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Release of Liability and Hold Harmless Agreements  by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

Release of Liability and Hold Harmless Agreements by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

  • Posted: Apr 07, 2023
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Release of Liability and Hold Harmless Agreements

by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

If Your Association Requires One, Then You Must Read This…

Many communities offer a host of amenities for their residents and guests to enjoy, such as clubhouses, fitness centers, playgrounds, swimming pools, tot lots, tennis courts, etc. One of the upsides to providing such amenities is that the residents and their guests have a variety of activities to choose from, which enhances the quality of life within the community. However, one of the potential significant downsides to offering such benefits is that the association often incurs liability if a resident or guest is injured while using one of the amenities.

Accordingly, it has become commonplace for associations to require that residents and guests sign a document that releases the association from liability and holds the association harmless when a resident or guest uses the amenities. Although the title of the document may vary—“Hold Harmless,” “Indemnification Agreement,” “Release of Liability,” or “Waiver and Release”—there is usually language included within the document along the lines of the following:

“I, Mr. Owner, on my own behalf and on behalf of all other occupants and guests to my home, for and in consideration for use of the association’s facilities, equipment, etc. hereby release and hold harmless the association, its members, officers, directors, agents, etc. from any and all liability which may arise out of or in connection with my participation or use of the foregoing facilities, equipment, etc.”

This language is often referred to as an “exculpatory clause,” which is a clause that is designed to relieve a party from blame or liability. Such language has traditionally served to help prevent an association’s liability to an owner or guest when he or she is injured while using the amenities. It may have been a while since anyone has taken a good look at the specific language included in the association’s release, and it may be taken for granted that such language will automatically protect the association from liability. Many such form documents do not provide the protection you might think they should. A recent Florida appellate court case dealing with such exculpatory clauses highlights this potential issue and offers pause.

Specifically, The Estate of Nicholas Adam Blakely, By and Through Michele Wilson, as Personal Representative v. Stetson University, Inc., WL 17997526 (Fla. 5th DCA 2022), involved the tragic death of a young man who played football at Stetson University. As described in the written appellate opinion, the young man pulled himself out of an afternoon football practice complaining to an assistant athletic trainer that he felt dizzy and that his chest felt tight. Although the trainers continued to monitor his symptoms on the sidelines, after approximately 45 minutes the young man collapsed. Thereafter, university employees attempted various emergency medical procedures in an unsuccessful effort to revive him. The young man was transported to the hospital where, sadly, he died.

The trial court found that the two identical releases signed by the young man were sufficiently clear to bar claims brought against the university arising from his death after participating in the football practice. On appeal, however, one of the arguments focused on whether the language in the releases that the young man signed were sufficient to be enforceable. The appellate court determined it was not. Although the entirety of the written releases are unable to be reproduced here, the particular language that the court focused on is set out below. Specifically, the appellate court placed emphasis on the following:

I understand that the dangers and risks of playing or participating/practicing may include, but are not limited to: death…Because of the dangers and risks involved in participating in intercollegiate athletics, I recognize the importance of following the Coaches and Sports Medicine staff instructions regarding playing techniques, conditioning, rehabilitation/treatment recommendations and team rules, etc. and agree to obey such instructions…I hereby assume all risks associated with participation and agree to hold Stetson University…from any and all liability…of any kind or nature which may arise by or in connection with my participation in any activities related to the Stetson University athletic program. The terms hereof shall serve as a release and assumption of risk for myself, my heirs, estate, executor, administrator, assignees and for all members of  my family. The terms hereof shall serve as a complete release and waiver of liability for myself, my heirs, estate, executor, administrator, assignees, and for all members of my family.

 

On its face, it sounds complete. But is it? In its analysis of the language included in the releases, the appellate court began by expressing that

[A]n exculpatory clause purports to deny an injured party the right to recover damages from a person negligently causing his injury. They are disfavored in the law because they relieve one party of the obligation to use due care and shift the risk of injury to the party who is probably least equipped to take the necessary precautions to avoid the injury and bear the risk of loss. Such claims are strictly construed against the party seeking to be relieved of liability. Thus, exculpatory clauses are enforceable only where and to the extent that the intention to be relieved from liability is made clear and unequivocal. The wording must be clear and understandable that an ordinary and knowledgeable person will know what he is contracting away (quoting UCF Athletics Ass’n, v Plancher, 121 So. 3d 1097, 1101 [Fla. 5th DCA 2013]).

 

Unlike the trial court, the appellate court took issue with the language contained within the releases because the release forms

  1. failed to expressly inform the young man that he was contracting away his rights to sue the university for its own negligence,
  2. used language that could reasonably lead one to believe that the university would be supervising and training [him] properly such that the young man was only being asked to sign the exculpatory clause to cover injuries inherent in a sport, and
  3. used language suggesting that the terms of the releases were for the young man’s benefit.

 

Accordingly, the appellate court determined that the foregoing supported a determination that the releases were not clear and unambiguous. So, what does the appellate court’s decision mean for exculpatory clauses as related to an association’s release? It means that associations need to review the language in such exculpatory clauses with counsel to assist in aligning the language with the thinking of the court. For example:

  1. Is the language in the release clear, unambiguous, and written in such a way that an ordinary and knowledgeable person would know that he or she is contracting away his or her right to sue the association if an injury occurs?
  2. Is the language in the release free from any indication whatsoever that training and/or supervision is being provided by the association to avoid a mistaken belief by the owner or guest that he or she is merely signing away his or her right to sue for injuries inherent in a particular activity?
  3. Is it unequivocally clear that the individual is giving up all rights to litigate against the association in regard to any accident that may occur, even if the association was negligent?
  4. Are there terms in the release that would make it seem as though the release is for the benefit of the homeowner or guest and not the association?
    If you are in doubt as to the exculpatory language included in your association’s release, do not wait until a homeowner or guest is injured, or possibly worse, to discover that the language is not appropriate for protecting the association from liability. In light of this most recent opinion, you should discuss with your association’s legal counsel when there would be a good opportunity to review and amend such release of liability and hold harmless agreements.

Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. 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.
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Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association by Katzman Chandler

Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association by Katzman Chandler

  • Posted: Apr 03, 2023
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Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association

by Katzman Chandler

SAVE YOUR ASSOCIATION MONEY & ENSURE FINANCIAL STABILITY.

Katzman Chandler’s Collect 4 Free Program

We guarantee, by written contract, that your Association will NEVER receive an invoice for Costs or Legal Fees advanced and/or incurred by our Law Firm in providing delinquent account collection services under our “COLLECT 4 FREE” Delinquent Account Collection Option.

Contact us today, and let us show you how you can immediately reduce the potential future monetary shortfall in your Association’s budget resulting from owner delinquency, as well as ensure a healthy financial future for your Community…

COLLECT 4 FREE!Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option is a truly unique program that guarantees, in writing, that your Association will NEVER receive an invoice for Costs or Legal Fees incurred by our Law Firm in providing delinquent account collection services.

Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option promotes efficiency in your Association’s operations by allowing your Community to timely and effectively pursue delinquent accounts and quickly collect delinquent assessments owed, rather than unnecessarily carrying delinquent owner debt on the Association’s books for extended periods of time.

Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option provides your Community with the ability to pursue delinquent accounts while avoiding the potential Risk, Liability and/or Financial Exposure to your Association for the payment of Costs and Legal Fees traditionally associated with Community Association Collection and Foreclosure actions.


Why Collect 4 Free?

Engaging Katzman Chandler and electing to take advantage of our “COLLECT 4 FREE” Delinquent Account Collection Option makes complete financial sense for nearly all qualifying Community Associations, including yours. Most Associations qualify. Call us today to confirm that yours does!

We are so confident in our ability to successfully collect upon your newly delinquent accounts, that we are willing to shift the ultimate financial responsibility for the Costs and Legal Fees incurred in the process from your Community to our Law Firm.

Our confidence in this regard comes from our depth of experience in not only handling delinquent account collection, but forecasting trends in delinquent account collection.

Katzman Chandler’s attorneys and staff have successfully resolved tens of thousands of delinquent assessment accounts on behalf of Community Associations over the past two decades, and welcome the opportunity to collect your Community’s delinquent accounts as well – with COLLECT 4 FREE!

If you are a new addition to the Katzman Chandler family of clients, and have delinquent accounts in collection with your prior attorney, Katzman Chandler can take over your Association’s existing/aged collection files and pursue them under a full advancement of Costs and Legal Fees option.

In addition to the obvious benefits of our “COLLECT 4 FREE”, we offer robust online status reports available 24/7, paperless communications sent automatically via email and an owner website portal to facilitate communication, expedite payoffs and obtain quick settlements of delinquent accounts.


Contact us today:

“WE WANT TO BE COMMITTED TO YOUR COMMUNITY”

by clicking the following link: https://bit.ly/3ZHoWOY

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Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

  • Posted: Apr 03, 2023
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An effective portal solution for managing electronic communications with features that increases the resident experience. In this article, we look at how our Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

By Concierge Plus

Due to pandemic restrictions, many management offices were inaccessible to residents. This caused a greater reliance on telephone and e-mail communication. For many residents, failure of management to respond to their queries in a proper way created distrust and a perception that the management company is incompetent. The root cause to this problem is the lack of an effective portal solution for managing electronic communications with features that increases the resident experience. In this article, we look at how our Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

Efficient maintenance request process

The main responsibility of any management company is to ensure that community associations are well maintained. Residents should be able to report maintenance requests as soon as possible from wherever they are. While calls and text messages can get your attention, residents might not be able to explain the situation entirely. However, via Concierge Plus’ Service Request feature, they can give details of their concern and even upload pictures or videos to aid their explanation.
Requests are always tracked by unit, so you’ll always be able to access a history of what happened. And full reporting features mean you can very quickly generate all the information you need to update your board or your residents.

Mobile-Service-Request

Transparency in association governance

Since the tragic Surfside condo collapse in Miami, residents are asking for more transparency from their elected board members. Transparency is characterized by visibility or accessibility of information concerning association practices.
Board members can use Concierge Plus as a platform for keeping residents in the loop with regards to anything related to building maintenance. Since the tragic Surfside condo collapse, we’ve been told that residents are particularly asking for their board’s plan on risk mitigation.
Board members can share documents such as a Reserve Study with unit owners using our File Sharing feature. This is a password-protected repository for important documents and is a great place to store articles of incorporation, meeting minutes, rules and regulations.

Mobile-Media-Library-Folder

Virtual owner meetings and AGMs

As the pandemic eases and we resume in-person gatherings, hybrid meetings are slowly becoming a permanent part of how community associations function.
Board members can easily add HD web conferencing, automate attendance, enable eligible owners to vote online, and more through our all-in-one virtual meeting platform integration with GetQuorum.
Advanced and real-time electronic voting allows owners to vote securely on important meeting matters before or during the meeting using GetQuorum’s dynamic online platform.
Electronic voting offers substantial cost savings, improved efficiency and significantly reduces errors associated with traditional paper-based voting.

