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Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?

Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?

  • Posted: Mar 24, 2022
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Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?

BY   / of Becker

The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral communications and protects both individual and institutional clients including community associations.

However, the attorney-client privilege does not apply to every communication with an attorney and in certain circumstances can even be waived. For the privilege to exist, three requirements must be met: there must be a communication; the communication must have been intended to remain confidential; and the communication must have been made in the context of obtaining legal advice.

Pursuant to Florida’s Evidence Code, a communication between lawyer and client is “confidential” if it is not intended to be disclosed to third persons other than:

  1. Those to whom disclosure is in furtherance of the rendition of legal services to the client.
  2. Those reasonably necessary for the transmission of the communication.

Florida courts have stated that the second exception (i.e. those reasonably necessary for the transmission of the communication) applies to agents of the client. This is so because in Florida, all corporate powers are exercised by, or under the authority of, the association’s board of directors. Further, as an inanimate entity an association cannot speak directly to its lawyers and must instead act through agents.

A management company and its personnel are generally responsible for the day-to-day operations of the community, implementing directives of the board, and serving as a liaison between an association and its counsel. Although a reasonable interpretation of the Florida Evidence Code and case law implies that a property management company is likely an agent of the association, such a determination is not guaranteed.

However, there are steps that can be taken by the association and its counsel to support an assertion of privilege such as including language in their management contracts that expressly extends the attorney-client privilege from the association to include the manager. The association’s counsel can also prepare a general Board Resolution authorizing the management company and its employees to act as agents of the association where necessary to further communications with legal counsel.

Evidentiary privileges (such as the attorney-client privilege) are sacred protections in a court of law. It is imperative that proper measures are taken to ensure that said privileges are not compromised. If your association finds itself involved in a potential or pending litigation, the board needs to work closely with the association’s attorney to protect the privileges the law provides to keep confidential communications out of the hands of the wrong people.


John Stratton

John handles business litigation and appellate matters representing individuals and corporations across an array of industries. He has significant and successful litigation experience in complex commercial, corporate, land use, and condominium litigation, contract disputes, commercial loan workouts, and civil appellate proceedings in both state and federal appellate courts.

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We are excited to announce to the Falcon team our new Chief Financial Officer, Clifton McElyea!

We are excited to announce to the Falcon team our new Chief Financial Officer, Clifton McElyea!

  • Posted: Mar 24, 2022
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We are excited to announce to the Falcon team our new Chief Financial Officer, Clifton McElyea! 

Clif brings 20+ years of experience in progressive leadership roles, including serving as CFO of a major provider of advanced technology solutions across the federal, state, municipal, commercial, and petrochemical refinery markets, and extensive experience with A/E firms. He has a wide technical accounting foundation with experience in public accounting, US GAAP, controls, reporting, systems, FP&A, corporate development, and treasury and strong penchant for building consensus, creating effective relationships, and negotiation skills. 

Clif is passionate about solving dynamic problems with creative solutions and will be responsible for driving the company’s overall financial strategy, including growth plans as we continue to expand our footprint. He will be playing an important role building a strong finance team with deep expertise and assisting with all 10 of Falcon’s offices. The dedication he’s shown throughout his career in unlocking business potential is invaluable to this next chapter with the Falcon Team.

Welcome to the team Clif!

CONTACT US (through our SFPMA Membership Page)

The Falcon Group
95 Mount Bethel Road
Warren, NJ 07059
(908) 595-0050
www.thefalcongroup.us

LAST SURFSIDE-INSPIRED BILL FAILS – A Perfect Opportunity Lost

LAST SURFSIDE-INSPIRED BILL FAILS – A Perfect Opportunity Lost

  • Posted: Mar 24, 2022
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As a result of the 2022 Florida legislative session, there will be no new statutes requiring mandated building/engineering inspections, no statutory changes to budgeting procedures, no mandated reserve study requirements, and no statutory changes to required disclosures.

While only a very few Florida counties have mandated in their code of ordinances that older condominium buildings have life-safety inspections, that does not mean required maintenance and proper planning can be otherwise avoided elsewhere. Board members must exercise their fiduciary duties with due care and due diligence. Voluntary engineering inspections and professional reserve studies should be considered to take place on a regular schedule. Maintenance, repairs, and replacements should be budgeted and funding sources properly identified.

