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Learn about your HOA! Get involved this year, learn the Laws and how your Board is Governing? | SFPMA

Learn about your HOA! Get involved this year, learn the Laws and how your Board is Governing? | SFPMA

Learn about your HOA:

Many owners in HOA’s all over the country are looking closer at how their homeowners associations are being Governed. Inspection of the Accounting for years was based on trust, not any more! Many Owners want to make sure the fees they pay are being used for the benefit of their hoa. SFPMA has been getting many emails stating misuse accusations, document inspections, higher fees imposed by boards and collections for owners that are not paying. Many dont know what to do or dont care?  We say you should!

Learn more…..

Here are some things you Should be looking at:

1. Learn the HOA’s rules.

You may be able to find an HOA’s CC&Rs online as well as information about what happens if you violate a rule. Make sure any online information is current. If you cannot find this information online, ask your real estate agent to acquire these documents for you or contact the HOA yourself.

Pay particular attention to rules regarding fines and whether the HOA can foreclose on your property for nonpayment of HOA dues or fines resulting from CC&R violations. Also, learn about the process for changing or adding rules, and whether HOA meetings are held at a time you will be able to attend if you wish to do so. If the rules are too restrictive, consider buying elsewhere.

(EVERY HOA SHOULD HAVE A WEBSITE: EVERY OWNER CAN SIGN IN TO AND FIND THE INFORMATION ABOUT THE ASSOCIATION, MEETINGS, ELECTIONS, BOARD MEMBER REPORTS and NOTIFICATIONS AND NEWS)

 

2. Make sure the home you want to buy is not already out of compliance with HOA rules.

Buying into an existing problem can be a headache, so find out what the rules are and whether you would have to make changes to the home to comply.

(IF A PAST OWNER HAD FEES THEY OWED THE HOA, NEW OWNERS COULD BE ON THE HOOK TO PAY THESE TO THE HOA, ASK YOUR ATTNYS AND AGENTS)

 

3. Assess environmental practices.

If environmentally friendly living is important to you, be aware that some HOAs may dictate that you use fertilizers, pesticides, sprinkler systems and whatever else it takes to keep your lawn picture-perfect. They may not allow xeriscaping (an environmentally friendly form of landscaping) and may limit the size of gardens, ban compost piles and prevent you from installing solar panels. So make sure you check the fine print first.

 

4. Consider your temperament.

Are you the type of person who hates being told what to do? If so, living in a community with an HOA may be a very frustrating experience for you. One of the major benefits of home ownership is the ability to customize and alter the property to suit your needs, but HOA rules can really interfere with this.

 

5. Find out about fees.

Fees will differ for each community. Because of this, you should make sure to ask your HOA the following questions:

  • How are HOA fee increases set?
  • How often do increases occur, and by how much have they historically been raised?
  • Can you get a printed history of HOA dues by year for the last 10 years?
  • How large is the HOA’s reserve fund?
  • Also, ask for a record of special assessments that have been made in the past and ask if any special assessments are planned for the near future. Note that economies of scale can mean that special assessments are smaller in HOAs covering large communities, higher in smaller HOAs.
  • Find out what the monthly dues cover. Will you still have to pay extra for garbage pickup? Is cable included?

Compare dues for the complex or neighborhood you are considering to the average dues in the area. Keep in mind that you will have to pay for recreational facilities whether you use them or not. Find out the hours for amenities like pools and tennis courts. Will you be around during those hours, or will you be paying for facilities you’ll never be able to use? Be aware that the HOA may have rules about how many guests can use common facilities. If guest restrictions are severe, forget about that housewarming pool party you envisioned.

(LEARN ABOUT YOUR HOA OR CONDO BEFORE YOU BUY. LEARN WHAT QUESTIONS TO ASK BOARDS AND MANAGEMENT COMPANIES BEFORE YOU BUY!)

 

6. Try to get a copy of minutes from the last meeting or sit in on an HOA meeting before you buy.

The meeting minutes can be very telling about the policies of the HOA. Some questions to ask are:

  • What are current and past conflicts?
  • What is the process for resolving any conflicts?
  • Has the HOA sued anyone? How was that resolved?

Be alert for potential drama. Power trips and petty politics can be an issue in some HOAs. Talk to some of the building’s current owners, if possible – preferably ones who are not on the HOA board and who have lived in the building for several years. Talk to the HOA president and get a sense for whether you want this person making decisions about what you can do with your property. If a private company manages the HOA, investigate it before you buy. Some HOAs are professionally managed, but it is common for associations to be managed by building residents who hold their positions as volunteers. Even if you like the current HOA board or management company, it can change after you move in and you may end up getting something totally different than what you expected.

