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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
Wetlands are frequently mandated by state and county statute. When you work with Allstate, you can be assured that we are following all regulations and mandates for wetland preserves and wetland management in South Florida.
Did you know! In Florida there are more 400 water recycling projects, making our state a national leader in the use of reclaimed water. The treatment process eliminates harmful substances, but leaves traces of nitrogen and phosphorous that act as fertilizers when reclaimed water is applied to lawns and landscape. Reclaimed water can cause spikes in algae growth on lakes.
Call us at 954-382-9766 for more information on causes for algae growth
Allstate Resource Management has over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management. Our services include lake management, wetland management, stormwater drain cleaning and maintenance, erosion control, fish stocking, native plantings, debris removal, water quality, aquatic pest control, and upland management. All of our technicians are thoroughly trained and certified in order to meet the strict standards imposed by governmental agencies. This ensures that your property will be treated by only the most competent individuals who are proud of the services we render.
In addition to providing a healthy habitat, we specialize in the installation and maintenance of beautiful color lit fountains, bringing beauty and enjoyment to any lake or pond.
We also offer support services for property managers and HOA’s including educational presentations and CEU programs. Our approved courses offer continuing education credit to CAMs. Find us on the SFPMA Members Directory.
Colleen Sullivan
Marketing Manager
www.allstatemanagement.com
6900 SW 21st Court, Building #9
Davie, Florida 33317
Phone: (954) 382-9766
Tags: Common Area Issues, Lake Management Articles, Management News
If your community association has engaged the services of a contractor, engineer, architect, or other construction or design professional to perform a maintenance, repair, replacement, or capital improvement project, you know the process can be overwhelming. No matter the mad rush to execute the contract as soon as possible, when beginning such projects, no matter how big or small, the board needs to ensure the contract adequately protects the association. Even the smallest of projects can have unexpected, disastrous consequences. A few of the more common provisions which every board member should understand follow. |
The Indemnity Provision |
In today’s extremely litigious world, it is important that your association does what it can to protect itself against unforeseen claims that can arise out of the contractor’s performance of the work. For example, assume a crane fell on the building being repaired, the contractor accidentally damaged the elevator shaft, or worse still, a life is lost. An indemnity provision provides that the contractor will indemnify, defend, and hold harmless the association from and against claims arising out of or resulting from the performance of the work by the contractor or any of its employees, subcontractors, suppliers, etc. Indemnification provisions can be tricky to understand. The general contractor, engineer, and design professionals (aka the architect) may seek to avoid and/or cap their overall liability. Even a small contract can have significant consequences if the negligence of the contractor causes significant damage or injury. Rarely does the inclusion of a single word have disastrous consequences; however, a recent trend we have seen in many contracts is the contractor requiring the indemnity obligation to be limited only to damage caused by the contractor’s “sole” negligence. As events which cause loss or damage rarely occur by the “sole” actions of an individual, this provision significantly diminishes the contractor’s responsibility to indemnify the association. The association should look out for any indemnity provision which provides that the contractor is only responsible to indemnify for its “sole” negligence. Without getting into too much complexity, Florida is a “contributory negligence” state. This means each party is responsible to satisfy a judgment against them in proportion to their responsibility for the blame. So, if the contractor is found to be 33 percent responsible for an accident, then it pays 33 percent of the final judgment award. But, if the contract indemnity provision required sole negligence, the contractor would pay nothing at all because the accident was not “solely” caused by the contractor. Youch! Another trend we see is the contractor limiting its liability to damage caused by its “gross negligence,” which by definition excludes “simple negligence.” As a brief explanation, simple negligence is when a person fails to take reasonable precautions that any prudent person would take in similar circumstances and their actions cause harm (for example, a driver who runs a stop sign and causes an accident). Gross negligence is extreme indifference or reckless disregard for the safety of others (for example, driving 100 mph in a parking lot and injuring a pedestrian). As any claims arising out of the work are likely to result from the contractor’s simple negligence, this heightened standard is not favorable to the association. If the contractor is insistent on limiting its liability, the association may consider limiting the contractor’s indemnification obligation to the maximum payable under the contractor’s insurance policy. This way, the contractor is not on the hook for unlimited liability, but the association has some decent protection as claims can be covered up to the maximum amount payable under the insurance policy. However, in the event of a catastrophic loss or casualty event, even the amount payable under the insurance policy may not be enough to protect the association. In addition to these limitations, “design professionals” have the added benefit of statutory authority to further limit their liability in a contract (they must have better lobbyists). Section 558.0035, Florida Statutes, provides a procedure by which a design professional can exclude any “individual liability” for damages resulting from negligence occurring within the course and scope of a professional services contract. In other words, the design professional will not be personally liable to the association for any negligence in its design if the contract includes a provision that excludes such personally liability. Section 558.002(7), Florida Statutes, defines a “design professional” as a person who is licensed in the state of Florida as an architect, landscape architect, engineer, surveyor, geologist, or a registered interior designer. Therefore, if your association is contracting with any of the foregoing design professionals, you will likely need to negotiate this provision. You should also be aware that disputes over the enforceability of the indemnification clause do not automatically include prevailing party attorneys’ fees unless the indemnification provision specifically provides that, in the event of a dispute concerning the applicability of the indemnification, the prevailing party must be indemnified for their attorneys’ fees, costs, and expenses incurred in enforcing their right to be indemnified. |
