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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
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Tags: Condo and HOA, Lake Management Articles
by Howard J. Pearl / Becker
Shareholder
Tags: Condo and HOA Law
Join The Falcon Group in congratulating our two newest Principals of the firm!
Mr. Steven Lang, R.A., AIA, NCARB
and Mr. Sinisa Kolar, P.E.
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If you are just beginning your Florida real estate career, or coming with experience from another state, it’s important to understand the differences between a sales associate (real estate agent) and a broker. It is also useful to know the required qualifications and duties of these two types of real estate licenses in Florida.
Sales associates are most commonly called “real estate agents” by the public. In Florida, a sales associate is a licensed real estate professional who can list properties, carry sales transactions, represent buyers or sellers, and earn commissions. Sales associates provide the necessary information to guide their clients through the contractual aspects of the purchase or sale. They arrange showings and negotiate transactions.
A sales associate must always work under the direction of a broker.
A licensed sales associate is allowed to practice in five (5) main sales specialties of the real estate market:
residential
commercial
industrial
agricultural
business
They are no additional education requirements to practice in any of these specialties. Once you get your sales associate license, you are free to market your expertise in any of these fields.
To obtain a sales associate license in Florida you must:
Complete a pre-licensing course of 63 hours.
Get your fingerprints taken.
Submit an application to the State.
Pass the Florida real estate sales associate exam.
Florida has reciprocity with 10 states. Mutual recognition means that if you are licensed in one of these states, you can bypass the education requirement.
After getting your license, you will be required to complete post-licensing and continuing education to maintain your right to practice as a sales associate.
To become a real estate broker in Florida you must first have experience as an active Florida sales associate for at least 24 months or must have held a valid real estate license for at least 24 months in any other jurisdiction of the United States.
Brokers can operate independently, or have sales associates work for them. A broker can list and show properties just like a sales associate, but a sales associate cannot perform the duties of a broker.
Brokers oversee their sales associates, making sure their clients get the best service and that all laws are being observed. Brokers may be disciplined for failing to direct, control or manage sales associates who work under them.
A broker may elect to change her/his license from “broker” to “broker sales associate.” A “broker sales associate” is a real estate broker licensee who prefers to operate as a sales associate in the employ of another broker. A broker sales associate avoids the additional responsibilities and compliance requirements of an actual real estate broker.
To get a real estate broker license in Florida you must:
Get your fingerprints taken.
Submit an application to the State.
Pass the Florida real estate broker exam.
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As you plan your future as a real estate professional, consider your personal goals and how much responsibility you want to accept. The sky is the limit!
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The system automatically notifies residents, board members, and staff, based on their role and notification preferences. In case of an emergency, management has the power to broadcast announcements using voice, text, and email.
Read more about our resident experience and messaging tools.
Maintain a detailed record of anyone and anything that passes through your building. Let residents register guests, set special permissions, and receive real time updates on pickups and deliveries.
BuildingLink’s hardware integrations allow you to scan incoming packages and collect signatures, and the patented KeyLink system lets you share apartment keys with safety and ease.
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BuildingLink works like magic to save your employees time, delight your residents, and give you the insights on your building that you need to tackle issues and avoid costly mistakes. Our central dashboard lets you track, search, and monitor everything that matters:
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Tags: Management News, Management Tools, SFPMA Members
Thinking outside the box can be great, especially in the homeowners association and condo association industry. It’s what makes our signature collections process here at Axela so successful.
But out-of-the-box thinking can be used against you, too. Attorneys are always looking for new ways to make the most money, even HOA attorneys. Time and again we’ve seen the tricks they use claiming to try to collect for your association, but really they’re just lining their own pockets. So often, using an HOA attorney ends with the association losing the money owed to them, and having to pay on top of that to cover lengthy legal efforts that didn’t succeed anyway.
Every time we hear stories about the crazy lengths some lawyers will go to when collecting for HOAs or condos, we start to think maybe the box is there for a reason.