 

7. Watch for under-management.

Not all HOAs are over-managed. The opposite problem may be an HOA where no one really cares and where no one is interested in maintaining the building, making repairs, hearing resident grievances or being on the board. Residents may simply take turns serving as HOA president or randomly appoint someone, so be prepared to serve in this role whether you want to or not if that is the case with your community’s HOA.

This would also be a good time to check into any restrictions preventing you from renting out your property or that make it difficult for you to do so. If your property is being under-managed you might not have an issue, but if you’ve got a hyperactive manager it could be a totally different story.

 

8. Find out what kind of catastrophe insurance the HOA has on the building.

This is particularly important if you’re considering a condo or townhouse purchase and you live in an area that is prone to floods, earthquakes, blizzards, fires, tornadoes, hurricanes or any other type of potential natural disaster – and that is virtually anywhere.

 

9. Consider the impact of HOA fees on your short- and long-term finances.

A condo with high HOA fees might end up costing you as much as the house you don’t think you can afford.

 

The Bottom Line

Homeowners’ associations can be your best friend when they prevent your neighbor from painting her house neon pink, but your worst enemy when they expect you to perform expensive maintenance on your home that you don’t think is necessary or impose rules that you find too restrictive. Before you purchase a property subject to HOA rules and fees, make sure you know exactly what you are getting into. Then, once you’ve found your dream community.

 

Planning for the Future

The only constant is change, and the board must plan for the HOA’s future. This involves determining long-range needs and establishing long-term goals, along with implementing a strategy to attain those goals. The board should set annual goals, as well as those for a longer time frame. Performance goals are also set by the board. SFPMA and our members can help with many of the maintenance requests for your properties.

 

 

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Lake Management and Hurricane Season by Allstate Lake Management

Lake Management and Hurricane Season by Allstate Lake Management

Lake Management and Hurricane Season

by Allstate Lake Management

Many South Florida homeowners are not aware of the critical role their community lakes play in managing stormwater and mitigating local area flooding.  With the start of this year’s hurricane season around the corner, now is the time to make sure that our lakes and waterways are ready to deal with whatever nature throws at us.  The problem of flooding is a real issue here because our homes are built on relatively flat, low-lying ground.  The thin layer of soil under our feet can become saturated quickly, and sits on a cap of coral rock that only allows for a slow flow of water down to the aquifers below.  This, combined with the possibility of large amounts of precipitation in short periods of time creates conditions for major flooding in our urban areas.  When developers create residential communities and commercial areas, they need to take into account how much water needs to be stored or moved in order to prevent the project from flooding during major rain events.  Through careful planning and design, they route stormwater away from our homes and into a system of lakes and canals.  The size and number of lakes in our communities are a result of those calculations.  Lakes are dug to create a storage area for water runoff from storms.  The fill dug from the lakes is then used to raise the elevation of the homes around them.  Using a system of drains and pipes the water is directed from the

developed areas down into the lakes.  Some community lakes use weirs or culverts to connect   them to the municipal canal system.  This allows them to move excess water off the property once they reach a certain level. The system works well but requires regular maintenance in      order to ensure that it works properly when needed.  Scheduled inspections of storm drains and weirs is important to keep the water moving off our streets and properties efficiently.  These structures accumulate silt and debris, and will occasionally need to be cleaned out.  The lakes

themselves also need to be regularly inspected and maintained

 

Even though they are primarily man-made storm water basins, they do evolve and become living ecosystems like naturally occurring waterbodies.  Aquatic vegetation begins to grow in all lakes eventually, and much like our lawns, require regular attention in order to avoid become overgrown.  Exotic species such as hydrilla, hygrophila, and rotala grow quickly and can spread throughout acres of lake in a matter of months or less.  Such infestations are not only unsightly, but all those weeds are filling up the lake and taking up space meant to hold stormwater runoff.  Floating weeds such as water lettuce and water hyacinth can rapidly cover a lake surface, clogging and even damaging weirs and other outflows.  Excessive growth of vegetation near culverts and drain pipes can slow the flow of stormwater both into and out of the lake, causing backups of the system.  The longer these plants are left to grow unmanaged, the harder the problem is to get under control and the longer it will take.  Large scale infestations need to be treated in stages with regulated wait times between treatments.  This is done in order to not deplete the dissolved oxygen in the whole lake.  The other problem with established infestations is that the plants have had time to mature and grow extensive roots systems.   These root systems allow the plants to re-grow quickly after initial treatments and quite frequently require multiple follow up treatments to bring under control.  Even once treated, the herbicides take time to work and the plants take time to decompose and settle to the bottom.  Unfortunately, tropical storm events do not wait until conditions are best suited to deal with the results.  The best way to make sure your community is protected is to be proactive and maintain your system regularly.  Regular scheduled maintenance ensures that aquatic vegetation is kept at levels that don’t compromise your stormwater system and can potentially avoid costly repairs to its components.  Hurricane season corresponds with the time of year when these plants grow and spread the fastest due to the long, sunny days.  We have learned that being prepared for hurricane season means taking precautions before the storm arrives.  That wisdom should also definitely apply to our first line of defense against flood damage in our communities.

