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ALGAE BLOOMS: DID YOU KNOW?

ALGAE BLOOMS: DID YOU KNOW?

ALGAE BLOOMS: DID YOU KNOW?
The climate in Florida is wonderful in many ways, but the year round warm weather and heat in the summer can increase algae blooms.
1. Lawn fertilizers are a big contributor to algae blooms. Leave at least a 10 foot buffer when dispensing fertilizer near a waterway. Fertilizer in the street will wash into the storm drains and all storm drains lead to the waterways.
2. Never blow or dispose of trash and lawn clippings into streets, storm drains, or waterways. They are loaded with nutrients and as they decay, they feed the algae blooms. All storm drains lead to the waterways.
3. Algae blooms may affect oxygen levels and block light which will harm the aquatic environment.
Allstate Resource Management has 25 + years helping South Florida homeowners associations with waterway management.
Contact us today at 954-382-9766 or info@allstatemanagment.com
for a FREE, no-obligation consultation.
Allstate Resource Management | 6900 S.W. 21st Court, Bldg. 9, Davie, FL 33404
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THE NEW CONDO LAWS —- MANDATORY INSPECTIONS – PART ONE & PART TWO

THE NEW CONDO LAWS —- MANDATORY INSPECTIONS – PART ONE & PART TWO

  • Posted: Jun 14, 2022
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Let’s start discussing the new condominium laws that go into effect on July 1st.  We won’t cover them all in one week, so look forward to next week’s blog as well.

IF YOU HAVE A MANAGEMENT COMPANY the statute says:

If a community association manager or a community association management firm has a contract with a community association that has a building on the association’s property that is subject to s. 553.899, (the Mandatory Inspections statute) the community association manager or the community association management firm must comply with that section as directed by the board.

This is a weird provision to me.  Clearly, it’s warning managers and management companies to comply with the new mandatory inspection statute. But it also says “as directed by the board.”  What does that mean?  Suppose the board tells the manager that they are deliberately not complying with the new mandatory inspection statute? Does that get the management company off the hook?  Can the management company now sit back and do nothing?  I certainly don’t think that’s the intent of the statute, but it should definitely be clearer.  In any event, at least to me, the management company must not hinder the association’s efforts to comply with the new mandatory inspection statute.  If I were a manager or management company, I would document my efforts thru e-mails to all of the Board members urging them to comply and reminding them of their responsibility to comply with the new mandatory inspection requirements.

Remember, prior to this new law becoming effective, only Dade and Broward had mandatory / structural inspection requirements.  Well, we now have in every Florida county something called milestone inspections — and there is part one and part two.

In every county in Florida, your first milestone/structural  inspection is after 30 years and every ten years thereafter.  But, if your condo is ON THE COAST or within three miles of the coast, your first milestone/structural inspection is AFTER TWENTY FIVE YEARS AND EVERY TEN YEARS THEREAFTER. And this applies to every condo or co-op that is three stories or more in height by December 31 of the year in which the building reaches 30 years of age

The structural inspection of a building, including an inspection of load-bearing walls and the primary structural members and primary structural systems, must be done by by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any structural component of the building.

If the building’s certificate of occupancy was issued on or before July 1, 1992, meaning that you are already 30 years old, the building’s initial milestone inspection must be performed before December 31, 2024.

 

Here is what’s required in a Phase One Inspection:

PHASE ONE — (a) For phase one of the milestone inspection, a licensed architect or engineer authorized to practice in this state shall perform a visual examination of habitable and nonhabitable areas of a building, including the major structural components of a building, and provide a qualitative assessment of the structural conditions of the building. If the architect or engineer finds no signs of substantial structural deterioration to any building components under visual examination, phase two of the inspection, as provided in paragraph (b), is not required.

In all candor, in a post Champlain Towers world, if I’m the phase one guy — I don’t want to be sued for saying this building is in perfect shape and doesn’t even need a phase two inspection.  I think the Phase One Inspection will Always result in the First architect or engineer calling for a Phase Two study.  What does he or she have to lose?

MANDATORY BUILDING INSPECTIONS – PART TWO

By Eric Glazer, Esq.

So last week we discussed the fact that the change in the law will now require every condominium building in the state that is 3 stories or higher and at least 30 years old (25 years old if within 3 miles of the coast) to undergo a Phase One inspection, every 10 years, by a licensed architect or engineer who is looking for visual signs of structural damage to the building.

Now if I’m the guy doing the Phase One Inspection, it’s pretty likely that I’m going to find something that requires a Phase Two inspection.  Why not?  Is it worth the potential liability for saying the building is fine and then someone is injured or killed because of a structural defect?  Of course not.  So count on lots of Phase Two Inspections.  Here is what that entails:

 

PHASE TWO – Only If found to be necessary after the Phase One Inspection

(b) A phase two of the milestone inspection must be performed if any substantial structural deterioration is identified during phase one. A phase two inspection may involve destructive or nondestructive testing at the inspector’s direction. The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress in order to confirm that the building is structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. An inspector who completes a phase two milestone inspection shall prepare and submit an inspection report pursuant to subsection (8).