Insurance Provisions |
To ensure there are sufficient funds to satisfy an indemnity judgment in favor of the association, it is important that the association require the contractor to carry certain minimum insurance. Therefore, the contract should contain a clause which provides that the contractor will maintain such general liability insurance as will protect the contractor and the association from claims that may arise out of or result from the contractor’s operations under the contract documents in the amounts set out in the contract. Additionally, the association should ensure that the contractor obtains sufficient workers’ compensation coverage. There are a couple of terms with which you should be familiar:
Thus, the contract should not only require that the contractor carry insurance but also provide that the contractor is obligated to provide a certificate of insurance evidencing the insurance coverage and containing an endorsement listing the association as an “additional insured.” In addition to the insurance requirements for the contractor, your association may consider purchasing builder’s risk insurance for the project. Builder’s risk insurance is designed to protect the owner of a construction site from loss and damage. This should be further discussed with the association’s insurance agent. |
Paying the Contractor |
During a major construction project, the association’s contractor will likely be working with several subcontractors to complete the work. The process for payments in such projects is set out in §713.13, Florida Statutes. (For a more detailed discussion on the construction payment process, you can read my prior article, “Construction Progress Payments: The Hidden Trap,” at rembaumsassociationroundup.com, originally published in the Florida Community Association Journal, February 2020 edition.) By way of brief explanation, when the project commences, the association records a “Notice of Commencement” identifying the contractor and the legal description of where the work is being performed. The purpose of the Notice of Commencement is to inform all subcontractors and suppliers that if they intend to provide goods and/or services to the property, and if they want to have proper legal standing to record a lien against the property in the event they are not paid, the subcontractor and/or supplier must serve a “Notice to Owner” to the association. The Notice to Owner informs the association of all subcontractors working under the general contractor and all suppliers who provide suppliers and materials to the job site. In exchange for payments to the general contractor, the general contractor provides the association with “partial payment affidavits” for each payment and a “final payment affidavit” upon conclusion of the work at hand. The subcontractors and suppliers provide the association “partial releases” for the payment received from the general contractor using the general contractor as the delivery conduit to deliver the partial release to the association. This method ensures that subcontractors and suppliers cannot later claim that they were not paid. However, in order to ensure this protection, it is important that the contract requires the contractor to provide the subcontractors’ and suppliers’ partial releases contemporaneously with the association’s progress payment. With the partial releases in hand, in the event the contractor does not pay the subcontractors and suppliers, the association is fully protected. Some general contractors insist on providing the association with the partial releases from the subcontractors and suppliers one payment behind. This should be a red flag to your association because it means if the contractor fails to pay the subcontractors and suppliers after receiving payment from the association, the association will still have to pay the subcontractors and suppliers. In such event, the association will end up having to pay twice for all or part of the same work. |
Prevailing Attorney’s Fees |
Another important consideration is the prevailing party attorneys’ fees provision of the contract. An attorneys’ fee provision generally provides that in the event of litigation to enforce the terms of the contract, the prevailing party is entitled to recover their attorneys’ fees. However, this provision must be carefully worded to ensure that your association will be able to recover its attorneys’ fees. |
Termination |
Most contracts provide that the association may terminate the contract for cause. The termination for cause provision should include examples of conduct by the contractor which would entitle the association to terminate the contract for cause. In addition to termination for cause, we recommend the inclusion of a “without cause” termination provision. This provision gives the association an out in the event the contractor is not working out, but the contractor’s conduct does not rise to the level which would allow dismissal for cause. Generally, if an association terminated an agreement without good cause, and unless otherwise spelled out in the contract, the contractor would likely be entitled to approximately 15 to 22 percent of the contract price for its anticipated lost profit and overhead. |
Payment and Performance Bonds |
