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SECURING YOUR GATED COMMUNITY Exactly Who Is Allowed In? by KBR Legal

SECURING YOUR GATED COMMUNITY Exactly Who Is Allowed In? by KBR Legal

  • Posted: May 20, 2024
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SECURING YOUR GATED COMMUNITY  Exactly Who Is Allowed In?

by  Kaye Bender Rembaum

 

While living in a gated community can add peace of mind for the residents who live behind the gates, there are many important considerations for the association when crafting rules and regulations regarding who may and who may not be permitted to enter the community. In today’s gated communities, there are three entry control options: (i) live personnel to monitor the gate, (ii) a virtual gate guard where the gate guard who allows guests to pass through is off-site and monitoring electronically, or (iii) a simple call box.

Many associations adopt rules which require visitors to the community to present valid identification to ensure that the visitors are authorized by the association or a resident to enter the community. But, what kind of identification can an association require? Are there limits? In the end, the association must balance its interest in ensuring that only authorized visitors enter the community with the rights of the owners and the visitors entering the community.

One question which bears analysis is, is the association permitted to “swipe” a driver license? Section 322.143, Fla. Stat. (2021), defines “swiping” a driver license as the act of passing a driver license or identification card through a device that is “capable of deciphering, in an electronically readable format, the information electronically encoded in a magnetic strip or bar code on the driver license or identification.”

Pursuant to §322.143, Fla. Stat. (2021), a private entity is not permitted to “swipe” an individual’s driver license or identification card to capture and store information contained in the magnetic strip unless the individual consents to allow this, and the association informs the individual what information will be collected and the purpose or purposes for which it will be used. However, an exception exists in that the association is allowed to “swipe” the driver license to verify the authenticity of the driver license, as long as the association is not capturing and storing the information on the magnetic strip. More specifically, §322.143(2)(a), Fla. Stat. (2021), provides, in pertinent part, the following:

    (2) Except as provided in subsection (6), a private entity may not swipe an individual’s driver license or identification card, except for the following purposes:

        (a) To verify the authenticity of a driver license or identification card or to verify the identity of the individual if the individual pays for a good or service with a method other than cash, returns an item, or requests a refund.

 

 

In accordance with the foregoing, an association is permitted to “swipe” a driver license but is not permitted to store, sell, or share the personal information collected from swiping the driver license. Although swiping without storing the information is permitted, this author recommends that the association fully avoid swiping the driver license. If the information was inadvertently or even temporarily stored on the device that the association used to swipe the driver license, the association would be in violation of this statute. Note that manually collecting personal information or making a photocopy or other copy of the front of the driver license is not prohibited by the statute and is a far safer practice.

Another question worth addressing is, can the association require a valid United States driver license for any drivers entering the community? Be warned, such a requirement could land the association in hot water. Although the association can likely require any driver entering the community to have a valid driver license, the association cannot require that the license be issued in the United States.

Pursuant to §322.04(1), Fla. Stat. (2021), “a nonresident who is at least 16 years of age and who has in his or her immediate possession a valid noncommercial driver license issued to the nonresident in his or her home state or country” is permitted to operate a vehicle without a Florida license. In other words, a driver with a proper license in another state or another country is legally permitted to drive in Florida as long as they have their valid noncommercial driver license in their possession. Similarly, an association should accept a valid license issued from another state or country for entry into the community.

If the above is not enough to encourage your associations to accept driver licenses from all countries and states, consider that a policy requiring a driver license issued in the United States may be considered a violation of the Fair Housing Act in that doing so may be deemed discrimination based upon national origin and may form the basis of a discrimination lawsuit based on disparate treatment or disparate impact. “Disparate treatment” is an intentional form of discrimination, whereas “disparate impact” discrimination occurs when a policy has an unintentional negative effect on members of a protected class. Thus, while this author is not aware of any such appellate decisions issued in the State of Florida, the last thing any association needs is to be the first defendant in such a Fair Housing Act lawsuit.