Efficient package management

Community managers, security guards and concierges everywhere are fighting a losing battle trying to keep up with the unrelenting wave of incoming parcels during the holiday season. When staff members spend more time accepting, storing and retrieving parcels, they can’t focus on their security duties.
With Concierge Plus’ Notification feature, you can avoid ending up with front desk congestion and angry residents. Use Concierge Plus to manage package deliveries with automated emails and an easy tracking process. Residents can select to be notified by text message (SMS) or by an automated phone call, which is perfect for urgent and timely notifications.
With our barcode scanner your team can quickly scan every package that arrives, and when residents come to pick-up their packages, they simply sign on a digital signature pad to confirm their identity permanently and securely.
Last but not least, we also offer beautifully designed, 40″ digital lobby display screens which you can use to alert residents that items are available for pick-up.

Features-IntergratedHardware-DisplayScreen-300x203

Secure resident and visitor parking

For most residents, the safety factors associated with condo living are a huge consideration in choosing life in a community association.
Concierge Plus can help you manage who is coming in and out, where they are parking, and if they have permission to enter the building. Our integrated hardware offerings alleviate confusion with parking pass printers that clearly denote who is parking where.
The printer connects easily to your computer and facilitates tracking of visitor vehicle details such as license plate number, make, and color. A parking pass receipt will print automatically for visitors to display on their dashboards.

 

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The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

  • Posted: Apr 03, 2023
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The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund 

by, Dee Rowe, CACM, Contributing Author

Once upon a time, benevolent Prince Sanders was afraid that people would lose their homes because they were unable to pay their mortgages or HOA fees. You see, a nasty respiratory disease was ravaging the kingdom and all surrounding kingdoms. Workers not deemed essential were forced out of work to limit the spread of the disease. The price of essential goods and services skyrocketed. Even once a “return to work” was announced, for many business owners and employees there was no work to return to. The kingdom was in crisis.

Since he was Chairman of the kingdom’s Senate Budget Committee, he and 11 others authored theAmerican Rescue Relief Act, which included a Homeowner Assistance Fund designed to keep those people from losing their homes and keep their public utility services active. The problem was, nobody told the homeowners, or those responsible for the communities they lived in.

Meanwhile, in a Far-Off Corner of the Kingdom

Mary was contrary, and could you blame her? She was a single mother with three small mouths to feed. Her ex-husband ran off with Sally years ago and now lived in a cottage by the sea selling seashells. That left Mary to care for the gardens ​of silver bells, cockleshells, and primroses all in a row. There was a time before the pandemic when her business thrived. Weddings were large, formal affairs, and nobody’s flowers were prettier than Mary’s. Brides paid a pretty penny for her services. But now weddings were smaller and more intimate. Because everybody’s budgets were stretched tight, brides cut expenses wherever they could. That included Mary’s flowers.

With the sun sinking on the horizon, Mary put the gardening tools in the shed and trudged into her small house. The children would be hungry, and someone had to feed them. Opening the nearly bare cupboard, she groaned. Once again, they would be eating beans and rice. As she measured the rice, her hand scraped the bottom of the barrel. Even beans and rice would soon be a luxury. Forcing a brave face, she served the children dinner and busied herself with chores while they ate. She ate their leftovers to make sure they got enough. Her stomach growled and grumbled, but she was used to ignoring that. She’d been doing so for a couple of years, ever since the virus started spreading.

Before she put the little ones to bed, she walked to the end of the driveway to get the day’s mail. Inside the mailbox was another notice from the HOA about her missed payments. Tears welled up in her eyes. How was she supposed to pay when there wasn’t enough to eat, and every penny went toward keeping the bank from taking her home? Now the association was threatening to take her home too. What would they do then? She wasn’t eligible for bankruptcy, because she’d had to file for one after her divorce.

Hands shaking, she placed the notice on the kitchen table and tucked her children into bed, noticing as she did so that all their nightclothes were threadbare and too small. Once she was back in the kitchen, she picked up the notice and read it again. “Due to the non-payment of assessments, your account has been referred to an outside agency for collections. Please contact them at once to avoid foreclosure.”

This time, tears did more than well up, they spilled down her cheeks and left spots on the table. With her head in her hands, she sobbed into the night until she fell asleep right there in the kitchen. Her dreams were troubled and chaotic, with visions of fire-breathing dragons scorching her home and beautiful gardens to the ground.

They Aren’t Dragons, They’re Heroes

The next morning, after the children ate their oatmeal and headed off to school, Mary called the collection company the HOA referred her case to. She braced herself for battle, recalling the fire-breathing dragons from last night’s anxiety-fueled dreams. Much to her surprise, that mental armor turned out to be unnecessary.

S​he spoke with a friendly and helpful representative from Axela Technologies, who was sympathetic when Mary described her financial position. The representative suggested that Mary try applying for something called the Homeowner Assistance Fund (HAF) because an online map showed that her part of the kingdom may have funds available to cover the mortgage, utility costs, and even HOA fees since her hardship was caused by the pandemic and started after January 21, 2020. The helpful rep also arranged it so Mary would not lose her home while waiting for a decision from the HAF. She was so relieved she began to cry over the phone because she felt hope for the first time in years. “You’re my hero”, she told the Axela employee.

I​t Isn’t a Fairy Tale but a Well-Kept Secret

As she worked in her gardens that day, Mary wondered why she’d never heard of the HAF before. There were probably others like her; hardworking people who had no savings or credit to see them through when the pandemic shut the kingdom down. People who had spent the years since the return to work trying to find work or customers. People who were desperate to keep the homes that they loved and that kept their families safe and warm. Good people who wanted to pay their HOA fees but had to choose between that and feeding their children.

After waiting as patiently as she could, Mary got an answer from the HAF. Hands trembling, she opened it and read the decision over the phone to that helpful representative from Axela Technologies she had first spoken to. “Your application has been approved.” Once again, she was crying, this time tears of joy.

