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The association suddenly needs a lot of money. How do you get it? Which way makes sense?

The association suddenly needs a lot of money. How do you get it? Which way makes sense?

  • Posted: Oct 29, 2021
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The association suddenly needs a lot of money. How do you get it? Which way makes sense?

So many of our buildings are approaching the 40 year mark, requiring recertification in electrical and structural.  Many buildings are younger yet still need major repairs to the concrete, balconies, pool decks and other portions of the common elements.  The board is going to need a lot of money.  Assuming you don’t have enough in reserves, how do you get it?

Of course, one way is to simply pass a special assessment.  In effect, that means that you will have all the money necessary to pay for all the repairs, before the repairs are done.  The problem with a special assessment…………. Everyone has to come up with a lot of money relatively quickly, if not immediately.  Some people simply don’t have it.  If they don’t they face possible foreclosure by the association.

What is certainly becoming the more common way of coming up with money to make repairs to the common elements is for the association to borrow the money from a bank.  Rates are still very low and money is very cheap right now.  Typically, the bank gives the association a line of credit for one year that the association may draw upon to pay for the cost of repairs.  After one year, the funds borrowed from the line of credit are converted to a term loan, usually anywhere from three to seven years.

There are of course many advantages to borrowing rather than assessing.  First and foremost, the owners need not come up with their entire share of the special assessment immediately.  Instead, they get to pay off the bank loan over several years.  In addition, the board can establish payment schedules that would allow the owners to have a choice of paying their share of the loan off immediately and without interest.  Or, the board can allow the owners to pay off their share of the loan over time, with interest.

Before signing for the loan, the bank will always ask association’s counsel to review the governing documents and write an “opinion  of counsel” as to whether or not the association has the right to borrow money.  Under the Florida not for profit statutes, the association has the right to borrow.  However, the governing documents should be read carefully because sometimes it clearly states that the association cannot borrow money without a vote of the community.

In terms of collateral, the association is not signing a mortgage encumbering the common elements.  Remember, the common elements are owned by the owners and not the association.  Instead, the association will be signing a Collateral Assignment of Lien Rights which authorizes the bank to demand the monthly assessments directly from each unit owner, should the association default in its payment obligations to the bank.

If you have any additional questions about how the process works, give us a call.  By Eric Glazer, Esq  http://condocrazeandhoas.com/

 

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Electronic Board of Directors and Membership Meetings in a Post-Covid-19 World

Electronic Board of Directors and Membership Meetings in a Post-Covid-19 World

  • Posted: Oct 26, 2021
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Electronic Board of Directors and Membership Meetings in a Post-Covid-19 World

 

Well, it is not quite a post-COVID-19 world yet, but hopefully, it will be one day soon. We are, however, living in a post-governor-ordered-state-of-emergency world, meaning that the emergency powers granted to condominium, cooperative, and homeowners’ associations’ boards of directors by virtue of the governor’s emergency orders have come to an end, with this caveat: The emergency authority granted to community association boards of directors after the expiration of the governor’s emergency orders is, generally speaking, “limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the owners and their family members, tenants, guests, agents, or invitees, and to mitigate further damage and make emergency repairs.” As such, each passing day diminishes the arguments supporting a board’s reasonable reliance on the utilization of these emergency powers. However, given the recent uptick in Covid cases plus ever evolving CDC guidance issued towards the end of July, 2021, some community associations may consider relying on the continuance of the emergency powers provision. If so, it is strongly recommended that such a community association receive proper guidance from its legal counsel.

 

Interestingly, until July 1, 2021, electronic meetings of community association members and boards of directors were not specifically addressed in the legislative grant of emergency powers which could be used during a governor-declared state of emergency. Rather, the emergency powers of days gone by provided that association boards of directors could conduct board meetings and membership meetings with notice given in as practicable a manner as possible, including publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the common property or any other means the board deems reasonable under the circumstances. Notice of board decisions may be similarly communicated. In addition, the board could cancel and reschedule any association meeting. Under certain circumstances, decisions could be made on the spot, so to speak, without the need for a noticed meeting. The legislative emergency powers can be found in §718.1265, §719.128, and §720.316 of the Florida Statutes for condominium, cooperative, and homeowners’ associations, respectively. Nowhere in the pre-July 1, 2021 version of the emergency powers legislation did these powers set forth the clear right of the association to conduct solely electronic board and membership meetings, though due to life safety reasons, such power was inferred. However, it should be noted that effective July 1, 2021 the emergency powers legislation was significantly revised to provide for the use of electronic meetings during a governor declared state of emergency.

 

BOARD MEETINGS

With this as our backdrop, without a declared state of emergency can community associations continue to hold electronic board  meetings via platforms such as zoom? Let us examine the relevant legislation that bears on this important inquiry. As to condominium board meetings,

[a] board or committee member’s participation in a meeting via telephone, real-time videoconferencing, or similar real-time electronic or video communication counts toward a quorum, and such member may vote as if physically present. A speaker must be used so that the conversation of such members may be heard by the board or committee members attending in person as well as by any unit owners present at a meeting… Meetings of the board of administration at which a quorum of the members is present are open to all unit owners… The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items… [§718.112(2), Fla. Stat. (2020), Emphasis added]. Note that similar provisions are provided for cooperative associations in §719.106), Fla. Stat. (2020).]