(8) Upon completion of a phase one or phase two milestone inspection, the architect or engineer who performed the inspection must submit a sealed copy of the inspection report with a separate summary of, at minimum, the material findings and recommendations in the inspection report to the condominium association or cooperative association, and to the building official of the local government which has jurisdiction. The inspection report must, at a minimum, meet all of the following criteria:

(a) Bear the seal and signature, or the electronic signature, of the licensed engineer or architect who performed the inspection.

(b) Indicate the manner and type of inspection forming the basis for the inspection report.

(c) Identify any substantial structural deterioration, within a reasonable professional probability based on the scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for such deterioration.

(d) State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code, were observed.

(e) Recommend any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration.

(f) Identify and describe any items requiring further inspection.

THE ASSOCIATION’S RESPONSIBILITY

(9) The association must distribute a copy of the inspector-prepared summary of the inspection report to each condominium unit owner or cooperative unit owner, regardless of the findings or recommendations in the report, by United States mail or personal delivery and by electronic transmission to unit owners who previously consented to receive notice by electronic transmission; must post a copy of the inspector-prepared summary in a conspicuous place on the condominium or cooperative property; and must publish the full report and inspector prepared summary on the association’s website, if the association is required to have a website.

 (10) A local enforcement agency may prescribe timelines and penalties with respect to compliance with this section.

(11) A board of county commissioners may adopt an ordinance requiring that a condominium or cooperative association schedule or commence repairs for substantial structural deterioration within a specified timeframe after the local enforcement agency receives a phase two inspection report; however, such repairs must be commenced within 365 days after receiving such report. If an association fails to submit proof to the local enforcement agency that repairs have been scheduled or have commenced for substantial structural deterioration identified in a phase two inspection report within the required timeframe, the local enforcement agency must review and determine if the building is unsafe for human occupancy.

The bottom line is that if forced to do a Phase One inspection, you can ensure you will be required to do a Phase Two Inspection.  The Phase Two Inspection will be costly and the architect or engineer performing the study has full reign over the property.  What they say needs fixing, needs fixing.  And what do they have to lose in stating that certain structural repairs should be made?  On the other hand, they have a lot to lose if they don’t recommend a fix and catastrophe strikes.  Rest assured that Phase Two Study will require repairs and they won’t come cheap.

 

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“Why does our HOA need a lake management company?”

“Why does our HOA need a lake management company?”
“Why does our HOA need a lake management company?”
Sometimes, aquatic management is viewed as a frivolous or unnecessary expense for a community. “My lake looks fine, why should I pay to have someone take care of it?” Unfortunately, that assessment is rarely made taking into account the whole water body.
Most people that live on lakes also see them differently than someone who maintains them. The difference is homeowners tend to look “at” the water, where as waterway managers look “in” the water. Too often people put off lake maintenance until they see a problem and weed populations have already become established. Long term management at that point becomes more expensive and time consuming, with total elimination of the problem almost impossible.
An important fact that many overlook is that the lakes on their property serve another purpose other than a nice view. They are actually man made stormwater retention areas . When communities are built, the lakes are carefully designed to hold a certain amount of stormwater. Water bodies filled with weeds no longer have the correct capacity, potentially causing neighborhood flooding during storms. Algae is another constant nuisance in South Florida lakes. Because of our warm waters and long sunny seasons, algae can spread very rapidly and unpredictably.
As a property owner or property manager, it’s valuable to have a company that will respond to these unexpected outbreaks. Every lake matures differently, and it takes a combination of experience and expertise to maintain a healthy balance as changes occur.
Allstate Resource Management’s staff is always there to answer your questions and works to ensure excellent results in any lake management situation. 
Contact us today on how we can help your community lake!
Direct: 954-382-9766

 

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WHO REPAIRS THE INCIDENTAL DAMAGES CAUSED BY THE ASSOCIATION? Article by KBR Legal

WHO REPAIRS THE INCIDENTAL DAMAGES CAUSED BY THE ASSOCIATION? Article by KBR Legal

  • Posted: Jun 14, 2022
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WHO REPAIRS THE INCIDENTAL DAMAGES CAUSED BY THE ASSOCIATION?

 Imagine: the association has just informed you it is set to begin a massive concrete restoration project. As part of the project, the contractor will need access to the rebar beneath the concrete slab connected to (or in legalese, “appurtenant to”) your unit’s balcony. To access the balcony slab, the contractor will have to remove the custom Italian tiles you just installed on your balcony. Who is responsible for the costs of the removal? Who is responsible to replace the tiles? The answers to these questions will largely depend on whether the governing documents of the association include an “incidental damage clause” and the specific circumstances of the situation, too.

