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

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

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

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

Managing Nuisance Pond Algae Without Algaecides

Written by Industry Expert Gavin Ferris, Ecologist 

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

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

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

How Algae and Nuisance Weeds Thrive

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

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

Managing Excess Nutrients in the Water

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

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

SCHEDULE AN ASSESSMENT

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

 

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Legislative Changes Opens the Door to New Options for Resolving “Disputes” In Condominium and Cooperative Associations By: Jennifer Horan, Esq.

Legislative Changes Opens the Door to New Options for Resolving “Disputes” In Condominium and Cooperative Associations By: Jennifer Horan, Esq.

  • Posted: Jun 14, 2022
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Legislative Changes Opens the Door to New Options for Resolving “Disputes” In Condominium and Cooperative Associations

By: Jennifer Horan, Esq. / Becker

Earlier this year, the Florida legislature passed changes to Florida’s Condominium Act (Chapter 718) the Cooperative Act (Chapter 719), and the Homeowners Association Act (Chapter 720), Florida Statute. These amendments went into effect on July 1, 2021 and opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, disputes between condominium associations and unit owners (or cooperatives and unit owners) were required to be submitted to arbitration through the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation (the “Division”) before filing a lawsuit regarding any of the following issues:

 

(a) The authority of the board of directors, under this chapter or association document, to:

1. Require any owner to take any action, or not to take any action, involving that owner’s unit or the appurtenances thereto.

2. Alter or add to a common area or element.

(b) The failure of a governing body, when required by this chapter or an association document, to:

1. Properly conduct elections.

2. Give adequate notice of meetings or other actions.

3. Properly conduct meetings.

4. Allow inspection of books and records.

(c) A plan of termination.

 

Before the 2021 legislative changes, the parties to an arbitration could request a referral to mediation; however, the request for mediation came with a potential “cost.” If the parties attended mediation but were unable to resolve their dispute, unless all parties agreed in writing to continue the arbitration proceeding, the arbitration was dismissed. The parties were then forced decide whether to proceed with filing a lawsuit to resolve their dispute. However, with the new legislative changes, a party to a dispute in a condominium or cooperative association has the option of either petitioning the Division for nonbinding arbitration or initiating presuit mediation. Now that there are options to consider when it comes to alternative dispute resolution, it is important to know the difference between arbitration and mediation.

 

Mediation and arbitration are both forms of “alternative dispute resolution” or methods of resolving disputes outside of a courtroom. Despite what you may see on TV, lawsuits are often extremely time consuming and expensive; not all disputes can be resolved in a sixty-minute time slot like they are in Law & Order. As such, alternative dispute resolution can provide a more expedient and less costly option to formal litigation.

 

Mediation is a confidential process that is conducted with an independent, trained, neutral third-party mediator. The mediator does not give legal advice and does not make any decisions regarding the dispute. Instead, the mediator acts to facilitate discussion between the parties and assists them in reaching an agreed upon resolution. In reaching an agreement, the parties have some degree of flexibility and can come up with creative solutions that may not be available remedies in court. In mediation, the parties are in control of their own destiny; they cannot be forced to accept a resolution in mediation. However, if they are able to resolve their dispute, the parties will document their agreement in the form of a written settlement agreement which will be binding in the same manner as a contract.

 

Unlike mediation, arbitration is more similar to litigation. A case in arbitration begins with the filing of a petition for arbitration. The petition must cite, among other things, that the petitioner gave the respondent advance written notice of the specific nature of the dispute; a demand for relief, and a reasonable opportunity to comply; and a notice of intention to file an arbitration petition or other legal action in the absence of a resolution of a dispute. Once the petition is reviewed by the Division, a copy of the petition is served to all of the respondents. The arbitrator is typically required to conduct a hearing within thirty (30) days of the case being assigned unless a continuance is granted for good cause shown. You can call witnesses and present evidence at an arbitration hearing; however, the arbitration hearing typically has a less formal “feeling” than a trial. There will be a ruling where one party “prevails”, as determined by an arbitrator. An arbitration decision is then generally rendered within thirty (30) days after a final hearing. The arbitration decision is only final in those disputes in which the parties have agreed to be bound by the arbitrator’s decision. However, an arbitration decision can also become final if a complaint for a trial de novo is not filed in court within thirty (30) days of the arbitration decision.

 

Arbitration does not give parties the flexibility and control over the resolution process that is provided in mediation. However, arbitration does provide a forum for resolving disputes that is typically more efficient and more cost effective than litigation. If you find yourself involved in dispute that is subject to alternative dispute resolution under the Condominium Act (Chapter 718) or the Cooperative Act (Chapter 719), Florida Statutes, you should discuss with your association’s legal counsel whether arbitration or mediation provides a better forum to resolve your particular issue.