Another way the association can protect itself is by requiring the contractor to obtain “payment and performance bonds,” which are most often purchased together as a set. While doing so typically adds three to five percent to the total contract price, it is well worth it. In addition, if the contractor is not able to provide such a bond because the bonding companies will not bond the contractor, it is very telling because not every contractor is bondable. A “performance bond” is a surety bond issued by a bonding company or bank to guarantee the satisfactory completion of the work by the contractor. It acts to protect the association in the event the contractor fails to complete its contractual obligations. A “payment bond” guarantees the contractor will pay all laborers, material suppliers, and subcontractors engaged by the contractor for the work. In the event the association pays the contractor, but the contractor fails to pay the laborers, material suppliers, and/or subcontractors, the surety will step in to pay same. |
Force Majeure |
Many contracts contain force majeure language which provides that the parties will not be responsible to the other if they are unable to fulfil the terms of the contract due to events beyond the control of the parties. Most often, a force majeure event adds delay to the targeted project completion date and avoids claims for breach of contract due to the delay. Such events may be acts of God, flood, fire, hurricanes, war, invasion, terrorist acts, government order or law, actions, embargoes, or blockades, etc. Of late, for reasons that need no explanation, pandemics are added to this list, too. The above discussion is not meant to be all inclusive. There are so many other important provisions to consider, but space is limited. To ensure your association is protected, the association should always rely on its legal counsel to review the association’s contracts and make the necessary revisions to assist in the protection of the association. |
We are dedicated to providing clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns. Our areas of concentration include
Online meetings were common practice within the business community; however, it was less seen in the association world. Some would say because the technology was too difficult for many, others would say, our owners wouldn’t allow it, etc. The reasons against certain groups were plentiful. However, after the challenges we dealt with Covid, many Board Members quickly realized the vast benefits of hosting online meetings. Some advantages are increased attendance, more accessible access to foreign/out-of-state buyers, and more transparency.
From a management perspective, there have been many advantages as well. It is much easier for management to present to the membership, invite vendors/contracts to attend meetings, and provide a better quality of life for the CAM. For instance, the CAM no longer has to worry about staying after work for a Board meeting; now, they can drive home, spend some time with the family and then jump on the meeting from home. Further, they don’t have to worry about the potential drive home after the meeting. These small perks are enormous for the quality of life for the CAM. Happier CAM equals happier staff and higher productivity for the association’s operations.
As the Co-Founder and CEO of Affinity Management Services, Rafael P. Aquino leads his team to redefine excellence. They serve community associations efficiently
and effectively with dedication and passion. Rafael’s energy and positive spirit is the foundation of Affinity Management Services’ company culture, which instills enthusiasm and excitement when providing expert advice to its board members and relieving the day-to-day burdens of running a community association.
Since 2007, Rafael has developed a work culture that values responsive and high-quality services. He has led his team by following a proactive vs reactive philosophy. The same approach Rafael instills in the day to day operations of each association. Today, Affinity Management Services maintains its success and benefits as a result of the foundation Rafael has built and continues to foster by providing educational seminars, continuing education classes for association managers and board members alike.Rafael and his team help condominium and homeowners’ associations save money and improve their communities. His calm, personable, and service-oriented nature helps him to establish strong relationships with ease. Rafael is known as a sincere and honest leader who looks out for the best interests of his clients and communities, and he strongly advocates for their needs. His role requires coordination and communication, as such he takes logical and intelligent steps to approach challenges head-on.As a graduate of Florida International University’s electrical engineering program and a licensed community association manager, Rafael’s education and skills equip him with unique insights to tackle complex problems through critical thinking. He understands how each component within a system works together in order to effectively arrive at solutions, techniques, and conclusions. Therefore, as he manages the multiple challenges of running a community association management company, he understands how each property is its own unique system and tailors’ specific services to assure that all their needs are met.
For more information about Rafael P. Aquino and Affinity Management
Services please visit www.ManagedByAffinity.com or call 1-800-977-6279
by iDentyTech Solutions America
A lot of people don’t like to touch things or put their fingers or hands where other people have been. These reasons could be personal, such as the dislike of germs, or even religion. There are industries that require a sterilized work environment, and again touching a keypad or putting your eye in an iris reader it’s not convenient. But what if you could present your hand to a sensor and without touching it, your biometric palm vein map could be read?
This is a biometric technology that authenticates you on the basis of vein pattern recognition, rather than iris scans or fingerprint. The world’s first “contactless vein authentication” technology offers even more security and ease of use and overcomes previous problems related to security concerns.
The PalmSecure sensor is a biometric authentication device that provides the highest level of security using palm vein authentication technology. This technology is now able to be used in a wide range of situations thanks to reductions in size, reductions in cost, and simplification of development.
