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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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    Why Does Bad Debt Happen In Community Associations? by Mitchell Drimmer of Axela

    Why Does Bad Debt Happen In Community Associations? by Mitchell Drimmer of Axela

    • Posted: May 21, 2020
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    Why Does Bad Debt Happen In Community Associations?

    by Mitchell Drimmer of Axela

     

    In your Condo or HOA you are going to have delinquencies every month in good times and bad times. These are bad times and the delinquency rate is only going to increase to levels where hard choices by the board of directors need to be made, If Action is not taken!

    What is an Average Delinquency Rate?

    In normal times CAI (Community Association Institute) estimates that delinquencies fall between 5%-8% but these are not normal times. With the ravages of Covid-19 and the ensuing economic downturn, we can expect delinquency rates to go as high as 35% in some community associations.

    What Happens to a Community with High Delinquencies?

    It is no secret that the lion’s share of the revenue for community associations comes from the assessments that are paid for by the members of the Condo or HOA. So any cash shortfall is going to place a burden on the entire community. Employees need their salaries, vendors want to get paid, supplies need to be purchased, it costs money to keep a Condo or HOA property running.

    So what is to be done if the community has more bills to pay then money in the bank because the owners did not pay their assessments? Hard choices need to be made and attitudes must be adjusted. It all starts from the top and boards of directors of community associations must come to the realization that they have been elected to manage a business. Just like any business there are the leaders of the association and understand that everybody needs to do their part each month to keep the lights on.

    Homeowners Should Prioritize Payment of Community Assessments

    Another attitude adjustment must come from the owners. Some members of Condos and HOAs sometimes feel that their least important financial obligation is to the community which houses them. While it may be true that units are purchased, an important part of the covenant the association has with the members is that they will pay for the maintenance of the association. So even when hard times come, and for sure they are here, the members need to continue to pay their fair share.

    It is all too common that the HOA maintenance bill is at the bottom of a member’s pile of bills and it’s the last one to be paid. If by the time the member gets to that particular bill, there’s not enough money to cover the payment, it may not get paid at all. Other bills get paid first like credit cards, car loans, utilities, and such.

    Yet your most important bill might very well be the community association assessments. The neighborhood that you live in needs to keep the streets safe, services like garbage collection kept up, and the facilities running, not to mention life-safety issues like fire alarms and security.

    Boards of Directors Have a Fiduciary Duty to the Welfare of the ENTIRE Community

    Members of HOAs and Condos live among the elected leadership of the community and have the ability to watch as the board governs the association. This familiarity may be the cause for some owners to consider their obligations to the community less compelling than a utility bill. One does not expect a neighbor to send another neighbor into collections.

    This should never be the case because by not sending in a delinquent owner into collections a board of directors is NOT being good neighbors. They are enabling the delinquency, which will snowball into a larger cost that may not be recoverable. Then the association has to take more serious actions and foreclose on a property and put a family out of their home.

    Bad debt happens to associations who will not communicate to an owner that non-payment is not an option and owners who do not understand that this is a bill that needs to be paid.

     

     

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    Upcoming Events for the week of May 18

    Upcoming Events for the week of May 18

    • Posted: May 21, 2020
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    Upcoming Events for the week of May 18-23

    You can View the events on our Calendar

     

    ASSOCIATION CONTINUITY and OTHER COVID-19 CONCERNS: Episode3

    Thursday May 21, 2020
    12 Noon – 1:00pm
    Castle Group’s Craig Vaughan and Attorneys Michael Bender & Jeffrey Rembaum bring you this event.

     

     

     

    BOARD CERTIFICATION FOR CONDOMINIUMS, COOPERATIVES AND HOMEOWNERS’ ASSOCIATIONS

    May 21 @ 12:00 pm – 2:00 pm
    Learn the basics of Fiduciary duty, financial reporting and budget preparation, meetings and meeting notices, elections, fraud prevention, and much more! Enjoy a fun class while at the same time fulfilling the State’s Board Member certification requirements.
    Provider: 0007237 Course: 9626870
    Instructor: William and Susan Raphan / Katzman Chandler

     

    Condo Craze & HOAs HOSTED BY – ERIC M. GLAZER, ESQUIRE

    SUNDAYS AT 11:00 a.m. ON 850 WFTL

    May 24 @ 11:00 am – 12:00 pm

     


    Become a Licensed Property Manager

    Online Courses for Licensing can be completed while your at home.

