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Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

Stocking up: 500,000 fish released into South Florida waterways for sport, sustainability

Stocking up: 500,000 fish released into South Florida waterways for sport, sustainability

  • Posted: May 09, 2022
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The saying goes that there’s always a bigger fish. In this case, there’s always a bigger number of fish in Broward County this time of the year. article on Sun Sentinel.

Allstate Resource Management, a family business headquartered in Davie, sponsors a major event every year in which it stocks over 500,000 native fish in HOA lakes and partner communities in South Florida. The event took place in early April, marking its 22nd year.
The fish-stocking event is meant to increase populations of largemouth bass, bluegill, channel catfish and mosquitofish. Allstate manages the waterways that benefit from their efforts. According to their estimates, hundreds of thousands of nonnative fish die in South Florida ponds, lakes and waterways every year as a result of winter weather and other natural causes.
Allstate’s Executive Director Andy Fuhrman said that the company’s main focus is taking care of water quality in lakes in South Florida. He said that most of them are manmade stormwater retention ponds. “We try to make sure that the water quality is as healthy as possible,” he said. “We want to make sure that there’s no invasive vegetation, algae or excessive growth.”

 

Fish stocking in South Florida – find services on our website avail to property managers, boards and property owners throughout Florida.

Allstate Resource Management can handle all of your fish stocking needs in South Florida, whether it is triploid grass carp for assistance in weed control or largemouth bass for the avid angler. A balanced, healthy fish population can help to absorb nutrients in the water, control undesirable weeds, insects and other aquatic pests. They also provide a recreational asset for enjoyment. Call us today to find out more about our fish stocking services in South Florida.

We can design a lake or pond fish stocking program that is customized to meet your needs and budget which will include recommended fish species, quantity, government requirements and costs. For information on fish stocking, call us now

 

EDUCATIONAL RESOURCES FOR PROPERTY MANAGERS

One of the most challenging aspects of lake maintenance is communicating the management program to the clients. A homeowner that sees a lake from a purely aesthetic point of view has a vastly different understanding than an applicator that is actively managing it.

We have the ability to help you educate your homeowners about their lakes and what we do. When you have questions about how your lake is being cared for, our experienced applicators are available to provide you with the answers you need. Feel free to print any of our “Understanding Your Lake” articles in this resource section.

If you would like us to supply articles for your HOA newsletters regarding waterway issues, please give us a call. We are also available for consultation presentations to HOA’s. We are a DBPR approved provider of CEU credits for CAM s and are available to supply your property management company with accredited courses.

Short Term Rentals A Neighborhood Problem. by Joseph E. Adams of Becker

Short Term Rentals A Neighborhood Problem. by Joseph E. Adams of Becker

  • Posted: May 05, 2022
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Short Term Rentals A Neighborhood Problem

Joseph E. Adams

Q: How can a homeowners’ association regulate owners renting out their houses to short term guests?  If the association were to enforce with a penalty, how can it collect on it? (E.H., via e-mail)

A: The place to start is knowing what your governing documents and local laws say about the subject. For example, some municipalities limit rentals in residential areas to a 30-day minimum, so violations could be reported to the local code enforcement agency.

Most documents limit the use of homes to “residential use.” These provisions have been extensively litigated in courts across the country and there is not a bright line test defining what activities constitute residential or commercial uses. However, courts have generally been reluctant to apply a residential use provision as a restriction on short-term rentals, and there is at least one appellate court decision in Florida to that effect.

Therefore, the most effective way to address rental restrictions is a specific provision in your declaration of covenants setting forth permissible and impermissible rental durations. Many declarations contain such a provision, while some do not. If your declaration does not contain a rental limitation, it would have to be amended in the manner set forth in the declaration. Most declarations require some level of super-majority approval for amendment, two-thirds and 75% being the most common standards. Some declarations require the vote be calculated based on all eligible voters, and some provide that the calculation is based on those who vote at a duly noticed meeting at which a quorum is established.

You should also be aware that the Florida Homeowners’ Association Act was amended in 2021 to limit the ability of homeowners’ associations to amend rental rights. The retroactive application of that statute to pre-existing associations is a complicated and open legal question. The new law provides that amendments limiting the duration or frequency of permissible rentals is only applicable to those owners who vote in favor of the amendment, those who vote against the amendment or don’t vote are “grandfathered,” but the amendment would be binding on their successors in title.

Importantly, Section 720.306(1)(h) of the Florida Homeowners’ Association Act does permit amendments that prohibit rentals for a term of less than six months or prohibit rentals of less than three times during a calendar year to be applied to all parcel owners if the declaration is properly amended, whether an owner voted in favor of the amendment or not.

