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DEFIBRILLATORS Is the Liability Worth the Risk?

DEFIBRILLATORS Is the Liability Worth the Risk?

  • Posted: Mar 24, 2018
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DEFIBRILLATORS

Is the Liability Worth the Risk?

About the Editor: Jeffrey Rembaum, Esq.

 

Jeffrey Rembaum, Esq.’s law practice consists of representation of condominium, homeowner, commercial  and mobile home park associations, as well as exclusive country club communities and the developers who build them.  He is a regular columnist for The Condo News, a biweekly publication.

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 16 lawyers and offices in Broward and Palm Beach Counties, is a full service law firm devoted to the representation of more than 1,000 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

The Firm is ranked ninth in South Florida and 62nd in the Southern U.S. among “Top 300 Small Businesses” by Business Leader magazine.

 

According to the American Heart Association, sudden cardiac arrest (“SCA”) is a leading cause of death in the United States. It is estimated that more than 350,000 lives are taken each year due to the abrupt loss of heart function. However, with technological advances, the number of deaths due to SCA have been lowered through the use of an automated external defibrillator (“AED”). An AED is a portable medical instrument that delivers an electrical impulse to the heart to disrupt and correct an otherwise fatal irregular heartbeat (arrhythmia) and allows a normal rhythm to resume. Although AEDs have been credited with saving countless lives by making it possible for non-medical individuals to respond to a medical emergency, the question must be asked: “Is the liability worth the risk?”

The purchase and availability of AEDs is controlled by state and federal laws and regulations. Pursuant to Florida law, AEDs are required to be installed in public schools, dental offices, and assisted living facilities. AEDs are optional in state parks and state owned or leased facilities. There is no requirementthat community associations in Florida install AED devices on association property and/or association fitness facilities. Although not legally required, there is a growing trend of community associations considering installing AEDs on association property to better protect their residents. When considering whether or not to install an AED device, associations must ensure that all parties (i.e., association management, board of directors, residents, and any other authorized user) understand the potential liability associated with the use of an AED and the protections afforded to them under Florida law.

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Thank you for NOT feeding our wildlife!

Thank you for NOT feeding our wildlife!

  • Posted: Mar 20, 2018
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Thank you for NOT feeding our wildlife!

Families of Muscovy Ducks are a frequent and familiar sight throughout Florida’s Condos and HOA’s, waddling along main roads and byways and paddling in the canals. During recent North American Migration counts, their population consistently ranks in the top dozen of the 149 species of birds found in Florida. Muscovies are year-round breeders, and local populations, if well-fed, can increase dramatically in a short time. A hen can lay as many as 24 eggs in a single clutch, which will hatch in 35 days.

Although Muscovies are not native to the United States, they have been here for over 100 years since being imported from South America where they have long been known as “good eating.” (If you Google “Muscovy Duck,” you would come back with over 80,000 responses—and a good portion of those would be recipes!)

Fortunately, some ducks enjoy protected status, and are not a staple of our dinner tables. Florida’s lakes and waterways have been a bird sanctuary since 1967 (Sec. 90-15). Muscovies are also protected by Florida Statute 828.12 from animal cruelty. However, because local ducks originated in Florida from domestic stock, they are not considered “wildlife” and are not protected by state wildlife laws or the federal Migratory Bird Treaty Act.  State law does prohibit the relocation of Muscovies into wild areas as they may be carriers of diseases which can adversely affect native water-fowl.

So, please do not feed your neighborhood  birds and ducks!  Although we appreciate that feeding Muscovy ducks is enjoyable, it is often not in their best interest. 

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ASSOCIATION’S LAW FIRM’S INVOICES BE MADE AVAILABLE TO ITS MEMBERS UPON WRITTEN REQUEST?

ASSOCIATION’S LAW FIRM’S INVOICES BE MADE AVAILABLE TO ITS MEMBERS UPON WRITTEN REQUEST?

MUST THE ASSOCIATION’S LAW FIRM’S INVOICES BE MADE AVAILABLE TO ITS MEMBERS UPON WRITTEN REQUEST?

An association member wants to review the association’s lawyer’s bills sent to the association over the past year. As a result, the member submits a written request to access those records. But, is the member actually entitled to see them? Pursuant to the relevant sections of Chapter 718, Chapter 719, and Chapter 720 of the Florida Statutes, regarding condominiums, cooperatives, and homeowners’ associations, respectively, all members (or their aut

Art_Billing-450x253horized representatives) have the right to access their community association’s official records for inspection and copying. However, this right is not absolute as there are several official records which are exempt from member access.