 

Author:  Stephen Montgomery / Senior Biologist

Allstate Resource Management

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.

 

 

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You have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.

You have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.

If you have not properly addressed possible Hurricane Irma damage to your property – the time to do so is now.
Hurricane Irma first made landfall in Cudjoe Key, FL on September 10, 2017, which means you have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.
September 10, 2020 is also the deadline to re-open or supplement a claim that has already been made for damages that occurred as a result of Hurricane Irma.
If you are unsure if your property sustained damage as a result of Hurricane Irma you should ask for an inspection by a qualified contractor, estimator or building inspector to assess whether hurricane-force winds damaged or compromised the roofing system and building envelope. Many companies offer this initial inspection free of charge. Given the complexities of a large loss claim, consider consulting with an attorney experienced in handling commercial insurance claims for condominiums and homeowners associations.
The deadline is fast approaching, so time is of the essence to file your hurricane claim. If you miss the deadline, you will be forever barred from initiating a hurricane Irma claim in the future.
We are available to assist you and connect you with top professionals in the industry to accurately evaluate hurricane damage and submit an insurance claim the right way – today.
At Cohen Law Group, It’s About Justice!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.

(407) 478-4878

 

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IS A COMMUNITY ASSOCIATION RESPONSIBLE FOR THE ACTS OF ITS VOLUNTEERS? by Becker / Robyn Severs

IS A COMMUNITY ASSOCIATION RESPONSIBLE FOR THE ACTS OF ITS VOLUNTEERS? by Becker / Robyn Severs

IS A COMMUNITY ASSOCIATION RESPONSIBLE FOR THE ACTS OF ITS VOLUNTEERS?

by Robyn M. Severs /from Becker

Community associations can be a great place for community involvement. It is always nice to see members get involved and help with operating the association.  However, should the association be concerned about the actions of these volunteers?

An association may be held liable for the acts of its volunteers, depending on the situation. Accordingly, it is important to confirm that the association will be protected if something goes wrong. The association should contact its insurance carrier to ensure that it has insurance for volunteer workers.  If not, then the association should not allow volunteer work without obtaining such insurance coverage.  If there is insurance coverage, you should ensure that the person performing the work meets the definition of a volunteer, per the terms of the insurance policy.  Also, there should be a determination as to what work, damage, and injury is covered per the terms of the policy.  If a volunteer worker exceeds the scope of any covered work, or if the damage/injury is not covered under the terms of the policy, then the association may be exposed to liability.  Obviously, determining the scope of insurance coverage requires a factual and legal review, and the association should seek the guidance of an attorney when determining the scope of insurance coverage.

Additionally, to further assist in limiting any potential exposure to liability, an association should create a list of official duties to be performed by each volunteer and have the volunteer sign a form acknowledging that the association has only authorized the volunteer to perform the duties on the list. Volunteers should not be permitted to engage in potentially hazardous activity or any activity that involves undue physical strain.  In addition, an association should:

  • not allow volunteers to perform any services that require the use of a licensed vendor/contractor or which would require a permit.
  • seek legal guidance on whether a licensed vendor/contractor or permit is required for the work the volunteer will be performing.
  • consider obtaining releases/indemnifications from volunteers performing services for the association.

 

While we understand this may discourage individuals from volunteering, an association has a fiduciary obligation to its members, which could include an obligation to protect the association from potential exposures to liability.  Community involvement is wonderful but protecting the association is paramount.