As often explained by Board Certified attorney Lisa Magill, “is the law the only reason you stop at a red light? Probably not. You stop because there’s a likelihood a truck will smash into you from the side.” In other words, common sense should prevail. All condominium unit owners know that one day the roof, air conditioners, and water and cooling towers will need to replaced, the building will need to painted to ensure a water tight seal remains intact, the pool will need re-surfacing, and the parking areas and asphalt will need attention, too. Perhaps one of most expensive repairs, which is rarely discussed, let alone planned for and budgeted in advance, that even the Florida Statutes do not specifically mention it by name, is concrete restoration, which can cost tens of thousands of dollars, and often such repairs cost millions of dollars depending on the extent of the repairs. But, such repairs are a given. It is not a matter of “if” but rather only a matter of “when” these repairs will be required.

The only way to avoid a revolt of the membership when explaining the upcoming multi-million dollar assessment is to lessen the blow by having some, if not all, of the needed monies already saved in a reserve account. Section 718. 112(1)(f)(2)(a) provides that, “[i]n addition to annual operating expenses, the budget must include reserve accounts for capital expenditures and deferred maintenance. These accounts must include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000. The amount to be reserved must be computed using a formula based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item. The association may adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance.”

While a majority of the quorum of the membership can vote to waive or reduce reserves, this can only occur if the board of directors provides the membership such opportunity. For example, when voting to reduce reserves the percentage by which the required reserve can be reduced is decided in advance by the board and then presented to the membership for the vote. In light of the Champlain Towers South disaster, boards of directors should put considerable thought into these decisions.

On March 12, Ann Greggis of Florida Politics reported that “the Legislature’s inability to pass any legislation updating condo regulations in the wake of last summer’s disaster that killed 98 people stunned observers…For this Session, nine bills sought to change rules regarding condominium associations…An estimated two million people live in 912,000 Florida condo units that are 30-years or older. Another 131,773 units are 20 to 30 years old, according to the Florida Engineering Society & American Council of Engineering Companies of Florida….The executive director of the engineering society and council called the failure to pass any legislation this year a ‘missed opportunity,’ according to a news release.”

On March 11, Jon Schuppe and Phil Prazan, NBC 6 South Florida reported that, “[i]n the nine months since 98 people died in the collapse of a Surfside, Florida, condominium, state lawmakers have pledged to pass measures that could help avoid a similar disaster.

On Friday, they failed.

Negotiations between the Florida Senate and House of Representatives, both controlled by Republicans, broke down, with the two sides unable to agree on a bill that would require inspections of aging condo buildings and mandate that condo boards conduct studies to determine how much they need to set aside for repairs. The talks were undone by a disagreement over how much flexibility to give condo owners in the funding of those reserves.”

Never has the term “sausage factory” been more appropriate to describe the 2022 team of Florida legislators who failed to pass meaningful legislation that could have helped thwart another Champlain Towers South disaster. But, just because the legislature failed in doing so (for this year), that does not mean, as a board member, that you can fail, too. Make a commitment to your condominium community to plan for the future. Adopt a board resolution, or even amend the condominium declaration, to have required building inspections and reserve studies. In addition, if your association is waiving reserves year after year, stop it and start saving for the future. You will be glad you did.

 

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Aruba Permit Services – provider for closing all your open building permits and building code violation needs.

Aruba Permit Services – provider for closing all your open building permits and building code violation needs.

  • Posted: Mar 23, 2022
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Aruba Permit Services is your one-stop-shop provider for closing all your open building permits and building code violation needs.

We will provide all the disciplines necessary to close out open permits. We are your one place to go for all your permit needs!

We Specialize in Resolving Open or Expired Permits, Code Violations, and Lien Negotiations!

Your one stop shop provider for closing all your open building permit needs, providing all the disciplines necessary to close out open permits. We are the leading professionals in the South Florida area including Broward County, Palm Beach County and Miami-Dade County.

A building permit is an official approval issued by the local government agency that allows you or your contractor to proceed with a construction or remodeling project on your property. It is intended to ensure that the project plans to comply with local standards for land use, zoning, and construction. These standards are intended to ensure the safety of current and future owners and occupants and to provide enforcement of zoning and land-use policies.