 

As to homeowners’ association board meetings,

[a] meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. Meetings of the board must be open to all members, except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege. A meeting of the board must be held at a location that is accessible to a physically handicapped person if requested by a physically handicapped person who has a right to attend the meeting… Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. [§720.303(2), Fla. Stat. (2020), Emphasis Added.]

In addition, the “Florida Not For Profit Corporation Act,” set out in Chapter 617, Florida Statutes, which applies, in large part, to condominium, cooperative, and homeowners’ associations, so long as not in conflict with Chapters 718, 719, and 720 of the Florida Statutes (and certain other exceptions not relevant to this analysis), provides that,

Unless the articles of incorporation or the bylaws provide otherwise, the board of directors may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting. [§617.0820(4), Fla. Stat. (2020).]

Mixing all of these ingredients together so that they all have meaning clearly implies that the community association board can conduct its board meetings via electronic means, like Zoom.  However, in our opinion, a more prudent approach is to also make on-site accommodations available to those who wish to attend in person. This can be easily accomplished by ensuring the meeting is noticed in a physical location where the non-board member owners can listen and participate through use of an on-site speaker phone or computer that is preferably provided or otherwise arranged for by the association. (Reminder that Zoom also has a call in feature for those who do not access to, or are not comfortable with, a computer).

 

MEMBERSHIP MEETINGS

As to all community association membership meetings, members have a right to speak at meetings of the membership. Pursuant to §718.112(2)(d)7 and §719.106(1)(d)4, Florida Statutes, members of condominium and cooperative associations, respectively, have the right to participate in meetings of the unit owners with reference to all designated agenda items. Pursuant to §720.306(6), Florida Statutes, members of a homeowners’ association have the right to speak with reference to all items opened for discussion or included on the agenda. During elections and other meetings where a vote of the membership is at issue, members should be able to observe the tallying of ballots.

 

As to condominium associations, membership meeting requirements include the following:

An annual meeting of the unit owners must be held at the location provided in the association bylaws and, if the bylaws are silent as to the location, the meeting must be held within 45 miles of the condominium property… [§718.112(2)(d)1, Fla. Stat. (2020).]

 

As to cooperative associations, membership meeting requirements include the following:

There shall be an annual meeting of the shareholders… The bylaws must provide the method for calling meetings, including annual meetings… [§719.106(1)(d), Fla. Stat. (2020).]

 

As to homeowners’ associations, membership meeting requirements include the following:

The association shall hold a meeting of its members annually for the transaction of any and all proper business at a time, date, and place stated in, or fixed in accordance with, the bylaws. The election of directors, if one is required to be held, must be held at, or in conjunction with, the annual meeting or as provided in the governing documents… [§720.306(2), Fla. Stat. (2020).]

 

Furthermore, and of great importance, there is the following provision from the Florida Not For Profit Corporation Act, a/k/a Chapter 617, Florida Statutes:

If authorized by the board of directors, and subject to such guidelines and procedures as the board of directors may adopt, members and proxy holders who are not physically present at a meeting may, by means of remote communication participate in the meeting and be deemed to be present in person and vote at the meeting if:

1)    the corporation implements reasonable means to verify that each person deemed present and authorized to vote by means of remote communication is a member or proxy holder; and

2)    the corporation implements reasonable measures to provide such members or proxy holders with a reasonable opportunity to participate in the meeting and to vote on matters submitted to the members, including an opportunity to communicate and to read or hear the proceedings of the meeting substantially concurrent with the proceedings, and

3)    if any member or proxy holder votes or takes other action by means of remote communication, a record of that member’s participation in the meeting must be maintained by the corporation in accordance with §617.1601.

[§617.0721(3), Fla. Stat. (2020); internal numbering, punctuation, capitalization, and formatting removed; emphasis added.]

 

Therefore, the members at a membership meeting can participate electronically so long as the board has authorized it and has adopted appropriate procedures. Consultation with the association’s attorney is strongly encouraged, most especially if there will be any “live” voting at the membership meeting.

 

How members vote at an electronic membership meeting when the member attends virtually is an interesting question. Presently, there is no definitive procedure set out in the law for the member to cast their vote “live” during a zoom meeting. Rather, §617.0721(3) Fla. Stat. (2020), places the burden on the board of directors to adopt procedures in this regard.   Obviously, if your association has 400 members who all appear virtually at the membership meeting, live voting for all 400 members will prove to be logistically difficult, if not impossible. It may be far easier to have the members  vote i) in advance by proxy, limited proxy, absentee ballot as the case may be, or, ii)  if adopted by the association, vote electronically pursuant to the procedures as set out in §718.128, §719.129, or §720.317 (Fla. Stat. 2020). A hybrid approach could also be utilized where the association provides for electronic voting and proxy voting prior to the meeting and then only the remaining few voters who have yet to cast their ballot could cast their vote “live” during the meeting, subject to the requirements of §617.0721(3).

Practice tip 1: Remember, electronic voting can be used whenever a membership vote is needed, even if the meeting does not have a zoom type option for attendance so long as the association has followed the requirements to provide for electronic voting.

Practice tip 2 (For Homeowners’ Associations): If your association’s governing documents require or otherwise allow nominations from the floor of the election meeting, consider amending and removing this provision from the governing documents to clear the way for an electronic membership meeting and election.