Among these exempted official records are records protected by the attorney-client privilege, as described in section 90.502, Florida Statutes, and any record protected by the work-product privilege. Generally, the attorney-client privilege protects communications between a lawyer and the lawyer’s client; whereas, the work-product privilege protects, for example, a record prepared by an association attorney or prepared at the attorney’s express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of litigation or proceedings until the conclusion of the litigation or proceedings.

While these exceptions to official records access are expressly provided in the relevant sections of the Florida Statutes, questions arise as to whether or not a community association’s legal invoices are protected by the attorney-client privilege and/or the work-product privilege. Moreover, can the association redact its legal invoices to keep privileged information provided in the legal invoices from access by the member? You bet the association can!

This issue was decided in the arbitration case of Jandebeur v. Marine Terrace Association, Inc. (Arbo. Case No. 2014-03-5716) in which the association, in the end, was represented by Kaye Bender Rembaum, Attorneys at Law. (This case involved a cooperative under Chapter 719, Florida Statutes, which is substantially the same as Chapter 718, Florida Statutes. Arbitration is not applicable to Chapter 720, Florida Statutes.) The law firm took the case over from the association’s prior counsel who, on behalf of his client-association, advised the board not to provide access to his law firm’s billing to the association, claiming the entire bill to be privileged.

In this case, the member made written requests to inspect the association’s official records, including legal invoices from the association’s prior law firm. Upon the advice of the association’s prior attorney, the association refused to provide the owner with access to the requested legal invoices claiming that they were inaccessible, in their entirety, because they contained attorney-client privileged communications and attorney work-product.

In deciding the matter in favor of the member, the arbitrator held that refusing access to the entire legal invoices was improper; however, the arbitrator made it patently clear that “[i]f attorney work product is contained in an invoice, e.g. a description of work performed reveals the attorney’s thoughts, etc., regarding the litigation, that information may be redacted.” Therefore, the arbitrator in this case clearly and expressly opined that portions of legal invoices may be redacted to remove information protected by the attorney-client privilege and/or the work-product privilege.

Given the official records exemptions from member access as discussed above, the arbitrator’s decision in this case is in line with the statutory exemptions provided by the relevant sections of Chapter 718, Chapter 719, and Chapter 720 of the Florida Statutes. Therefore, do not be surprised if, upon a member’s written request to inspect the association’s law firm’s billing, invoices are presented only after significant redaction to protect both attorney-client and work-product privileges.

While arbitration cases decided by the Arbitration Section of Florida’s Department of Business and Professional Regulations, Division of Florida Condominiums, Timeshares, and Mobile Homes, do not create binding precedents on any other parties (meaning, the same issue could be decided differently in another case) and are not applicable to homeowners’ associations, they are often relied upon for guidance, as many community association attorneys do. Therefore, when presented with a written request for access to your association’s legal invoices, you may want to have your association’s attorney review the requested invoices to see if there is any privileged information which should be redacted to protect the privilege prior to the member’s inspection and copying of the official records.

Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. He is a regular columnist for The Condo News, a biweekly publication and was inducted into the 2012, 2013 & 2014 Florida Super Lawyers. He can be reached at 561-241-4462.

 

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“We give investors and clients the information to make an informed decision about which property management company to use”

“We give investors and clients the information to make an informed decision about which property management company to use”

“We give investors and clients the information to make an informed decision about which property management company to use”

  • They learn about how hiring a professional management company helps them.
  • They find out what fees are associated with management.
  • They read and learn about maintenance issues and repairs for their property.
  • Other information including what questions to ask potential management companies. We know that with real estate comes non paying tenants, evictions fees, collecting rents, vacant units, inspections, contracts and leases, payment matters from tenants and your monthly money.

Addressing these questions with owners and board members helps them to understand what a manager does, and how important it is to take the time to find the right company that will care for the properties like they would.

 

LOOKING FOR A PROPERTY MANAGEMENT COMPANY OR A CAM MANAGER TO MANAGE YOUR INVESTMENT PROPERTY, CONDO, OR HOA.

 

learn what to look for in a Property Management company, the benefits, the services they provide, how they collect fees, how repairs are addressed, laws & licensing.

Read and learn what our members can do to help you with the management of your buildings. Managing properties can become quickly overwhelming, even for experienced investors. There is always something going on that requires attention and it takes very little time for things to get out of hand. Hiring a Property Manager can provide an opportunity to regain control and restore stability to both your properties and possibly life in general.

We understand the importance having income real estate to you and your family. We are here to help you with the selection process for hiring the right company for the management of your buildings. Your Property Manager will make critical decisions on your behalf making it extremely important that you do your homework during the hiring process.

