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WEBINAR: Association Operations During COVID-19 – A Castle Group and Kaye Bender Rembaum, P.L. Webinar

WEBINAR: Association Operations During COVID-19 – A Castle Group and Kaye Bender Rembaum, P.L. Webinar

  • Posted: Jun 02, 2020
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Association Operations During COVID-19 – A Castle Group and Kaye Bender Rembaum, P.L. Webinar

Date/Time
Date(s) – JUNE 4th, 2020
12:00 pm – 1:00 pm

Location
Pompano Beach Office

REGISTER HERE

Castle Group invites you to join episode 4 of Association Operations During COVID-19 with a focus on opening community amenities and morePanelists include Craig Vaughan, Castle Group, President and Michael S. Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, P.L. – Board Certified Attorneys in Condominium and Planned Development Law.

Castle Group invites you to join episode 4 of Association Operations During COVID-19 with a focus on opening community amenities and more. Panelists include Craig Vaughan, Castle Group, President, and Michael S. Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, P.L. – Board Certified Attorneys in Condominium and Planned Development Law.

Register to attend by https://castlegroup.zoom.us/webinar/register/WN_lInnKQ_6QtS3C3qouWz9XA.

 

 

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PPP Loan Forgiveness and EIDL Loans by RMS Accounting & Royale Management Services

PPP Loan Forgiveness and EIDL Loans by RMS Accounting & Royale Management Services

  • Posted: Jun 02, 2020
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PPP Loan Forgiveness and EIDL Loans

by RMS Accounting & Royale Management Services

 

JUNE 3rd, 2020 @9am

Good news, if you missed our recent webinar on PPP Loan Forgiveness and EIDL Loans you’re in luck! The demand for this webinar was so great that we’ve decided to have a second for those who were unable to attend.

Small business owners you don’t want to miss out on this valuable information that could have a big impact on your business.

Sign up for the PPP Loan Forgiveness and EIDL Loans Webinar using the link below:

https://zoom.us/webinar/register/8315904320497/WN_YyMrvspoTkK6tejPRYsENQ

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WE ARE CONTINUING  TO CERTIFY HUNDREDS OF YOU! by Eric Glazer

WE ARE CONTINUING TO CERTIFY HUNDREDS OF YOU! by Eric Glazer

  • Posted: Jun 01, 2020
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WE ARE CONTINUING TO CERTIFY HUNDREDS OF YOU!

Just because we’re stuck in our homes doesn’t mean we can’t get together —- and learn together — remotely – in a safe and fun way.  NO EXCUSES.
Florida law allows the Board Certification class to be taught via a video conference and that’s exactly what we’re doing.
Turn off the news for a few hours and let’s try to have some fun instead. 
 

We have ANOTHER class scheduled:

NEXT CLASS – JUNE 11th, at 6:00 P.M.

If you want to sign up, just provide us with an an e-mail address.  I will then send you a link that you need to click on to start the live seminar.  Make sure to go to: GoTo Meeting
in advance to simply download the program.
Like always……IT’S FREE.
So let’s do this together!

If you want to register, send an e-mail to:

lydia@condo-laws.com

 

Just say you are registering for the class. You will then get a copy of the link to click on before the seminar starts.
After the on-line seminar, you will be e-mailed your certificate and materials.
Let’s make the best of the cards we were dealt.  Let’s get together and do something fun and useful.
In the mean time, our firm and all of the sponsors of the Condo Craze and HOAs radio show wish all of you and your families nothing but good health and good spirits.  We will all get through this in time.
Hoping to see you (on my computer).
Sincerely,
Eric Glazer
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The Property Manager’s Guide to Social Distancing

The Property Manager’s Guide to Social Distancing

  • Posted: Jun 01, 2020
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The Property Manager’s Guide to Social Distancing

by Concierge Plus Inc.

The COVID-19 crisis has presented new and unique challenges for everyone. As with past disruptions, technology will be a key part of the solution for businesses to survive this crisis and thrive in a “new normal” environment. 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.))
This is the)only)guide published for property/association managers and board members with best practices, tips and tricks on social distancing
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Gyms in your Building:  Will owners use it?

Gyms in your Building: Will owners use it?

Gyms in your Building: Clean the Equipment in your Fitness Centers!
Will owners use it? Funding it with condo funds? What you will need with Development? Expert advice? upkeep and questions?

 

We spoke with Commercial Fitness Products, and its

Owner Richard Wasserlauf
5034 Hiatus Road
Sunrise, Florida 33351

 

I can think of a building we worked on a short time ago bringing a new designed fitness facility in their condo.