A while back we talked about a community in a sticky collections situation. One of their unit owners had passed away, leaving a mortgage-free title to an heir. But, it came with a $13,000 tax certificate (which had been sold to an investor) and $17,000 owed to the association, as well as a tax-deed sale that had already been set. The perfect storm for the association to lose out on a hefty chunk of change. Now Axela was able to draft a clever plan to avoid that and had to act quickly to make it work, but if we hadn’t been called in, here’s what would have happened:
The HOA’s attorney wanted to let the unit go to the tax-deed sale and then file a suit for something called “unjust enrichment.” This is a claim basically stating that someone (in this instance, the investor who’d purchased the tax certificate) was paid at the expense of someone else (the association).
This is a risky play for a lot of reasons: first, if the tax sale goes through, the money owed to the association is ‘wiped out,’ meaning there is no chance of recovering money from the sale or from the owner after the fact. Additionally, if the judge found that the investor was not unjustly enriched (which is the likely outcome) their tax lien would have been rightly prioritized over association fees.
So the idea of unjust enrichment was a wild reach that was almost certainly going to be unsuccessful in recovering for the association. But it would have been a definite way to tack on a ton of hours in legal fees for the attorney, wouldn’t it?
Fishy lawsuits aren’t the only questionable trick attorneys have up their sleeves. One client we worked with had an attorney attempt to completely ignore state statutes by advising the Board to modify the community’s governing documents to contradict state laws. This was complicated and unethical for several reasons, like the fact that governing documents don’t overrule state statutes (something an HOA attorney would be WELL aware of!) so the attorney’s time and counsel which they charged the association for were totally unnecessary.
To add insult to injury, these changes were made to try to force the bank to take responsibility for debt owed to the association, creating a lengthy legal battle as part of this ridiculous plan. Again, we’re seeing a trend of attorneys being paid but the association not recovering their lost income – in fact, the community often winds up owing the attorney more for their efforts and having to write off the bad debt from the delinquent assessments. Talk about throwing good money after bad!
Clearly, all HOA attorneys are not the same, and we hope that your community association’s attorney is an upstanding and ethical partner for your community. You need your attorney to be available to advise you on decisions the Board makes to help prevent future lawsuits and to deal with any that do come.
But your attorney is just one of the tools in your community association’s toolbox. Just as you wouldn’t use your HOA attorney (and pay their high fees) to perform management tasks, you also shouldn’t be hiring your attorney to perform collections. The attorney’s only recourse is to take the issue to the courts. That means pursuing foreclosure, or, if that’s not likely to be successful, trying some legal scheme like these that will get the attorney paid for their time, but is unlikely to end with money in the association’s pocket.
Thinking outside the box can be great, but the more we hear about the crazy legal hoops attorneys find to jump through that only seem to take advantage of the association, the more we think that they need the box.
There’s at least one ethical, merit-based way that has a 95% success rate when it comes to collecting debts owed to associations: Axela. Our proprietary technology and process empowers defaulted homeowners to set up payment plans they can actually pay off, rather than harassing them for lump sums of money they’ll never be able to repay, or putting them out of their home in a foreclosure.
Tags: Collections, Management News
We know that this headline reads like a Florida-specific issue, but Florida is often used as a guideline for other state laws and courts. For this reason, we think it’s important for homeowners and condo associations in other states to take note.
In Accardi v. Regions Bank, Florida’s 4th District Court of Appeals reversed a lower court ruling that awarded the bank a deficiency judgment and remanded the circuit court to enter an amended final judgment to include attorney’s fees and taxable costs only. The bank was not able to recover its deficiency judgment.
This happened because of a Florida Statute that states “Actions other than the recovery of real property shall be commenced as follows … within one year” (of a certificate of title being issued or acceptance of a deed in lieu of foreclosure, that is):
“An action to enforce a claim of a deficiency related to a note secured by a mortgage against a residential property that is a one-family to four-family dwelling unit. The limitations period shall commence on the day after the certificate is issued by the clerk of court or the day after the mortgagee accepts a deed in lieu of foreclosure.”
That’s a lot of legal jargon that most simply translates to say that there is a one-year statute of limitations period for which a claim for a deficiency may be acted upon (not to be confused with the timeframe for enforcing a deficiency judgment that has already been entered) in order to avoid the deficiency claim from becoming time-barred.
This Accardi v. Regions Bank ruling got us all thinking. Clearly, it reflects a problem for banks and lenders who have had to foreclose and were left with a sale that did not satisfy the judgment amount at foreclosure, but that isn’t really the takeaway here. The takeaway is that, in theory, this same statute could potentially be used to prevent delayed collections for HOAs and condo associations when attempting to recover assessments post-foreclosure.
