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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
The Florida insurance marketplace is in complete disarray. Associations need to be prepared for what the next 18-24 months of a continued hard market will do for their budgets.
as they discuss the status of the insurance marketplace as it relates to property, liability, directors and officers, and umbrella/excess policies. #Webinar
Florida Condo & HOA Law – Powered by beckerlawyers.com
Our philosophy is “Integrity First.” It is the principle that governs everything we do. We build relationships based on trust, while keeping our high moral and ethical standards as the foundation. PSI Roofing is committed to delivering the right roof for your specific need. Our customer service has developed numerous long term clients since 1994. Our approach is to offer cost effective and timely solutions to all our customers’ roofing issues, while placing an emphasis on quality. By utilizing the best materials in the industry with our highly trained workforce, PSI Roofing is able to offer a final product that ensures customer satisfaction for every project we take on.
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If you’re reading this, it’s likely because your condominium or homeowners association has decided to take action regarding your unpaid assessments. You’ve received the letter from an HOA collection agency and now you have some serious choices to make.
You’re facing a very difficult situation, but there is at least a thin silver lining–your association’s board of directors has decided not to send your file to the association’s attorney. Many associations make the drastic decision to jump straight to the Big Red Button when it comes time to take action about delinquency: engaging the community’s attorney to foreclose. When this happens, even if you fight it in the end, it will cost you a lot of money or your residence. It’s not a nice process but that is how it is done in most cases of owners defaulting on their obligations to their HOA/Condo. Eventually, you will pay what you owe and that will also include attorney fees and costs.
Instead, you have an opportunity now to avoid all that potential sunk money and aggravation by working with your HOA or Condo and their collections partner.
If your HOA or Condo association has engaged an ethical collection agency (like us), then you are in luck. It is almost as if the HOA has given you a second chance at redemption at a reasonable cost! Though it may seem counterintuitive to believe that a collection agency would be good news, it is. You’re not being forced to settle with an attorney and saddled with outrageous attorney’s fees. Instead, you should be able to make your community whole on a reasonable payment plan without the added costs and fees of engaging legal counsel.
An HOA collection agency such as Axela Technologies should understand that every delinquency has a story and families behind it–that the people who are delinquent do not all deserve to be foreclosed upon. An HOA collection agency should not only reach out to talk to you but should work with you and your needs. Getting on the phone to review and seek out solutions is what they do. Payment plans are often very effective and serve to not only make the association whole but increase harmony among the owners.
If you are really squeezed for funds, it may be worthwhile to consider alternative funding options, such as a Home Equity Line of Credit. If this is an option you’re thinking about, though, keep in mind that you’ll need to work quickly, because if the HOA puts a lien on your property, then there will be an obstacle to getting this credit facility.
At the end of the day, the best advice is the same advice we would have given the moment you got your first warning letter: pay attention to the notices that your management company and board of directors send you. This is one situation that cannot simply go away on its own, and should it escalate and the board sends you to an HOA collection agency, move fast. Get in contact with them and begin the process of getting yourself paid up and securing your residence.
However, if your HOA or condo association is still using an attorney to recover delinquent assessments, or is using a generic or predatory collection agency, perhaps your board can take a more appropriate response and engage Axela Technologies. We specialize in HOA and condo association collections, and take an ethical, human-focused approach when handling delinquency and recovery. Call us today to get more information for your community.
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Tags: Management News, Management Tools
As a member are you sending us articles?
Are you using your membership to get infront of the decision makers?
Summer is here, Our team of over 77 are still working each and every day keeping everyone informed.
SFPMA uses Social Media to inform Clients, Members and Followers. Groups are open to everyone, we send and promote information about member companies that work together in the Property Management Industry. – Supporting each member company and information; getting this information out to readers new members and our industry is important to us!
Most companies do not realize how important it is to let others know what you do on a daily basis. We watch, we visit many of the social media pages for our members. What we see is alarming!. Far to many companies do not utilize what Social Media has to offer them. This is why we are always looking for posts that we can reshare we realize you are not!
By utilizing Social Media, Clients get to know and trust that your company is here to stay! These visitors and clients will reshare details that you post about workmanship, advances or just new work you have performed. When you are proud about what your company does, and share, viewers see this and reshare and like your pages. Great Lead Generation – And its Free. Put some work into your Social Media Presence.
State of Florida Property Management Association; On our Website you can find on our Licensing Course Partners the Licensing Courses are offered to you to become a CAM Manager in the State of Florida!
1. Must a Florida property management company have a real estate broker’s license
YES. Key components of property management (renting and leasing) are considered a real estate activity under existing Florida real estate licensing laws. A property manager needs a brokers license if he or she is paid by commission, and is handling rentals and leases for others.
No license is required for managing personally owned properties. There is a “Property Manager” license or certificate you should have. Also, certain rental properties need a license through the Div. of Hotels and Restaurants.