 

IN SUMMARY

Perhaps the initial questions phrased above could be better asked as follows: Absent a declared state of emergency can a community association hold board and membership meetings exclusively via an electronic platform, such as Zoom? Unfortunately, this question has not been satisfactorily addressed by the legislature or the Florida Courts. However, in our opinion, the safer approach, and the one that will avoid the potential for a successful legal challenge by an owner, is to avoid holding meetings exclusively via Zoom when there is no declared state of emergency. Consider using the hybrid approach discussed above where both a physical location is provided along with an electronic component such as Zoom and where members are strongly encouraged to attend and participate electronically.

Can community association board meetings and membership meetings be both electronically and at a physical location for those that want to attend in person even if the business is primarily conducted electronically? The answer is “yes”, so long as certain procedural safeguards are put into place. e.g., the ability of the membership watching via Zoom to fully observe the counting of ballots.

Another approach is to consider amending the association’s bylaws to provide for electronic only board and membership meetings. However, doing so has not yet been legally tested in the Florida courts. Also, remember, too, that a homeowners’ association must provide for a physical location for its board meeting, if requested by a handicapped individual. Also, as these matters are not fully settled in the law, your association’s lawyer may have a different opinion and advise that the association may have electronic board and membership meetings without the need for a physical location.

This journey into the foray of electronic meetings demonstrates a clear need for the Florida Legislature to adopt legislation to make clear that both board and membership meetings may take place electronically without the need to also simultaneously provide for a physical location, most especially so long as the association provides a communal device on association property for not-so-tech-savvy members to observe and participate in the meeting. After all we are blessed to be living in the 21st century. Let’s take advantage of it and add a few tech savvy legislative provisions to our laws governing community associations.

It is recommended you consult with your association legal counsel on the adoption of reasonable rules to ensure your virtual/electronic meetings run smoothly while also ensuring that they are in compliance with the association’s governing documents and Florida Statutes, and for further discussion regarding amending the governing documents of the association to provide clear authorization for electronic board and membership meetings.

The Kaye Bender Rembaum Team Remains Available To You and Your Community Association

Visit KBRLegal.com for awesome free resources, including 2021 Legislation, news with Legal Morsels and Rembaum’s Association Roundup, and our Event Calendar, including upcoming free classes.

 

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“Community Associations Affected by the 2021 Legislative Session Part X,” News-Press

“Community Associations Affected by the 2021 Legislative Session Part X,” News-Press

  • Posted: Oct 26, 2021
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Our attorneys are thought leaders in their field who keep our clients updated on the latest developments in their areas of interest. Explore our robust library of articles, blog posts, guidebooks, media commentary, and news.

 

“Community Associations Affected by the 2021 Legislative Session Part X,” News-Press

This week continues our review of the 2021 legislative changes affecting Florida community associations focusing on two bills that address COVID-19 pandemic legal issues.

Senate Bill 72 took effect on March 29, 2021. This law was initially reported in this column on April 25, 2021. SB 72 outlines the legal process a plaintiff must follow to bring a claim based on an alleged COVID-19 infection from the defendant’s premises. The new law creates several legal hurdles for a plaintiff seeking damages, including the requirement that the complaint (initial lawsuit filing) be accompanied by an affidavit signed by a physician licensed in the State of Florida stating the physician’s belief within a reasonable degree of medical certainty that the plaintiff’s COVID-19 injury was the result of the defendant’s acts or omissions.

The statute requires that the court first hold an evidentiary hearing to determine whether the defendant made a good faith effort to comply with public health standards. If the court finds that the defendant did make such a good faith effort, the defendant is immune from liability.

If the court determines that the defendant did not make a good faith effort, the plaintiff may proceed with the lawsuit, but the plaintiff must show that the defendant committed gross negligence in order for the defendant to be held liable. Gross negligence is a much higher standard than is required in most civil lawsuits.

Senate Bill 2006 became effective July 1, 2021. Section 252.36 of Florida Statutes, which deals with the emergency management powers of the Governor, was amended to provide that an executive order, proclamation, or rule establishing a state of emergency must be limited to a duration of not more than 60 days and may be renewed as necessary during the duration of the emergency. If renewed, the order, proclamation, or rule must specifically state which provisions are being renewed. Further, at any time, the Legislature, by concurrent resolution, may terminate a state of emergency or any specific order, proclamation, or rule thereunder. Upon such concurrent resolution, the Governor shall issue an executive order or proclamation consistent with the concurrent resolution.

Section 252.38(4) of the Florida Statutes addresses emergency orders imposed by political subdivisions, meaning local governments such as counties, cities, towns, and villages. Local orders issued in response to hurricanes or other weather-related emergencies are not covered by this law. The new law vests the Governor with power, at any time, to invalidate an emergency order issued by a political subdivision if the Governor determines that such order unnecessarily restricts individual rights or liberties. The law grants broad discretion to the Governor in determining what local orders “unnecessarily restrict individual rights or liberties.” Obviously, these changes were the result of the plethora of sometimes complicated and occasionally contradictory local orders regarding COVID-19, especially during the early phases of the pandemic.

New Section 381.00316 of the Florida Statutes, states that a “business entity” may not require “patrons or customers” to provide any documentation certifying COVID-19 vaccination or post-infection recovery to gain access to, entry upon, or service from the entity’s business operations. The law does not otherwise restrict instituting screening protocols consistent with authoritative or controlling government-issued guidance to protect public health.