Ultimately, your decision to hire or not hire a property management company should hinge on whether or not it is a good fit with your lifestyle, and makes sense financially.  Individual investors will have to assess the opportunity cost of both options based on their unique circumstances.

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Airline has taken steps to tighten its emotional support animal policy. With incidents, such as biting, on the rise!

Airline has taken steps to tighten its emotional support animal policy. With incidents, such as biting, on the rise!

Airline has taken steps to tighten its emotional support animal policy. With incidents, such as biting, on the rise!

The Property Management industry is not the only place experiencing a rise in emotional support animal conflict.

These animals are becoming an issue for airlines and the results have not always been good, according to The Washington Post’s Karin Brulliard.

It recently announced changes to increase scrutiny about its passengers flying with service or comfort animals — Delta says it flew 250,000 of such animals last year, which was a 150 percent increase over 2016. Incidents reported of those animals biting or defecating during flights had nearly doubled since 2016.

“Delta emphasized safety concerns in detailing the increased documentation owners that will be required to provide about their animals,” Brulliard writes. “But its action also was spurred by a widespread perception among airlines and disability rights advocates that some fliers are fraudulently taking advantage of the federal law to bring untrained pets of myriad species into crowded cabins.”
Sound familiar?

Along with expanding its list of prohibited animals, including “farm poultry,” hedgehogs and anything with tusks, Delta tightened its policies.

“Passengers with trained service animals will need to submit a veterinary health form at least 48 hours before travel to the airline’s new ‘Service Animal Support Desk,’ ” Brulliard writes. “Customers with emotional-support animals or psychiatric service animals must do the same but also must provide a letter from a doctor or mental-health professional and a signed document saying the animal is trained to behave in public.”

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Read the Article: Washington Post Article

 

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APPELLATE COURT LIMITS ASSOCIATION ABILITY TO STOP OWNER POSTING OF NEGATIVE OPINIONS ON SOCIAL MEDIA

APPELLATE COURT LIMITS ASSOCIATION ABILITY TO STOP OWNER POSTING OF NEGATIVE OPINIONS ON SOCIAL MEDIA

APPELLATE COURT LIMITS ASSOCIATION ABILITY TO STOP OWNER POSTING OF NEGATIVE OPINIONS ON SOCIAL MEDIA

Many community associations throughout Florida have experienced an owner who opposes the board and is vocally negative toward the efforts of the association representatives. With the development of social media and the internet, many have also experienced these disgruntled owners posting their opinions on the internet through blogs, website and the like. Quite often these owners are not expressing accurate information regarding the association and boards look for help from their attorneys to stop what they consider to be abusive and harassing conduct. The Florida Fifth District Court of Appeal has recently issued a ruling that identifies some limits that court action can take in dealing with such disputes and leaving questions regarding other actions that can be taken unanswered.

 

Read more on Legal Issues: 

REMBAUM’S ASSOCIATION ROUNDUP

 http://www.kbrlegal.com/rembaums-association-roundup/

 

In Fox. V. Hampton at Metro West Condominium Association, Inc., Case No. 5D16-1822 (July 21, 2017), the Appellate Court was presented the situation in which the Condominium Association had initially brought a legal action against the unit owner to obtain an injunction to stop the owner from what they claimed to be conduct that was harassing, intimidating and otherwise threatening to other owners, and for his on-going publishing of negative claims about the Association and/or the Board on the internet. No trial was held as the parties entered into a settlement agreement that was ultimately incorporated into a final judgment under which Fox agreed to stop certain actions. Soon thereafter, however, the conduct began again and the Association filed a motion for contempt and enforcement of the agreement, claiming that Fox had willfully and intentionally violated the terms of the agreement.

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Is your Community having a Holiday Party? Five holiday party ideas

Is your Community having a Holiday Party? Five holiday party ideas

Holiday Parties Sure To Please Your Residents

Brought to you by State of Florida Property Management Association  –  https://www.SFPMA.com

The holidays provide the perfect opportunity to bring your neighbors together to celebrate the season. When you have community amenities such as a clubhouse, there’s no need for a neighbor to go through the hassle of hosting your HOA holiday party at his or her home.

Want to throw a holiday party that will bring residents of your community together for a fun-filled evening? Here are five holiday party ideas that are sure to please your residents:

  1. Tacky Sweater Party

While so cliché these days, hosting a tacky sweater party is a great way for residents to break the ice and start mingling with each other. The ugly holiday sweater that was once popular in the 80s is making a big come back, and residents can easily find this festive attire online or come up with their own creations. Encourage residents to channel their inner-tackiness by offering prizes for the ugliest sweaters. If hosting the party at your neighborhood clubhouse, you can spruce up your community amenities for the event with bright-colored lights, oversized holiday inflatables, and tinsel-filled trees.
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Register Today! – CONDO & HOA EXPOS get information on booth availability, show sponsorship or speaking opportunities

Register Today! – CONDO & HOA EXPOS get information on booth availability, show sponsorship or speaking opportunities

Register Today! – information on booth availability, show sponsorship or speaking opportunities

This coming spring, L&L Exhibition Management has four events that give you the opportunity to meet and have face time with Property Managers and Board Members in South Florida.