In its most simplistic sense, an incidental damage clause in the declaration means that the association is responsible to repair any “incidental damage” caused by the association’s exercise of its maintenance, repair, and/or replacement responsibility. However, the existence or absence of such language is not always dispositive as to the repair responsibility. This is similar to “i” before “e” unless after “c” as there always seem to be exceptions.

For example, the repair and replacement obligation of the association may be limited only to damage caused to the unit and not cover any owner improvements to limited common elements, such as the balcony; or the obligation may be limited to damage to improvements only as originally installed by the developer, too. Whether the association or the owner will be responsible to repair the damage is highly fact-specific and will depend on the exact language in the governing documents of the association. Arbitration decisions of the Division of Florida Condominiums, Timeshares, and Mobile Homes (the Division), discussed below, provide some guidance as to when the association may be responsible for incidental damage and when the owners will be responsible to repair same. That said, bear in mind that such decisions are not precedential and in addition only apply to the parties in the arbitration that resulted in the Division’s order. However, it does provide a good understanding of how the Division may rule in a similar circumstance.

As discussed above, where the governing documents contain incidental damage language, and the association damages a portion of the unit while conducting its maintenance, repair, and replacement responsibility, the association is likely responsible for the repair. This is illustrated in Rock v. Point East Three Condominium Corporation, Inc., Arb. Case No. 99-0220, Final Order (September 29, 2000).

In Rock, the association removed a shelf located under a sink and several wall tiles in order to repair rough plumbing in the common elements. The association replaced the wall tiles but did not replace the shelf after the repairs were completed. The unit owner sought, among other things, to have the association replace the shelf. The unit owner also sought to have the association repair tiles in the dining room of the unit which had “popped up” as a result of an unrelated water leak. The association’s declaration of condominium provided that the association was responsible to repair conduits and rough plumbing and provided that “[a]ll incidental damage caused to an apartment by such work shall be promptly repaired by the association.” The arbitrator ordered the association to replace the shelf, holding that the incidental damage to the shelf was caused by the repair to the rough plumbing, which was the association’s duty to maintain. As such, the incidental damage language of the declaration applied to the shelf. However, the arbitrator held the association was not responsible to replace the tiles in the dining room, as the damage to the tiles was not incidental to any work the association performed to repair the rough plumbing.

Therefore, Rock clearly establishes that while an association is responsible to repair portions of the unit that are damaged as a result of the association’s exercise of its maintenance, repair, and replacement obligation, the damage must be incidental to the association’s work.

If the declaration requires the association to repair or replace incidental damage to the unit, the association will likely be responsible to repair and replace owner modifications to the units, too, unless the declaration provides otherwise. In Brickell Town House Association, Inc. v. Del Valle, et al., Arb. Case No. 95-0133 Final Order (September 12, 1995), the association was required to remove certain owner-installed alterations to the unit in order to access and maintain the common elements. The unit owners asserted that the association was responsible to replace the alterations in accordance with the incidental damage provision in the declaration of condominium. The arbitrator agreed, holding that the association was required to reimburse the owners for the expenses required to restore the units to the condition which existed immediately prior to the association’s reconstruction activities, including betterments which were added by the unit owners since the original construction of the units by the developer.

In accordance with the holdings in Brickell and Rock, if the governing documents provide that the association is responsible for incidental damage to the unit, the association will likely be responsible to repair any portions of the unit damaged by the association’s exercise of its maintenance, repair, and replacement responsibility, including alterations made by owners (unless specifically provided for otherwise).

On a different note, if the governing documents of the association contain incidental damage language which is specific to damage caused to units, then the association will not be responsible for incidental damage caused to owner modifications to the common elements or the limited common elements. Similarly, the association will likely not be responsible to repair any damage to any owner alteration to a unit where the declaration required association approval and the owner failed to obtain same prior to installation of the improvement.

In Continental Towers, Inc. v. Nassif, Arb. Case No. 99-0866, Summary Final Order (November 24, 1999), the association needed to conduct concrete restoration, waterproofing, and other repairs to the unit owner balconies. The unit owners had installed tiles on the balcony and argued that the association was responsible for the replacement of the tile because the declaration provided that the association was responsible for incidental damage to the unit. However, the balcony was part of the common elements, not the unit. Therefore, the incidental damage language in the declaration did not apply to the tile, and, absent any other agreement between the parties, the association had no responsibility to repair and replace same. The arbitrator concluded that:

…in the absence of an agreement between the parties or a controlling provision of the documents, ‘it cannot be said from the mere fact of association permission that the association has assumed the perpetual obligation to remove and replace the personal property when necessary to repair and replace the common elements.’ The arbitrator adopts the rationale articulated in the Carriage House case. Since the balcony is a part of the common elements, and the tile was not part of the original construction, the unit owners are responsible for its removal and replacement.