Later that day, Mary wrote a letter to the board of directors of the HOA thanking them for working with anethical company like Axela Technologies, and not a predatory collection service. That letter was the first communication the board received from her that wasn’t contrary.

For a real-life collection fairy tale like this, contact us at Axela Technologies today. We offer creative solutions, not threats and ultimatums.

 

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We offer the best Digital Marketing strategies at affordable prices. by AAA Computer Designs

We offer the best Digital Marketing strategies at affordable prices. by AAA Computer Designs

  • Posted: Apr 02, 2023
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Digital marketing is something that every business needs to reach out to its audience.

We offer the best Digital Marketing strategies at affordable prices.

📞 Call us at +1 561-718-1148.
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Dynasty helped over 1,500 property owners get new roofs paid for by their insurance company in the Tampa, Sarasota, and Orlando areas. by Dynasty Building Solutions

Dynasty helped over 1,500 property owners get new roofs paid for by their insurance company in the Tampa, Sarasota, and Orlando areas. by Dynasty Building Solutions

  • Posted: Apr 02, 2023
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Dynasty helped over 1,500 property owners get new roofs paid for by their insurance company in the Tampa, Sarasota, and Orlando areas.

by Dynasty Building Solutions

Not All Roof Damage is Obvious

There are some unmistakable signs that you need a roofer pronto. For example, if a hurricane caused a large tree branch to become lodged in your roof, you would not hesitate to call Dynasty Building Solutions immediately. Most of the time, however, the signs that you need to call your roofing company can be more subtle. Since roof damage can turn into water damage, mold, and other major problems here in the hot and humid Tampa area, it’s important to be alert for some of the following issues so you will know to call us for an inspection, a roof repair , or even a roof replacement. Here are some signs that you should get in touch as soon as feasible. 
Water Damage
Water Stains on Your Walls or Ceilings:  If you’re noticing dampness or water stains on your ceilings or interior walls, this is a clear sign that you have a leak somewhere. Of course, the leak might not be from your roof, so it pays to do a little bit of investigative work. You might have a leak caused by condensation on your central air vents, for example, or you might be dealing with a dripping pipe in an upstairs bathroom. If you can’t quickly detect where the water is coming from, however, it’s wise to get a roof inspection done promptly.
As you probably know, water damage in Southwest Florida is likely to turn into mold pretty quickly, and water stains on the ceiling are a good indication that you’ve got at least some minor water damage. If the stains have been there since you moved in and they haven’t gotten any worse, then chances are good that you don’t have an urgent problem, but if they feel damp or if they seem to be growing, that’s an issue that needs to be addressed right away.
Storm Over Neighborhood
Dripping or Leaking During Rainstorms:  The downpours in this part of Florida during the rainy season can be impressive, but they should not cause any dripping or leaking in your attic. If you haven’t been in the attic in a while, try to check it during the next afternoon storm to make sure that you don’t see or hear any dripping or leaking. Shine a flashlight into the corners to check it visually; only go into the attic if you are sure you can do so safely. If you see, hear, or feel water coming in, call us right away so we can see what the problem is.
In some cases, a leak in the attic will mean that you need the roof replaced, but other times, it will only require a repair. Better to get it addressed as soon as possible to prevent further damage that can lead to a more extensive (and expensive) solution.
Torn roof shingle
Missing, Torn, or Curled Shingles:  If you can use a ladder safely to check your roof or if you can see parts of it from the ground, watch for missing, torn, or curled asphalt shingles. When a shingle is damaged, it can allow water to penetrate the underlayment or the wood beneath. In many cases, a simple repair is all that is needed, but you will need to have an inspection. Remember that since water flows from the peak of the roof down toward the lower elevations, torn shingles toward the top of the roof could be causing damage down below. Let one of our inspectors take a look and see whether there is any damage that needs to be addressed.
Damp or Darkened Shingles
Similarly, if you see one section of asphalt shingles that are darkened or that feel damp when the rest of the roof is dry, you’ll want to have that checked. If shingles are holding onto moisture, it could mean that the material underneath is wet, which is a problem. All of your shingles should look about the same; if one area looks different in any way, that is a sign that an inspection and possibly a repair is needed.
House Gutter
Tiny Black Rocks in Your Gutter:  When you clean out your gutter, it’s normal to find leaves, small twigs, and some dirt. If you are seeing what looks like a lot of tiny black rocks or coarse black sand in your gutter, however, that is a sign that the granules, which is the material on asphalt shingles, is washing off. This is a sign that the roof is degrading and will likely need to be replaced soon.
Pinpoints of Light Shining Into Your Attic or Upper Level
Your roof should be creating a seal that water can’t get through. If there are parts where you can see pinpoints of light (or, worse, larger swaths of light) shining through, water might be able to get through those same spots. On a sunny day, go up into your attic access and look around in the dark, leaving the light off. Any sunlight peeking through should warrant a call for a roof inspection.