The committee figured they’d be able to pay that money back to the reserve in five years, assuming 25 percent of the building’s residents would join. (“It was guesswork,” says Richard.) They charged a one-time sign-up fee of $300 and $250 per year for the first person in a unit and $150 for each additional unit resident.

“They paid it back in less than two years,” says Richard. Sixty-five of the building’s 100 units belong to the gym—84 residents altogether. The early success enabled the committee to cut the yearly fee in half, to $125. “They still covered operating costs,” says Richard, “and allocate about $3,000 a year for equipment replacement—which hasn’t been necessary yet—and continue to contribute $2,000 to $3,000 a year to the reserve fund.”

The Building, a 27-story, 156-unit cooperative in Manhattan is a success story. working with developers and board members, helped get the gym project done, converting a 500-square-foot room in the basement into a gym with a budget of a mere $30,000 taken from the reserve fund. Residents pay $225 per year for membership.

“The gym has about 100 members today,” says Richard. “We’re well ahead of the game. The membership dues more than replenishes the reserve that we took out for it, and pays for the upkeep.” he adds that, “The building has a healthy turnover of apartments and 90 percent of new buyers join the gym.”

 

Building the Gym

Buying workout equipment is the easiest part of the build-out. “A lot of people think they are going to take the bike room, put equipment in it, paint the walls, and call it a day,” observes Richard Wasserlauf, Owner of Commercial Fitness Products, a leading gym equipment retailer. “In Sunrise Florida, that is not going to cut it.”

The first thing you need to need to consider, advises Richard, “is what construction and code obstacles you might need to overcome to pull the project off.” Potential problems include open asbestos, lead paint on the walls, mold or fungus problems, and particularly in basement spaces, pipes that sweat in the summer. Basement spaces also have the issue of exposed pipes, conduits and drain lines. As older buildings replace systems, they often leave old piping, electrical conduits and phone lines in place. Each should be tested and removed if inactive.

HVAC is perhaps the most important system in the facility. To meet city code, the gym space must have 15 percent fresh air flowing into the space. If the proposed space for the gym is not already equipped with central air conditioning, ducting will need to be installed if the room does not have a window. If there is a window, you need to install a unit with adequate power.

“You’re looking to maintain 68° year round—that often means running a cooling system practically year round,” says Richard, both for safety and comfort—to keep members coming back to the club. If there is any sort of landing or ledge outside the window on which to set a compressor, Heidings recommends a split system, available for around $2,000.

Another important code issue with which the gym room must conform is egress—providing a clear and unencumbered path out of the room if there is an emergency such as a fire or loss of power.

 

 

Bring in a Pro

To get a clear and objective evaluation of the condition of the room, and to get an idea of the construction costs entailed, it’s best to consult an architect right up front, says Richard. “If you find that your construction costs are very high, you may just say this is just something we cannot afford right now—or ever,” unless or until there is a more suitable space available in the building.

Some of the major design challenges is inclusion of light. Most often spaces designed for this purpose are in basements or underutilized rooms, and may not have natural light to make the space breathable. Lighting design, therefore, becomes very important. Many gyms find that fluorescent in fixtures aimed upward to soften the light are an effective and inexpensive alternative to high-end lighting.

You should also note if the floor has adequate space and structural capacity for both the equipment and the occupants, he says.

Another element to consider, say the designers, is noise—both kinds: vibration caused by things like treadmills, which primarily travels vertically downward; and audible, like the clanging and dropping of weights or the thumping of runners. A thick rubber floor like the ones commonly used in commercial gyms addresses both. Rubber flooring for a 600-square-foot gym costs around $5,000, say the pros.

A particularly pernicious vibration problem can be solved by laying a floating floor on top of the existing and then putting rubber over that, plus sealing and caulking every edge of the space as well as every pipe intrusion and structural column. A dropped ceiling filled with insulation will keep noise from traveling upward. In luxury condominiums, “Rubber flooring comes at different price points. some have the capability to deliver custom colors and complement the upholstery on the equipment.

The gym must have mirrors on approximately half the wall space in the gym, corresponding to the placement of the stretching/ab area and the apparatus. The price range for mirror panelling is typically from $3,000 to $5,000. Lastly, a computerized electronic lock on the door not only keeps the room secure, but keeps track of who is in the room and when, in case anything is damaged or stolen. Plastic keycards, which can easily be passed around to non-member residents, have been replaced by palm or fingerprint scanners, available for under $1,000.