 

With regard to all rules adopted by the board of the association, rules regarding who can enter the community are only enforceable if they are within the board’s scope of authority and are reasonable for the purpose. If a rule is outside the board’s scope of authority as set out in the governing documents of the association, or if the rule represents arbitrary or capricious decision-making, such rule will not be enforceable. When adopting rules, remember the following:

  1. The board or the body making the rule must have authority from the governing documents or statute to adopt the rule.
  2. The rule cannot conflict with any rights afforded by documents of higher priority, whether express or implied rights.
  3. The rule must be reasonable. Reasonableness is hard to define, but the case law provides that the rule must be rationally related to a legitimate association objective. The rule cannot be wholly arbitrary or capricious.
  4. The rule cannot contravene any law or compelling public policies.
  5. The rule must be adopted in a procedurally correct manner, which includes proper notice.

 

On a different note, remember that material alterations to the gate area may require a vote of the membership.

In regard to official records and as to homeowners associations, §720.303(5)(c), Fla. Stat. (2021), provides, in relevant part, that although part of the official records of the association, “[i]nformation an association obtains in a gated community in connection with guests’ visits to parcel owners or community residents” are not accessible to members.

As is evident from this discussion, there are many different issues to take into consideration when drafting rules governing who is permitted in your community. To ensure that your rules comply with Florida law, we recommend that the association have its counsel review any rules prior to their adoption.

Jeffrey A. Rembaum, Esq., BCS

Jeffrey Rembaum’s, Esq. legal practice consists of representation of condominium, homeowners, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of “Rembaum’s Association Roundup,” an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list, and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.

 



If you are looking for a company to help with securing your Gates, Doors to your Amenities, Our members can help.

Florida’s Top Access Control System Companies, CCTV, Security Gates and Card Readers. keeping your properties safe and secure. State Approved Members of SFPMA

Search for Security & Access Control Members

 

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Building Envelope & Façade Inspections

Building Envelope & Façade Inspections

Building Envelope & Façade Inspections

Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. Our engineers will inspect all materials used to ensure the strength and stability of your structure from low-, mid-, to high-rise structures and facilities. Falcon’s engineers pride themselves on ensuring the services and recommendations provided to each of our clients are held at the desired level of individualized care and attention.

  • High Rise & Mid Rise Façade Inspections & Repair/Restoration/Replacement

  • Stucco & Exterior Insulation Finish Systems (EIFS) Evaluations & Repair

  • Mid Rise & Low Rise Siding Inspections & Repair Replacement

  • Roof Inspections & Repair/Replacement

  • Water Infiltration Investigation & Remediation

  • Window & Door Replacement Design

  • Balcony & Deck Repair/Restoration/Replacement

  • Foundation Inspections & Waterproofing

  • Parking Garage Inspections & Repair/Restoration

  • Firewall / Fire Separation Assembly Inspections & Remediation

Tampa Bay

1211 1st Avenue, N.
Suite 300
St. Petersburg, FL 33705

P (813) 438-3568

/one_third]

West Palm Beach

5651 Corporate Way
Suite 4
West Palm Beach, FL 33407

P (561) 290-0504

Miami

15405 NW 7th Avenue
Miami, FL 33169

P (305) 663-1970

The Falcon Group

Engineering Architecture Energy Consultants Specialists

An industry-leader providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

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Ready to Elevate Your Fitness Game?  by Commercial Fitness Products

Ready to Elevate Your Fitness Game?  by Commercial Fitness Products

Ready to Elevate Your Fitness Game?