If you would like more information on booth availability, show sponsorship or speaking opportunities, please call me at (800)-374-6463 or reply to this email.
 
Sincerely,
Contact:
-Nick Vedder
Show Manager
(800) 374-6463
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A Guide to Being Politically Smart for Board Members

A Guide to Being Politically Smart for Board Members

A Guide to Being Politically Smart for Board Members

RePublished with permission from Our Members:  http://royalemanagement.com/home/

Royale Management Services, Inc.
2319 N. Andrews Avenue, Fort Lauderdale FL 33311
Phone: (954) 563-1269 | (800) 382-1040 | Fax: (954) 563-2153 | Email: CAM@rmsaccounting.com

 

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Commercial vs Residential Property Management: What the Difference is?

Commercial vs Residential Property Management: What the Difference is?

by Author Donatas Kazakauskas 

There are many differences between commercial and residential property management.

Usually, new property managers start with residential buildings, because of its simplicity. But if one wants to jump into commercial property management, there are many things to learn. In this blog, I will cover the key points.

sfpma1. Tenant expenses. In addition to the base rental fee, commercial building tenants need to pay some or all of the expenses related to real-estate ownership. These expenses (can be called “three nets” or NNN) consist of property taxes, insurance and maintenance fees. There are several types of commercial leases, such as:

a. Triple net – requires the tenant to pay the net amount for all three types of costs (real estate taxes, building insurance and common area maintenance (CAM) fees).

b. Modified net – a compromise between gross lease and triple net. The property manager and tenant usually agree to split the maintenance expenses, but the tenant pays for the real estate taxes and insurance.

c. Gross lease – In this case, the landlord collects the fixed rental fees and pays for all the expenses out of them. These contracts usually have many clauses that may increase the rental fee to cover increased taxes or insurance for the landlord.

d. Percentage lease – mostly used in shopping centres and retail malls. It typically requires a lessee to pay the base rent and on top of that amount, pay a percentage of their sales volume.

These leases are much more complex compared to residential leases. In cases where you collect a fixed amount for CAM fees every month, you need to do an annual recalculation based on what you have received vs actual expenses. Residential rental rates are typically a fixed amount per month or other price period plus the utilities payed based on consumption. Does your software allow you to deal with all calculation situations and easily calculate the correct amounts for the tenants? Soft4RealEstate does.

2. On-Site manager and maintenance. In large office centres or shopping malls, it is necessary to have on-site managers who can deal with tenant requests or take care of other issues. In some countries or US states, this is even defined by law. To track all the requests and work orders, you need to have a system that is easy to use for both the manager and tenant. It should be easy for the manager to track all ongoing tasks, view the work schedule, and change statuses. On the tenant’s side, it should be clear when and what will be done, and when any work can be expected to be finished. While renting apartments, you can have maintenance vendors and tenants usually deal directly with them without property manager interruption.

3. Responsibilities. This point is an advantage for commercial properties. Tenants of commercial buildings have a greater amount of responsibilities than residential tenants. With residential tenants, you’re agreeing to a habitable residence, and the laws weigh most heavily on the tenant when it comes to evictions, habitability, etc. Commercial properties are for business use, and the scope of landlord responsibilities is lower. What is more, most commercial buildings are only used during the daytime, so you won’t receive midnight calls for fixing a toilet, leaking pipes or complaints about loud music from neighbours.

4. Leases. It is easier to rent residential property. Moreover, the rental agreements are usually shorter in length and easily renewable, while commercial leases are more complicated. They are much longer, might have difficult extension options, rent is reviewed annually and prices are commonly increased by the CPI or some other fixed index. Commercial lease agreements are harder to break because of many termination clauses.

Even though the processes seem similar: you have tenants, you have contracts, and you have units to lease, maintain and manage, so commercial property management and residential property management are not the same. You need to take all the things mentioned above into consideration in order ensure the best results for every situation. Not every residential property manager can manage commercial properties without any preparation. Once you start doing commercial property management, make sure that you not only have the necessary knowledge, but also the tools, such as software, to make it work. Sometimes Excel seems good enough to do the work, but the day may come when you need to say goodbye to it. When?