Once you have determined what the actual rule is, the next question is how you enforce it. As stated above, if the rental violates local ordinances, referring the matter to code enforcement may be an effective and inexpensive way to seek redress.

Fining and suspension of common area use rights are one avenue, but probably not the most effective for this kind of violation. Many homeowners’ associations do not have the level of amenities where suspension of the right to use them deters violations. Fines are capped at one thousand dollars in the aggregate for ongoing violations, unless the governing documents permit a higher amount. There is also a somewhat detailed notice and hearing process that must be followed to impose a fine or suspension.  If a fine is properly levied, it can be a lien upon the home if it is for one thousand dollars or more and the language of your documents may also come into play. Otherwise, the venue to collect a fine is small claims court, and the prevailing party in a suit to collect a fine is entitled to recover their attorneys’ fees from the losing party.

The better approach for this type of violation is direct legal action by the association against the owner seeking a court order (injunction) to enforce the rule against short term rentals. Well-written documents may give you additional leverage in a court action. Generally speaking, the winning party can collect their legal fees from the losing party. The association’s lawyer should be brought into the picture early in the process, so he or she can advise what pre-suit steps may be necessary to protect your ability to enforce the restriction.

Joseph E. Adams is a Board Certified Specialist in Condominium and Planned Development Law, and an Office Managing Shareholder with Becker & Poliakoff. Please send your community association legal questions to jadams@beckerlawyers.com. Past editions of the Q&A may be viewed at floridacondohoalawblog.com.

Securely store and share all of your community documents online with our File Sharing feature.

Securely store and share all of your community documents online with our File Sharing feature.

  • Posted: May 05, 2022
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Securely store and share all of your community documents online with our File Sharing feature. Documents, files for owners, meeting minutes, forms, by-laws, photos, and even videos can be shared with permission-based access.

  • Uploading and distributing documents and images is very easy with our simple drag-and-drop system.
  • Keep all your community files organized in a centralized location.
  • Upload an unlimited number of various file types including .pdf, .doc, .xls, and many more.
  • Increase security by determining exactly who sees what with our permission-based controls.
  • Sending out a blast to residents? Easily include a file from what you’ve already uploaded with just a couple of clicks.
  • Don’t waste time searching aimlessly for a file ever again. Use the quick search functionality to find specific files or folders in an instant.
BOOK A MEETING

“It will make your life so much easier and make your business run much faster.” 

 

Maria Desforges, Property Manager

J&W Condominium Management

Book a meeting with me now and let me show you how you can deliver superior resident experiences with our Resident Experience Management portal.
Best Regards,

Charlote Alvarez

Business Development Representative — Concierge Plus
T: 305-850-7676 x114
charlote.alvarez@conciergeplus.com
Kaye Bender Rembaum is a full service commercial law firm dedicated to the representation of community associations throughout Florida.

Kaye Bender Rembaum is a full service commercial law firm dedicated to the representation of community associations throughout Florida.

  • Posted: May 05, 2022
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Kaye Bender Rembaum is a full service commercial law firm dedicated to the representation of community associations throughout Florida. Under the direction of attorneys Robert L. Kaye, Esq., Michael S. Bender, Esq., and Jeffrey A. Rembaum, Esq. Kaye Bender Rembaum provides its clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns. They have offices in Pompano Beach, Palm Beach Gardens and Tampa, and in Miami-Dade by appointment.

The associates of Kaye Bender Rembaum establish relationships with clients to understand their needs and goals. Kaye Bender Rembaum assists clients in all matters of Association representation including, but not limited to, collection of assessments, contract negotiation, covenant review and amendment, covenant enforcement and construction defect claims. Kaye Bender Rembaum also keeps clients up-to-date on new developments in the law and how they personally affect them. The firm provides prompt, effective, high quality, cost-efficient and understandable legal advice and services to a diverse client base. Associates strive to help clients operate and administer their communities better and to educate them on their responsibilities and duties under Florida law and their governing community documents. Robert Kaye, Michael Bender and Jeffrey Rembaum are industry leaders who are often sought out by public policy makers and the media for advice and commentary on community association law.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Thank you for your interest in Kaye Bender Rembaum.


Practice Areas

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

  • Assessment Collections
  • Construction Defect Claims
  • Contract Drafting and Negotiation
  • Covenant Enforcement
  • Fair Housing
  • Land Use and Zoning
  • Litigation and Arbitration
  • Master / Sub Association Issues
  • Pre and Post Turnover Planning
  • Review and Amendments of Covenants

Contact Us

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Statutory Meeting Requirements by Becker

Statutory Meeting Requirements by Becker

  • Posted: May 04, 2022
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Statutory Meeting Requirements

 POSTED ON 

Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. In fact, applicable laws governing the operation of condominium and homeowners’ associations allow board members to communicate by email but prohibits them from voting on issues by email.