 

Layout and Design

A well thought-out private gym provides a full-body workout, which includes warm-up, stretch, cardio, strength training and cool-down. According to Commercial Fitness Products, cardio equipment will generally be the most used. A 500-600-square-foot gym will typically have two treadmills (approximately $2,000 each), two elliptical machines ($1,500 each), a recumbent bike ($2,000), an upright bike (under $2,000), a multi-station weight apparatus (around $5,000) and at least two racks of free weights and two benches (under $1,000). A popular, fabulously versatile new apparatus is the functional trainer (around $3,500), which uses two adjustable-height and width pulleys attached to individual weight stacks and offers a wide range of exercises.

The gym above, containing all commercial grade brand-name equipment, including delivery and installation, should come to about $30,000 plus tax. .

It’s important, says Richard, to decide what’s necessary and what’s not. For example, consider whether adding a shower/locker room is essential. Perhaps residents would prefer using their own apartments for that function rather than the in-house gym, where maintenance could prove expensive or difficult. Other concerns are consulting with an attorney and insurer on liability issues, and making sure the facility is secure using safety-conscious materials and products.

Building insurance almost always covers injury and mishaps in the gym (just as it does in the laundry room), as long as no one under 16 is allowed admission. No additional policy is usually required—though of course it’s wise to double-check with your building’s insurance carrier to make absolutely sure.

The life span of equipment in a gym varies from piece to piece in a co-op or condo gym, conservatively, treadmills can be counted on to last about five years, elliptical machines about seven and bikes about 10. Weight machines last indefinitely, requiring only occasional reupholstering and replacement of pulleys and cams. Regular professional maintenance will help extend the life of all the equipment. Contracts, usually costing around $1,200 a year, include inspection, adjustment and lubrication of all moving and mechanical parts.

In addition to quarterly maintenance visits, the room has to be cleaned every day. This is typically done by existing building staff, the chore includes wiping down all the equipment with disinfectant, vacuuming the floor, emptying the garbage and cleaning the bathroom if there is one.

Adding TV screens to each of the six cardio pieces above would add at least $6,000 to the cost of the package. Richard says about half the gyms he equips go without any TVs at all to save on cable bills, figuring people bring their iPods for entertainment. Some have just two BestBuy or Costco-bought flat screens on the wall, using their speakers to produce the sound. Other more extravagant buildings spend tens of thousands on individual touchscreens with wireless internet as well as cable TV.

 

 

You’ve Built It: Now Make Sure They Come

In order to let residents know that their new gym is open and fully operational, “Do as many kickoff events as you can,” Richard advises. “You’ve got to get a lot of energy down there.” As soon as the gym is finished, do a wine and cheese ribbon-cutting ceremony. Later on, bring in a trainer to lead several training sessions for four or five shareholders at a time.

“The building can offer regularly scheduled yoga, stretch and pilates mat classes, because while yoga studios that offer classes without membership abound in Florida, “there are very few places people can go to take pilates classes without joining an expensive gym.

Yoga and pilates classes can generate a modest extra income for the building—and at the same time help keep shareholders and tenants healthy. we’ve just begun a Fitness After Fifty program that seems to be going well.” geared to the older owners.

The bottom line is that not only can a well-designed, well-maintained gym facility add value to your building, it can help boost community spirit as residents bond over the iron, and it helps keep your owners and shareholders healthy. And that’s a winning equation.

 

amen_Fitness_Room-CardioCall for all of your Fitness needs, Throughout South Florida.
Find out more about:
Commercial Fitness Products
Richard Wasserlauf
Address: 5034 Hiatus Road
Sunrise, Florida 33351
Phone: 954-747-5128
Fax: 239-938-1462
E-Mail: SALES@COMMFITNESSPRODUCTS.COM
Web: http://www.commfitnessproducts.com

And Find us on the

Find-A-Service Directory on SFPMA.COM

https://sfpma.com/listing/commercial-fitness-products/

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HOT TO GET THE VOTE- There are two methods of obtaining the votes. by Kaye Bender Rembaum

HOT TO GET THE VOTE- There are two methods of obtaining the votes. by Kaye Bender Rembaum

  • Posted: May 29, 2020
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HOW TO GET THE VOTE – There are two methods of obtaining the votes.

by Kaye Bender Rembaum

Your association’s board has worked for six months to amend and restate the association’s governing documents, including the declaration, articles of incorporation, bylaws, and even the rules and regulations. The board has met with the association’s lawyer on several occasions, reviewed and provided comments on multiple drafts, and even arranged for multiple meetings with the membership to solicit comments and generate enthusiasm. There are two methods of obtaining the votes. The first is to notice a meeting of the members and use proxies for those who cannot attend. The other is to use, the often neglected, but still effective, written consent in lieu of a meeting process.

