CONTACT YOUR LEGISLATORS TO DEMAND THEY STOP TAKING RIGHTS AWAY FROM YOU….
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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
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The Jansen Family have been serving the homeowner and construction industry of the Florida Gulf Coast from Fort Meyers to North Tampa, Tarpon Springs and the Islands since 1973. In 2002, Phillip Jansen and his son Travis opened Jansen Shutters & Windows with the intention of providing the best hurricane protection necessary to ensure the safety of your family and business.
As our company grew we expanded out product line to include, Out Door Living Products. Which includes our exclusive “Jansen Vista” Motorized Insect Screens, Fabrication, Louver, Pergolas and more. We are proud to say everything we manufacture is American Made. Our work does not stop at installation, we believe it is necessary to educate our customers about the products we provide. So you can pick the best products that fits your lifestyle and budget.
Providing Hurricane Protection, Storm Protection Products, Hurricane Windows and Entry Doors in Sarasota, Venice, Englewood, Boca Grande, Punta Gorda, Port Charlotte, Osprey, Nokomis, Long Boat Key, Bird Key, The Keys, Siesta Key, Casey Key, Manasota Key, Bradenton, Pinellas, Tampa, Odessa, Parrish, St. Petersburg, Clearwater, Anna Maria Island, City of Sarasota, Cape Coral, Tarpon Springs, and all surrounding areas.
On this home we installed rolling screens along with a large retractable awning to provide shade whenever needed.
Rolling shutters provides the ultimate security and protection for your home.
Jansen Shutters & Specialties manufactures two types of rolling shutters for your storm shutter needs. Give us a call to schedule your free estimate. West coast of Florida call (941) 484-4700 or east coast call (407) 686-4117.
If you are looking for a screen to install on your garage door opening, give us a call. In addition to replacing your garage door, we can also provide a custom insect screen that will allow you to use your space in your garage without worrying about pesky flying pests.
Give us a call on the west coast of Florida at (941) 484-4700 or on the east coast at (407) 686-4117.
Our Offices were again impacted by a severed communication line, the neighboring construction has cut through a communication line four times in the last 2 months. This morning speaking with the construction foremen he stated they would do everything they can to get the building back on line……but they have to have this repairs done by the communications company / Comcast.
Please contact us by Email: membership@sfpma.com
all phone lines (voip) are down through the internet.
Sorry for any inconvenience.
SFPMA
While each state must follow the FDCPA, most have additional laws that regulate how debt collectors interact with consumers. Use the map below to learn how your state regulates these laws.
Don’t see your state? Axela Technologies is licensed to do collections in every state. We are taking care to build out a comprehensive guide outlining collection laws for each state. Keep watching this space!
Axela Technologies provides no cost and no risk collections for community associations using best practice collections strategies, advanced proprietary technology, and highly trained customer service representatives. We are licensed in across the United States and compliant with the Fair Debt Collections Practices Act (FDCPA).
The FDCPA is a federal law that prevents debt collectors from harassing or misleading consumers. It covers debt collection for mortgages, credit cards, personal loans, medical debt and other types of debt for personal use. Many states have their own fair debt collection laws as well. Some of these laws mirror the FDCPA. However, some offer more protection to consumers by, for example, covering creditors as well as collectors, specifying additional types of behavior that violate state law, or providing for additional types of damages. Below you can learn about the fair debt collection laws in various states.
We are a specialized collections service which means a great deal in the community association industry. Understanding the nuances of how people fall behind in their maintenance fee payments and how to resolve their issues is a science and an art. At Axela Technologies we have what it takes to “move the needle” and recover 100% of what is owed to the association and the best part is that we are totally merit based. IF WE DON’T RECOVER YOUR MONEY WE DON’T GET PAID. A pretty simple concept but a bold promise at the same time.
Our proprietary software is second to none and we have the ability to keep the management and board of directors informed in real time 24/7. Our system never sleeps. The technology is fantastic and is only equaled by the people who will service your delinquent members and work with them to resolve their delinquency issues.
Discover how to naturally manage aquatic weed growth in your waterbody via hydro-raking or mechanical harvesting.
The answer depends on several factors, including the type of vegetation you want to be removed.
Both solutions allow you to naturally remove nuisance aquatic weeds with instant results, but which one is best for your lake or pond?
There is rarely one specific remedy for helping restore a waterbody. Often times, restoration includes a multiyear management program encompassing a combination of aquatic management tools and techniques, such as herbicide and algaecide treatments, nutrient remediation, aeration and biological augmentation. Mechanical removal is an additional management method that may be incorporated into a restoration program, and has a number of ecological benefits including nutrient mitigation, water circulation and open water habitat restoration.