Notably, a gathering of a quorum of board members to conduct association business is considered a board meeting (whether taking place in person or by real-time electronic means) and is required to be noticed and open to association members. However, two important exceptions apply. Namely, meetings of the board or an association committee at which the association’s attorney is participating for the purpose of rendering advice upon proposed or pending litigation are not required to be open to association members. Similarly, board meetings held to discuss personnel matters are also not required to be open to association members.

Association members are entitled to speak at open meetings on “designated items” (HOA) or an item on the agenda in a condominium. However, the rights of members to speak at meetings is subject to any rules adopted by the association governing the frequency, duration, and manner of member statements. The right to attend open meetings includes the right to tape record or videotape them, as long as such recording activity is not disruptive. Furthermore, the Division of Florida Condominiums has adopted rules regarding recording condominium association meetings (found in Fla. Admin. Code Rule 61B-23.002(10)), and the Homeowners’ Association Act provides that homeowners’ associations may adopt their own pertaining to recording homeowners’ association meetings.

As such, there are statutory meeting requirements that must be followed for board meetings which must be kept in mind when an association is adopting or changing its procedures. Failing to follow the basic statutory requirements may result in problems. Questions about board meetings, committee meetings, which have their own set of requirements, and members’ meetings should be directed to legal counsel for guidance.

 

 

 

 

As leaders in Community Association Law, we not only helped write the law – we also teach it.

Did you know Becker provides over 200 educational classes per year throughout the State of Florida on a variety of topics ranging from board member certification to compliance, and everything in between? Our most popular classes are now available online!

To view our entire class roster, visit:
beckerlawyers.com/classes

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Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

  • Posted: May 04, 2022
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Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

Lawmakers have a way to save Florida homeowners $150 a year but State Farm doesn’t like it

Written By: Jason Garcia
In January, Gov. Ron DeSantis and the Florida Legislature had a chance to save money for Florida homeowners who are struggling to afford the soaring cost of property insurance.
Members of a key committee in the Florida Senate were presented with a plan that could have cut the price of homeowner’s insurance by an estimated $150 a year. And it would have done so without simultaneously imposing hidden costs on homeowners — like insurance policies that won’t cover the cost of replacing a roof or legal changes that make it much harder to fight back against a big insurer in court.
The plan involved expanding a public insurance fund known as the “Florida Hurricane Catastrophe Fund.” And it had support from a broad spectrum of industry interest groups and a bipartisan coalition of elected officials.
But the Big Business lobby hated it.
At Cohen Law Group, It’s About Justice!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.
(407) 478-4878

 

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Watch the Webinar: Updating Governing Documents

Watch the Webinar: Updating Governing Documents

  • Posted: May 03, 2022
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Watch the Webinar: Updating Governing Documents

We recently held an educational “Updating Governing Documents” webinar with Emily Gannon from Kaye Bender Rembaum to discuss why updating governing documents is critically important. The Webinar covered: The Hierarchy of Governing Documents The Amendment Process Common Misconceptions and more…

https://www.youtube.com/watch?v=UdKVohy_DhY&feature=emb_imp_woyt

FIRE SAFETY SYSTEM — FAIR WARNING?

FIRE SAFETY SYSTEM — FAIR WARNING?

  • Posted: May 03, 2022
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FIRE SAFETY SYSTEM — FAIR WARNING?

A serious DEADLINE (January 1, 2024) is creating another serious expense for Condo owners in the near future: FS 718.112 (l) — Firesafety.—Any high-rise association building must ensure compliance with the Florida Fire Prevention Code. That means that these buildings must retrofit either a fire sprinkler system or an engineered life safety system as specified in the Florida Fire Prevention Code.

But make no mistake: These buildings in question got ample warning: Since 2014 bills are being discussed and enacted creating this requirement. The deadline for the necessary retrofitting changed a few times – some ill-advised board members who didn’t care about the safety of their neighbors had the law firm of Becker& Poliakoff (former Senator Ellyn Bogdanoff, now an attorney with the Becker Law Firm) lobbying against this requirement, trying to remove this requirement in the statutes or minimum trying to postpone this deadline “forever”.

In 2017 then Governor Rick Scott even vetoed a bill that would have actually allowed residents to vote to end sprinkler and other safety requirements.

Let’s make no mistake: Safety requirements, especially in high-rise buildings, are absolutely necessary – even if some high cost is involved. We have seen in Surfside that neglecting safety requirements – or even ignoring them – can have deadly consequences.