    This might be a great time to Take your online Testing and become a CAM

    CAM License Courses and Board Members Certification in Florida

     

     


     

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    Bay Area Pressure Cleaning, LLC is excited to help promote and support ‘Move for Hunger’ Pasco County’s Families in Need – Drive Thru Food Donation! Monday, May 25th

    Bay Area Pressure Cleaning, LLC is excited to help promote and support ‘Move for Hunger’ Pasco County’s Families in Need – Drive Thru Food Donation! Monday, May 25th

    • Posted: May 20, 2020
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    Bay Area Pressure Cleaning, LLC is excited to help promote and support ‘Move for Hunger’ Pasco County’s Families in Need – Drive Thru Food Donation! Monday, May 25th

     

    Bay Area Pressure Cleaning, LLC is excited and proud to be partnering with Florida Main Movers, INC to help promote and support ‘Move for Hunger’ Pasco County’s Families in Need – Drive Thru Food Donation!

    All donations will go to Florida Food Force, Inc – a local food bank located in Odessa to help feed our local families in need amidst the pandemic.

    Our team will be practicing social distancing by allowing cars to simply drive thru, and pop their trunks!

     

    We will be collecting all non-perishable food donations on Sunday, May 31st in the parking lot of ‘The Columbian’ located at 5850 Farrell Way, Port Richey, FL 34668 from 9am – 5pm!

     

    Starting Monday, May 25th Bay Area Pressure Cleaning, LLC will gladly be picking up non-perishable food donations after 5pm from those of you who would like to donate but are unable to make it to the drop-off location. Please text or call 727-877-4222 or send us a message with your address to arrange a donation pick-up!

    If you have any other questions regarding this event you may also reach out to Florida Main Movers, Inc at 813-863-5177!

    Our community needs us! Even the smallest donation can make a big difference to a family in need. We’re all in this together!

     

     

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    FLORIDA RISING MAGAZINE: A New Issue Has Been Published  MAY 2020

    FLORIDA RISING MAGAZINE: A New Issue Has Been Published  MAY 2020

    • Posted: May 15, 2020
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    A New Issue Has Been Published  MAY 2020

    May 15, 2020

    Dear Reader,

    A new issue of Florida Rising Magazine May 2020 Edition publication has been published.

    You can now access it instantly HERE.

    • We had to hold this edition to aid our members as many Articles and Ads were changed due to webinars and working conditions. Next month we will not wait. 
    • Published the first week of each month.

    Frank J Mari / Executive Director

    Viewing the digital publication doesn’t require special software and loads quickly in your web browser. Just click on the publication cover or link above to begin reading now!

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    Have your services been affected by coronavirus?

    Have your services been affected by coronavirus?

    • Posted: May 14, 2020
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    Have your services been affected by coronavirus?

    We know businesses like yours may be struggling to keep customers informed right now.

    To help we’ve released help for Members We want members businesses to communicate changes and promote their available services.

    (For example) a members business could write an article tell us what you offer or that they’re temporarily closed or Let us know that you are OPEN and ready to help Condo’s and HOA’s. We will repost these members articles and send these out to our Industry.

    Once normal service resumes, or you reopen you can easily send another article for the service update, SFPMA will help by sending these to our Industry.

    We have a large reach for our Blog. We send Hundreds of Thousands of Emails to industry professionals and more if you also add every member company and subscriber.

     

     

     

    Need more resources? Think about taking out Advertising on our website or in the Florida Rising Magazine.

    At SFPMA, we’re committed to providing members businesses with as much support as possible during this challenging time. 

    Send us an Email: Membership@sfpma.com

    Frank J Mari / Executive Director

     

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    Is YOUR Pond A Breeding Ground For Pesky Midge Flies?

    Is YOUR Pond A Breeding Ground For Pesky Midge Flies?

    • Posted: May 14, 2020
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    Midge Fly Control
    An Integrated Management Approach

     

    Lakes, ponds and wetlands are valuable resources for boating and recreation, fishing, drinking water, stormwater collection, aesthetic beauty and wildlife habitat. But they also serve as common breeding grounds for pesky insects like aquatic midge flies, often referred to as “midge bugs” or “blind mosquitoes.” Midge flies belong to a very large and diverse family of aquatic insects. While often thought of as the “cousin” of mosquitoes, midges don’t bite, sting, suck blood or transmit disease. They can, however, become a terrible nuisance and trigger allergies or respiratory issues.

     

    What is a midge? Where are they found?

