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GET READY FOR HURRICANE SEASON WITH OUR NEWEST MEMBER – Claremont Property Co

GET READY FOR HURRICANE SEASON WITH OUR NEWEST MEMBER – Claremont Property Co

  • Posted: Jul 24, 2024
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Claremont Property Co. recently opened its new office in Bonita Springs, Florida, and it is helping rebuild our beautiful West Coast after Hurricane Ian. They joined SFPMA to offer their services to Boards and Managers all over Florida. View their website, learn more about the services they offer!

They started in 1995 and are headquartered in Houston, Texas. They have additional offices in Dallas, Texas, Wilmington, North Carolina, Charleston and Myrtle Beach, South Carolina, Fort Lauderdale, Destin, and Panama City, Florida, and Mobile and Orange Beach, Alabama.

They can service your property needs just about anywhere your property is located.

Whether your property has been impacted by a loss from fire, water, hail, wind or you simply need improvements to your property, their many years of experience allows them to provide you with the complete spectrum of remediation, roofing, and general contracting services.

Their list of services include:

·    Claims Advocacy

·    Emergency Services

·    Remediation Services

·    Restoration Services

·    Roofing Services

·    Pre-Loss Services

Their management team has decades of collective practice managing large scale commercial, multi-family, and hospitality projects from the design stages through completion. They have helped their clients settle millions of dollars in insurance claims and completed tens of thousands of square feet of demolition, mitigation, restoration, and roofing projects along the way.

For more information, please visit their website at www.cpc-tx.com or contact Diana Kato, Business Developer, Email: Diana@cpc-tx.com    Cell: 954-832-4573.


SFPMA.com

SFPMA works throughout the State of Florida, we are a multi-member organization for the Condo, HOA and Property Management industry. Through knowledge based Articles, Events and our Members Directory, Clients find the right information to make an informed decisions for their Florida properties.

 

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Condominium owners in St. Petersburg face towering uncertainty as over 200 buildings must complete Milestone Inspection Reports by Dec. 31.

Condominium owners in St. Petersburg face towering uncertainty as over 200 buildings must complete Milestone Inspection Reports by Dec. 31.

A new state law requires mandatory structural studies on older condo buildings with three or more stories. Senate Bill 4-D also requires association boards to increase repair funding reserves, and many owners now face six-figure special assessment fees.

 Don Tyre, building official manager, provided city council members an update on the local process at a July 11 committee meeting. He noted that 225 condo buildings must submit reinspection reports this year, as all exist within three miles of the coast.

“I’m hoping to get three-quarters of the buildings to submit by December,” Tyre said. “There are going to be some issues; this is a new regulatory requirement. There’s only so many engineering firms that do this work.”

He said bill provisions allow deadline extension in some extenuating circumstances. The city will address delinquent buildings on a “case-by-case basis.”

The legislation, passed in May 2022, stems from the Chaplain South Tower’s collapse in Surfside, Florida. The catastrophe – still under investigation and blamed on several factors – killed 98 people on June 24, 2021.

 

Miami-Dade and Broward Counties were the only jurisdictions to mandate structural inspection programs for existing buildings before the collapse. The local ordinances required buildings over 40 years old to receive a 10-year recertification.

SB 4-D established a 25 or 30-year program for cooperative and condo buildings. Those within three miles of a coastline and built before July 1, 1997, must abide by the earlier timeframe.

“That’s, basically, what we’re going to be following – a 25-year inspection program with a 10-year reinspection portion,” Tyre said. “December of this year is the big date. It’s been postponed once; I don’t anticipate it being postponed again.”

He noted that 68 of the 225 buildings have submitted milestone reports. The legislation also applies to commercial structures of any height with an occupancy limit exceeding 500 people.

Local governments must submit a 180-day notice to affected owners and associations. St. Petersburg issued those forms June 28.

Tyre explained Phase I is a visual inspection from an architect or engineer to discern “any possible substantial structural deterioration.” Those could require further evaluations, and stakeholders must submit a Phase II Inspection report within 180 days.