2. Are there any exceptions to the requirement that a Florida property manager have a broker’s license?
YES. For example, if a property owner employs someone to manage their property, and that “employee is paid a salary”, as opposed to being paid a commission or on a transactional basis, a broker’s license is not required.
For more information about these and other Florida property management requirements and exceptions, please contact the Florida Real Estate Commission.
Before hiring a property manager to manage your Florida rental property, you should always check that he or she is licensed appropriately. You can check the license status of Florida property managers at the Florida Department of Business and Professional Regulation’s Licensee Search webpage.
3. Must Florida community association managers have a real estate broker’s license?
No. However, a Community Association Manager license is required if someone receives compensation for providing management services for the following types of associations:
4. Florida Real Estate Broker License Requirements
Florida real estate broker licensing requirements include:
5. Florida Real Estate Salesperson License Requirements
Florida real estate salesperson licensing requirements include:
6. Florida Community Association Manager License Requirements
Florida community association manager licensing requirements include:
Tags: Florida CAM Licensing, Management Business Articles, SFPMA Articles
WHAT WE PROVIDE CONDO & HOA’S
Property Inspections & Site Analysis
Review of your Insurance Policy
Damage Report Backing up the Claim
Loss Estimates Documentation
Negotiation and Settlement with Insurance Companies
Tags: Public Adjuster Articles, SFPMA Articles
Q: I am considering running for the board of my condominium association. However, there is a lot of work involved in being on the Board. It can be a thankless position, which discourages many owners from volunteering. Can we compensate the members of the board as a way to encourage people to serve?
A: The Florida Condominium Act states that unless otherwise provided in the bylaws, the officers and the directors shall serve without compensation. So, unless your association’s bylaws provide for such compensation, compensation is prohibited.
The Florida Homeowners’ Association Act contains similar language.
While your sentiments are spot on, boards being paid for their service is very rare in the community association realm. I do think there would be some basis for concern as to whether paid directors would be held to higher standards of legal liability, as well as whether the typical nonprofit Directors and Officers Liability Insurance Policy written to cover association directors would be available.
Q: I received the first notice of my condominium association’s annual meeting just over a month ago. The first notice included a “Notice of Intent” form that had to be submitted by any owner wishing to run for the board of directors by the stated deadline. One of the owners that submitted a Notice of Intent is behind on the payment of her assessments. However, she told our association manager that she would pay her assessments in full before the election. Can she run for the board as long as she pays her assessments before the election?
A: A unit owner desiring to be a candidate for the board must give written notice of his or her intent to be a candidate to the association not less than 40 days before a scheduled election. The law states that an owner must be eligible to be a candidate to serve on the board at the time of the deadline for submitting a notice of intent.
The Florida Condominium Act contains a number of eligibility requirements for candidates, one of which is that the candidate must not be delinquent in paying any assessment to the association. According to changes in the Act that became effective on July 1, 2021, a person is considered “delinquent” if a payment is not made by the due date of the assessment as specifically identified in the declaration of condominium, bylaws, or articles of incorporation.
Prior to the July 1, 2021 changes, an individual was not eligible if they were delinquent in the payment of any “monetary obligation” to the Association (as opposed to the current version of the law which states delinquent in the payment of assessments). For example, someone who had not paid a fine would be ineligible under the old law, the new law limits eligibility to assessment payment.
If the candidate in your community was delinquent on the 40th day before the election, this individual would not be eligible to be a candidate and cannot be listed on the ballot.
Q: Most of the members of our board will be leaving our condominium soon to go back to their Northern residences, making it very difficult for us to have in-person board meetings. Can our condominium board vote via e-mail? (M.J.)
A: The Florida Condominium Act specifically provides that members of the board may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. Although there may be certain day-to-day decisions that do not require a vote of the board that can be discussed via e-mail, any action that requires approval of the board under your condominium documents or the Act must be done at a duly noticed and open board meeting.
The good news is that the Condominium Act does allow board members to participate in a meeting via telephone or real-time videoconferencing. If a director participates via videoconference, for example, the director’s participation counts towards a quorum, and the member can vote as if physically present.
Jennifer Biletnikoff is a Board Certified Specialist in Condominium and Planned Development Law and represents condominium, cooperative, mobile home and homeowners’ associations located throughout Southwest Florida including Collier, Lee, Sarasota and Charlotte Counties. She has particular experience in covenant enforcement and foreclosure law, and has also practiced in the areas of commercial, business and tort litigation.
Tags: Board of Directors, Condo and HOA, Management News, Members Articles
SFPMA works throughout the State of Florida, we are a multi-member organization for the Condo, HOA and Property Management industry. Through knowledge based Articles, Events and our Members Directory, Clients find the right information to make an informed decisions for their Florida properties.