Only a Trained Professional Roof Inspector has the Knowledge to Identify All Forms of Roof Damage 

Roof Water Damage

Roof Inspection to Look for Damage

Some storm damage is easy to spot. If you see shingles that match your home’s roof in your front yard after a storm, you can probably assume that your roof has sustained storm damage. If strong winds blow over a tree and it crashes into your roof, you’ll be able to see it, and you’ll probably have heard it when it happened. You’ll know that you need to contact your home insurer and a roofing professional. However, often storm damage isn’t so obvious. You may have a water leak, but you can’t determine quite where it’s coming from. After a tornado or hurricane, you may have damage that you can’t see – a hole that’s too high up or located in a spot that just isn’t visible from the ground, for example. Shingles that blow off in a strong wind may not necessarily land in your own yard – they could end up far enough away that you never see them. Because hidden roof damage is a real possibility, it’s important to have your roof inspected after a severe storm. Roofing professionals are trained to find hidden roof damage. They’re also trained to inspect your roof safely. A fall from a roof can be quite serious, and a roof after a storm can be especially dangerous, as there might be spots that are slick or soft that you’re not expecting, so it’s best to let the professionals handle it. Take a look at some of the things that a roofing professional may be looking for after a storm.
Water Damage and Leaks
It’s easy to believe that if you have water damage or your roof is leaking, you’d notice it right away. However, the truth is that it’s easy for water damage and evidence of leaks to go unnoticed. The water may be pooling somewhere that’s not obvious, or the leak may be limited to the attic, garage, or some other location where it might be less noticeable. Part of the job of inspecting for damage after a storm is checking the interior of the home for signs of leaks or water damage. You may not have noticed the signs, or you may not be able to place the source of the leak if you did. But a roofing professional will know what signs to look for and will also be able to follow the leak back to its source and find out which part of the roof is letting water in.
Damaged Shingle Roofing RepairMissing and Damaged Shingles or Tiles
You might think that even if you don’t find missing shingles or tiles in your yard, you’d be able to see bare spots where they used to be if you lost some during a storm. However, that’s not necessarily the case. Depending on the design of your roof, parts of it may not be visible from the ground, and if those parts are missing shingles or tiles, you wouldn’t know it without going up there to inspect.
Tiles and shingles can also be damaged in a storm in a way that’s not visible from your position on the ground. For example, hail can leave damage that comes in the form of dimples or granules knocked off of the shingles. Chunks of hail may also be heavy enough to crack tiles. In either case, the roof may look fine to you, but this type of damage can weaken your roof. Even if it doesn’t cause leaking immediately, it may lead to leaks over time. Your roof also may not hold up as well against the next storm. For these reasons, it’s important to have a roofing professional check for shingle or tile damage that is only visible from the roof.

 

Damaged Gutters and Flashing

One thing that you may not think to look for is damage to your gutter system and roof flashing, Your gutter system is important for more than just your roof. Keeping your gutters clear and flowing freely protects your home’s foundation by preventing water from pooling around the house. It also protects your landscaping and siding. Clogged or damaged gutters can cost you a lot in repairs, so it’s important to have them checked following a storm. If your gutters are dented or broken in places, they may be more susceptible to clogging or they may allow water to pool in ways that cause damage to your home.
Your roof’s flashing is also vulnerable during a storm. Flashing is often made of galvanized aluminum (most common of roof to wall) or copper and it’s placed in between roof joints, where it helps protect your roof against water leaks. The places between joints are some of the most vulnerable spots in the roof, so flashing acts a reinforcement. But because it’s located in places that are at higher risk for damage, flashing itself is more likely to be damaged during a storm than other parts of the roof. Flashing can become warped or begin to crack after being exposed to severe weather. It can also be torn away entirely, especially during weather events with severe winds, like hurricanes and tornadoes. Roofing professionals understand the importance of flashing and know where to look to see if it’s been damaged.
If your roof has a warranty, you may be required to have regular roofing inspections and make timely repairs in order to keep the warranty valid.
If you let your roof fall into disrepair, such as by failing to have it inspected and repaired following a major storm, the warranty may not be honored. Your home’s insurer may have rules about roof inspection and repair as well. If you file a claim for damage and your insurer determines that the damage was exacerbated because you didn’t have an inspection or schedule a repair earlier, they could deny your claim or approve only part of it, leaving you with a higher repair bill than you planned on. Your best bet is to make sure that you have your roof inspected after serious storms and take steps to repair any minor damage right away before it can become major damage.

 

 
Choosing The Right Roofing Company Can Be Challenging
Your home is the single largest investments you will probably make in life. One of the biggest challenges many homeowners face when needing to repair, restore , or install new roofing to their property is choosing the right company for the job. In an emergency, choosing the right roofing company to repair damage from storms, fallen trees, termites or any other urgent issue can be critical in getting your home and life back to normal. Likewise, qualified experience is vital when restoring or building new roofing. Your roofing contractor should not only ensure the use of quality products and workmanship but have the expertise and qualifications for installing a range of roofing designs and materials.

6 Tips to Help You Decide 

Finding a roofing contractor who meets these criteria who is also trustworthy, honest, and professional can often be difficult. You need to know that your investment is in safe and reputable hands and your home is protected along with your wallet. Here are 6 tips to help guide you when choosing the right contractor for your roofing project.

1. Local roofing services are invaluable. They are more familiar with local rules and regulations and should have a good relationship with local suppliers. There also less chance of issues and scams when choosing a contractor from your area.

2. They should have a Better Business Bureau (BBB) accreditation. BBB contractors are required to maintain satisfactory ratings with the Better Business Bureau in order to retain their certification. This means customer satisfaction.

3. Check they offer an extensive warranty. It might take months or even sometimes years for incorrect installation or damage to reveal itself. Contractors that offer extended warranties on workmanship, especially for roof restorations , are going to be worth pursuing. Also, look at the manufacturer’s warranties on the types of materials used as it important to know that a manufacturer has done their due diligence in designing a quality product.

4. Safety is vital. A contractor should provide adequate safety training program for all its staff. A team that has been properly trained in roofing installation will ensure your roofing work is completed by quality professional roofing installers with integrity to personal and property safety. Most states require safety certification and licensing for contractors.

5. A reputable contractor will be able to handle any insurance claims for you so you can take advantage of the premiums you’ve already been paying. This helps to make the whole process easier and more affordable for you to have your roofing work done. Likewise, a reputable roofing contractor should also have adequate insurance coverage to protect the homeowner from liability in the unfortunate case a roofing employee sustains an injury at the home.