“The responsibility falls to the condo ownership group and architectural or engineering firm they hire to provide that documentation,” Tyre added. “If they deem it necessary to go into a Phase II inspection, that’s a more forensic investigation.”

He said that could include building material sample testing, movement measurements, soil studies and “a number of different building imaging options.” The owners have one year to pull permits and start repairs if the architectural or engineering firm finds significant deterioration.

“If there’s a life safety issue, that’s when we (the city) would step in as a regulatory authority,” Tyre said. “And potentially, either evacuate the building or a portion of the building – it could be limited to just a small area, like a couple of balconies or something like that.

“There’s going to be some condo associations or buildings that will require a deeper review.”

Tyre said the inspections focus on structural integrity rather than code violations and fall outside the city’s scope. However, building officials will provide oversight.

Councilmember Brandi Gabbard requested the update and noted that received reports would constitute municipal public records. She said that would help inform prospective buyers.

“Anybody who has ever bought or sold a condo knows that sometimes it is challenging to get all of the documentation regarding the condo association the way it is now,” Gabbard said. “But then when you add this on top of it, and the type of reserves that we could potentially see being increased, there is some concern over transparency …”

Tyre said building officials must redact some information, and residents must submit a formal public records request to receive documentation. Elizabeth Abernethy, director of planning and development services, said they could explore creating an online portal to streamline the process.

The legislation allows local governments to implement a fee for reviewing submitted inspection reports. Abernethy believes the city has adequate staff to “get through this initial push and wouldn’t be necessary to charge an additional fee for review those reports.”

However, buildings needing repairs must pay associated permitting costs. Gabbard said she has “no desire” to require additional payments.

“Some of these reserve needs are going to be pretty hefty,” she added. “I don’t think we need to pile on.”

Thank You for the contribution of this article so others can learn.

Published on July 16, 2024 By

Florida Condo Building Inspections (SB4d)

The State of Florida  Property Management Association with Legal & Engineering Members are here to  provide help so you understand the new laws and how to take the correct action to ensure you are in full compliance.

http://FLBuildingInspections.com  (a division of SFPMA)

 

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Call Chuck’s Painting Inc. Today for All Your Residential, Commercial and Industrial Painting Needs 

Call Chuck’s Painting Inc. Today for All Your Residential, Commercial and Industrial Painting Needs 

  • Posted: Jul 15, 2024
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Call Chuck’s Painting Inc. Today for All Your Residential, Commercial and Industrial Painting Needs 

A1 Chuck’s Painting

Alex Manganiello
Owner/President
Cell: 954-868-0494
Fax: 954-966-3371
E-Mail: a1chuckspainting@yahoo.com

 

We are a full service painting company we provide the highest level of quality and service and we are capable of handling all of your painting needs. We specialize in Interior/Exterior Residential painting Townhouse communities Condominium communities Commercial buildings Shopping Plazas and Business Parks.

 

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Top 10 Common Property Code Violations: Are You in the Clear?

Top 10 Common Property Code Violations: Are You in the Clear?

  • Posted: Jul 15, 2024
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Owning property comes with responsibilities, including staying up to date with property codes. Check out our latest blog post to learn about the top 10 common property code violations and how to avoid them!
🔹 Overgrown lawns
🔹 Improper waste disposal
🔹 Unpermitted construction
🔹 And more!
Stay informed and keep your property in compliance.
Need help with compliance or any property concerns? Contact us today:
📞 954-786-7292
📧 info@aruba-services.com
The Florida Legislature has been hard at work trying to address water quality issues throughout the state.

The Florida Legislature has been hard at work trying to address water quality issues throughout the state.

  • Posted: Jul 15, 2024
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Some of those issues start with failing septic systems.

To help solve the problem, lawmakers passed new septic system requirements in Florida. Take a look below to get up to speed on these new requirements and their deadlines.