Mechanical aquatic weed removal services encompasses two distinct management tools and approaches: aquatic weed harvesting and hydro-raking. While both provide ecological benefits, it is important to distinguish which option is better-suited for the specific management objectives of your lake or pond.
The aquatic weed harvester is a floating barge that cuts and effectively removes nuisance vegetation and algae from the surface of the waterbody. The plant material is collected and then offloaded, either into a container to be transported offsite or to a designated onshore compost area.
Mechanical lake weed removal offers an eco-friendly solution that does not create temporary water use restrictions during or after the work. For sensitive aquatic ecosystems, it can act as an alternative to herbicides. Mechanical harvesting can be an ideal management option for annual plants that are invasive or at nuisance levels. The aquatic weed harvester has been proven effective on water chestnut (Trapa natans), giant salvinia (Salvinia molesta), water soldier (Stratiotes aloides), and water hyacinth (Eichhornia crassipes).
The hydro-rake is also a floating barge run by two hydraulic paddle wheels, but is equipped with a 12-foot hydraulic arm with a rake attachment that is used to rake the pond bottom and remove detritus, organic sediment and aquatic vegetation with attached root systems. The hydro-rake, having no on-board storage, must offload the collected material directly onshore or onto a transport barge for removal.
Hydro-raking can be an effective alternative to herbicide and algaecide applications, but it has also proven effective in unison with these treatments. When managing emergent or floating leaf species, such as common reed (Phragmites australis) or water lily (Nymphaea sp.), herbicide application is often the first management approach, followed by hydro-raking. Hydro-raking is commonly utilized after control, to collect the plant biomass and associated root structure, negating it from contributing to the organic matter substrate below. This approach has proven effective on a number of aquatic plants such as cattails (Typha sp.), purple loosestrife (Lythrum salicaria), pickerelweed (Pontederia cordata), watershield (Brasenia schreberi) and Alligator weed (Alternanthera philoxeroides).
Hydro-raking can also serve as a more environmentally friendly and cost effective alternative to dredging. Additionally, if a lake or pond is periodically maintained through hydro raking, the need to perform a large scale dredge project may be negated, saving financial resources and prolonging ecological disruption in the process.
Both aquatic weed harvesting and hydro-raking collect plant biomass before it decomposes and contributes to the organic muck layer, maintaining or increasing overall water depth. In addition to the plant biomass, these mechanical options remove the associated nutrients (phosphorus and nitrogen) that contribute to increased plant and algae growth and, potentially, eutrophication.
These management techniques are used in a wide variety of projects on private, public and state waterbodies to help maintain or restore the open water space of shorelines, coves, inlets and outlets. Depending on the lake management objective and the target aquatic species for control, mechanical projects are usually part of a multiyear program. The next time you look out at your lake or pond, remembering its former attributes and beauty, consider investigating how mechanical lake weed removal services can be applied to help restore balance to your aquatic ecosystem.
Jim DeFede’s guest for Sunday’s show was Eric Glazer, one of the state’s leading condo attorneys who has been pushing for years to make condos safer.
Glazer has been warning about a tragedy like the one in Surfside.
The two discussed, among other things, why the legislature failed to pass anything during its session.
Glazer also said why he believes Gov. Ron DeSantis has refused to do anything to make condos safer nearly a year after the deadly building collapse.
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I like to re-publish this article every few years because it is so important. As we get closer to summer we are simultaneously getting closer to lots and lots of empty condominium units because many owners are returning up north for a few months. Just because you leave your Florida condominium for a few months however does not mean that your responsibility to maintain your unit stops once you hit the Georgia border.
Every declaration of condominium has a general clause that requires the owner of the unit to maintain his or her unit in good condition. In fact, arbitration decisions have held that “where an owner does not reside in the unit, it is incumbent on the owner to routinely and periodically examine and inspect the unit to ensure the absence of leaks and conditions that would otherwise lead to damage to the building and its occupants. In recognition of the fact that where multiple owners occupy a single building, a problem that develops in one unit may well affect other units and the common element components of the building.” See: Los Prados Condominium Association v. Lemley Case No. 03-6092; May 25, 2004, Arbitrator, Scheuerman.
So, if you’re headed up north for a few months, and you know that a friendly neighbor is going to remain in Florida, make sure to leave that neighbor a key to your unit and ask him or her to check the place every now and then. And…..if your association governing documents require that you leave the association with a key, you BETTER DO THAT! There is virtually no excuse for failing to do so, but that’s for another column. If you don’t leave a key, remember that the law provides:
(5) RIGHT OF ACCESS TO UNITS.—
(a) The association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit.