6. Get to know the roofing materials available. A good contractor will be able to offer you different roofing material options available for your home. However in some areas, HOA guidelines may dictate which type of roof you can have installed. The style and color of the roof you install can also affect the value of your home. A qualified roofing contractor will be able to guide you on this.

 

Contact us now to see if you qualify!

Our ROOFME Program (Roof Maintenance Evaluation Program) is a FREE program for property maintenance companies which provides one free annual property inspection and discounted repair services for our members.

 

Victor Lupis / Owner
Dynasty Building Solutions 
Office: (813)321-3269
Fax: (813)333-9697
www.DynastyBuildingSolutions.com
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As a homeowner, it is important to know Common Property Damage Claims. by Joseph Maus

As a homeowner, it is important to know Common Property Damage Claims. by Joseph Maus

  • Posted: Apr 02, 2023
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Common Property Damage Claims. As a homeowner, it is important to know

A home or office building is the most important purchase most of us will make during our lifetime. Most of us buy insurance coverage – windstorm, liability, flood, homeowners, and business interruption – to protect our homes and businesses. Yet, today’s insurance policies are lengthy, complex contracts full of exceptions, exclusions, deductibles, and conditions that make the policy difficult to read, and sometimes even more difficult to recover from for your damage. When you call the Maus Law Firm, a top Fort Lauderdale property damage lawyer will handle property damage claims.

Disagreeing with Your Insurance Claim for Property Damage

You have four options if you disagree with the amount the insurance company is offering you for your damage:

Most insurance companies create entire TV marketing campaigns designed to say that you’re part of the insurance company’s “family”. However, the reality of the insurance business is that insurance companies exist to make money. That means that insurance company needs to minimize the amount of claims it pays out; meanwhile, maximizing the premiums that it collects.

When an insurance company doesn’t offer to pay you the full (or fair) amount of your property damage, you need to be prepared to fight. While many homeowners are hesitant to go to court – fearful of a lengthy or expensive legal battle against a big-name insurer – settling for less than your claim was worth can end up costing you more in the long-term. The repairs your home needed can continue to pile up, lowering the value of your property. Hiring the best Fort Lauderdale property damage lawyer you can find will save you the headache later.

The Process for Property Damage Claims & Florida Property Owner’s Obligations

When making insurance claims for property damage, it is helpful to know how the process typically unfolds. Our Fort Lauderdale property damage lawyer knows that while there are many potential scenarios, the property owner should first understand their own obligations under the insurance policy. Second, the property owner should understand the reasons for the insurance company’s denial of their claim.

Any property insurance policy will place some obligations on the property owner when they make a claim for property loss. These obligations will differ from policy to policy, but the following are several of the most common requirements.

  • Notice of Loss: The property owner is generally required to provide notice of the loss to the carrier promptly. The policy should provide a specific deadline. Failure to meet this deadline could result in the claim being barred.
  • Protect Against Further Damage: The property owner is also required to take reasonable steps to protect the property from further damage. For example, if the roof of a property is damaged by a hurricane, the property owner must attempt to place temporary covering to protect the interior. However, the exact conduct that is considered “reasonable steps” will often be subject to interpretation.
  • Proof of Loss: After making a claim, the property owner will need to submit a proof of loss statement. This statement is generally signed under penalty of perjury and itemizes the damages. A typical deadline for the proof of loss is 60 days after a request by the insurance carrier.

How a Fort Lauderdale Property Damage Lawyer Can Help You with Your Homeowner’s Insurance Claim

Unfortunately, even if you have paid your homeowners’ insurance premiums on time for decades, this does not guarantee that your insurance company will treat you fairly if you need to file a claim. Bad-faith insurance claim denials are common, and homeowners can run into various other issues with their property damage claims as well. As a result, if you need to file a homeowners’ insurance claim, it is a good idea to hire an attorney. Here are just a few examples of the ways an experienced Fort Lauderdale property damage lawyer like Joseph Maus can help:

1. Determining If Your Claim is Covered

Before you devote the time, energy and resources to pursuing a property damage claim, you first need to determine if your claim is covered. An experienced Fort Lauderdale property damage lawyer will be able to review your homeowners’ insurance policy and assess the damage to your home in order to determine if your insurance company is liable.

2. Dealing with Your Insurance Company On Your Behalf

If you have a claim, your attorney will be able to deal with your insurance company on your behalf until your claim has been fully and finally resolved. This important for a few different reasons: (i) Florida’s insurance laws are complicated, and asserting your legal rights can be difficult; (ii) in some cases, there will be a legitimate dispute as to whether a homeowners’ insurance policy applies; and, (iii) successfully pursuing a homeowners’ insurance claim for significant property damage takes time, and you will need someone to handle your claim while you focus on work and your day-to-day life.

3. Overcoming Bad-Faith Coverage Delays and Denials

As we mentioned above, insurance companies routinely deny policyholders’ property damage claims in bad faith. If your insurance company is not handling your claim appropriately, you may need your attorney to take legal action on your behalf. If you have a claim for insurance bad faith, then you can seek compensation above and beyond the amount of coverage to which you are entitled under your policy.