by  Commercial Fitness Products

Looking to revamp your gym or fitness center? Look no further! We’re your go-to supplier for top-notch commercial fitness equipment in Florida and the Caribbean!
From treadmills to weight benches, we’ve got everything you need to create a world-class fitness space that’ll keep your clients motivated and coming back for more.
Why choose us?
✅ Premium Quality Equipment
✅ Wide Range of Products
✅ Expert Guidance & Support
✅ Competitive Prices
Use the above link to find us on the sfpma directory for condo and HOA’s in Florida.
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Brighten Your Business: How Commercial LED Lighting Boosts Productivity and Sales

Brighten Your Business: How Commercial LED Lighting Boosts Productivity and Sales

  • Posted: May 15, 2024
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Brighten Your Business: How Commercial LED Lighting Boosts Productivity and Sales

The lighting in your business space does more than just brighten up the area; it can have a profound impact on productivity and sales. As businesses strive to create optimal working environments and enticing shopping experiences, commercial LED lighting has emerged as a game-changer. In this blog, we’ll explore the powerful ways in which LED lighting can elevate your business, enhancing both productivity among your employees and customer satisfaction, ultimately leading to increased sales.

A well-lit workspace is vital for employee productivity and well-being. Studies have consistently shown that commercial LED lighting can positively influence concentration, focus, and overall mood among workers. The bright, uniform illumination provided by LEDs reduces eye strain and fatigue, leading to improved performance and reduced errors. With LEDs, your team will feel more comfortable and motivated, leading to increased efficiency and productivity that directly impacts your business’s bottom line.

  • Focused Lighting Solutions:

One of the key advantages of commercial LED lighting is its versatility. LED technology allows for focused lighting solutions, meaning you can highlight specific areas or products in retail spaces. Whether it’s accentuating merchandise in a store or illuminating important workstations in an office, LEDs provide the flexibility needed to create the perfect ambiance for each section of your business. By directing attention to critical areas, you can guide customers to key products, driving sales and optimizing their overall shopping experience.

  • Vibrant and Inviting Spaces:

First impressions matter, and your business’s lighting sets the tone for customers’ overall experience. Commercial LED lighting offers a range of color temperatures and intensity levels that can be tailored to match your brand’s personality and image. Whether you want to create a warm and welcoming atmosphere in a restaurant or a bright and energetic vibe in a retail store, LED lighting can be customized to suit your specific needs. A vibrant and inviting space will leave a lasting impression on customers, encouraging them to return and recommend your business to others.

  • Energy Efficiency and Cost Savings:

Beyond boosting productivity and sales, commercial LED lighting also presents significant cost-saving opportunities. LEDs are known for their energy efficiency, consuming up to 75% less energy than traditional incandescent bulbs. This reduction in energy usage translates to lower electricity bills, freeing up financial resources that can be reinvested in other aspects of your business. Additionally, LEDs have a longer lifespan, reducing the need for frequent replacements and maintenance costs.

As you strive to create a thriving business environment, don’t overlook the power of commercial LED lighting. The benefits extend far beyond just lighting up your space; they enhance productivity, elevate customer experiences, and contribute to cost savings. Embrace the versatility and efficiency of commercial LED lighting to brighten your business, boost employee morale, and entice customers into a captivating shopping journey. With the right lighting strategy, your business will shine brightly and enjoy the rewards of increased productivity and sales.


L.o.T.’s Solution

Inefficient lighting wastes energy which contributes to the rising global consumption of fossil fuels. Lighting of Tomorrow is on a mission to reduce America’s environmental footprint. By partnering up with industry experts, Lighting of Tomorrow facilitates communities to switch from inefficient lighting fixtures to new state-of-the-art LED lighting technology. Our goal is to achieve significant energy cost reductions through the installation of energy-efficient lighting Our services include: ✓professional lighting consultation ✓lighting installation ✓lighting maintenance

Members of SFPMA. find us on the members directory

 

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Find everything you need to know about Florida Building Inspections SB-4D

Find everything you need to know about Florida Building Inspections SB-4D

Florida Condo Building Inspections (SB4d)

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

Find everything you need to know about Florida Building Inspections SB-4D

It’s a confusing time for everyone affected, and we can all use some extra clarity. Our experts dove through the 88 page document and outline what you need to know about SB-4D so you can focus on making your building safer instead of deciphering the wordy documents.

