouse on that committee should excuse him/herself.

 

7.- Most associations should hold quarterly meetings (unless your bylaws require more). Meeting more often than that becomes excessive and unnecessary. Remember you want to have focused, short, productive meetings. This keeps people interested in serving on the board and on committees. If the association is constantly meeting then people feel it is taking too much of their time and they will stop volunteering. It is important to note that you are required to comply with the minimum meeting requirement in your bylaws. Most association bylaws require no more than quarterly meetings, but check yours to be sure.

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