Common Claims for Property Damage in Fort Lauderdale

When can you file a property damage claim? As a homeowner, it is important to know when you are entitled to insurance coverage and when you may need to come out of pocket to cover repairs to your home. With this in mind, here are some examples of common property damage claims in Fort Lauderdale:

  • Storm Damage Claims – While homeowners’ insurance policies do not cover flood damage caused by hurricanes and tropical storms, they do cover other types of storm damage.
  • Tree Damage Claims – If a tree in your yard fell on your home, your homeowners’ insurance policy should provide coverage.
  • Water Damage Claims – Water damage caused by leaking pipes, HVAC system failures and other similar types of issues should be covered under your homeowners’ insurance policy.
  • Fire Damage Claims – Fires from lightning strikes and other causes are generally covered as well, and your policy should cover your home as well as its contents.
  • Mold Claims – Mold claims are often disputed; but, if your house has mold from a “covered peril,” then the costs of remediation should be covered.
  • Theft Claims – If your home has been burglarized, your homeowners’ insurance policy may provide coverage for any damage that occurred during the break-in in addition to the value of your stolen property.

Here are 6 common property damage claims;

#1 Storm Damage, #2 Tree Damage, #3 Water Damage., #4 Fire Damage, #5 Mold, #6 Theft.


Where do you turn to get help?

The Maus Law Firm has been successfully handling insurance-related claims since 1993. We will competently and aggressively represent you in your homeowner property damage insurance claim, or commercial business insurance claim.

Call 954-784-6310 or

visit our website now, for a free consultation.


SFPMA & Members are ready to Handle Storm Damage & Claims for Condo and HOA Properties!

Trusted Members are; Legal Firms, Public Adjusters, Roofing, Engineering & Restoration Service Companies that work with you on Solutions to Storm Related Damage.

This is a Division of SFPMA – http://FloridaAdjusting.com


 

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Hurricane Season is almost here! – Have you had your storm drains inspected yet?

Hurricane Season is almost here! – Have you had your storm drains inspected yet?

  • Posted: Mar 28, 2023
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Hurricane Season is almost here!

Hurricane season runs from:

June 1, 2022 through November 30, 2022

Have you had your storm drains inspected yet?
During a hurricane or tropical storm, it’s common for an area to experience several inches of rainfall and catastrophic wind over a very short timeframe. All of that excess debris and sediment from a hurricane can cause blockages in our stormwater systems, hindering them from operating properly.
Hurricanes are uncontrollable, but what we can control is taking the proper precautions and steps to make sure our stormwater systems are ready for the upcoming season!
Contact us today at 954-382-9766 or info@allstatemanagement.com to talk to one of our Stormwater Specialists!

STORMWATER SYSTEMS –
PREVENTS FLOODING

Storm Drain Cleaning in Broward County and South Florida

Allstate Resource Management’s team of experts specializes in storm drain cleaning in Broward County and storm drain cleaning in South Florida. We will keep your stormwater systems and storm drains clean and operating properly and in compliance with government standards. Various government agencies in Florida have specific regulations regarding the maintenance of these complex systems. Non-compliance can result in fines and unnecessary expenses. We can help ensure that your stormwater systems are working effectively and comply with Florida’s regulation standards. Our team are experts at storm drain cleaning and will make sure your stormwater systems are working properly. Stormwater systems accomplish many vital functions. Their primary purpose is to prevent flooding by rapidly removing surface water. A properly functioning drainage system also helps to maintain water quality, capture pollutants and contributes to balancing Florida’s precious drinking water supply.

 

CONTACT US TODAY TO FIND OUT HOW WE CAN HELP YOU!
CALL (954) 382-9766

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Reviving Previously Unenforced Restrictions

Reviving Previously Unenforced Restrictions

  • Posted: Mar 28, 2023
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Reviving Previously Unenforced Restrictions

Campbell Property Management 

While trying to enforce restrictions and rules in your community, have you run across evidence, or worse, been brought to your attention by current residents or a pending lawsuit, that your current or previous boards were arbitrarily or inconsistently been enforcing certain rules and restrictions?

What are you to do now? Just give in? Not necessarily. A restriction can be revived with notice, to the community, that the association will enforce the restriction moving forward. This lets owners know that the board will actively and evenly enforce the restriction in question. Attorneys refer to this as the Chattel Shipping clause and comes from the case in 1985 of Chattel Shipping and Investment, Inc. v. Brickell Place Condo Assoc.

In this case the association’s declaration of condominium prohibited unit owners from enclosing their balconies without prior approval from the board. Multiple owners, nevertheless, enclosed their balconies without the requisite approval. The board, prompted by a letter from the city that the enclosures violated the city’s zoning ordinance, informed the owners that it would enforce the restriction and prohibit future balcony constructions. After this announcement, one unit owner, Chattel Shipping and Investment, Inc., enclosed its balcony. When the association secured a mandatory injunction requiring the removal of the balcony enclosure, the unit owner sought a reversal on the ground that the association had failed to require the dismantling of the other existing enclosures and thus was unequally and arbitrarily enforcing the restriction.

The court rejected the owner’s argument, holding that the association could adopt and implement a uniform policy under which a building restriction will be enforced only prospectively without the enforcement of the same being deemed selective and arbitrary. This allowed for the association to revive the enforcement of a restriction despite previous non-enforcement by notifying the members of the board’s intent to prospectively enforce the restrictions.

In some cases, depending on the restriction, your association may want to adopt the restriction providing for grandfather status. You should always reach out to your association attorney for correct wording and advice.

The Seven Most Important Fitness Trends for the Year. by Commercial Fitness Equipment

The Seven Most Important Fitness Trends for the Year. by Commercial Fitness Equipment

  • Posted: Mar 28, 2023
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The Seven Most Important Fitness Trends for the Year

by Commercial Fitness Equipment

Commercial Fitness Products

954-747-5128

Commercial Fitness Products, a Florida based organization, has been serving the fitness needs of our customers nationwide for over 27 years. Our primary focus is Multi-Housing & Hospitality, as such, we stay current on the latest industry trends, and are able to share ideas on how we may equip or improve any community fitness center. We provide more than just equipment…our goal is to delight your residents & guests by providing them an exceptional fitness environment.