    Midges thrive near aquatic resources because their egg, larvae and pupae stages must occur in water. They have evolved to populate and prosper under difficult environmental conditions commonly occurring in many of our community lakes and ponds that have excessive nutrient loading, murky water, organic muck accumulation and low dissolved oxygen levels. These same water quality problems that favor midges also prevent midge predators such as fish and other aquatic insects from preying on them. This allows midges to form monocultures across a lake’s bottom and reproduce in extremely large numbers often exceeding 40,000 larvae per square meter. 1,000 larvae per square meter is considered the threshold for nuisance levels. Out-of-control midge larvae populations can become a terrible annoyance, inconvenience and even a health hazard to waterside residents when they metamorphose into adult flies.

     

     

    Negative impact of midges:

    • Their swarms are attracted to lights around businesses, residential areas, and stormwater systems, which can detract from the enjoyment of outdoor activities.
    • Large populations of midges are known to blanket cars, building exteriors and other surfaces, which can stain or damage them over time.
    • Many communities experience a rapid increase in local spider populations reacting to the midge flies as a food source.
    • Residents find their eaves, porches and windows covered in spider webs full of decaying midges and smelling like dead fish.
    • Typically, midges are the biggest nuisance in the spring and fall when adults emerge from the water surface. However, in many states, particularly across the south and Florida, midge fly season is year-round.

     

    An Integrated Midge Management Approach

     

    Managing midge fly populations below nuisance levels requires an integrated approach to achieve successful long-term control—starting with bathymetric mapping of the habitat and a professional larvae assessment. Midge larvae surveys are crucial tools to determine which midge species are present and how to effectively manage them.

    Blood midge larvae, for example, thrive in bottom sediments and must be targeted with an ingestible larvicide. On the other hand, phantom or ‘ghost’ midge larvae flow freely throughout the water column and are targeted with a growth-regulating hormone that prevents them from becoming healthy adults.

    Once larvae surveys are completed, an integrated approach may continue with strategic larvicide treatments to disrupt midge lifecycles, as well as the following management approaches:
    • Balance water quality conditions to prevent algae growth
    • Enhance biological control via predatory fish stocking 
    • Increase circulation and dissolved oxygen levels through aeration 
    • Develop a healthy and diverse shoreline littoral habitat

     

    Balance water quality:

    • Ensure stormwater management facilities are within compliance in order to properly divert watershed runoff containing phosphorus, nitrogen and other pollutants.
    • Use nutrient remediation products like Phoslock, Alum or Biochar to help create balanced water quality conditions that are less hospitable to the algae blooms on which midge larvae feed.
    • To eradicate stubborn algae blooms, work with your lake and pond management professional to arrange the application of EPA-registered algaecides.

     

    Introduce aeration: 

    • Traditional aeration solutions and new technologies like nanobubbles can be used to naturally increase dissolved oxygen levels, thus accelerating the oxidation of undesirable nutrients – the primary food source that filter feeding midge larvae rely on.
    • Raising oxygen levels throughout the water column will allow predatory fish to attack the larvae population hiding in deeper bottom waters and sediments.
    • Increased oxygen levels can help reduce phosphorus, nitrogen and algae growth, improving the lake or pond’s overall water quality, clarity and beauty.

     

    Manage fish populations:

    • Arrange a professional electrofishing assessment to survey your fish population and ensure the proper predatory fish species like Bream and Gambusia are present to feed on midge larvae.
    • Stock the correct quantity of fish for your lake’s or pond’s midge species and density, and restock yearly to maintain abundant fish populations.
    • Consider supporting fish populations with the introduction of automatic fish feeders and habitat structures.

     

    Cultivate a healthy shoreline:

    • Introduce a variety of native flowering species to help limit the negative impacts of nutrient loading. Beneficial plants include arrowhead, pickerelweed, canna lily and blue flag iris.
    • Native vegetative plantings also provide cover and shelter for midge predators including gambusia, bream, amphibians and dragonfly nymphs and adults.
    • Is your shoreline too eroded to plant? Install a biodegradable shoreline erosion control system like coconut coir logs or ShoreSOX to restore banks and hillsides for more than 10 years.

     

     

    Find Your Solution

    With SOLitude Lake Management

    Looking for sustainable long-term control of your algae or aquatic weed problems? Considering  fisheries management assistance? Need help with water quality testing? Trying to find the perfect pond aeration system for your aquatic ecosystem?