Florida state legislature took swift action to implement inspection reform to mitigate the risk of a similar tragedy in the future. As of May 27th, 2022, Florida passed several laws to keep building safer in the state by requiring specific inspections and funding mechanisms. These new Florida condo laws mean significant changes for building owners across Florida, all within a relatively short time.

 

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

When you need your condo inspection contact us!

 


More about Florida Building Inspections:

Our Building Services Division, With the addition of the new Law, (SB4D) We have had many calls, emails and messages sent to SFPMA. There are so many with questions, many are still asking what can they do? How do we go about doing these inspections! We are Bringing this information to Boards, Owners and Management Professionals throughout Florida.

Condos need to take action for Registration before January 2023. Next is Inspections by an Engineer or Architect along with Mandatory Reserve Funding.

SFPMA and our Members will provide information to make these new legal requirements easier to understand and learning through the articles re: Legal, Maintenance, Engineering, Services to name a few.

 

Florida Condo Building Inspections (SB4d)

Milestone Inspections

Structural Integrity Reserve Studies

Mandatory Reserves

 

 


On our website and social media we have pages where we post daily with updates, Laws and the Top Companies/Members who are ready to inspect your buildings.

Please like and follow our New Division and Pages,  In time these pages will have the information, New Articles and Contact forms where Boards and Managers can fill out and sfpma will forward these to the Engineers  Members for Inspections.  remember to send articles and other for the new areas,  membership@sfpma.com

as we move into the new year, there will bring many condo changes that buildings, boards and managers will need to comply, SFPMA and our Members are here to guide you and bring you the steps, legal and inspections brought to you by the engineering members.


Our Website:

Florida Condo Building Inspections (SB4d)

http://FLBuildingInspections.com  a division of SFPMA

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


LinkedIn:

Florida Condo Building Inspections

Legal and Service Information for Florida Building Inspections Find the Facts! The information will be posted here from the members of SFPMA and our Management, we want this to be the go to place for all the information for condo Boards ad Owners along with the Management Professionals who need to also know what their buildings need.


Facebook:

@CondoBuildingInspections

 

 

 

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Drones play a major role in structural evaluation and documentation. by SRI Consultants inc.

Drones play a major role in structural evaluation and documentation. by SRI Consultants inc.

  • Posted: Apr 17, 2024
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INNOVATIVE APPROACHES TO DRONE IMAGE MGMT FOR STRUCTURAL EVALUATIONS AND DOCUMENTATION

BY: SHIRISH RAJPATHAK, M.S., P.E., S. I. | PRESIDENT AND FOUNDER

 

Drones play a major role in structural evaluation and documentation. A drone survey of a typical building can generate over 100 GB of data, including thousands of images and videos.

Systematically viewing, sharing, and storing drone data is a major challenge. This post explores the best practices for managing a vast amount of collected imagery, including accessing and sharing images on demand across different platforms (computers, tablets, phones).

Who Needs to Document Structural Conditions and Why?

In view of the building collapse in Surfside, FL, and subsequent action by the State legislature (Florida Senate Bill 4D), many stakeholders, namely high-rise building owners, property management companies, building officials, engineers, and insurers, will need to document the existing conditions of structures.

Drones have already proved to be valuable in search and rescue operations, and after hurricanes, earthquakes, and similar natural disasters. They also play a major role in structural evaluation.For consultants, drone surveys help in a detailed and thorough evaluation of structures. They aid in reducing report preparation time, categorizing the type of damage, determining the quantity and location of damage, providing evidence for expert witness testimonials, as well as optimizing project portfolio, marketing, and advertising. For property owners, they can be important in justifying maintenance and repair expenses and supporting insurance claims. Even contractors can benefit, from documenting pre-construction conditions and construction progress to providing as-built documentation (rebar, PT cables, utility piping layout in slab before concrete pour) and defending legal actions.A drone survey of a typical building can generate over 100 GB (Gigabyte) of data including thousands of images and videos. Systematically viewing, sharing, and storing this data is a major challenge.