A septic system, also known as an onsite wastewater treatment system (OWTS), is a system that treats wastewater from a home and allows it to be absorbed by the soil without causing contamination or odor. It typically consists of a septic tank and a drainfield:
  • Septic tank
    A watertight, underground chamber that holds wastewater long enough for solids to settle and grease and oil to float. The tank is usually made of concrete, fiberglass, or polyethylene and has compartments and a T-shaped outlet to prevent sludge and scum from leaving.
  • Drainfield
    A shallow, covered excavation in unsaturated soil where bacteria break down wastewater pollutants. The treated effluent then returns to the property’s soil and groundwater

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Top Erosion Control Solutions for Lakes & Ponds by SOLitude Lake Management

Top Erosion Control Solutions for Lakes & Ponds by SOLitude Lake Management

  • Posted: Jul 07, 2024
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Top Erosion Control Solutions for Lakes & Ponds

by SOLitude Lake Management

Last week, our industry experts convened to talk about common pain points stakeholders experience around their lake and pond shorelines. During our first webinar viewers learned about top solutions for chronic erosion and effective preventative maintenance tools that can be customized for every property.

Viewers also got answers to dozens of questions during a dedicated Q&A following the presentation. These recorded videos will be available to you at all times so you can refresh your memory or catch up on the latest information. We are thankful for our loyal clients and followers and are honored to help you empower yourself with the knowledge needed to prioritize your waterbody!  Direct link to the webinar page

 

 

 

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DO YOU KNOW WHEN YOU AND YOUR RESIDENTS ARE IN DANGER?

DO YOU KNOW WHEN YOU AND YOUR RESIDENTS ARE IN DANGER?

Did you know that condominiums and apartment complexes must be restored every seven (7) years at a minimum? Do buildings within three (3) miles of the coast need to be rehabilitated more frequently due to exposure to chloride ions that can accelerate oxidation of structural reinforcing bars in concrete?
This is what leads to spalling and structural deficiencies that cause cave-ins and collapses.
With us and our experts, you’ll launch with the right plan in place, meet the project milestone, and finish on time and on budget!
For us, your safety and that of all families is the most important thing!
The best way to predict your future is to create it
WELCOME TO SMYTH ENGINEERING!
📲Direct Line: (772) 771-3176
📍Office Location: 369 NE Baker Road Stuart, FL 34994
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Florida Building Inspections By: Structural Engineering and Building Consulting firm – Joe DiPompeo, PE

Florida Building Inspections By: Structural Engineering and Building Consulting firm – Joe DiPompeo, PE

  • Posted: Jun 19, 2024
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Florida Building Inspections

Structural Engineering and Building Consulting firm

By: Joe DiPompeo, PE

Building inspections are a critical component of property management in the state of Florida. They help to ensure that buildings are maintained in good condition and meet building codes, which is essential for protecting both tenants and property owners.

First and foremost, building inspections are necessary to ensure that buildings are compliant with certain codes and regulations. In Florida, building codes are set by the Florida Building Code (FBC), which establishes standards for the construction, maintenance, and repair of buildings in the state. These codes cover everything from electrical and plumbing systems to fire safety and structural integrity. While most codes are applicable to the construction of the building, Florida has significant codes and requirements throughout the life of the building, such as structural and electrical recertification inspections. Failure to comply with these codes can result in fines, legal action, and even the closure of the building.

By conducting regular inspections, property managers can identify any issues that may be in violation of these codes and requirements and take corrective action before they become serious problems. For example, an inspector may find deteriorating structural concrete or issues with the electrical wiring. These issues can be addressed before they put the safety of tenants and the property at risk or become a larger, more expensive problem to fix.

In some places, such as Florida, there are mandatory ordinances which enforce regular building inspections. These inspections should be conducted by a certified Professional Engineer and then file a report with the local building department or and/or state. If these requirements are not met, the property owner or manager will receive a fine.

Furthermore, building inspections can also help property managers identify maintenance needs. Over time, buildings can experience wear and tear, and components can break down. By conducting regular inspections, property managers can identify these issues and take corrective action before they become more serious and costly to repair. This can help to extend the lifespan of the building and save money in the long run.