Is your community association trying to recover outstanding debt post-foreclosure? You should be.
If the association was the foreclosing party, and they recovered less than the amount owed as a result of the sale of the property, then that would give rise to pursuing a claim for a deficiency. So it would be very worthwhile to enforce a claim for a deficiency within a year of the certificate of title being issued.
Again, this statute of limitations is specific to Florida, so if your own state already has statutes that have different time restrictions, you need to follow those to the letter of the law. But doing this seemingly small task in the right time frame could be the difference between getting your deserved monies owed or leaving it all on the table due to a dickered-out semantic technicality.
Similarly, if an association has debt that is uncollectable from a subsequent owner due to superior lien foreclosure or tax sale, the association should act quickly to enforce its collection rights on this debt. While the fact pattern under this scenario is different from pursuing a deficiency claim created by virtue of the association’s own foreclosure sale, it would be wise to take action to collect on this debt sooner rather than later, to avoid any potential argument that would suggest it is a deficiency and that it is time-barred.
Collections delayed are collections denied.
No HOA or Condo association should stop trying to collect the money it is owed to them until said debt has been declared uncollectible by a collection professional, and that may not be your community association attorney. Don’t leave money on the table and don’t accept HOA and condo delinquency write-offs. Let a professional Condo and HOA collection company recover the money that is owed to your community association.
Axela Technologies, the nation’s leading collection company for community associations, does know the laws nationwide and we suggest that pursuing that debt at no cost and no risk is a good strategy. A great strategy, you must send the file to collections before it is too late. Perhaps a court will say that beyond one year is too late.
Don’t write off debt that could have been recovered. Call us for a free review and collection analysis. Not only can we collect from debtors who have been foreclosed on, but we can also collect from homeowners who are behind on their assessments, all at no cost to the association.
Find us on SFPMA Learn more about the services we provide.
In general, a community association is responsible for operating and maintaining the common areas of the community (in the case of homeowners’ associations), and the common elements (in the case of condominium associations). If there are trees located on these common areas/elements, the association’s maintenance duties will include trimming and even the removal of trees that may be dead or dying. Before performing any significant trimming or removal of trees, however, an association must determine whether any prior governmental approval is required.
It is common for counties and/or cities to have ordinances regulating the planting, removal, and replanting of trees in residential areas and requiring a permit prior to the removal of certain trees. Section 163.045, Florida Statutes, which went into effect on July 1, 2019, appears to change the extent to which local governments can enforce such tree regulations. Interpretation issues, however, leave the true scope of the statute unknown, particularly as it relates to community associations.
The statute, which was intended to strengthen property owners’ rights against local government overreach, prohibits local governments from requiring notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. Additionally, under the statute a local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section. [Note: Section 163.045, Florida Statutes, does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333, Florida Statutes.]
In applying this statute, it is important to note that it only applies to “residential property” and only to trees which are documented by a certified arborist or a Florida licensed landscape architect as “present[ing] a danger to persons or property.” Both exemption requirements present interpretation issues. The fact that “residential property” is not defined has caused some governmental authorities to question whether this exemption would even apply to common areas/elements in the community association setting. Additionally, the requirement that a certified arborist or licensed landscape architect must document that a tree “presents a danger to persons or property” is problematic in that dangerous is not a term that is normally used or defined in the tree care industry’s risk assessment standards. Rather, assessments of tree safety by such professionals focus on the qualified risk of trees, and how this relates to the statute’s use of the word “danger” remains to be seen.
Local governments have acknowledged that the statute sets up some interpretation issues, and it has been reported that different jurisdictions are reaching different results. The consequences of an association, without prior approval, trimming or removing trees in a jurisdiction that is interpreting this statute as not applying to common areas/elements could be code enforcement actions, costly fines, or other remedial measures. For this reason, before trimming or removing trees from the common areas/elements, it is recommended that associations consult with their association attorney to discuss how their local governments are interpreting this statute and whether or not local ordinances must still be followed before pruning, trimming, or removing trees.
Sara K. WilsonAttorney at Law
Tags: Common Area Issues, Condo and HOA Law
HOW IN THE WORLD DID WE GET HERE?
By Eric Glazer, Esq.