 

 

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Tasks property managers commonly perform for owners

Tasks property managers commonly perform for owners

Evaluate the property and determine an accurate rental rate

  • Perform detailed documentation of the interior and exterior including photos
  • Offer recommendations on repairs and cosmetic improvements that maximize monthly rent while providing good ROI.
  • Gather data on rental rates in the area and work with owners to determine the optimal rental rate. Rent research will vary, but should include looking at the recently rented comparables according to size and type.
  • Discuss with owners the pros and cons of different policies such as accepting pets, allowing smoking etc.
  • Install a lock box

Market the property for rent

  • Prepare home for rent
    •  Clean home and optimize interior appeal
  • Create ads tailored to the property and advertising medium. Some of the mediums commonly used are:
    • Paid and free rental listing websites
    • Print publications
    • Signs
    • MLS
    • Fliers
  • Work with other realtors and leasing agents to find a tenant
  • Provide a 24-hour hot-line where prospective tenants can listen to detailed information about the property
  • Field calls from prospects for questions and viewings
  • Meet prospective tenants for showings throughout the week and weekend.
  • Provide prospective tenants with rental applications that are legally compliant with fair housing laws
  • Collection applications with application fee

Tenant Screening and Selection

  • Perform a background check to verify identity, income, credit history, rental history, etc.
  • Grade tenant according to pre-defined tenant criteria
  • Inform tenants who were turned down

Tenant Move In

  • Draw up leasing agreement
  • Confirm move in date with tenant
  • Review lease guidelines with tenant regarding things like rental payment terms and required property maintenance
  • Ensure all agreements have been properly executed
  • Perform detailed move in inspection with tenant and have tenants sign a report verifying the condition of the property prior to move-in.
  • Collect first months rent and security deposit

Rent collection

  • Receiving rent
  • Hunting down late payments
  • Sending out pay or quit notices
  • Enforcing late fees

Evictions (A Great website for Eviction Information is: www.NationalEvictions.com )

  • Filing relevant paperwork to initiate and complete an unlawful detainer action
  • Representing owner in court
  • Coordinating with law enforcement to remove tenant and tenants possessions from unit

Legal

  • Advise in the event of a legal dispute or litigation
  • Refer owner to a qualified attorney when necessary
  • Understand and abide by the latest local, state and federal legislation that apply to renting and maintaining rental properties.

Inspections

  • Perform periodic inspections (Inside and outside) on a predefined schedule looking for repair needs, safety hazards, code violations, lease violations, etc.
  • Send owner periodic reports on the condition of the property

Financial

  • Provide accounting property management services
  • Make payments on behalf of owner (Mortgage, insurance, HOA dues, etc.)
  • Detailed documentation of expenses via invoices and receipts
  • Maintain all historical records (paid invoices, leases, inspection reports, warranties, etc.)
  • Provide annual reporting, structured for tax purposes as well as required tax documents including a 1099 form
  • Advise owner on relevant tax deductions related to their rental property
  • Provide easy to read monthly cash-flow statements which offer a detailed breakdown of income and itemized expenses

Maintenance, Repairs, and Remodeling

View the Associations MEMBERS DIRECTORY: Find top companies that work with the Management Industry.

  • Provide and oversee an in-house maintenance crew
  • Establish a preventative maintenance policy to identify and deal with repair needs
  • Provide an network of licensed, bonded and fully insured contractors who have been vetted for good pricing and good work that is up to code.
  • Assign jobs to different parties (in-house employees, handyman and professional contractors) based on who will do the best job for the best price.
  • Maintain outdoor areas
    • Leaf and snow removal
    • Landscaping
    • Removing trash and debris
  • Maintain and monitor a 24 hour emergency repair hot-line
  • Larger renovation or rehab projects
    • Provide recommendations on how the project can maximize rental income.
    • Prepare preliminary cost estimates
    • Get multiple independent bids for the work
    • Act as general contractor overseeing the work

Tenant Move Out

  • Inspect unit and fill out a report on the property’s condition when the client moves out
  • Provide tenant with a copy as well as estimated damages
  • Return the balance of the security deposit to the tenant
  • Forward any portion of the owner’s portion of the tenant deposit to the owner or hold in owner reserves for repairs.
  • Clean unit and perform and needed repairs or upgrades
  • Re-key the locks
  • Put the property back on the market for rent

This isn’t intended to be a comprehensive list of property management services, but it should give you a fair idea of the scope of a property management company’s activities

SFPMA Members work with HOA, Condo, Multi-Family, Single-Family, when you are ready to have your property Managed by a Professional and take the time to enjoy your life.

Find the right Management Company on our Members Directory.

 

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