The time is finally come – the notice package to be sent to the members is in the mail. A week goes by, and very few proxies are returned. Worse still, on the night of the membership meeting, where it is hoped that the amended and restated governing documents will be approved, only several owners personally attend. Needless to say, not only are there an insufficient number of votes, but there isn’t even a quorum. What is the board to do?

All is not lost, and there is still plenty of time to solicit the necessary member votes so long as the meeting for which the proxies were intended is not concluded. Once the membership meeting is concluded, any and all proxies die an immediate death! But, if the membership meeting is continued to a “time, date, and place certain” then, all of the proxies continue to live for 90 days from the date of the meeting for which they were initially intended.

 

If a quorum is attained, but not the number of necessary votes, then, any member in attendance can make a motion to suspend the meeting to a time, date, and place certain, so long as the meeting is resumed within 90 days of the date of the initial meeting. Then, the motion should be seconded. A vote of those in attendance, in person or by proxy, should follow such that the majority cast their vote in favor of the continuance. If neither a quorum is attained, nor the number of necessary votes, then the one item of business that can occur, even without a quorum, is a motion to continue the meeting to a “time, date, and place certain.” Again, the motion should be seconded and a vote of those in attendance, in person or by proxy, obtained.

This “continuance” process can be used as many times as necessary, so long as 90 days from the date of the initial meeting have not expired. Once the 91st day is reached, then all of the proxies are as good as dead. Because the meeting is continued, there is no need to re-notice the meeting each time it is reconvened. However, minutes should be taken so that there is an accurate record.

When describing the continued meeting in the minutes, the word “adjourned” could be interpreted to mean that the initial meeting concluded or it could be interpreted to mean that the meeting was continued, therefore it is advisable to not use the word “adjourned” in the minutes to reflect that the meeting was continued. If the meeting is continued, then use the word “continued.” This will avoid any confusion whatsoever.

Remember, too, that a “general proxy” allows the proxy holder to vote as they so choose, while a “limited proxy” directs the proxy holder to vote as the giver of the proxy instructs.

Utilization of the written consent in lieu of a meeting process will fully avoid the need to have the membership meeting but will still require that the necessary votes are obtained within 90 days. The written consent in lieu of a meeting process is described in Chapter 617 of the Florida Statutes, more commonly known as the “Florida Not For Profit Corporation Act,” and not Chapter 720, Florida Statutes, more commonly known as the “Homeowners’ Association Act.”

Unless otherwise provided in the articles of incorporation, an action required or permitted by the Florida Not For Profit Corporation Act to be taken at a meeting of members may be taken without a meeting, without prior notice, and without a vote if the action is taken by the members having at least the minimum number of votes necessary to authorize the action.

To be effective, the action must be evidenced by one or more written consents describing the action taken, dated, and signed by approving members having the requisite number of votes and entitled to vote on such action, and delivered to the association.

Written consent to take the action referred to in the consent is not effective unless the consent is signed by members having the requisite number of votes necessary to authorize the action within 90 days after the date of the earliest dated consent. Importantly, within 30 days after obtaining authorization by written consent, notice must be given to those members who are entitled to vote on the action but who have not consented in writing. The notice must fairly summarize the material features of the authorized action. Remember, too, that once the necessary written consents are obtained, there should be official recognition of such approval by the board.

Both the proxies and written consents constitute official records of the association and therefore should be stored with the official records of the association.

 

 

 

 

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Happy Hour with Cohen Law Group to benefit the Make-A-Wish Foundation a Charity Event/Virtual Happy Hour/Harvey Q & A on Wed., May 27, at 5pm. 

Happy Hour with Cohen Law Group to benefit the Make-A-Wish Foundation a Charity Event/Virtual Happy Hour/Harvey Q & A on Wed., May 27, at 5pm. 

  • Posted: May 25, 2020
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Happy Hour with Cohen Law Group to benefit the Make-A-Wish Foundation

Cohen Law Group and several other organizations will host a Special Event.

Charity Event/Virtual Happy Hour/Harvey Q & A on Wed., May 27, at 5pm.