Further, where there are owner modifications which were not approved as required by the declaration, the association will likely not be responsible to repair notwithstanding the incidental damage requirement set out in the declaration. In Harrison v. Land’s End Condominium Association, Inc., Arb. Case No. 94-0298, Final Order (June 27, 1995), the association was required to remove an owner-installed balcony finish in order to effectuate repairs to the balcony slab. In this case, the balcony was considered part of the unit, and the declaration contained a provision requiring the association to repair incidental damage to the unit. The declaration also required the owner to obtain approval of the association before making any alterations to the bal-cony. However, the owner never obtained such approval. Therefore, despite the incidental damage provision, the arbitrator determined that the association was not responsible to replace the balcony finish because the owner did not obtain association approval as required by the declaration.

Therefore, if an alteration requires association approval and an owner fails to obtain such approval, the association will far more likely not be responsible to repair any incidental damage to the alteration notwithstanding the existence of incidental damage language.

Generally, the association’s repair obligation is limited to actual damage caused to the unit as a result of its maintenance, repair, and replacement obligation. If the unit owners are required to vacate their unit in order for the association to effectuate the repairs, the association is not generally responsible to reimburse the owners for the costs of same. However, as the Brickell case, discussed above, shows us, that is not always the case. In Brickell, the owners also argued that the association was responsible to reimburse them for the costs they incurred in vacating the unit for the repairs. In this case, the association chose to proceed with a method of repairing damage to common element pipes from the interior of the units, which required the unit owners in the affected units to vacate. The association did not explore an option in which the repairs could be made from the exterior, which would permit the unit owners to remain in the unit. The arbitrator agreed with the owners and ordered the association to pay for the costs the owners incurred in vacating the units. As you can glean, this case is very fact specific, which led to this outcome.

In an order denying the association’s motion for rehearing, the arbitrator in Brickell, reiterated its earlier decision that the board, within its business judgment, decided to proceed with a method of reconstruction that required the removal of the owners. Therefore, the expenses of those owners are a common expense to be borne by all owners. The important consideration in this case was the fact that the association proceeded with the repairs from the interior without exploring options to proceed from the exterior. The arbitrator notes that the order should not be construed to mean that an association would be responsible for accommodations for all unit owners in the event that the condominium building had to be tented for termites, or if a hurricane rendered the building uninhabitable. In those cases, all owners would be required to vacate the units, and there can be no other decision of the board. Additionally, in Brickell, if there was no way for the association to make the repairs that would allow the owners to remain in unit, the arbitrator’s decision may have been different. How-ever, as the association chose to displace certain unit owners to effectuate the repairs without exploring any other options, the association was responsible for the owners’ costs to vacate.

Finally, even when there is no incidental damage language in the governing documents, the association may be responsible for damage to the units if the association fails to conduct necessary maintenance to the common elements, when the association knows that such maintenance is necessary. In Dibiase v. Beneva Ridge, Arb. Case No. 92-0210, Final Order (January 19, 1994), the association was aware that the common element parking area was consistently flooding into an owner’s unit. The association retained an engineer to conduct a drainage study, and the engineer recommended several remedial measures to address the drainage problem. While the association took some remedial steps, the association did not follow through on the study’s recommendations. The arbitrator concluded that the association was responsible for the owner’s costs to repair the unit caused by the flooding. The arbitrator explained that, while “[n]o association is required to protect the property against a 100-year storm…” the association was responsible to take those steps reasonably necessary to protect the condominium property.

As the association had an expert report that advised if the association did not take certain remedial measures, the damage to the condominium property would continue, the association had an obligation to make the repairs. As the association failed to follow the report, it was responsible for the damage caused to the unit.

In accordance with the decision in Dibiase, if the association receives a report from an expert advising that certain repairs must be performed, and the association fails to take action, the association may be responsible for the costs of any damage to the units caused by its failure to act.

As you have likely gleaned from the foregoing discussion, it can be difficult to determine who is responsible to repair and replace improvements damaged during the association’s exercise of its maintenance, repair, and replacement obligations. Given the complexities of the issue, your association should consult with its legal counsel with any inquiries regarding the association’s responsibility for incidental damage.