This paper will discuss the pros and cons of video versus high-definition still images, how to manage a vast amount of collected imagery, and how to view and share images on demand using different platforms (computers, tablets, or phones).

Video Vs. High-Resolution Still Images

Capturing images using drones is an art! Besides flying skills and knowledge of drones, a drone operator should have good knowledge of photography and videography. The quality of video recording is subject to the type of camera shutter (electronic vs mechanical), frame rate, camera steadiness, and smoothness of panning. Video images tend to be of lower resolution than still images, and they have more compression noise. Also, electronic shutters often produce distortion called rolling shutter. This is also known as “The Jello Effect”

Therefore, video recording may be convenient but not very practical for capturing details. During video recording, the drone is moving continuously. In any given video, one must watch the entire footage to pinpoint a location of interest; and there are often several videos of each structure to watch. This requires tedious time-tagging by someone who is both familiar with the structure and good at problem identification. In reality, videos are best suited for real estate professionals to highlight structures in relation to their surroundings for prospective buyers.

It is important to stress that the flight time of all drones is limited by battery life. Thus, it is critical that each flight is well planned and executed to acquire the maximum information possible.

Many drones today have the built-in capability of producing panoramas from a collection of high-resolution still images, captured while rotating a drone 360 degrees. Each image also contains data such as ISO, exposure, GPS coordinates, and altitude

This information is useful in building a database with powerful indexing functions that link to a visual map and allow users to access any image quickly. Also, still images tend to be of much higher resolution (most drones allow the storing of raw images which are typically 2-3 times larger in file size compared to typical JPEG format). Most importantly, images can be stored on the cloud and accessed via a simple interface.

Regardless of who needs information and for what purpose, information is only good if it is made available when needed. That said, not all consultants conducting structural evaluations need to be certified drone operators. A qualified drone operator can perform a survey with detailed instructions from an engineer, saving time and expense.

Innovative Image Management System

As explained before, still images have the unique advantage of being easy to index. Innovative image management systems automatically catalog drone data as illustrated in the example below. Figure 3 shows a sample site located on the intercoastal waters in South Florida.

The site was imaged with a drone on two consecutive days. Figures 4 and 5 show the locations of the drone flights.

At each of the locations, a drone was flown to various heights, and at each height, a panorama was captured. A drone is always oriented towards the structure to lock in the exposure of the camera. This avoids wash-out or darkening of the subject. To access a panorama at a specific height, one clicks on any blue tag and selects the height from the pop-up table (Figure below).

Two side-by-side photos of client site by drone with blue markers indicating locations where images were acquired

This opens a panorama at the chosen height in an adjacent window (Figure 5 b). After clicking to load the panorama, the user is free to move around, 360 degrees. This allows the user to examine a point of interest in the structure or in the surrounding area. A user can also zoom in or view the structure in full screen. At this point, the user has the choice of capturing the screen or checking the hot spot checkbox at the bottom of the window, which displays hot spots as red circles. These red circles are pointers to the actual drone images stored in the cloud.

Clicking on any of the hot spots activates a pop-up window asking the user to either view the actual image in a new window or download a high-resolution image to their device

Read the rest of this Article, Learn how Drones are used for your Buildings Inspections and Documentation.
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Get answers to these questions and more on our new “AI for Building Safety” website… where we’re using AI to help answer questions about Florida’s condo safety law.

Get answers to these questions and more on our new “AI for Building Safety” website… where we’re using AI to help answer questions about Florida’s condo safety law.

  • Posted: Apr 17, 2024
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Get answers to these questions and more on our new “AI for Building Safety” website… where we’re using AI to help answer questions about Florida’s condo safety law.