MAKE A DONATION

REGISTER FOR THE EVENT

 

We challenge your organizations and business to step up and join us to raise money for the amazing Make-A-Wish Foundation!
Fun Facts-
•Harvey will match donations raised during the event up to $5000.
•Pre-register attendees from your organization
•Live donation and donor acknowledgement during event
•Entertaining Games, Contests and Prizes
•Your organization logo marketed on flyer in blasts
•Guaranteed to be a lively event while Making Wishes come true!
We are looking for organizations, businesses and sponsors to participate and market the event to your contacts, members and employees. We will create marketing materials you can distribute.
If you would like to participate, we ask that you do the following-
· Market Event to your contacts, CO-workers, family, friends.
· Participate in Event
· Donate Raffle Prizes – gift cards from your business or Visa, MC or American Xpress, etc. Free 1 year membership to your organization, etc.
· Optional- Match funds up to a specific dollar amount like Harvey!
· Email your logo, your contact information and Raffle Prize, etc. if you wish to participate.
*One of our contests will be Team Tally- Tag-A-Friend or Tag-A-Coworker- Whoever tags and gets the most participation from their organization wins a prize for themselves as well as the entire organization!
SFPMA – for a lucky company SFPMA has donated a Full Lifetime Company Listing and a Full Page of Advertising in our FLORIDA RISING MAGAZINE for one year.  (Let us help you get noticed in the industry)
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Events Calendar can now be viewed in a List Format

Events Calendar can now be viewed in a List Format

  • Posted: May 25, 2020
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We have been asked if we have a Monthly List of all events, We have added this Data from our Calendar.

Clients can now use the navigation bar’s drop down under the Events Section to find  > MONTHLY EVENTS CALENDAR (LIST VIEW)
  • Members can send us events to be added each month, let us help you by informing our industry of educational events. Access the Members Portal when you sign in where you can Add Articles, Add Events, Make Changes to your Listings, and other actions.  We are currently working on Sales and Specials for members to send to us, this is being integrated into our platform and directory pages. Clients, Board members and managers will be able to find sales from our members saving them money before they select a company to hire…..

WEBINAR: CONDOMINIUM ASSOCIATION BOARD MEMBER CERTIFICATION MAY 27, 2020

WEBINAR: CONDOMINIUM ASSOCIATION BOARD MEMBER CERTIFICATION Date/Time Date(s) – 2020-05-27 1:00 pm – 3:00 pm Location Pompano Beach Office REGISTER HERE Join our own Andrew Black, Esq., a Board Certified Specialist in Condominium and Planned Development Law, online for distance learning with the Condominium Association Board Member Certification Course. This provides CE credit for CAMs and fulfills state requirements for Condo Association Board Members. Course Number: 9630075 | Provider Number: 0005092 Two (2) CEU’s in IFM or ELE Note: This webinar is limited to the first 100 to register.

 

ADVANCED BOARD MEMBER TRAINING

ADVANCED BOARD MEMBER TRAINING Date: Thursday, May 28, 2020 Time: 12:00 pm – 2:00 pm Location: https://zoom.us/, Zoom.com How to prepare for and conduct a meeting. Myths about Robert Rules of Order Agendas, Minutes, and More Provider: 0007237 Course: 9629074 Instructor William and Susan Raphan Credit Information 2 Hours Manager Continuing Education Elective Credits

 

Condo Craze & HOAs HOSTED BY – ERIC M. GLAZER, ESQUIRE SUNDAYS AT 11:00 a.m. ON 850 WFTL

Condo Craze & HOAs HOSTED BY – ERIC M. GLAZER, ESQUIRE SUNDAYS AT 11:00 a.m. ON 850 WFTL May 31, 2020 @ 11:00 am – 12:00 pm Condo Craze & HOAs HOSTED BY – ERIC M. GLAZER, ESQUIRE SUNDAYS AT 11:00 a.m. ON 850 WFTL The show is streamed live on the web at www.850wftl.com and on your mobile device. Presents a forum for Board members and owners to tell their side of the story. The show randomly has guest speakers who are experts on the daily problems associations encounter. All issues that our associations encounter each day are proper topics for discussion. Expect to hear from politicians, Board members, owners, tenants, community association managers, developers, community association accountants, construction industry personnel and other government officials. Listeners call in and ask questions of attorney Eric Glazer and his legal team as well as any guest present. Eric has been practicing association law since 1992, and his firm Glazer and Associates has represented associations and unit owners throughout the state. There is lots of great discussion and we have certainly had some screaming and yelling, not unlike your typical Board meeting. However, at the end of each show, our listeners come away with a greater understanding of the law and hopefully an appreciation of the various sides of this ongoing debate.