PalmSecure emits near-infrared rays that are absorbed by deoxidized hemoglobin present in blood flowing through a user’s palm veins. This causes an image of the palm to be captured as a vein pattern, which is then verified against the user’s pre-registered pattern to grant (or deny) access to a physical location or computer network.
> Contactless
Because of its contactless feature, it is very hygienic and stress-free for even public use.
> High security & applicability rate
Difficult to forgery the palm vein data because it is inside the body. Almost everyone can use it. The only system on the market that gives 100% the ability to enroll and authenticate any person.
>Easy to use
Just hold your palm over the device, it captures your vein pattern instantly and will operate with all genders and ages.
>Authentication accuracy
The palm vein authentication realizes advanced authentication accuracy because the palm vein pattern has many and large sizes of blood vessels. False Rejection Rate: 0.01% and False Acceptance Rate: 0.00008%
>Advanced algorithm
The algorithm creates several tens of thousands of Minutia points, encrypting each image before converting it into a template allowing for unique encryption keys for specific solutions.
Contact me today!
Rodrigo Perez
(305) 505-7132
Rodrigo@identytech.com
Find us on the Members Directory on SFPMA
Tags: Condo and HOA, Management News
“By working together we solve problems in the Property Management Industry”
Our effective marketing helps companies set goals and grow throughout the industry. We Aid Property Management Firms, Condo Boards and HOA Communities with finding the right Property Managers and solutions for finding the right Business and Services needed for proper operations of their properties. Helping them achieve their goals.
This past month our IT Dept set up on the back end of the website a stronger way for these clients to find the services they need and contact us, in turn we will send the leads directly to our listed members.
Each month many of our members are contacted to solve problems that arise. Some important ones are; Tax Time, Budgets, and Elections, Legal Services and Maintenance. We put clients in touch with members to help with Bookkeeping, Collections, Legal Advice and Service. Helping Clients make the right decision with hiring one of the association’s members.
When a request for maintenance of their buildings arises these management professionals search our Florida Directory finding top professionals ready to meet their needs. When Property Managers hire a company listed on our directory, they trust us to find companies that work with management professionals and each member holds proper licensing, insurances in the State of Florida.
We use information sent to us by our members and redistribute this using our in house marketing, each day this is sent directly to clients using Published Emails, from our Website to the many Social Media pages and Groups. We want you to be seen by clients all over Florida.
How do you market your business?
First you have to think about who your audience is along with what you are posting to this targeted audience? – Then think about your effectiveness and reaching clients with your own company marketing efforts.
Then ask yourself are your goals being met? – When we share about your company, We target the people that are making the decisions. We inform them about the most important issues they face with building management.
With your membership you can get your company information published and sent, informing the industry professionals. Let SFPMA spread this through our network of Board Members, Property Managers and Industry Professionals.
The Use of Digital Advertising from our Publications, Website Banner Advertising, Industry Articles on our Blog and Direct Emails to clients all over Florida!
Our Marketing Dept is constantly posting what our members send to us, sending the information to the many Social Media Pages and Groups from FB, LI, Twitter and Others. But its the Direct Emails we send we feel make the biggest impact.
Over the years we have obtained 230,000 Emails that are kept safe and secure.
Our Magazine “Florida Rising Magazine” has been published since 2014 and sent throughout our industry, this is packed with Articles, Advertising and a Directory, we thought how can we get others reading the magazine to find the top Member Companies – Put it in the Magazine! finally Social Media, With so many people looking on their Phones Our Posting on this media keeps our members and the information they supply to us on the minds of new clients that are searching for help with their Condo and HOA Management and Operation.
By keeping clients informed of what your company is doing you are on their mind. They will learn more about you, helping them make an informed decision when hiring!
Sincerely, Frank J Mari / Executive Director
Tags: Management News, SFPMA Articles
Proud of our hard working installation crews who are dedicated to supporting Property Managers throughout Florida. Our culture is built on pride of customer service. At House of Floors we are just one spoke in the wheel for our Property Management clients.
Wishing our friends, clients, vendors, and all our associates a peaceful and relaxing holiday.
Also Owners of Flash Restore.
At Flash we have developed a unique set of Standard Operating Practices that are supported by a strong back office team, and well trained field technicians. It is imperative that we perform the highest-quality work, and just as important that we can prove our work to our customer. A Scope and Estimate are always provided for review, communication and documentation begins as soon as we get eyes on a job, and daily progress updates are sent each day of an open job. Finally, each job performed by Flash is documented in detail in our Evidence Documentation Packet (EDP) (Remote owners especially appreciate this process).