Moreover, building inspections are essential for protecting property values. Properties that are well-maintained and free of hazards are more attractive to tenants and can command higher rents and sale prices. Regular inspections can help to identify issues that may be causing damage to the building, such as water leaks or structural issues. By addressing these issues early, property managers can prevent further damage and ensure that the building maintains its value.

Finally, building inspections can also provide peace of mind for property owners and tenants alike. By knowing that the building is being regularly inspected and maintained, owners can be confident that their investment is being protected. Tenants, on the other hand, can feel reassured that they are living in a safe and well-maintained environment.

In conclusion, building inspections are a crucial part of property management in Florida. They help to ensure compliance with building codes and regulations, identify potential hazards, identify maintenance needs, protect property values, and provide peace of mind for owners and tenants. By conducting regular inspections, property managers can prevent serious problems from occurring and ensure that their buildings are safe and well-maintained and compliant with state and local requirements.

Structural Workshop

Structural Engineering and Building Consulting firm

754-277-4245

info@structuralworkshop.com

Contact us for an Inspection. 

 

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Drones capture thousands of high-quality photos as they move in and around buildings at different altitudes.

Drones capture thousands of high-quality photos as they move in and around buildings at different altitudes.

  • Posted: Jun 19, 2024
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Drones capture thousands of high-quality photos as they move in and around buildings at different altitudes.

Performing drone inspections on a consistent basis allows property managers to observe time-dependent changes such as concrete deterioration, roof wear and tear, and hurricane damage.
At SRI, our FAA-certified pilots perform drone surveys of residential and commercial properties throughout South Florida.
Learn more about our drone services @ https://ow.ly/Qy6u50QWZNw

DRONE SURVEYS

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Drones take many videos and high-quality photos as they move in and around buildings at different altitudes. In a single mission, hundreds of data points can be captured for later use. That data provides a historical record to aid in insurance claims, maintenance and future renovations. At SRI, our FAA-certified pilots perform drone surveys of residential and commercial properties throughout South Florida. We use Catalogger image management software to easily store, search and access image and video data.

FAA-Certified Drone Pilots

All of our pilots have passed the FAA’s Small UAS Rule (Part 107) examination and maintain their flying credentials by passing recurrent examinations every two years.

Image Management with Catalogger
With a simple interface, Catalogger allows users to quickly access and share drone survey photos to guide maintenance, repair, and improvement projects. Image data is stored on the cloud and can be viewed on multiple devices via a password-protected portal.
Mission Planning With Recorded GPS Coordinates

Allows for repeated flights along the same path. Missions can be scheduled periodically to observe time-dependent changes such as concrete deterioration, roof wear and tear, hurricane damage, and modifications to surrounding structures.

Catalogger image management system logo
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Architectural Committees Formal Procedures, Published Standards, and Self Help by REMBAUM’S ASSOCIATION ROUNDUP

Architectural Committees Formal Procedures, Published Standards, and Self Help by REMBAUM’S ASSOCIATION ROUNDUP

  • Posted: Jun 19, 2024
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Architectural Committees Formal Procedures, Published Standards, and Self Help

by REMBAUM’S ASSOCIATION ROUNDUP

Formal Procedures

There are strict legal requirements that a homeowners’ association’s (HOA) architectural review committee (ARC) must follow, most especially if the ARC intends to deny an owner’s request. As this author has witnessed countless times, it is likely that many ARCs do not conduct their activities in conformity with Florida law such that an ARC denial may not withstand judicial scrutiny. If these legal requirements are not followed, and the ARC denies the owner’s architectural request, then it would be quite easy for the owner to challenge the ARC’s decision and prevail. Upon prevailing, the owner would be entitled to their prevailing party attorney’s fees and costs, as well. It is so easy to avoid this outcome, yet so few associations take the time to do it right.

Pursuant to §720.303(2), Florida Statutes, a meeting of the ARC is required to be open and noticed in the same manner as a meeting of the association’s board of directors. Notice of the ARC meeting must be posted in a conspicuous place in the community at least 48 hours in advance of the meeting, and the meeting must be open for all members to attend. Further, pursuant to §720.303(2)(c)(3), Florida Statutes, members of the ARC are not permitted to vote by proxy or secret ballot. Also, bare bone minutes should be taken to create a record of ARC decisions—especially denials.