The term “business entity” includes not-for-profit corporations and would therefore include community associations. However, there is substantial debate whether the new prohibition against “vaccine passports” applies to owners, residents, or others in a community, specifically whether such persons are “customers” or “patrons.” If an entity violates the statute, the Department of Health may impose a fine not to exceed $5,000.00 per violation.

 

Joseph 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.

 

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The more trouble your condo is in, the more developers may be interested in buying you out.

The more trouble your condo is in, the more developers may be interested in buying you out.

  • Posted: Oct 26, 2021
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The more trouble your condo is in, the more developers may be interested in buying you out.

 

DEVELOPERS ARE ON THE PROWL

By Eric Glazer, Esq.

I got a call this week from The Miami Herald.  They asked if I had heard about the prominent developer who approached the owners of the other Champlain Towers buildings that are still standing, offering to buy out all of their units.  I had not, but I’m not surprised in the least about it.  In fact, it’s going to be happening more and more.  Developers are going to be approaching lots of owners in condominiums that are distressed.

 

Why approach the owners in the remaining Champlain Towers condominiums?  I’m sure the developer is thinking that these owners may now have a hard time selling their condo units on the open market because there may not be many buyers interested in purchasing a unit in a condominium by that name.  The Champlain Towers will forever be remembered as the building that collapsed and where nearly a hundred innocent people died.  I think the developer is right.  It will be tough to sell your units in the remaining Champlain Towers condominiums.

 

The truth is……if that’s the case…and it is next to impossible to now sell your condo unit in these buildings, the developer can look like a knight in shining armor, if the price they offer is fair and reasonable.  It may very well make sense for the owners to seriously consider the developer’s offer.  At the remaining Champlain Towers buildings, the developer’s offer is contingent upon 95% of the owners agreeing to sell to the developer.  If less than 95% of the owners agree to sell, the deal is off the table.  That’s because if at least 5% of the owners vote against a plan of “termination” the developer’s plan to “terminate” the condominium, knock it down and build a more expensive one fails.  So, the developer needs to acquire at least 95% to ensure their plan succeeds.

 

We know that it’s about to get more expensive to live in a condominium because it looks like it will become more difficult to waive reserves and buildings will be undergoing more frequent inspections.  Repairs will be needed more than ever before which means money will be needed like never before.  When unit owners don’t have the money or don’t want to spend the money on a building that’s already old, rest assured that developers will be there ready to make an offer to everyone so that the property can be bought, knocked down, rebuilt and sold.

 

Over the last few years the law has made it more difficult to terminate a condominium.  As a result of the tragedy at The Champlain Towers I certainly expect the pendulum to swing back the other way.  Terminations will become easier.  Developers will use their eyes and airs searching for the most vulnerable properties, meaning the ones that will require the greatest cost to repair.  The laws regarding termination continue to evolve, but if I am a developer I may want to be cautious about buying units in a condominium that requires 100% of the owners to agree to termination and that does not have Kaufman language or “as amended from time to time” language.  In these types of condominiums, one owner who refuses to sell may wind up screwing up the developer’s grand plans.

 

 

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New Tool to Control Weeds Around Docks

New Tool to Control Weeds Around Docks

New Tool to Control Weeds Around Docks

by SOLitude Lake Management

New solutions are enhancing how we can help solve a variety of problems lake and pond owners face. The innovative tool, Weeds Away, helps keep nuisance and invasive aquatic weeds and muck accumulation away from your dock and swimming areas. Learn more about this exciting technology that offers a natural solution for aquatic weed control.

 

Enhance Your Lake or Pond with New Technologies from Bearon Aquatics

SOLitude Lake Management is privileged to offer a variety of enhanced tools and services to stakeholders nationwide through our new vendor partner, Bearon Aquatics. This partnership supports SOLitude’s long-held mission to create beautiful, well-balanced waterbodies that promote good health, happiness, and meaningful experiences around the water.

Weeds Away

We are excited to announce Weeds Away, a “non-chemical” system used to manage nuisance aquatic plants, filamentous and planktonic algae, muck, silt, and suspended debris in stagnant areas. This energy-efficient blower system creates a continuous water current that can be used to directly dispel undesirable materials in target spaces such as docks, piers, marinas, and swimming holes. Likewise, this system creates surface turbulence that integrates dissolved oxygen into the water column for increased water quality benefits.

Weeds Away is strategically designed to make maintenance and functionality as effortless and energy-efficient as possible. Stakeholders can choose from two different sizes depending on their goals and budget. The dock-mounted units are corrosion-resistant and adjustable for custom depth, direction, and water current angling for maximum thrust and performance. And each comes with a 2-year warranty. Weeds Away is an excellent choice for waterbodies throughout the country.

 

surface aerator - bearon aquaticsSurface Aerators & Floating Fountains

Beyond Weeds Away and Ice-Eater, there are many cost-effective options available for surface aeration. Surface aerators and floating fountains are used to increase dissolved oxygen levels by creating circulation and turbulence. All Bearon products require little or no assembly and can be installed by one person, if necessary.

Bearon’s Flo-Gen and Flo-Ration surface aerators can be used to circulate water by creating a horizontal flow. By improving surface water quality and movement, these aerators, in turn, prevent mosquito populations, fish kills, algae blooms, and unwanted bacteria – particularly in marinas and narrow canals. They can also help enhance activities like winter fishing and duck hunting by rocking decoys and preventing ice formation.