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Property Management and Social Distancing by Concierge Plus Inc.

Property Management and Social Distancing by Concierge Plus Inc.

  • Posted: May 25, 2020
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Property Management and Social Distancing

by Concierge Plus Inc.

COVID-19 has presented new and unique challenges, such as social distancing, which is having a profound effect on the property management industry. The pandemic has accelerated a digital transformation of property management operations, and this is a sharp wake-up call for managers who must be prepared to operate remotely and virtually in a ‘new normal’ environment.

What makes the COVID-19 virus outbreak challenging, is the fact that property management is a ‘people’ business. How do managers keep their staff on the same page when they can’t even be in the same room? How do they get closer to their clients when social distancing keeps them from getting within six feet of them? The solution is to use technology made specifically for the needs of residential property managers. By utilizing communication and tracking tools available in property management platforms, managers can maintain a strong and cohesive operation.

Property managers have two primary responsibilities: to carry out policies set by the board and to manage the community’s daily operations. However, now, residents see managers as trusted advisors and their expertise is being used to guide communities through the pandemic.

The following are a few options to consider as you work to reduce risk in your community.

 

Communication

Communication during crisis situations is crucial and a resident portal is an instrumental channel for managers to effectively communicate with ­­residents. Residents expect to be kept in the loop with important information and welcome the opportunity to have a say with regards to important topics. Managers can use the resident portal to ensure residents are apprised of the latest information. This can be done by sending out announcements on how they are managing the outbreak.

With our Announcements solution, you can create, edit, and distribute announcements easily and effectively by email, text message (SMS) or automated phone call. You should also consider broadcasting announcements via display screens strategically placed in the lobby, and within elevators to maximize the effectiveness of audience engagement.

 

Record keeping

HOAs and condominiums are required to provide access to important documents in the form of document inspection requests, a common practice that will continue even during this pandemic. We expect COVID-19 to affect the normal course of business throughout 2020, especially as we practice social distance and handling physical materials.

Managements should consider uploading community documentation to their resident portal. Using our simple drag-and-drop system, you can upload and distribute documents such as board minutes, forms, by-laws, floor plans, photos, and videos. Permission-based controls allow management to determine exactly who sees what.

 

Amenity bookings

As cities throughout North America gradually gear up for reopening and ease some COVID-19 restrictions, there are proactive measures and legal concerns communities might want to think about when it comes to managing and maintaining amenities like pools and fitness rooms.

We expect residents to no longer be able to use a pool or fitness room without a reservation due to social distancing. Residents will have to reserve an amenity for any available time slot and should receive scheduled reservation notifications.

 

Digital future

With our platform you can streamline the management of amenity bookings with an easy-to-use online form. Email updates are sent automatically when a request is approved or updated. Your residents will love being able to see a detailed list of common amenities as well as a calendar view of their availability. You can even accept online payments for bookings by credit card.

Many property managers have already realized the benefits of running their business on our cloud-based property management platform built with automation at its core. They are using our platform to collect online payments, communicate instantly, support dispersed teams and much more.

It is important to understand that even after the ‘end’ of the coronavirus pandemic, COVID-19 is going to have a lasting impact on how managers and residents communicate for a long time to come. Managers must therefore get ahead of the inevitable digital future of communication within property management.

 

To help property managers and associations navigate these issues, we created a webinar specifically relating to COVID-19. Entitled “COVID-19 and Technology: Resident Communications, Virtual Meetings, and Electronic Voting,” we invited experts in the field of property management technology to give helpful tips and advice for successfully managing a property remotely and virtually in a ‘new normal’ environment.

 

 

 

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PALM BEACH & BROWARD COUNTIES RELEASE NEW OPENING ORDER PROCEDURES AFFECTING COMMUNITY ASSOCIATIONS by Kaye Bender Rembaum

PALM BEACH & BROWARD COUNTIES RELEASE NEW OPENING ORDER PROCEDURES AFFECTING COMMUNITY ASSOCIATIONS by Kaye Bender Rembaum

  • Posted: May 21, 2020
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PALM BEACH & BROWARD COUNTIES RELEASE NEW OPENING ORDER PROCEDURES AFFECTING COMMUNITY ASSOCIATIONS

by Kaye Bender Rembaum

To further address the re-opening of both Palm Beach and Broward Counties new Orders have been issued and are already in effect. Links to each new order are located below this article. In all instances, social distancing and wearing of masks when in public is still advised.