We often hear from many HOAs that the ARC does not meet openly and does not notice their meetings. This leaves decisions made by the ARC vulnerable to challenge. If the ARC denies an application but fails to do so at a properly noticed board meeting, the owner can challenge the denial, claiming that it is not valid because the ARC did not follow proper procedure. In such cases, the ARC’s denial of an application is not valid because the ARC failed to comply with the procedural requirements for the meeting even if an application violates the declaration or other association-adopted architectural standards. However, by complying with the provisions of Chapter 720, Florida Statutes, your HOA can work to avoid this debacle.

 

 

Published Standards

Often a top priority for an HOA is ensuring that homes in the community maintain a harmonious architectural scheme in conformity with community standards and guidelines, and because the ARC is at the frontline of owners’ alterations and improvements to their homes, it is instrumental in ensuring that the community standards and guidelines are met. Pursuant to §720.3035(1), Florida Statutes, an HOA, or the ARC, “has the authority to review and approve plans and specifications only to the extent that the authority is specifically stated or reasonably inferred as to location, size, type, or appearance in the declaration or other published guidelines and standards.” But not every owner request is typically addressed in the declaration or other published guidelines and standards. If not, then the association may not be in a good position for proper denial. Therefore, the ARC is only as effective as the objective guidelines and standards (set forth in the declaration and other published guidelines and standards) are inclusive. So, what is the association to do when the ARC receives an owner’s application for an alteration to the home, but the association does not have any architectural guidelines or standards regulating the requested alteration?

While not court tested yet, a possible solution for this conundrum is to include a “catch-all” provision in the declaration to proactively address those ARC applications where a member may request a modification that is not directly addressed by the governing documents. Such a “catch-all” provision stands for the proposition that, if such a request is made, then the existing state of the community is the applicable standard by which the ARC application is to be judged. For example, imagine if an owner applies to the ARC to paint the owner’s house pink. If there are no architectural guidelines or standards that address what color a house must be, and there are no pink houses in the community, then the existing state of the community may provide a lawful basis for the ARC to deny the request because there are no existing pink houses in the community.

The Trouble With Self-Help Provisions

What if an owner refuses to maintain the owner’s property, such as pressure washing a dirty roof, despite the HOA sending demand letters, levying a fine, and perhaps even suspending the owner’s right to use the HOA’s recreational facilities? What is the HOA’s next step? Is it time to file a lawsuit to compel compliance? Well, Chapter 718 (governing condominiums), Chapter 719 (governing cooperatives), and Chapter 720 (governing HOAs) of the Florida Statutes authorize the association to bring an action at law or in equity to enforce the provisions of the declaration against the owner. Additionally, many declarations contain “self-help” language that authorizes the association to cure a violation on behalf of the owner and even, at times, assess the owner for the costs of doing so. These “self-help” provisions generally contain permissive language, meaning the association, may, but is not obligated to, cure the violation. Sadly, in this instance the word “may” means “shall,” and to find out why, read on.

There is a general legal principal that, if a claimant has a remedy at law (e.g., the ability to recover money damages under a contract), then it lacks the legal basis to pursue a remedy in equity (e.g., an action for injunctive relief). Remember, too, that an association’s declaration is a contract. In the context of an association, the legal remedy would be exercising the “self-help” authority granted in the declaration. An equitable remedy would be bringing an action seeking an injunction to compel an owner to take action to comply with the declaration. Generally, a court will only award an equitable remedy when the legal remedy is unavailable, insufficient, or inadequate.