Bearon also offers several dynamic Olympus fountain systems with a variety of features, spray patterns, and lighting accents. Fountains function differently than surface aerators as they vertically spray water into the air. Each system works differently to achieve goals for waterbodies of any depth and size, whether that’s reducing power consumption, preventing pond scum and bad odors, lowering operating costs, or adding a touch of elegance to a community pond.

 

Other Exciting Technologies & Innovations

Among these new offerings, SOLitude has a full toolbox of exciting technologies and innovations that continue to transform the lake and pond management industry. Professional drones, Oxygen Saturation Technology (OST), and many other solutions are available to help you achieve your waterbody goals. Speak with the experts to learn more!

WHO WE ARE

At SOLitude Lake Management we’re dedicated to making water a more healthy and beautiful part of our environment and our world. In that pursuit we offer sustainable, comprehensive lake and pond management solutions.

https://www.youtube.com/watch?v=Rjgdc8s7FFU&t=3s

 

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Accept deliveries from any shipper, residents can collect packages 24/7. by Smart Entry Systems

Accept deliveries from any shipper, residents can collect packages 24/7. by Smart Entry Systems

  • Posted: Oct 22, 2021
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Accept deliveries from any shipper, residents can collect packages 24/7.

Mix and match from 9, 6, or 4 door models to suit your community.

Watch our Video

 

please check if your question is already covered by the below Frequently Asked Questions list:

  1. How many residence units can this system support?
    • Unlimited, our system is hosted in Google cloud with infinite expandability.
  2. How many buildings can this system support?
    • Unlimited, and no additional monthly fees are required for having multiple buildings.
  3. How many doors or gates can this system support?
    • Unlimited and no additional monthly fees are required for having multiple doors or gates.
  4. Do I get software upgrades when new features are released?
    • Yes, some new features will be free upgrades while other optional services can cost extra. Critical updates are pushed to the tablets automatically as they become available.
  5. How many residents can access the system?
    • We do not set any limit, but the average US household size is 2.2 including kids, so the total number of residents should be around 2.2 times the number of reported units. We may investigate properties with inconceivably high resident to unit ratios to make sure the number of units reported to us is correct.
  6. Do you sell the tablet, the wireless relay, the electric strike, the maglock, etc?
    • No, we do not sell ANY hardware directly as this system is based on an open platform concept using commonly available hardware components.  You can find direct purchase links to the various component suppliers on our Tutorial page. Please contact us if you would also like to be a supplier of ours.
  7. Can I use an iPad as the entrance tablet?
    • No, Android tablets are much more cost effective and comes in a much wider variety of models.
  8. Does each resident need to purchase any additional hardware to access the system?
    • No, they only need a smartphone (iOS or Android) and download our free app to receive video calls.  Non-smartphone and landline users will receive voice only calls and press *1 to open grant access.
  9. How does the resident or visitor open the door?
    • At the door, by entering their numberic access code or scanning their QR Code.
    • At the door, depending on the type of reader installed using one or more of the following credentials:
      • Touchless RFID credentials such as a key card, key fob, sticker.
      • Wireless credentials such as Bluetooth, NFC tags.
      • Biometric identifiers such as fingerprint, vein, retina.
      • There are many reader choices avaiable on the market and we support all of them that complies to the Wiegand standard.
    • When called by their visitor and is using a smartphone, by pressing the Open Door button on the app.
    • When called by their visitor and is NOT using a smartphone, by pressing *1 on their phone’s numeric keypad.
  10. Do you support both the iPhone and Android phones?
    • Yes, our free phone app is available for both iOS and Android devices.
  11. Which tablet do you recommend?
  12. How do I mount the tablet to the wall?
    • We have partnered with several enclosure makers to provide various tablet mounting enclosures. Please see our Tutorial page for more info. Please contact us if you would also like to be a supplier of ours.
  13. How do I prevent users from existing the tablet entry app?
    • The Android tablet is set to Kiosk mode, only our Entry App running on the foreground is accessible.
  14. How hot can the temperature get before the system shuts down?
    • The tablet manufacturers rated the tablet’s operating temperatures from 32F to 105F.  We have tested our system up to 115F but recommends adhering to the manufacturer’s suggested temperatures.  If the entry box will be directly exposed to the sun, you will need to install a hood to protect the box from overheating. Please see our Tutorial page for more info. Here is our High Temperature Testing Video 1 and High Temperature Testing Video 2.
    • For locations colder than 32F, a Thin Film Heater and a thermometer relay is required to prevent controller shutdown. Please see our Tutorial page for more info.
  15. How do I prevent theft and vandalism of the tablet?
    • You can use any Android tablet, some models are more vandal proof than others. You can also add tempered glass screen protectors to further protect the tablet. However, nothing can give you 100% protection to purposeful vandalism such as a swing from a baseball bat, this is also true for any other entry systems on the market. Our system allows you to replace a damaged tablet very quickly and inexpensively while replacement parts from other proprietary manufactured units can be very expensive and you must wait for a trained professional to replace the damaged parts, adding more costs and prolonged system downtime. Adding a surveillance camera system is a great way to deter vandalism.
  16. How do I manage the residents, entries, schedules and access rules?
    • The full functionality of the system is managed by accessing our cloud based Community Management Portal from anywhere with Internet.
  17. What is the HTML code to incorporate the Community Manager into my website for private labeling?
    • <iframe width=”1024″ height=”768″ frameborder=”0″ src=”https://manage.smartentrysystems.com”></iframe>
    • Here is a sample HTML file containing the code: Private Label
  18. What happens to the controller when the Internet goes down?
    • The ability for the tablet to make calls will be disabled, however, existing access codes, QR codes, cards and fobs will continue to work as usual. No updates to access codes, QR, codes, cards, fobs, schedules, and residents can be sent to the tablet by our cloud server until your Internet connection is restored.
  19. The $50 minimum monthly fee is still too much for my tiny project, can I get the system for free?
    • Yes, if your tiny project only requires a maximum of just 5 residents or less, the demo account is completely functional and 100% free to use. We hope that you will bring us larger projects in the future.
  20. Will you support Z-Wave®, ZigBee®, Wi-Fi®, Lutron® Clear Connect® based devices?
    • Possibly, this feature is under review and is being considered for future development.
  21. Can you add this special feature that I must have in order to sell this system to my customer?
    • Maybe, please contact us and describe your feature requirement below.