Hopefully all these high-rise condominium buildings had board members that took care of creating reserve funds for installing the required Fire Safety System. They surely had long-time warnings.  We don’t want to see families losing their home because they were unable to pay the special assessment because the board members failed to collect the necessary funds over all these years.


 Need a Fire Safety Company for your Buildings?

Search our Members Directory – top companies can be found all over Florida that work with Condo and HOA’s.

When you are looking for companies to take care of your buildings fire safety, Our members are here to help.

ASAP Fire Sprinkler Protection LLC

Trending: Natural Lake MGMT Solutions

Trending: Natural Lake MGMT Solutions

Trending: Natural Lake MGMT Solutions

Enhance the health of your freshwater waterbodies with natural solutions like nutrient remediation, aeration, and more…

Maintaining a healthy lake or pond can be accomplished with natural, holistic management strategies. These tools can help improve water quality and enhance the aesthetics of your aquatic resource. Discover the benefits of natural management solutions…

ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management

ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management

  • Posted: Apr 29, 2022
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ALGAE BLOOMS: DID YOU KNOW?

by Allstate Resource Management

The climate in Florida is wonderful in many ways, but the year round warm weather and heat in the summer can increase algae blooms.
1. Lawn fertilizers are a big contributor to algae blooms. Leave at least a 10 foot buffer when dispensing fertilizer near a waterway. Fertilizer in the street will wash into the storm drains and all storm drains lead to the waterways.
2. Never blow or dispose of trash and lawn clippings into streets, storm drains, or waterways. They are loaded with nutrients and as they decay, they feed the algae blooms. All storm drains lead to the waterways.
3. Algae blooms may affect oxygen levels and block light which will harm the aquatic environment.
Allstate Resource Management has 25 + years helping South Florida homeowners associations with waterway management.
Contact us today at 954-382-9766 or info@allstatemanagment.com
for a FREE, no-obligation consultation
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How To Prepare Your Trees For Hurricane Season by Arborology Inc

How To Prepare Your Trees For Hurricane Season by Arborology Inc

  • Posted: Apr 28, 2022
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Hurricanes can cause massive damage to trees and landscape. Trees often end up hitting homes, power lines and other important property. If you live in Florida or any other location that is prone to Hurricanes you need to take steps to prepare your trees.

The most important step is even before you have planted the first tree. You should select the right tree for the right location. You should always select trees that are wind tolerant and have good branch structure. Trees with good branch structure will have less overextended limbs, included bark and tree defects. Some trees handle decay from pruning better than others making species an important factor in the right tree. If your trees don’t have all the desired characteristics don’t worry you can still have the tree pruned by a Certified Arborist to remove or reduce the defects in the tree. So many people overreact and remove their trees out of fear of the unknown. This isn’t always necessary and is a waste of money.

You should always have a Certified Arborist inspect your trees on an annual basis. A Certified Arborist will be able to identify tree defects and make recommendations on corrective actions. Be sure the Certified Arborist you are working with has the TRAQ (Tree Risk Assessment Qualification) credential. Ask your Certified Arborist to provide you proof of his qualifications so you are sure your getting sound advice. Don’t be afraid to get a second opinion before you commit to having work done. We recommend you first work with a consulting Certified Arborist that doesn’t perform tree service work so they have no financial interest in the recommendations made to you.

So now were ready to prune. I know you have tons of questions and I’m here to help you answer them.

Should you thin your trees so the wind can flow through them? No this can lead to overextended limbs which can fail during wind events.

Should you top your trees? Absolutely not, this is one of the biggest mistakes tree owners make. Topping trees will lead to weak attachment points, heavier upper canopy growth and reduced tree vigor.

Should you have the dead, broken, cracked or overextended limbs pruned or removed? Yes you should. Overextended limbs are long and have most of the weight at the end. Cracked or broken limbs have a high likelihood of failing during wind events, Dead limbs can break off and impact important property.

Should I prune my palms so they will survive the hurricane apocalypse? No palms are adapt to wind storms and have zero benefits from hurricane pruning. You will want to have them inspected by a Certified Arborist so any defects can be pointed out to you.

What can you do to help your trees survive a windstorm event? Plant the correct tree for the location, Have a Certified Arborist inspect them annually, prune only when you have a valid reason to prune them, provide fertilization when necessary and most of all don’t fall victim to fear or bad information.

If you are in need of a Certified Arborist to inspect your trees or help you determine what the best course of action is for your trees please contact our Certified Arborist at http://www.arborologyinc.com. We will be glad to meet you and empower you on managing your trees.


Ronnie Simpson
Board Certified Master Arborist
Arboriology Inc
http://www.arborologyinc.com

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