Kaye Bender Rembaum

We are dedicated to providing clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns. Our areas of concentration include

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
  • Assessment collections
  • Construction defect claims
  • Contract drafting and negotiation
  • Cooperatives
  • Covenant enforcement
  • Fair Housing
  • Land Use and Zoning
  • Litigation and Arbitration
  • Master/ Sub Association Issues
  • Pre and Post Turnover Planning
  • Real Estate and Title Concerns
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Discover how to proactively manage your water…Stay Ahead of Algae & Enjoy Beautiful Water

Discover how to proactively manage your water…Stay Ahead of Algae & Enjoy Beautiful Water

  • Posted: Jun 14, 2022
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Neglecting to stay on top of water quality issues may require reactive management approaches like herbicides and algaecides. Though these tools are effective, they are only treating the symptom of a bigger issue…

Proactive, natural solutions like aeration or beneficial buffers can help balance water quality, giving you the beautiful, clean water you deserve to enjoy.

Managing Nuisance Pond Algae Without Algaecides

Written by Industry Expert Gavin Ferris, Ecologist 

I frequently use herbicides and algaecides in my line of work. Having attended college and graduate school to be an Ecologist, it isn’t something I thought I would do very often, but with the frequency of environmental problems that involve invasive flora, nuisance aquatic weeds and potentially-toxic algae, EPA-registered herbicides and algaecides are an invaluable tool. There are, however, times when their use is impractical, imprudent, illegal or impossible. Maybe the HOA or property manager prefers that herbicides not be applied to nearby waters. Perhaps the regulatory bodies in a given area aren’t permitting the use of certain products. Whatever the reason, sometimes this option just isn’t on the table. But how do we effectively manage algae and aquatic weeds without herbicides and algaecides?

I employ a simple concept that I call the algae triangle, though it works for all forms of vegetation.If you had the same fire safety lessons in elementary school, you may remember the Fire Triangle, which is based on the idea that three elements are necessary for fire: fuel, oxygen and heat. If you have enough of all three, you’ll ignite a fire. Eliminate any corner of the triangle, and the fire goes out. Similarly, if you have water, sunlight and nutrients, you’ll likely develop some form of algae or vegetation. If the triangle becomes too imbalanced, the resulting plant species can become a nuisance.

Obviously, in the lake management and pond maintenance field, we aren’t removing water from the equation, so establishing balance between each factor is the focus. Putting this concept into practice means understanding how sunlight and nutrients affect the ecology of the waterbody in question. Communities have several natural options to help mitigate against algae and aquatic weed growth, including limiting sunlight, improving water circulation and reducing excess nutrients.

How Algae and Nuisance Weeds Thrive

If a stormwater pond receives full sunlight during the growing season, this directly impacts plants and algae by increasing water temperatures and providing the light necessary for photosynthesis. To prevent sunlight from penetrating the water column and stimulating the growth of deep submersed plants and benthic algae, water levels can be increased. Dredging is an effective strategy to increase the depth of a lake or pond, however, it is often the costliest project a community will ever face. Instead, proactive hydro-raking can help maintain existing water depths and prolong the need for dredging by removing unconsolidated muck and organic debris from the bottom of a lake or stormwater pond. Likewise, blue or black pond dye can be applied to reflect sunlight. Pond dye can enhance the aesthetics of a waterbody while simultaneously absorbing sunlight before it can penetrate the waterbody and fuel excessive plant growth.

In addition to thriving in water that receives lots of sunlight, algae and nuisance weeds also flourish in stratified waterbodies. A stagnant, sun-warmed layer floating on top of colder, deeper water can serve as a perfect habitat for undesirable species. Circulation with a diffused aeration system breaks this stratification and allows the water to mix more evenly, resulting in more consistent temperatures and less warming in the sunlit portions of the water. Aeration is also effective at improving the health of an aquatic ecosystem in a number of other ways, such as preventing oxygen depletion and fish kills, improving beneficial bacteria levels, and preventing the release of excess nutrients from the sediment. This brings us to the real meat and potatoes of preventative maintenance: nutrient management.

Managing Excess Nutrients in the Water

Phosphorus is the most important nutrient contributing to excess vegetation in lakes and stormwater ponds, and it can enter the water column in runoff containing lawn fertilizers, grass clippings, pet droppings, and waste from faulty septic systems. A number of nutrient reduction strategies should be considered if water quality tests reveal nutrient levels are too high. A professional lake manager can apply beneficial bacteria to the waterbody to utilize nutrients that would otherwise be available for plant and algae growth. Water quality can also be amended by using products that bind with phosphorus to keep it from becoming fuel for nuisance plants. Additionally, strategically planting desirable buffer vegetation around the shore of the waterbody can help to intercept phosphorus before it enters the water and is absorbed by unwanted vegetation. Your lake manager can help identify buffer plants that are native to your region.

When it comes to quickly and effectively managing nuisance aquatic weeds and algae, EPA-registered herbicides and algaecides can be very useful, and in many instances, they are the safest and most practical option available. Nonetheless, natural and proactive pond maintenance techniques can be tremendously effective at improving the health and appearance of almost any community waterbody before a problem occurs, which is why it’s important for homeowners associations and property managers to consider sustainable and holistic plant management methods whenever possible.