Success is best measured by customers that request additional work, refer Flash to others and/or are willing to commit to longer term relationships. The feedback and response from Property Managers, Insurance Carriers, Hygenists/Assessors and Homeowners have been overwhelmingly positive. We’re different, and we’ll prove it.
Once a water-related emergency occurs, it’s critical to act quickly. Water moves fast and does incredible damage and remember water will flow until something stops it. Once it hits a surface like a wall, molding, or the foundation, it starts to fill up, and it can wick up into drywall, wood, and plaster in a matter of hours. That’s why it is critical to contact the professionals at Flash Restore as soon as possible. They are always available, even in the middle of the night. Remember, the more time that passes, the more damage that can occur.
Tags: FlooringPSI Roofing has built a successful history of installing high-quality commercial roofing systems with unmatched attention to detail for customers who demand the best the industry has to offer.
Our clients range from office buildings, manufacturing and industrial warehouses, condominium associations, healthcare facilities, storage facilities, schools and universities, shopping centers, churches, federal government and armed forces facilities. Check out our portfolio of completed projects!
The following are types of roof systems installed by PSI:
Once your project is under way, you will have online access to all information about your re-roof project through our Client Portal Service. This option provides access to all relevant job documentation. This includes job progress photos, maintenance history, building condition and equipment inventory, warranty information, and invoice status that are interlinked with a rational database. All information is kept on secured remote servers in order to protect your sensitive data and is accessible through a secure web portal through our website.
Tags: Management News, Roofing Articles
Q: What happens is I refuse to pay a fine for violating the association’s governing documents? (R.N., via e-mail)
A: A duly levied fine is due after a board appointed fining committee confirms, at a properly noticed fining hearing at which the accused can state his or her case, a fine proposed by the board. Pursuant to amendments to the statute enacted in 2021, the fine is due 5 days after notice is sent to the person who owes the fine.
Assuming the procedures outlined under statute and the association’s governing documents are followed, the association may take action to collect the fine. The condominium and cooperative statutes prohibit unpaid fines from becoming a lien against a unit. The statute for homeowners’ associations, by comparison, provides that no fine of less than $1,000.00 can be secured by a lien against a parcel, presumably meaning that fines of $1,000.00 or more may become a lien against parcel, if authorized by the governing documents.
In most cases, a lawsuit in small claims court is the proper venue to collect an unpaid fine. The statute for homeowners’ associations provides that in any legal action to collect a fine, the prevailing party is entitled to recovery of their attorneys’ fees from the non-prevailing party, as determined by the court. While the statutes for condominiums and cooperatives do not contain the same language, it is generally believed that the generic provisions of those statutes allow for the recovery of attorneys’ fees for legal actions brought under the statute.
Fines are “monetary obligations” and, if left unpaid, can also result in the suspension of voting and common area use rights, and disqualification from board service. Unpaid fines can also be disclosed on the “estoppel certificate” that the association provides in connection with the sale of the unit, a process which is primarily aimed at ensuring that assessments and other charges applicable to the unit are properly calculated, accrued, and prorated between a buyer and seller, so that a “clean” and insurable title can be issued.
Q: Can an association charge late fees on past due assessments? (B.K., via e-mail)
A: Yes, if late fees are authorized by the documents governing your community.
The respective laws governing Florida condominium, cooperative, and homeowners’ associations allow for an administrative late fee of up to the greater of $25 or five percent of each late assessment installment, if authorized by the declaration or the bylaws. Assessments and installments on assessments that are not timely paid also bear interest as provided in the declaration or bylaws. If the community documents do not provide an interest rate, interest accrues at the rate of 18 percent per annum.
Payments on delinquent accounts received by the association must first be applied to any interest accrued, then to any administrative late fees, then to any costs and reasonable attorneys’ fees incurred in collection, and then to the delinquent assessment.
Q: Our homeowners’ association board says that we cannot have an ice cream truck in the community because our governing documents prohibit solicitation in the community. Is that true? (K.S., via e-mail)
A: It sounds like your board could use some good humor.
“No solicitation” clauses are generally aimed at prohibiting door-to-door types of activities. The legally correct answer will depend on several factors, including whether your roads are private or public, whether the community is gated, and the easement language in your declaration of covenants.
In the board’s defense, there is certainly reasonable cause for concern with children running up to the truck, potential accidents, and the like. If the association owns the roads, it would be a party to get sued in the event of a mishap or tragedy.
Perhaps a reasonable compromise would be to permit the truck to park in a certain common area for a stated period of time, and allow the patrons to come and get their ice cream from the truck only while safely parked and the motor turned off.
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.