Has your association considered adopting new rules consistent with social distancing policies and wearing of face masks when members are in common areas and common elements? Discussion with your association’s attorney is warranted when preparing such rules for board adoption.

Remember too, so long as the State of Florida remains under a State of Emergency as declared by the Governor (due to expire July 7), the statutory emergency powers remain available to community associations which includes the power to close amenities when based upon the advice of licensed professionals or emergency management officials. With that in mind, after consultation with the aforementioned licensed professionals or emergency management officials, amenities can be closed. Moreover, there is no obligation to open amenities if the board believes, that in its reasonable business judgment, doing so would create an unsafe condition and/ or if compliance with local, state, and federal orders cannot be met.

Our comments to assist your understanding of each of these orders are provided in red text. Stay safe!

 

PALM BEACH COUNTY – ORDER 2020-07

In addition to addressing other re-opening directives, Palm Beach County Order 2020-007 addresses tennis courts, swimming pools along with other amenities. It became effective May 18, 12:01 am.

 

TENNIS COURTS:

Applies to Community Associations

Tennis and outdoor racquet facilities may reopen, and doubles play is permitted, provided that CDC Guidelines, including all social distancing guidelines, are adhered to. In addition, the following restrictions shall apply:

  1. No congregating on the court or sidelines is permitted.
  2. Locker room and shower facilities shall remain closed. Restrooms must be cleaned and disinfected regularly throughout the day. Soap and water or hand sanitizer and/or disinfectant wipes shall be provided in each restroom.

  3. It is the responsibility of staff or management to ensure compliance with this order.

  4. Tennis instruction may be conducted on an individual basis where strict social distancing is followed.

 

COMMUNITY POOLS:

Applies to Community Associations, and while the requirement for on-site supervision is removed, the association is still responsible to ensure compliance!!!

  1. For purposes of this Order, “Community Pools” are defined as any and all pool decks and/or pools, whether of a commercial or noncommercial nature, other than one located on a single family residential lot, a single townhouse unit, or any part of a duplex lot, and which is utilized only by inhabitants of that lot or unit. Examples of Community Pools include, but are not limited to, hotel pools, motel pools, apartment building pools, homeowner association pools, condominium association pools, aquatic centers, or any other facilities that are authorized for use by more than one family.​
  • Community Pools may reopen provided that CDC Guidelines, including all social distancing guidelines, are adhered to. In addition, the following restrictions shall apply:​

  • a. Pool capacity shall be limited to ensure that social distancing in accordance with CDC Guidelines is maintained at all times.

    ​b. Locker room and shower facilities shall remain closed. Restrooms may remain open and shall be cleaned and disinfected regularly throughout the day. Soap and water or hand sanitizer and/or disinfectant wipes shall be provided in each restroom.​

    c. Pool deck seating or lounging shall be restricted to ensure social distancing in accordance with CDC Guidelines.

    d. Staff that is authorized to manage the Community Pool, or their designee, including, but not limited to, Community Pool staff, management company staff, volunteers, board members, or any other authorized persons, shall provide notice, either electronically, by mail, and/or by posting at the Community Pool or any other place where messages are traditionally posted, one or more notices indicating that all users of Community Pools shall abide by any and all social distancing guidelines, including, but not limited to, the CDC Guidelines, and that said users of Community Pools bear the responsibility of such compliance and assume the full risk of utilizing the Community Pools.

    e. Staff that is authorized to manage the Community Pool, or their designee, including, but not limited to, Community Pool staff, management company staff, volunteers, board members, or any other authorized persons, shall ensure compliance with all guidelines and requirements set forth in this Order. Such compliance may be accomplished by any reasonable means, including, but not limited to, periodic spot checks, video or other electronic monitoring, and/or compliance hotlines to allow for reporting of violations that are thereafter promptly investigated. In the event that repeated violations occur, staff authorized to manage the Community Pool, or their designee, shall take corrective action, including, but not limited to, closing the Community Pool, limiting access to the Community Pool on a reservation basis only, and/or limiting access to Community Pools to times when staff is present to monitor for compliance.​

    [Emphasis Added]

     

    RESTRICTION OF RECREATIONAL ACTIVITIES IN PUBLIC PARKS, PRIVATE PARKS, AND NATURAL AREAS:

    While not directly applicable to community associations, this section does provide limited guidance as to how similar amenities are being treated by local government.