You can also email us directly at Info@SmartEntrySystems.com

 

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Lighting of Tomorrow is a full-service electrician company, we specialize in all commercial, industrial, HOA & Condo services.

Lighting of Tomorrow is a full-service electrician company, we specialize in all commercial, industrial, HOA & Condo services.

  • Posted: Oct 22, 2021
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LED Lighting , Energy Savings and Electrical Services for Commercial , HOA & Condo Properties

Lighting of Tomorrow is a full-service electrician company for the South Florida Area. We specialize in all commercial, industrial, HOA & Condo services and are guaranteed to leave you satisfied with our electrical work.

Our team consists of certified electricians who know the ins and outs of superior service and unbeatable customer care. We also specialize on renewable and energy-efficient product and services that facilitates the switch from outdated, inefficient lighting to state-of-the-art LED technology. We offer lighting design, inspections, installation, & maintenance.

 

Electrical Areas Of Expertise

  • Electric vehicle charging stations
  • Turnkey Lighting Installations
  • Lighting and Energy Audits
  • New Lighting Installations
  • Surge Protection Systems
  • New Construction
  • New electrical installations
  • Transformer Maintenance & Repair
  • Existing electrical repairs.
  • Installation of UPS/Generator Systems
  • Bulbs and ballast replacements
  • PLC Installations
  • Fuse replacements
  • Preventive Maintenance on Switchgear
  • Surge protector installations
  • Panel upgrades
  • Flat Rate Service Fees
  • Expert troubleshooting
  • 24 Hour Emergency Service
  • Commercial electric
  • New Commercial, and Industrial wiring
  • Solar energy panel installations
  • Rewiring and Remodeling
  • Generator backup systems
  • Electric Circuit Testing
  • Design and permits.
  • Indoor & Outdoor Accent & Security Lighting
  • Energy Analysis Audit
  • Control Wiring

 

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THANK YOU SENATOR ANNA MARIA RODRIGUEZ! By Eric Glazer, Esq.

THANK YOU SENATOR ANNA MARIA RODRIGUEZ! By Eric Glazer, Esq.

  • Posted: Oct 22, 2021
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THANK YOU SENATOR ANNA MARIA RODRIGUEZ!

By Eric Glazer, Esq.

A few weeks ago, I wrote a blog called  It’s Time To Stop A True Florida Farce.  The blog spoke about the fact that members of community association boards of directors can still get certified without taking an educational class.  Instead, they can sign a rather silly piece of paper that states they have read their governing documents and promise to enforce them.  What a joke.

I sent the column by e-mail to all Florida legislators, urging them to change the law and make certification through education mandatory.  Senator Anna Maria Rodriguez asked me to send her my proposed legislation.  I did.  I am happy and so proud to report that Senator Rodriguez filed Senate Bill 394 mirroring my proposed legislation.

 

There is no doubt that mandatory education will save the lives, properties and money of the millions of people who live in condominiums throughout the state.  Florida would be the first and only state to require a board member to take an educational course.  That would be an amazing bright spot for our state and no doubt would lead other states to eventually adopt similar requirements.

 

I had the pleasure of teaching my Condo Craze and HOAs Board Certification class last week in Miami and Palm Beach to so many people.  I taught the importance of having reserve accounts, having reserve studies done by qualified people and the danger in completely waiving the funding of reserve accounts year after year after year.  Interestingly enough, when I asked the crowd if the law should be changed to requiring at least some form of reserves and having the reserve study done by experts, EVERYONE RAISED THEIR HAND.  People want to be safe.  We learned a lot after the Champlain Towers disaster.

 

Think about this.  The Florida Legislature will no doubt make some massive changes to Florida law in this regard.  But if members of the Board are not required to attend an educational class, how in the world can they be expected to learn the new laws.  And by the way….I don’t want to hear the excused that these classes are burdensome.  They are offered on-line and they are offered for free.  Anyone who won’t devote a few hours a year to learning the new condo laws does not deserve to be on the board in the first place.

 

In any event, we owe a debt of gratitude to Senator Rodriguez for her efforts in taking this matter seriously.  Keep track of Senate Bill 394 and urge your local House Member and Senator to please support it.  If I never get another piece of legislation passed, this is the one that is nearest and dearest to my heart.  Education is the key to running a safe community.