 


Jennifer Horan

Shareholder

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Tune into Condo Craze and HOAs – Sunday at 11 am ON 850 WFTL OR ON YOU TUBE

Tune into Condo Craze and HOAs – Sunday at 11 am ON 850 WFTL OR ON YOU TUBE

  • Posted: Jun 11, 2022
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Tune into Condo Craze and HOAs – Sunday at 11 am ON 850 WFTL OR ON YOU TUBE

WELCOME TO OUR SHOW NOW ALSO BEING BROADCAST LIVE ON YouTube ON THE CONDO CRAZE AND HOAs CHANNEL! JUST CLICK THE YouTube PICTURE AND MAKE SURE TO SUBSCRIBE.

EVERYTHING YOU NEED TO LEARN ABOUT THE NEW LAWS REQUIRING RESERVES.

YOU NEED TO BE PREPARED FOR THIS MASSIVE CHANGE IN FLORIDA LAW.WE WILL TAKE YOUR CALLS AND ANSWER YOUR CONDO AND HOA QUESTIONS THROUGHOUT THE HOUR. CALL US AT 877-850-8585 DURING THE SHOW.

TAKING YOUR CALLS ON WHATEVER TOPIC YOU NEED ANSWERS TO OR WHATEVER YOU NEED TO GET OFF YOUR CHEST.

Watch the show this Sunday

 

Statutory Meeting Requirements by Becker

Statutory Meeting Requirements by Becker

  • Posted: Jun 11, 2022
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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.

RSVP for Free Hot Breakfast and Seminar

RSVP for Free Hot Breakfast and Seminar

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

Condo Inspection & Insurance Legislation Webinar Discussion about SB 4D and SB 2D

  • Posted: Jun 08, 2022
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Condo Inspection & Insurance Legislation Webinar

Discussion about SB 4D and SB 2D

Tuesday, June 21, 2022 | 12 Noon Eastern | Live via Zoom
Join Campbell Property Management, Attorney Michael Bender from Kaye Bender Rembaum and Paul Mack from Mack, Mack & Waltz Insurance for this webinar discussing the impact of SB 4D and SB 2D on community associations.
Attendees will learn about law changes that may impact their community associations in Florida.
If you know anyone who will benefit from webinar, please share this email.
Questions? Contact the host, Campbell Property Management, HERE
The Kaye Bender Rembaum Team Remains Available To You and Your Community Association
Visit KBRLegal.com for awesome free resources, including news with Legal Morsels and Rembaum’s Association Roundup, and our Event Calendar, which lists upcoming free classes.
Join Kaye Bender Rembaum in attendance at this networking breakfast & education event

Join Kaye Bender Rembaum in attendance at this networking breakfast & education event

  • Posted: Jun 08, 2022
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Wed., June 8, 2022 | 7:30am | DoubleTree PBG
Peter C. Mollengarden, Esq., from KBR, will be in attendance.
If you know someone who will benefit from this seminar, feel free to share this email.
Asbestos: The Truth & Nothing But the Truth
Course # 9628540 | 1 CE in OPP or ELE | Provider # 0005930
and
What Every CAM Should Know About Mold
Course # 9630575 | 1 CE in OPP or ELE | Provider # 0005930
Instructor: Robert Lozano, Environmental Pro with The Water Restoration Group
There will be a delicious, free hot breakfast and door prizes!
At the DoubleTree in Palm Beach Gardens
DoubleTree by Hilton: 4431 PGA Blvd. Palm Beach Gardens, FL 33410
If you have any questions or comments about this event, including about registration, please contact Terri Kaye at TSK. Here is how: TSK4Marketing@gmail.com
Kaye Bender Rembaum | Visit Us Online
Pompano: 1200 Park Central Boulevard South; Tel: 954.928.0680
Palm Beach Gardens: 9121 North Military Trail, Ste. 200; Tel: 561.241.4462
Tampa: 1211 N. Westshore Boulevard, Ste. 409; Tel: 813.375.0731
Offices in Miami by appointment: 800.974.0680
KBRLegal | 1200 Park Central Blvd. SouthPompano Beach, FL 33064
Does your community give residents the ability to make online payments? 

Does your community give residents the ability to make online payments? 

  • Posted: Jun 08, 2022
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Does your community give residents the ability to make online payments? 

Concierge Plus give residents more convenience and control by allowing them to view their account and pay charges from their bank account or credit/debit card – all integrated with your existing accounting platform!

  • Spend less time collecting and depositing checks by automating the payment process for your residents.
  • Residents can make recurring or one-time payments from their bank account by ACH or by using a debit/credit card.
  • Residents can access a history of charges and payments on their unit anytime, from any device.
  • Payments are deposited and settle directly into your bank account.
  • Built-in reminder email campaigns help drive online payment adoption and automatically remind residents that they have an overdue balance.
  • Flexible fee structure allows you to pay transaction fees or pass them on to residents.

“I love the platform. I think it’s extremely user friendly and it has so many functionalities. It’s my favorite platform and my favorite tool.” 

Joy Gilbert, Community Property Manager

The Building Group

Book a meeting with me now and let me show you our fully integrated, easy payment solution that gets results.
Best Regards,

Charlote Alvarez

Business Development Representative — Concierge Plus
T: 305-850-7676 x114
charlote.alvarez@conciergeplus.com
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Today: GET BOARD CERTIFIED FROM YOUR HOME!   June 8th – 6:00 p.m.