Robyn M. Severs represents community association clients throughout Florida’s northeast region. She has significant experience representing and assisting condominium and homeowners associations in a wide variety of legal areas, including document review, document drafting, turnover of association control, reserve funding, and maintenance issues. Robyn also handles community association bankruptcy cases and appellate cases that include some notable decisions. Earlier in her career, she served as an Assistant Public Defender for the Tenth Judicial Circuit, and as a Senior Attorney for the Florida Department of Business and Professional Regulation, Division of Real Estate, where she prosecuted cases before the Division of Administrative Hearings, Florida Real Estate Commission and Florida Real Estate Appraisal Board. Ms. Severs is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

Robyn M. Severs

Shareholder / Orlando
tel:904.423.5372
RSEVERS@beckerlawyers.com

 

 

Pandemic Impact Survey by Axela

Pandemic Impact Survey by Axela

Pandemic Impact Survey

by Axela

How are community association financials affected by the pandemic?

Have your community association finances been impacted by the ongoing pandemic? What are communities around the country doing to combat cash flow and delinquency issues that 2020 has brought?

Please take 4 minutes to fill in this survey to share your anonymous feedback on the pandemic impact on your financials. We will be compiling the results to share with all of our readers.

 

 

 

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Has your Condo or HOA Sustained Property Damage? | SFPMA

Has your Condo or HOA Sustained Property Damage? | SFPMA

Do you have Storm Damage in your Building?

SFPMA has a team of Legal Experts, adjusters, estimators and claim specialists for the benefit of the Condo and HOA’s who sustained damage from the storms and fire, water or mold.

With the know-how and experience to negotiate your claim our Entire Team works with One Goal:

“Get the maximum settlement for your damage claim!”

 

PROPERTY DAMAGE

  • Hurricane Storm Damage
  • Water Damage / Floods
  • Fire Damage
  • Mold Damage
  • Roof Damage and Leaks
  • Sinkholes & Earthquakes
  • Property Vandalism and Theft

 

WHAT WE PROVIDE CONDO & HOA’S

  • Property Inspections & Site Analysis
  • Review of your Insurance Policy
  • Damage Report Backing up the Claim
  • Loss Estimates Documentation
  • Negotiation and Settlement with Insurance Companies

 

.

A Claim usually includes inspections, detailed estimates, more inspections, client reviews, negotiating with insurance companies, consulting with insurance company and most importantly, getting you your money as fast as possible.

http://CondoHoaAdjusters.com

Storm Damage Claims for your Condo and HOA Properties!

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Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer by Alexa

Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer by Alexa

  • Posted: Aug 27, 2020
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Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer

by Alexa Mitch Drimmer

We need to work with families in a kinder more gentle way to keep them in their homes and at the same time protect our communities.

Contact Axela Technologies for a free collections analysis Learn more at https://www.axela-tech.com

Watch the Short Video!

Community associations are facing a crisis. High delinquencies and increased costs lead to unstable cash flows for condos and HOAs across America. Axela Technologies offers a solution that will help safeguard your community’s cash flow.

Learn more at https://www.axela-tech.com

 

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The Property Manager’s Guide to Social Distancing by Concierge Plus

The Property Manager’s Guide to Social Distancing by Concierge Plus

The Property Manager’s Guide to Social Distancing

by Concierge Plus

COVID-19 is on everyone’s minds right now, and its impacts will be felt for many months to come.

By talking to property managers across North America every day, we have found what’s working and what’s needed to operate your community remotely and virtually.

COVID-19 has accelerated the shift towards a digital transformation of property management businesses. Our guide will help you better understand how to operate your community remotely and virtually.

Get your free guide now and learn about:

Property Managers Guide to Social Distancing Front Page

  • How to improve communication channels
  • Why technology made specifically for managers is the best solution
  • The 7 things to look for in  resident portal technology

 

 

We have published this guide to help managers and board members better understand how to serve their residents without being physically present.

GET YOUR GUIDE NOW

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Virtual Happy Hour to Benefit the Leukemia & Lymphoma Society by Cohen Law Group  Aug 26th, 2000 5-6PM

Virtual Happy Hour to Benefit the Leukemia & Lymphoma Society by Cohen Law Group  Aug 26th, 2000 5-6PM

  • Posted: Aug 24, 2020
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Virtual Happy Hour to Benefit the Leukemia & Lymphoma Society by Cohen Law Group  Aug 26th, 2000 5-6PM

*Special Virtual Event: Cohen Law Group  Aug 26th, 2000 5-6PM
Please mark your Calendars
If you can not make it to the Event?

Please make a Donation to help

 

Cohen Law Group
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