 

Over a decade ago The Florida Legislature thought it was a good idea for members of condo and HOA boards to become “certified.”  Sounds like a good idea.  The problem is that the legislators  allowed for two ways to become certified. One way is by going over to your computer and printing a form that is on the DBPR’s website that basically says I read my governing documents and promise to enforce them.  You sign the form and you are now certified.  That’s it.  That’s all you have to do.  If you are a director of a condo, the form does not require you to acknowledge the existence of Florida Statute 718.  If you are a member of an HOA board the form does not require you to acknowledge the existence of Florida Statute 720.  The form is a joke.  The procedure is a joke and an embarrassment to The State of Florida.  In fact, many associations still have illegal provisions in their governing documents.  The current law actually allows you to become certified if you promise to enforce the illegal provisions in your governing documents.

 

As my kids go back to school today, I’m proud to say that the second way of becoming certified is by taking a course approved by the DBPR.  As so many of you now, I am most proud of the fact that I have certified over 20,000 board members throughout the state. Better yet, the attendees love it.  They learn about the requirement to fund reserves, Kaufman language, access to records, mandatory financial reporting, the role of the community association manager, legal ways for the board members to vote and hold meetings, preparation of budgets, the importance and hierarchy of your governing documents, rule making, actions of board members that constitute criminal conduct, ways directors can be removed from the board, the Marketable Record Title Act and the importance of preserving your governing documents in an HOA, obligations to maintain insurance, mandatory websites, material alterations, screening, approval and denial of occupants AND SO MUCH MORE.

 

It is an insult to every director who has been certified by taking a course to allow other directors the ability to get certified by signing a stupid self-serving form.  We are now repeatedly learning the hard way throughout our state that lack of knowledge can lead to catastrophic consequences in our communities.

 

MANDATORY EDUCATION FOR BOARD MEMBERS CAN SAVE LIVES. Florida has always led the way when it came to making community association laws that the rest of the country follows.  The State of Florida has the opportunity to become the first state in the country to require that directors become educated before assuming the incredible responsibilities that come with being in charge of our communities.  There is no excuse any longer for a Board member not to take an educational class.  Many law firms, like mine, teach the class on-line.  A board member never even has to leave his or her home in order to become certified.

 

I urge the members of The Florida Legislature to amend the condominium, co-op and HOA statutes to remove the ability to become “certified” by signing a form and instead require attendance at an educational course.  I already drafted the proposed legislation and it’s ready to be filed.  With all my heart, I believe lives can be saved, financial disasters can be avoided and it is in the best interest of the millions of Floridians who live in a community association.  Readers: please contact your legislators if you agree.

 

 

 

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The Florida Bar task force said Florida Condo Associations Need Reserves in Place for Major Safety Repairs!

The Florida Bar task force said Florida Condo Associations Need Reserves in Place for Major Safety Repairs!

  • Posted: Oct 19, 2021
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The Florida Bar task force said Florida Condo Associations Need Reserves in Place for Major Safety Repairs!

 

Here are seven findings of the 179 page report of the Surfside task force:

1- The absence of uniform maintenance standards outside of boards should be established.

2- Efforts to make condo repairs of life safety issues should no longer require a full vote of the association membership.

3- Thorough and consistent inspections should be required.

4- Boards should be empowered to borrow money to pay for life safety repairs.

5- Local governments can no longer rely upon sovereign immunity to protect themselves from civil claims.

6- The Florida legislature can no longer raid the $4 door tax trust fund by diverting that money to the general fund.

7- Thirty percent of that money should go towards educating boards and owners about repairs to make buildings safe

 

 

A task force report prepared by a section of the Florida Bar recommended that lawmakers overhaul the state’s condominium laws following the Surfside building tragedy that killed 98 people, urging a process to address inspections and ensure proper reserves are in place to make major safety repairs, among other issues.

The task force was formed by The Real Property, Probate and Trust Law Section of the bar, convening lawyers who deal with condominium and association laws. Its purpose was to recommend ways to prevent future failures, not to investigate or place blame for the 12-story building collapse.

“The lack of uniform maintenance standards or protocols, and the unguided discretion given to boards of directors to determine when, how, and if life safety inspections should be performed, requires legislative intervention,” concluded the 179-page report that was released earlier this week.

 

Champlain Towers was 40 years old and in need of major repairs when it collapsed on June 24. It’s led to officials looking at the need to ensure other aging structures are safe. The task force said 912,376 Florida condo units housing more than 2 million people are at least 30 years old, including more than 105,000 older than 50 years and nearly 328,000 built between 40 and 50 years ago.

Overall, Florida has more than 1.5 million condo units operated by 27,599 condo associations, the report said.

 

Among recommendations are giving association boards the right to make special assessments for major repairs to protect resident safety without a full association vote. It also requires associations to build up reserves for such projects as recommended by engineers in order to be able to pay for repairs. Those would be in addition to accounts in place for routine maintenance.

While the report said the vast majority of condominium associations are operating in a reasonably safe manner, there needs to be more consistency with inspections and the information provided in them needs to be available to residents.

“Unit owners and boards may also resist such maintenance because of cost, lack of reserves, disruption and inconvenience,” the report said.

The report also recommended allowing condominium boards to borrow money to pay for life safety repairs so the cost could be spread out over years.