If the association thinks a leak is coming from your unit, if they don’t have a key, they’re using a locksmith and/or breaking your lock or door to get in. And, they’re entitled to do it, if they have no other reasonable means to get in. And…….. it’s the unit owner who is going to pay for the lock and door repair if there really was a leak. Bottom line…be smart….plan ahead and make sure that when Florida gets in your rear view mirror this year, someone is still left behind watching your unit.
Allstate Resource Management can handle all of your fish stocking needs in South Florida, whether it is triploid grass carp for assistance in weed control or largemouth bass for the avid angler. A balanced, healthy fish population can help to absorb nutrients in the water, control undesirable weeds, insects and other aquatic pests. They also provide a recreational asset for enjoyment. Call us today to find out more about our fish stocking services in South Florida.
We can design a lake or pond fish stocking program that is customized to meet your needs and budget which will include recommended fish species, quantity, government requirements and costs. For information on fish stocking, call us now
One of the most challenging aspects of lake maintenance is communicating the management program to the clients. A homeowner that sees a lake from a purely aesthetic point of view has a vastly different understanding than an applicator that is actively managing it.
We have the ability to help you educate your homeowners about their lakes and what we do. When you have questions about how your lake is being cared for, our experienced applicators are available to provide you with the answers you need. Feel free to print any of our “Understanding Your Lake” articles in this resource section.
If you would like us to supply articles for your HOA newsletters regarding waterway issues, please give us a call. We are also available for consultation presentations to HOA’s. We are a DBPR approved provider of CEU credits for CAM s and are available to supply your property management company with accredited courses.
Q: How can a homeowners’ association regulate owners renting out their houses to short term guests? If the association were to enforce with a penalty, how can it collect on it? (E.H., via e-mail)
A: The place to start is knowing what your governing documents and local laws say about the subject. For example, some municipalities limit rentals in residential areas to a 30-day minimum, so violations could be reported to the local code enforcement agency.
Most documents limit the use of homes to “residential use.” These provisions have been extensively litigated in courts across the country and there is not a bright line test defining what activities constitute residential or commercial uses. However, courts have generally been reluctant to apply a residential use provision as a restriction on short-term rentals, and there is at least one appellate court decision in Florida to that effect.
Therefore, the most effective way to address rental restrictions is a specific provision in your declaration of covenants setting forth permissible and impermissible rental durations. Many declarations contain such a provision, while some do not. If your declaration does not contain a rental limitation, it would have to be amended in the manner set forth in the declaration. Most declarations require some level of super-majority approval for amendment, two-thirds and 75% being the most common standards. Some declarations require the vote be calculated based on all eligible voters, and some provide that the calculation is based on those who vote at a duly noticed meeting at which a quorum is established.
You should also be aware that the Florida Homeowners’ Association Act was amended in 2021 to limit the ability of homeowners’ associations to amend rental rights. The retroactive application of that statute to pre-existing associations is a complicated and open legal question. The new law provides that amendments limiting the duration or frequency of permissible rentals is only applicable to those owners who vote in favor of the amendment, those who vote against the amendment or don’t vote are “grandfathered,” but the amendment would be binding on their successors in title.
Importantly, Section 720.306(1)(h) of the Florida Homeowners’ Association Act does permit amendments that prohibit rentals for a term of less than six months or prohibit rentals of less than three times during a calendar year to be applied to all parcel owners if the declaration is properly amended, whether an owner voted in favor of the amendment or not.
Once you have determined what the actual rule is, the next question is how you enforce it. As stated above, if the rental violates local ordinances, referring the matter to code enforcement may be an effective and inexpensive way to seek redress.
Fining and suspension of common area use rights are one avenue, but probably not the most effective for this kind of violation. Many homeowners’ associations do not have the level of amenities where suspension of the right to use them deters violations. Fines are capped at one thousand dollars in the aggregate for ongoing violations, unless the governing documents permit a higher amount. There is also a somewhat detailed notice and hearing process that must be followed to impose a fine or suspension. If a fine is properly levied, it can be a lien upon the home if it is for one thousand dollars or more and the language of your documents may also come into play. Otherwise, the venue to collect a fine is small claims court, and the prevailing party in a suit to collect a fine is entitled to recover their attorneys’ fees from the losing party.
The better approach for this type of violation is direct legal action by the association against the owner seeking a court order (injunction) to enforce the rule against short term rentals. Well-written documents may give you additional leverage in a court action. Generally speaking, the winning party can collect their legal fees from the losing party. The association’s lawyer should be brought into the picture early in the process, so he or she can advise what pre-suit steps may be necessary to protect your ability to enforce the restriction.
Joseph E. Adams is a Board Certified Specialist in Condominium and Planned Development Law, and an Office Managing Shareholder with Becker & Poliakoff. Please send your community association legal questions to jadams@beckerlawyers.com. Past editions of the Q&A may be viewed at floridacondohoalawblog.com.
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.