    1. All park playgrounds, play and exercise equipment shall remain closed.

    2.  Picnic pavilions shall remain closed.

    3.  Use of water fountains is prohibited.

    4.  Basketball courts may be open.

    1. Tennis, racquetball, and pickleball courts may be open.
  • Recreation buildings and gymnasiums may reopen subject to 50% capacity limitations and social distancing guidelines included in State of Florida Office of the Governor Executive Order 20-112 and related subsequent orders.

  •  

    In addition to addressing other re-opening directives, Palm Beach County Order 2020-007 addresses tennis courts, swimming pools along with other amenities.

    It became effective May 18, 12:01 am. Find it HERE or copy and paste this link into your browser:

    https://kbrlegal.com/wp-content/uploads/2020/05/PBC_EO-7-with-attachment.pdf

     


     

    BROWARD COUNTY ORDER 20-10

    Broward County Order 20-10 addresses re-opening community rooms, fitness centers and gyms in housing developments (i.e., community associations) and re-affirms prior pool re-opening mandates. The order went into effect May 18th at 12:01 am.

     

    Attachment 6: COMMUNITY ROOMS, FITNESS CENTERS, AND GYMS IN HOUSING DEVELOPMENTS

    No community room, fitness center, or gym is required to be opened if the housing development does not wish to do so or believes it cannot do so safely and in full compliance with the requirements of this Emergency Order; any decision by a particular housing development is also subject to any applicable internal rules or regulations of that entity.

     

    A. Capacity Requirements

    1. Maximum 50% occupancy. Social distancing requirements do not apply to members of the same household.

    1. Community rooms, fitness centers, and gyms shall be limited to residents of the housing development only. No guests shall be allowed.
    2. Exercise machines, equipment and tables must be rearranged and/or closed for use to ensure at least 6 feet of distance between patrons using such machines, equipment, or tables. Social distancing guidelines provided by the CDC shall be adhered to at all times.

    3. No gatherings or multi-player games (e.g., mahjong, poker, etc.) are permitted in the community rooms between persons who do not reside in the same household.

     

    B. Sanitation and Safety Requirements

    1. Before reopening, the community room, fitness center, or gym (as applicable) must be thoroughly deep cleaned, disinfected, and sanitized. After opening, community rooms, fitness centers, and gyms must be deep cleaned daily.
  • Housing developments shall provide disinfecting wipes, and residents shall be required to wipe down each machine they used after each use.

  • Hand sanitizer shall be available at the facility. Patrons must be informed that they must sanitize their hands when entering the gym and prior to utilizing each piece of equipment.

  •  

    C. Gym and Fitness Center Amenities

    1. Hot tubs, saunas, steam rooms, and shower facilities shall remain closed.

     

    Section 9: Public Community Pools and Private Club Pools.

    Recreational Pool Amenities as defined in Emergency Order 20-08 that were permitted to operate under that order are excluded from the scope of this Emergency Order and may continue to operate subject to the CDC Guidelines and the requirements of Emergency Order 20-08.​  For your ease of reference as per Broward Order 20-08 these include, “pool decks or pools in multi­ family housing developments, condominium developments, condominium hotels, or single-family homeowner associations (collectively, “housing developments”) provided the pool deck and pool are used only by current residents of the housing development; six (6) foot social distancing CDC guidelines are adhered to; pool deck and pool occupancy are limited to no greater than 50% capacity; and either:​

    (a)   the use of the pool deck and pool are supervised by a sufficient number of employees or other person(s) designated by the housing development during the hours in which they are used to ensure compliance with the requirements of this section, and employees or other designees of the housing development sanitize the facility’s pool chairs, railings, gates, tables, showers, and other equipment at the pool and pool deck on a regular basis; or​

    (b)    all furnishings are removed from the pool deck.

    Any use of pool decks or pool areas that deviate from the CDC Guidelines or these requirements remain prohibited.”​

     

    Broward County Order 20-10 addresses re-opening community rooms, fitness centers and gyms in housing developments (i.e., community associations) and re-affirms prior pool re-opening mandates.

    The order went into effect May 18th at 12:01 am. Find it HERE or copy and paste this link into your browser:

    https://kbrlegal.com/wp-content/uploads/2020/05/Broward_EO-20-10-with-att6.pdf


     

    The Kaye Bender Rembaum Team Remains Available To You and Your Community Association.  Please be Safe. 

    1200 Park Central Boulevard South,
    Pompano Beach, FL. Tel: 954.928.0680

    9121 North Military Trail, Suite 200,
    Palm Beach Gardens, FL. Tel: 561.241.4462

    1211 N. Westshore Boulevard, Suite 409,
    Tampa, FL. Tel: 813.375.0731

     

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