Today: GET BOARD CERTIFIED FROM YOUR HOME! June 8th – 6:00 p.m.

  • Posted: Jun 07, 2022
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GET BOARD CERTIFIED FROM YOUR HOME!
June 8th – 6:00 p.m.
IN ADDITION TO ALL THE OTHER TOPICS WE TEACH, NOW YOU CAN LEARN ALL THE NEW LAWS THAT JUST PASSED REGARDING THE DIFFERENT TYPE OF MANDATORY INSPECTIONS, MANDATORY RESERVES, WHO CAN DO YOUR RESERVE STUDY, FIRE SPRINKLER SYSTEMS, ENGINEERED LIFE SAFETY SYSTEMS AND MUCH MORE.
CONDO AND HOA EDUCATION IS ON-LINE! GET BOARD CERTIFIED FROM THE COMFORT OF YOUR OWN HOME.
REMEMBER, IF YOU DON’T GET CERTIFIED WITHIN 90 DAYS OF GETTING ON THE BOARD – YOU ARE OFF THE BOARD.
GET CERTIFIED BY TAKING OUR ON-LINE CLASS. WE HAVE CERTIFIED OVER 20,000 FLORIDIANS ALL ACROSS THE STATE. LEARN ALL ABOUT THE NEW LAWS AND ALL ABOUT CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, BUDGETS, RESERVES, FLORIDA’S NEW EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS AND MUCH MUCH MORE.
TODAY, JUNE 8th, 6:00 P.M.
TO REGISTER: CLICK HERE:
OR CALL OUR OFFICE AT: 954-983-1112
Florida residential property owners are subject to restrictive covenants on their property, be it by a declaration of condominium or declaration of covenants.

Florida residential property owners are subject to restrictive covenants on their property, be it by a declaration of condominium or declaration of covenants.

  • Posted: May 30, 2022
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Robert L. Kaye, Esq., BCS | Legal Morsels

A large percentage of Florida residential property owners are subject to restrictive covenants on their property, be it by a declaration of condominium or declaration of covenants.  In addition to these restrictions, Florida Statutes contain additional restrictions that apply to these properties, some of which involve use restrictions.  For condominiums, the provisions of the statutes are of a heightened significance because but for the statutes, condominium ownership of property does not exist.  However, for homeowners’ associations, restrictive covenants have been in use for centuries, well in advance of the existence of such statutes.  As a result, certain statutory provisions may not apply to every homeowners’ association in Florida.

There is a restriction within both the U.S. and Florida Constitutions that limit the ability of the state to enact a law that will impair an existing contract or vested contractual right.  Use restrictions contained in declarations of covenants have been identified by Florida courts as existing contracts between the property owner and the entity that operates the community under the governing documents (the association). There is also case law in Florida that addresses whether a change in the statute applies to the community based upon if a particular phrase is included in the governing documents (commonly referred to as Kaufman language).

If the governing documents include  Kaufman language, any changes made by the legislature in a given year will automatically be incorporated into the governing documents and apply to that community.  Conversely, if there is no Kaufman language, only what is referred to as “procedural” changes made by the legislature will apply to that community.  An example of a procedural change would be a change in a notice requirement for elections.  Statutory changes that are “substantive” would not apply in that instance to that community.  An example of a substantive change would be requiring the association to take on all exterior maintenance of the residential dwellings (presuming the documents do not already provide for that obligation).  Without the Kaufman language in the governing documents, this latter statutory change would not apply to that community, as such change would likely be considered unconstitutional.

During the legislative session in 2021, Section 720.306 of the Florida Statutes was amended to add subsection (h), which provides, in pertinent part, that any amendment to a governing document after July 1, 2021 that prohibits or regulates rental agreements applies only to a parcel owner who acquires title to the parcel after the effective date of the amendment or to a parcel owner who consents to the amendment (with specific exceptions relative to short term rentals and limiting rentals to up to 3 times a year).  However, under the analysis discussed above, rental restrictions and the ability to amend governing documents are generally considered substantive vested rights.  As such, this new statute appears to  impair the existing contractual rights of many property owners in homeowner association communities.

The first step in considering whether this new rental restriction change applies to a particular homeowner association community is to check the governing documents for Kaufman language (this also assumes that the documents were not initially created on or after July 1, 2021).  Typically, Kaufman language is not included in original documents by developers of communities, but  many associations have added it by amendment after the developer was no longer involved.  If the Kaufman language is in the documents, the new statutory rental restriction provisions apply.  If, however, there is no Kaufman language, the new rental restriction statute would not be applicable to the community.  In this instance, the membership could still amend the governing documents to prohibit or regulate rentals within the community, which should be enforceable against all current owners, regardless of whether or not they voted in favor of the amendment.

The issue of whether or not this new statutory change regarding rental restrictions violates the Federal and State Constitutions has not been tested in the Florida or Federal courts as of this writing.  Before considering amending the governing document in a homeowner association community to create rental restrictions, it is recommended to consult with the association attorney as to the limitations that may apply.