CFP’s team of experienced professionals are eager to assist you with prompt & courteous customer service. If you have any plans to add, change or upgrade your fitness amenity, we welcome the opportunity to work hard to earn your business.

The Corona pandemic has shaken up the fitness industry. Instead of the motto “higher, faster, further”, the future will see more health orientation, holistic offers and specialization in particular clientele such as risk groups. We present the seven most important fitness trends for the year 2021.

Fitness studios in Germany are in the middle of their second shutdown in the Corona year 2020, which has complex consequences – on the one hand, many fitness center operators fear for their existence with a cumulative loss for the industry of 460 million euros per lockdown month. On the other hand, many users (forcibly) reorient themselves and discover app and video training at home.

“The uncertainty in the industry is great. Many studios will not survive if the lockdown lasts much longer,” says Ralph Scholz. The head of the German Industry Association for Fitness and Health (DIFG) hopes that the fitness studios will be able to open again in January 2021 – that’s when most new members usually sign up with the Christmas kilos on their ribs.

The pandemic will massively change the fitness economy. This makes it all the more important for all players to set the right course for the future. These are the most important fitness trends identified for the year 2021.

 

1) Gyms Have to Meet High Hygiene Standards

Many people stay in shape during the lockdown period with running, walking, fitness exercises on their own or free digital services. Of these, a proud number of 73 percent intend to maintain this alternative training in the future. Although most fitness enthusiasts want to go back to the gym in the future, they place the condition that training is not associated with the risk of corona infection.

“The survey has shown that many people are concerned about having the highest possible standard of protection. It must therefore be in the studios’ own interest to ensure exactly that,” says Ralph Scholz in the ISPO interview. So the basic condition for studio operators in 2021 is to win back the confidence of fitness fans.

Over one million of the 11.6 million members in Germany in 2019 have quit their membership so far.

 

2) Fitness: Online Apps are Gaining in Importance

In the era of closed fitness studios, most sports and fitness fans have turned to online offers. Apps such as Freeletics, which use artificial intelligence (AI) to compile individual training offers for users, are particularly popular. “The main benefits for users are access to training planning, monitoring and even motivation at a fraction of the current cost, which means that many more people can be reached than ever before,” says Simon Alger, Lead Data Scientist at Freeletics, in an interview with ISPO.

Another example of the new digital trend: With the so-called peloton bike – a spinning bike with which you can connect with spinning fans around the world via the Internet – you can do your cardio training, for example, in virtual competition with many like-minded people around the globe.

 

3) Outdoor is King

The topic of outdoor fitness is gaining in importance precisely because of Corona: intensive training in particular is much less dangerous outside than indoors because of the draught. Fitness studios should therefore move more and more equipment and activities outside. This creates more safety for the users.

 

4) More Health Orientation in Fitness Offers

The experience of a pandemic, which is unique for everyone, has brought the topic of health into focus for many people much more than before. In principle, this is good for the fitness industry. Fitness strengthens the immune system. In fact it also needs the right and safe offers to do so.

 

5) Differentiated and Target Group Oriented Training

Whether it’s in media use, buying behavior or travel: individualization is advancing in all areas of life. This also applies, of course, to the fitness wishes of the clientele. Whether Beer Yoga, fastest possible self-optimization through high intensity training or the new workout trend Glide Fit: differentiated and target group-oriented training is mandatory.

All-round fitness studios will continue to exist. Nevertheless boutique and micro studios with tailor-made offers are attracting more and more customers. In these difficult times, specialisation can also be financially attractive for fitness studios. Scholz: “The interesting thing is that the more special you are, the more money you can demand from customers.”

For corona risk groups and senior citizens, health and fitness are just as important as for the rest of the population. This makes seniors a core target group that must be wooed with special offers and training opportunities. This can range from individual training sessions or workouts in small training groups to special premises and digital offers for risk-free training at home.

 

6) Mindset: Connection of Body and Mind in Training

The trend towards topics such as yoga, mental training or Pilates already existed before Corona. But it has been intensified by the pandemic. More and more people want to combine physical training with mental relaxation.

This desire is triggered not only by job-related stress, also by the strenuous homeschooling with children or financial and health fears in connection with the pandemic. “We must therefore also strengthen the sport psychological level in our offers”, demands Ralph Scholz.

 

7) Sport and Fitness Merge

Rather go to the gym to train on workout devices or jog outside? For many fitness freaks this used to be a real question of faith. The Corona period, including the closure of the studios, has accelerated the resolution of this either/or situation. Many equipment fans move to alternative indoor and outdoor offers, apps included.

“In the perception of the end consumer, this belongs together, if only because of the many new apps and wearables. That is why it is also important to develop holistic offers. In a sense, the gym is the pilot in this process,” says Scholz.

 

reproduced by: https://www.ispo.com/en/trends/seven-most-important-fitness-trends-year-2021 sent to us by Commercial Fitness Equipment.

 

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Hurricane Season is almost here! – Have you had your storm drains inspected yet?

Hurricane Season is almost here! – Have you had your storm drains inspected yet?

  • Posted: Mar 22, 2023
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Hurricane Season is almost here!
Hurricane season runs from:
June 1, 2022 through November 30, 2022
Have you had your storm drains inspected yet?
During a hurricane or tropical storm, it’s common for an area to experience several inches of rainfall and catastrophic wind over a very short timeframe. All of that excess debris and sediment from a hurricane can cause blockages in our stormwater systems, hindering them from operating properly.
Hurricanes are uncontrollable, but what we can control is taking the proper precautions and steps to make sure our stormwater systems are ready for the upcoming season!
Contact us today at 954-382-9766 or info@allstatemanagement.com to talk to one of our Stormwater Specialists!