SCHEDULE AN ASSESSMENT

SOLitude Lake Management
Josh McGarry
Business Development Consultant
SOLitude Lake Management
Info@solitudelake.com
(888)480-5253

 

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RSVP for Free Hot Breakfast and Seminar

RSVP for Free Hot Breakfast and Seminar

  • Posted: Jun 11, 2022
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The West Palm Breakfast Group
Wed., June 15, 2022 | 7:30am | PBI Airport Hilton
Peter C. Mollengarden, Esq., from KBR, with also be there.
Not close to Palm Beach Airport, or know of someone who will benefit from this seminar?
Please feel free to share this email!
“Protecting Your Community with Security Technology”
Course #: 9631505 | Provider #: 0008280 | 1 CE credit in OPP for CAMS
Courses presented by: Tatiana Yaques of CCTV
and
“40-Year Recertification Inspections & Process”
Course #: 9629296 | Provider #: 0006881 | 1 CE credit as Elective for CAMS
Courses presented by: David Riddle, PE, MBA | The Falcon Group
There will be a delicious, free hot breakfast and door prizes!
Airport (PBI) HILTON: 150 Australian Ave | West Palm Beach, FL 33406
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Florida Senate Bill 2-D and 4-D: What You Need to Know! by Cohen Law Group

Florida Senate Bill 2-D and 4-D: What You Need to Know! by Cohen Law Group

  • Posted: Jun 08, 2022
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At Cohen Law Group, It’s About Justice!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.
(407) 478-4878
Stormwater Specialists can help make sure your HOA’s storm drains are operating properly!

Stormwater Specialists can help make sure your HOA’s storm drains are operating properly!

  • Posted: Jun 08, 2022
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Rain rain… finally went away…
Did your phone ring this weekend?

“The parking lot is flooded!”

Can’t remember when the last time you had an inspection and cleaning of your HOA storm drains? We can help!
Contact us today to find out how our Stormwater Specialists can help make sure your HOA’s storm drains are operating properly!
Contact Information:
954-382-9766
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Allstate Resource Management | 6900 S.W. 21st Court, Bldg. 9, Davie, FL 33404
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Restore your lake with hydro-raking and enjoy it for years to come. by SOLitude

Restore your lake with hydro-raking and enjoy it for years to come. by SOLitude

  • Posted: Jun 07, 2022
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Hydro-raking helps prolong the longevity of lakes by scooping and removing aquatic weeds and dense muck from the water.

When you step into your lake, do you step into thick, foul-smelling muck? Maybe invasive weeds are hindering your view of the beautiful water?

Remove Nuisance Aquatic Plants and Accumulated Muck with Hydro-raking

Whether you enjoy fishing, boating, or swimming, nearly everyone has a lasting memory that centers around a great experience at a lake or pond. Unfortunately, the effects of time can slowly alter the appearance of a waterbody until it no longer resembles the place you fondly remember. Just as you age, lakes and ponds have a lifespan that is dependent on many factors, including vegetation growth, muck buildup, and more. If it is not properly managed, a body of water will eventually fill in with organic materials until it is no more than a small puddle. Luckily, there are strategies available to help restore the longevity of your favorite lake or pond.

Paragraph 2 - _hydro-rakes can operate.._

Hydro-raking is a tried and true solution to help restore mature waterbodies.

Hydro-rakes can operate in most bodies of water, including those as shallow as 18 inches, and up to depths of 10 feet. A hydro-rake is best described as a floating barge containing a mounted backhoe arm (boom and dipper) with a York rake attachment. These attachments are used to scoop organic materials out of the waterbody, with the ultimate goal of improving water quality, increasing water volume, reducing bad odors, and creating a healthier, more balanced aquatic ecosystem. Most often, this entails the removal of decaying organic matter, leaf litter, tree branches, nuisance or invasive plant species, and other debris from the waterbody.

Paragraph 3 - While native aquatic plants...

Invasive Plant Removal

While native aquatic plants are often beneficial for lakes and ponds, the presence of certain nuisance and invasive species can cause the balance of an ecosystem to spiral out of control. Invasive milfoil, fanwort, and water chestnut, for instance, create dense mats in the water that block sunlight and exhaust dissolved oxygen. These invasive plants reproduce rapidly through both seed propagation and fragmentation. Native plants like cattails and water lilies can also be considered undesirable, depending on the extent of growth and the management goals for the waterbody. Lake and pond owners may utilize hydro-raking to physically remove nuisance and invasive plants. Depending on the undesirable plants present, a professional lake manager may recommend time frames throughout the year most conducive to plant removal via hydro-rake. An effective hydro-raking project will be completed at times when plant fragmentation is least likely in order to ensure lasting results.