SRI Consultants…..can help with the questions you may have with the Florida Law SB-4D ( Condo Building Inspections ) 

SRI logo

OUR NEW AI TOOL ANSWERS ALL OF YOUR QUESTIONS ABOUT FLORIDA’S BUILDING SAFETY LAW SB-4D

SRI’s new, experimental website uses AI to help answer questions about Florida’s new building safety law. Do you have questions about milestone inspections? Structural assessment deadlines? Reserves? We’ve got the answers!

 

Ask our AI about 4D

Do you have questions about Florida’s building safety legislation, Senate Bill 4D? Just enter your query in the textbox below and click “Send Query”. For example, try asking, “What is the Florida Senate Bill 4D?”. This AI tool is experimental and provides no warranties regarding the accuracy of its results. Use at your own risk.

Visit SRI’s NEW AI Page 

 


Who is: SRI Consultants.

Here at SRI Consultants, Inc., we take pride in what we do. The extra effort and attention to detail put forth by our team ensure you receive the highest quality services available to the industry, all while saving you time and money. Coastal areas like South Florida have a unique need for concrete rehabilitation and protection services predominantly related to assessing structural damage. Our team has specialists in structural engineering, civil engineering, and corrosion engineering at your disposal.

Round transparent logo with black perimeter and clipboard in center representing Milestone Inspections services

MILESONE INSPECTIONS

Compliance + Safety. Our milestone inspections mitigate the risks of building failure from structural or electrical deficiencies. Focused on occupant safety, inspections are conducted with strict adherence to county and local requirements.

Round transparent logo with black perimeter and suspension bridge in center representing Engineering services

ENGINEERING

Technical Expertise. We are experts in our field with certifications from NACE and FL Board of Professional Engineers. Our team offers civil, structural and corrosion engineering services for single & multi-story structures, condos, hotel and motels, cooling towers and seawalls.

Above are just a few of the services we provide. visit our website to learn more…

Members of SFPMA – Engineers 

 

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BKB Cleaning Company is a pressure washing services company. We provide Roof Cleaning, Gutter Cleaning, Driveway Pressure Cleaning and Window Cleaning

BKB Cleaning Company is a pressure washing services company. We provide Roof Cleaning, Gutter Cleaning, Driveway Pressure Cleaning and Window Cleaning

  • Posted: Apr 16, 2024
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BKB Cleaning Company

954-692-3107

BKB Cleaning Company is a pressure washing services company. We provide Roof Cleaning, Gutter Cleaning, Driveway Pressure Cleaning and Window Cleaning. We service both residential and commercial customers. Call for a free quote.

BKB Cleaning Company serving communities in Parkland, Coral Springs, Margate and Boca Raton. If you are looking for the best pressure washer  for residential and commercial properties.

 

We believe in arriving on time at the customers home, providing extra ordinary service and leaving you happier than when we arrived. We care about our customers property and treat it with great care. Our cleaning process includes no pressure roof cleaning, driveway power washing and power wash fence.

We have the ability to wash with either hot water or cold water. When you wash with hot water you are able to get more dirt off than cold. We give the option to our customer as to which one they want.

We also have the ability to provide soft wash services to ensures that your home walls and roof are safe for years to come. It is safer way of cleaning because no pressure washer is used to apply chemicals or to clean the roof or home. This helps your home and or roof stay clean and safe from damage from a pressure washer. As technology evolves, so must we. That is why we are relentless in researching and testing new ways to get house washing done better and faster. We know the last thing you want is to have someone at your home all day.

 

Brian Bustamante
brian@bkbcleaning.com
954-692-3107

BKB Cleaning Company
6665 NW 75th Pl, Parkland, FL 33067
http://www.bkbcleaning.com
info@bkbcleaning.com

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“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?” 
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. 
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
info@allstatemanagement.com
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