    Whatever your lake and pond management needs may be, SOLitude Lake Management has the answer. Simply fill out the form ( Click Find Your Solution ) and let us know how we can help. We look forward to helping you find your lake or pond management solution.

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    FIND COURSES TRAINING AND EVENTS IN FLORIDA on THE EVENTS CALENDAR

    FIND COURSES TRAINING AND EVENTS IN FLORIDA on THE EVENTS CALENDAR

    • Posted: May 12, 2020
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    FIND COURSES TRAINING AND EVENTS IN FLORIDA on THE EVENTS CALENDAR

    In these times we have changed our Events to Include Online Webinars, Seminars and Radio Shows you can interact with from the comfort of your homes.

     

    THE EVENTS CALENDAR

     

    Keeping safety first. We have added events to fit the new narrative Providing: Legal Courses, Board Member Courses, Insurance, Collections, Finance, Business, Service Courses and Expos in Florida.

     

                      

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    From One Disaster to the Next  / Hurricane Season Starts June 1

    From One Disaster to the Next / Hurricane Season Starts June 1

    • Posted: May 09, 2020
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    From One Disaster to the Next

    Hurricane Season Starts June 1

     

        If the effects of the Covid-19 virus were not enough, June 1st begins Florida’s unenviable hurricane season. Never has it been more important to board members and managers to understand the emergency powers approved by the legislature and codified into Florida Statutes in Chapters 718, 719 and 720 for use during a declared “state of emergency.”  Many associations have already utilized these powers in their efforts to curb the Covid-19 virus from spreading.  If you are not yet familiar with these powers, well, you need to become learned before disaster strikes.
        The statutorily required pre-requisite to utilizing the legislative emergency powers is that the Governor of the State of Florida has declared a “state of emergency”.  Importantly, when exercising emergency powers, there should be a rational relationship between the action undertaken and the disaster itself.  For example, an emergency special assessment needed to fix the condominium roof damaged by a hurricane during a state of emergency makes good sense. However, just because there was a hurricane and a state of emergency declared, does not mean the emergency powers can be used to levy a special assessment to build a new gazebo, most especially when there was never a gazebo before.
      The Covid-19 situation illustrates to many seasoned community association lawyers that the emergency powers granted by the legislature were drafted for use in response to, and in preparation for, natural disasters. More specifically, “in response to damage caused by an event for which a state of emergency is declared.”  Suffice it to say, use of the emergency powers to help contain a virus epidemic was likely not contemplated. Nevertheless, circumstances warranted that the emergency powers be utilized during the Covid-19 crisis for which a state of emergency was indeed declared. Likely, as a result of the Covid-19 virus, the community association emergency powers granted by the Florida legislature will be tweaked by the legislature in its next session to provide for better applicability to an ever-evolving world where states of disaster are not limited to weather events alone.
        The specific emergency powers legislation can be found in section 718.1265 Florida Statutes for condominium associations, section 720.316 Florida Statutes for homeowners’ associations and section 719.128 Florida Statutes for cooperative associations.  While each are very similar, there are a few subtle differences that go beyond the scope of this article.  Also, it should be noted that an association can amend its governing documents to prohibit a board member’s use of the statutory emergency powers.  Perhaps, one justifiable reason to do so would be if the membership approves its own version of emergency powers which most obviously should be discussed with the association’s legal counsel before considering to do so.
        A few of the emergency powers that are common to all of Florida’s community associations, unless otherwise provided, include:
    1. Conduct board meetings and membership meetings with notice given as is practicable under the circumstances.
    2. Cancel and reschedule any association meeting.
    3. Name as ‘assistant officers’ persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.
    4. Relocate the association’s principal office or designate alternative principal offices.
    5. Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.
    6. Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners.
    7. Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
    8. Require the evacuation in the event of a mandatory evacuation order.
    9. Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the property can be safely inhabited or occupied.
    10. As to condominiums, mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.
    11. As to condominiums, contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116 to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.
    12. As to homeowners’ associations,  mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the association property.
    13. Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.
    14. Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient.

    These emergency powers are limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the owners and the owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.

     

    Please be sure to review the legislation that is specifically applicable to your type of association, be it a condominium, cooperative or homeowners’ association, as the above powers were presented for purposes of this article.

    Prior to taking any action, consultation with the association’s attorney is an absolute must as this article is intended to provide useful information for consideration and not specific legal advice.  Stay safe!

    (Reprinted with permission from the May 2020 edition of the Florida Community Association Journal and as written by attorney Jeffrey Rembaum)

     

     

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