Local governments should also have a higher level of accountability for inspection reports, including stripping them of sovereign immunity protections, which limit civil claims against government agencies to $200,000.

 

“Condominium residents should be entitled to rely on the inspections and reports performed by or on behalf of local governments, and local governments should not be able to avoid responsibility for the content and conclusion of building inspection reports,” it said.

Current law has limitations on associations and unit owners to take civil action against developers for design and construction flaws. Those limitations should be lifted, the report said.

The state division that oversees condominium education and compliance is largely funded by a trust fund built on a $4 per unit fee. The task force recommends the Legislature not be able to “sweep” the trust fund for other state budget purposes.

It also recommends that 30 percent of the trust fund be used to educate association boards and residents about obligations to make repairs to ensure buildings are safe.

 

Thank You, for the Article:  MARY ELLEN CAGNASSOLA 

 

 

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TD250 Treadmill Desk $2,299 (plus sales tax & delivery) – in stock for a limited time & limited quantities! by Commercial Fitness Equipment

TD250 Treadmill Desk $2,299 (plus sales tax & delivery) – in stock for a limited time & limited quantities! by Commercial Fitness Equipment

  • Posted: Oct 18, 2021
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TD250 Treadmill Desk $2,299 (plus sales tax & delivery) – in stock for a limited time & limited quantities!

by Commercial Fitness Equipment

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Click the Picture or Title below to find more great fitness products for your home or Fitness Rooms in your Buildings!

The World’s first Convertible Exercise to Work Station
This treadmill is built for #RUNNING and #WALKING, and as a WALKING WORK DESK. Able to accommodate users up to 300lbs, the TD250 Treadmill Desk is truly the treadmill for everyone. From the beginner to advanced athlete, you will not find a better value in its class.

Commercial Fitness Products  < SFPMA Members Page

954-747-5128

Commercial Fitness Products, a Florida based organization, has been serving the fitness needs of our customers nationwide for over 27 years. Our primary focus is Multi-Housing & Hospitality, as such, we stay current on the latest industry trends, and are able to share ideas on how we may equip or improve any community fitness center. We provide more than just equipment…our goal is to delight your residents & guests by providing them an exceptional fitness environment.

CFP’s team of experienced professionals are eager to assist you with prompt & courteous customer service. If you have any plans to add, change or upgrade your fitness amenity, we welcome the opportunity to work hard to earn your business.

 

 

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What happens when a board member who is in attendance at a board meeting fails to cast a vote on a matter brought before the board for a vote?

What happens when a board member who is in attendance at a board meeting fails to cast a vote on a matter brought before the board for a vote?

  • Posted: Oct 18, 2021
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What happens when a board member who is in attendance at a board meeting fails to cast a vote on a matter brought before the board for a vote?

by 

A director of the association who is present at a board meeting at which action on any corporate matter is taken is presumed to have assented to the action taken unless he or she votes against such action or abstains from voting. A director who abstains from voting on any action taken on any corporate matter is presumed to have taken no position with regard to the action. A vote or abstention for each member present must be recorded in the minutes of the meeting. Condominium: Section 718.111(1)(b), Florida Statutes Cooperative: Section 719.104(8)(b), Florida Statutes

 

Owners and the Board of Directors

Every association board I know want’s the owners in the community they serve to be informed and involved.  That is why we send out notices of board meetings and offer owners the ability to take part in those meetings by Zoom or in person.

The association’s board represents the owners of your association and has the important job of making decisions on behalf of the association. The board has a duty to protect the property value of the association’s owners along with the safety of visitors and residents to the association. They have a responsibility for oversite of association funds and association management.

The board is also charged with complying with and enforcing the associations governing documents, to do this they have the ability to hire professionals and advisors, including; managers, engineers accountants, attorneys and contractors and while in some cases the law requires then association to seek bids, it never requires the association to hire the low bidder. Instead, it is the board’s responsibility to choose the vendor and bid they feel fits the needs of the association best.

In many cases owners only take notice of board’s action when it effects their pocketbook; for example, when they receive a notice of special assessment, or their maintenance fees are increased. By that time the vote has most certainly been cast, as the meeting to discuss and approve the project or budget have already been held. The best time to get involved, so that you understand why an increase or assessment is necessary, and have a chance to provide input, is early. Attend board meetings, especially those to discuss projects, review contractor recommendations, and make decisions about what needs to be done.

The recent events at Surfside serve to point out what happens when important projects and/or maintenance are delayed due to unit owner objections to costs or project necessity.  These delays are often caused by a small group of very vocal unit owners that think they speak for the owners, when in fact it is the board that speaks for the owners, as they are the sole elected representatives of the owners.

At best the delays caused by these small vocal groups cost additional time and money, at worst they can be catastrophic. It’s important for owners to support the board when the time comes to proceed and that they participate early in the process, providing input and asking the questions they feel should be addressed before decisions are made and not after.

Royale Management Services, Inc. has been serving South Florida since 1984. The company was founded to provide high quality management and accounting services for business and individuals, Royale Management Services, Inc. expanded to the Community Association and Home Owner’s Association Management business in 2000.

Our team members are highly trained in all aspects of community association management and customer service. We take pride in delivering property management services that work!

Royale Management Services, Inc.
2319 N Andrews Avenue
Fort Lauderdale, FL 33311

Phone: (954) 563-1269
Toll Free: (800) 382-1040

Email: cam@rmsaccounting.com

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