So, I get a call a few weeks ago from a reporter at The New York Times. He was doing a story about the incredible number of condominiums in Miami and how fast they were all built. How the entire skyline on the coast changed dramatically in the past 40 years or so and if it’s possible that The Champlain Towers in Miami was just a freak occurrence, or something that we need to start thinking about regarding all condominiums that were rushed through and given the green light. Is it possible for other similarly situated buildings to start falling down?
The story is somewhat startling but not surprising. It’s a story about greed, out of control construction, tampering with Mother Nature, little to no inspections, rushed through permits, law firms and politicians helping developers and The Florida Legislature turning a blind eye towards all of it.
If you’re living in a building in Miami, this is a must read. If you don’t live in Miami, but are concerned about whether or not your building was built properly, it’s a must read as well. Besides myself, there are politicians, builders, developers and other experts that tell their side of the story in detail. Some of it is shocking.
Because so many turned their backs years ago, no wonder the story is called THE TICKING CLOCK OF MIAMI’S CONDO EMPIRE. You should also know that coincidentally, Robert Lisman, who is the resident from Champlain Towers East, is the producer of our Condo Craze You Tube channel. It’s a long article but again, it’s a must read. To read it, click the Towers and the Ticking Clock below:
Tags: Management News
Florida is famous for its beautiful wetlands, but these natural treasures are threatened by hundreds of different factors, from the composition of bottom sediments to features in the surrounding landscape. The space where these environments meet provides valuable insight about the health and diversity of an aquatic ecosystem. This unique area is called the littoral zone.
The littoral zone is the down-sloping shelf of a pond or lake. This is the area that stretches from the high-water mark to the shore and into the area where sunlight penetrates through to the sediments at the bottom of a waterbody. Although the exact definition of littoral zone can change depending on the waterbody, it is generally considered the shallow area close to the shore in both saltwater and freshwater environments.
When healthy, the littoral zone looks like a miniature wetland. The beneficial plants that grow here often feature purple, white, yellow, or blue flowers that usually bloom all year long in Florida’s climates. These plants may include Golden Canna, Pickerelweed, Southern Blue Flag Iris, Fragrant Water Lily, and Florida Swamp-Lily.
The littoral zone or littoral shelf supports a large number of native plants and aquatic life. Because Florida’s aquatic species are so diverse, some plants can survive partially or completely submerged while others do just fine floating on the water’s surface. Waterbodies that support a wide variety of native plant species tend to provide more nutrients to the native wildlife that are key to maintaining cover and habitat. In addition to supplying food to ponds and lake fish, local plants help maintain balanced levels of oxygen and other key elements.
In addition to protecting the health of lakes or ponds, the littoral zone can enhance the aesthetic appeal of any Florida waterbody. When filled with thriving plants and wildlife, a well-tended littoral zone adds value to the shoreline and even the surrounding property.
A littoral zone helps improve water quality by fostering beneficial species that consume the excess nutrients that contribute to nuisance algae and invasive aquatic weed growth. Additionally, when located near a flow structure, the littoral shelf helps filter out the minerals and nutrients in water before it leaves the lake or pond. This improved water quality has the added benefit of keeping mosquitos at bay and reducing foul odors exuding from the water.
Littoral shelves also help maintain the shoreline and prevent erosion. The native plant roots hold the soil and make the banks more stable and durable, which in turn helps reduce the need for extensive restoration or dredging projects in the future.
Because the littoral zone transitions from dry land to the aquatic environment, it responds to natural and human influences and activities in the land ecosystem as well as the aquatic one. And because it is important for many industrial and recreational purposes, the littoral shelf is often drastically affected by human activities that amplify algal and weed growth, nutrient loading, overgrowth of invasive species as well as cause acidification and fluctuations in the water level. This underscores the importance of the littoral zone and littoral shelf maintenance for the health of lakes and ponds.
When properly established and managed, the littoral zone is less likely to require herbicide or algaecide applications. Recurring proactive management strategies such as nutrient remediation, biological bacteria applications, water quality testing, aeration, Oxygen Saturation Technology (OST), and other sustainable solutions can have a lasting positive impact in Florida’s delicate aquatic environments. A SOL Pro Annual Management program will help any property owner prolong the balance and beauty of their lake or pond’s littoral zone.
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