hydrorake tinkwig drip

Seasonal Control of Aquatic Weeds

A professional lake manager can design a hydro-raking plan that provides seasonal management of submersed plants and at least 2-3 years of management for floating leaf and emergent species. For particularly dense invasive species infestations, the strategic application of EPA-registered aquatic herbicides may also be necessary to ensure thorough management of the problematic plant. While hydro-raking serves as an effective management tool for the removal of rooted and submersed nuisance plant species, other species can be best managed with additional strategies, like mechanical harvesting, which targets algae and floating leaf plant species such as water hyacinth and giant salvinia.

hydro-raking filling the dredgesox

Utilizing Hydro-raking to Restore Eroded Shorelines

Your waterbody does not need to be overrun with undesirable plants to experience the positive results of a hydro-raking project. Often, it is the best management solution for lakes and ponds containing thick bottom sludge or years of accumulated muck. A hydro-rake can collect up to 500 pounds of muck in each scoop and deposit it on the shore for off-site disposal. Or, the muck can be used to reshape crumbling shorelines using a patented bio-engineered shoreline system called SOX Solutions.

organic muck removal - sediment removal services - dredging services - hydro-raking and mechanical harvesting

Removing Nutrient-Rich Organic Muck

The removal of this muck can be a critical turning point for a lake or pond suffering from poor water quality, bad odors, flooding issues, or nutrient pollution. As leaves, grass clippings, trash, and other debris are swept into a waterbody by runoff during rainstorms, they begin to decompose. This causes them to release unnaturally high levels of nutrients that fuel invasive plant infestations as well as Harmful Algal Blooms, which can produce dangerous toxins with suspected links to degenerative diseases like Parkinson’s, Alzheimer’s, and ALS.

The removal of this nutrient-rich organic material can prevent undesirable plant and algae growth while improving water quality and volume. Ultimately, the best method to ensure your lake or pond maintains its health is preventative management. Biological dredging, for instance, utilizes beneficial bacteria to naturally eliminate excess muck at the bottom of a waterbody. This management tool is excellent for lakes and ponds in need of minor spot dredging or upkeep. Other proactive strategies aimed at reducing muck build-up and nutrient loading include buffer management, nutrient remediation, and aeration tools.

Mechanical Dredge

Restoring Depth in Aging Waterbodies

Hydro-raking can be extremely effective at removing plant matter, organic material, and debris, but mechanical dredging or hydraulic dredging can serve as transformative solutions that will increase depths and remove plant fragments, sediment, and other debris from the site. Though typically thought of as costly and more disruptive, dredging is often the best approach for lakes and ponds that have been neglected or misused for long periods of time. And with the help of bathymetric mapping technology, your lake management professional can help you quantify the rate of sedimentation and predict when dredging will eventually need to take place. With this information, you can better budget for and strategize your future dredging project. It’s never too early—or late—to begin implementing strategies that restore your waterbody for lasting beauty and enjoyment for years to come!

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Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

  • Posted: May 27, 2022
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Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

What does this bill entail?

  • Recertification is now required after 30 years, or 25 years if the building is within 3 miles (5 kilometers) of the coast, and every 10 years thereafter.
  • Condominium associations would be required to maintain sufficient reserves to cover major repairs, and to conduct a study of the reserves every 10 years. Inspection reports would be provided to owners by the condominium association, and if structural repairs are required, owners would be notified and work must start within a year of the report given.
  • If the building’s certificate of occupancy was issued on or before July 1, 1992, the building’s initial milestone inspection must be performed before December 31, 2024.

 

The structural integrity reserve study at a minimum, must include:

  • Roof.
  • Load-bearing walls or other primary structural members.
  • Floor.
  • Foundation.
  • Fireproofing and fire protection systems.
  • Plumbing.
  • Electrical systems.
  • Waterproofing and exterior painting.
  • Windows.
  • Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study.

Looking ahead:

The State of Florida Property Management Association (sfpma.com) and the many members are offering their services.  On our members directory Condo & HOA’s all over the state can find the top rated companies to handle their buildings inspections, engineering, fire safety inspections, roofers, painting and waterproofing, plumbers and electricians for all of your Building Maintenance repairs.

On top of these are the Law Firms, that help with making sure your buildings are legaly ready for the changes.

We understand with all of these changes each condo and hoa will need help with funding the reserves into the future, so we did not forget this: Our industry members include the top financial companies, ie: Banks and Loan companies ready to help wth your investments. Act now start saving and growing your reserves, at times you will also need to get  your accounting and bookkeeping with the added help from our collections members to make sure you cn get the funding to perform the many needed repairs.

SFPMA MEMBERS DIRECTORY IN FLORIDA FIND MEMBER COMPANIES FROM TALLAHASSEE TO THE KEYS.