Assume that the association’s declaration contains both the permissive “self-help” remedy and the right to seek an injunction from the court. Accordingly, it would appear the association has a decision to make—go to court to seek the injunction or enter onto the owner’s property, cure the violation, and assess the costs of same to the owner. However, recent Florida case law affirmed a complication to what should be a simple decision. In two cases decided ten years apart, Alorda v. Sutton Place Homeowners Association, Inc., 82 So.3d 1077 (Fla. 2nd DCA 2012) and Mauriello v. Property Owners Association of Lake Parker Estates, Inc., 337 So.3d 484 (Fla. 2nd DCA 2022), Florida’s Second District Court of Appeal decided that an association did not have the right to seek an injunction to compel an owner to comply with the declaration if the declaration provided the association the authority, but not the obligation, to engage in “self-help” to remedy the violation. Expressed simply, this is because the legal contractually based “self-help” remedy must be employed before one can rely upon equitable remedy of an injunction. Therefore, even though the declaration provided for an optional remedy of “self-help,” it must be used before seeking the equitable remedy of an injunction.

In Alorda, the owners failed to provide the association with proof of insurance required by the declaration. Although the declaration allowed the association to obtain the required insurance, the association filed a complaint against the owners seeking injunctive relief, asking the court to enter a permanent mandatory injunction requiring the owners to obtain the requested insurance. The owners successfully argued that even though they violated the declaration, the equitable remedy of an injunction was not available because the association already had an adequate legal remedy—the “self-help” option of purchasing the required insurance and assessing them for same. The Court agreed.

In Mauriello, the declaration contained similar language as in Alorda but involved the issue of the owners failing to keep their lawn and landscaping in good condition as required by the declaration. The association filed a complaint seeking a mandatory injunction ordering the owners to keep their lawn and landscaping in a neat condition. However, the facts were complicated by the sale of the home in the middle of the suit when the new owners voluntarily brought the home into compliance with the declaration. The parties continued to fight over who was entitled to prevailing party attorney’s fees with the association arguing it was entitled to same because the voluntary compliance was only obtained after the association was forced to commence legal action. The owners, citing Alorda, argued that the complaint should have been dismissed at the onset because the association sought an equitable remedy (injunction) when a legal remedy was already available—the exercise of its “self-help” authority. The Court considered the award of attorney’s fees after the dismissal of the association’s action for an injunction. Ultimately, the Court held that the owners were the prevailing party as the association could not seek the injunction because it already had an adequate remedy at law.

Accordingly, if your association’s declaration contains a “self-help” provision, and your association desires to seek an injunction against an owner rather than pursue “self-help,” the board should discuss the issue in greater detail with the association’s legal counsel prior to proceeding. Also, remember that if the association wants to enforce architectural standards, then they must be published to the membership; and always remember to notice ARC meetings and take minutes.

 

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Does your building’s exterior need a facelift? Our team of experts specializes in building maintenance and exterior services, from high-rise window cleaning to garage restoration.

Does your building’s exterior need a facelift? Our team of experts specializes in building maintenance and exterior services, from high-rise window cleaning to garage restoration.

  • Posted: Jun 19, 2024
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Does your building’s exterior need a facelift?

Well it now the Building Inspection! and Your Condo needs this NOW!

Our team of experts specializes in building maintenance and exterior services, from high-rise window cleaning to garage restoration.

Don’t miss out on this opportunity to revamp your building’s look and enjoy a delicious meal on us!

Contact us today to schedule your estimate.

Our Expertise

Our 20+ years expertise in this industry guarantees our work will exceed your expectations.

HIGH-RISE WINDOW CLEANING

FALL PROTECTION

CONCRETE REPAIR & RESTORATION

POWER WASHING & WATERPROOFING

GLASS WINDOW REPLACEMENT

FISP SAFETY INSPECTIONS

 


Why Choose Thompson

Our core values lies in exceeding expectations for our clients, with a focus on accurate quotes, quality work, and the overall positive customer experience. 

Our Expertise

Our 10+ years expertise in this industry guarantees our work will exceed your expectations.

Accurate Quotes

We meet with your team for a quick walkthrough to determine options available within your budget.

Customer Care

We are confident that our customer experience will always be top-notch.

Contact Us:

LET’S CHAT!   (732) 997-8138

 

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