Largest Florida Directory of Companies working with Property Management, Condo and HOA properties.

If you are not listed become a member today!

Florida passes condominium safety bill in wake of Surfside

Florida passes condominium safety bill in wake of Surfside

  • Posted: May 27, 2022
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A bill has been sent to Florida’s governor that would require statewide recertification of condominiums over three stories tall, in response to the Surfside building collapse that killed 98 people

TALLAHASSEE, Fla. — Florida would require statewide recertification of condominiums over three stories tall under a bill sent Wednesday to Republican Gov. Ron DeSantis by lawmakers, their legislation a response to the Surfside building collapse that killed 98 people.

The House unanimously passed the bill during a special session originally called to address skyrocketing property insurance rates. The condominium safety bill was added to the agenda Tuesday after an agreement was reached between the House and Senate.

Recertification would be required after 30 years, or 25 years if the building is within 3 miles (5 kilometers) of the coast, and every 10 years thereafter. The Champlain Towers South was 40 years old and was going through the 40-year-recertification process required by Miami-Dade County when it collapsed last June.

At the time, Miami-Dade and Broward counties were the only two of the state’s 67 that had condominium recertification programs.

“We have actually made positive change knowing that condominiums will be safer moving forward,” said Republican Rep. Daniel Perez.

The bill would require that condominium associations have sufficient reserves to pay for major repairs and conduct a study of the reserves every decade. It would also require condominium associations to provide inspection reports to owners, and if structural repairs are needed, work must begin within a year of the report.

Similar legislation failed during the regular session that ended in March.

The condominium measure was attached to a bill that would forbid insurers from automatically denying coverage because of a roof’s age if the roof is less than 15 years old. Homeowners with roofs 15 years or older would be allowed to get an inspection before insurers deny them coverage.

While some Democratic lawmakers complained that the special session on insurance didn’t go far enough to help relieve homeowners, they did praise the addition of the condominium safety legislation.

“This bill makes this trip worth it, at least for me,” said Democratic Rep. Michael Grieco, whose district borders Surfside. “I know folks who lost people in that building.”

Recertification would be required after 30 years — or 25 years if the building is within three miles of the coast — and every 10 years thereafter.

The House sent the bill to Republican Gov. Ron DeSantis on Wednesday.

The House unanimously passed the legislation during a special session on skyrocketing property insurance rates.

Recertification would be required after 30 years — or 25 years if the building is within three miles of the coast — and every 10 years thereafter.

Nearly a year after the catastrophic collapse of Champlain Towers South in Surfside, Florida lawmakers on Wednesday gave final approval to legislation that will require condominium association boards to set aside money in reserves to cover future repairs starting in 2025. Current law allows them to waive the requirement.

“They are allowed to do that, and most of them are doing that today. They’re doing that because they are kicking the can down the road and not wanting the cost,” said state Rep. Danny Perez, R-Miami. “So moving forward, the structural integrity of a condominium will be reserved, they will be maintained, and they will be kept up to par so that future condominiums never have to worry about another Surfside taking place.”

The measure, which was approved by the House on a 110-0 vote and now heads to Gov. Ron DeSantis, would also require condo boards to conduct reserve studies every decade to make sure they have the resources to finance needed structural repairs. The proposal would also open up condo board members — many of them volunteers — to lawsuits if they ignore inspection requirements.

At play in Florida will be how to mandate reserves and maintenance to prevent tragedy and prepare associations who will need to make decisions that will likely cost homeowners more money.

“The compliance timeline is a few years away to afford an opportunity to smoothly transition,” the Senate sponsor of the bill, Sen. Jennifer Bradley, R-Fleming Island, said. “Additionally, the Legislature will remain engaged as condos and associations work to implement these changes.”

Bradley said she knows the changes to the state’s condo law will be a disruption to the status quo for many condos, but she says, “the safety of Floridians must come first.”

‘First-of-its-kind’ inspection requirements

“The creation of a first-of-its-kind statewide system of milestone inspections for our aging condos and providing transparency and disclosure to local officials, unit owners, and renters are significant measures that will save lives,” Bradley said.

There would be two phases to inspections. If a visual inspection by a licensed architect or engineer authorized to practice in Florida reveals no signs of substantial structural deterioration, no further action is necessary until the next required inspection. If structural deterioration is detected, a second phase of testing is required to determine whether the building is structurally sound.

The changes to the state’s condo laws emerged on Tuesday afternoon during a special session that Gov. Ron DeSantis called to address Florida’s failing property insurance market. The deal came after months of negotiations between lawmakers.

On Wednesday, Perez said the reserves provision was “the most important” part of the bill. House Speaker Chris Sprowls, R-Palm Harbor, thanked him for standing his ground, telling him that “people in the state of Florida are safer because of your efforts.”

 

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