 

Check out our newest animated video!!! Let us know what you think 😊 and don’t forget Aruba Permit Services is always here for all your open/expired permit and code violation needs!
Call us today at (954) 786-7292 or visit our website for a free quote, www.aruba-services.com.
Contact us:
(954) 786-7292
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Beckerballot – State-of-the-art online voting platform to your associations portfolio of services. Powered by beckerlawyers.com

Beckerballot – State-of-the-art online voting platform to your associations portfolio of services. Powered by beckerlawyers.com

  • Posted: Mar 23, 2022
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Beckerballot – Powered by beckerlawyers.com

Technology is an unavoidable and critical part of any business. As such, why not consider implementing a state-of-the-art online voting platform to your associations portfolio of servicesBeckerBALLOT.com is the perfect solution to help you streamline operations for your community, is extremely easy to setup, and it will give you the added advantage of increasing both your relevancy and residential appeal, thereby setting you apart from your competition!

Watch our Webinar for more information

 

Here’s what you will learn during the webinar:

  • Walk through of BeckerBALLOT.com and its administration section/voting portal
  • See examples of how others have successfully utilized the platform to benefit their communities
  • View a demonstration on how to upload users, how to set up a vote, how to cast a vote, and more
  • Learn about the functionality and ease of use
  • Find out about flexible pricing options
  • Participate in a Q&A with our customer support team to answer any questions you may have

 

Click here to view upcoming BeckerBALLOT.com webinars.

The voting platform must also comply with a number of other requirements to ensure voter access and voter anonymity for election votes. It is strongly recommended that you speak with your lawyer to ensure that the proper initial legal steps have been taken whenever you decide to offer online voting as a voting option in your community. In Florida the shared ownership statutes require that the board of directors first pass a statutorily-compliant Board Resolution Authorizing Electronic Voting and obtain written consent from the owners wishing to utilize online voting.

Check out BeckerBallot.com/FAQs for more information

 

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ASAP Fire Sprinkler Protection Contractors we will provides a range of services for your fire pump system, maintenance, Inspection, testing, repair…..

ASAP Fire Sprinkler Protection Contractors we will provides a range of services for your fire pump system, maintenance, Inspection, testing, repair…..

  • Posted: Mar 23, 2022
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ASAP Fire Sprinkler Protection Contractors we will provides a range of services for your fire pump system, maintenance, Inspection, testing, repair, refurbish, certification that will comply with state local and national life safety code requirements.

 

Asap Fire Sprinkler Protection, is License, Bonded & Insured Florida base Fire sprinkler company who specializes in fire protection and life safety. Our goal and commitment is to deliver unparalleled service to all our customers. With 27 years of combined experience, we are capable of installing, servicing, repairing and inspecting any type of residential, commercial, industrial or special hazard fire sprinkler systems.

Our company was built on our hard work, hands-on experience, and customer satisfaction. Asap Fire contractors are known and respected in the industry for our daunting precision and field proficiency.

Asap Fire contractors can successfully handle all aspects of fire sprinkler integrated and suppression systems. Because life safety is our #1 goal, we use innovative thinking and meticulousness craftsmanship on every project.

 

Our work ethics have gained client retention and trust from the public, business owner, building associations and State of Florida Fire Inspectors. Our promise to our customers is to always conduct business with integrity and honesty. Our goal is to ensure the safety and well-being of your property, your business, and your Life, We are Asap.

Dennis Lyons
asapfirepro@gmail.com
Estimator/ Manager
305-842-0042
ASAP Fire Sprinkler Protection LLC
http://asapfirepro.com

 

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When home and unit owners don’t pay their association fees and dues, the Board is challenged with handling the collection of those delinquent funds.

When home and unit owners don’t pay their association fees and dues, the Board is challenged with handling the collection of those delinquent funds.

  • Posted: Mar 23, 2022
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Self-Managed condominium associations and HOAs are governed by well-meaning volunteer leaders who keep a close eye on the association’s finances. When home and unit owners don’t pay their association fees and dues, the Board is challenged with handling the collection of those delinquent funds. Running a tight ship often leads to no available cash for unforeseen problems. Hiring an attorney to handle a collection matter is expensive and just doesn’t make sense. Axela Technologies collection solution offers the self-managed association Board a collection solution at no cost or risk to the association. Licensed and insured collection services from Axela Technologies lets the self-managed association keep their budget intact while collecting the delinquent funds they are owed and need to run the association. That’s just smart!

Attorneys can be very useful to self-managed condominium associations and HOAs when they need legal assistance. However, using an attorney when a homeowner has fallen behind in their dues and assessments is not a frugal choice. Whether successful or not at resolving the problem, the attorney will require payment. After all, they are providing legal services at a billable hourly rate. Smart self-managed condominium and HOA Boards know that they have a collection problem, not a legal problem. Employing Axela Technologies to solve the collection problem makes sense. Unlike an attorney, there are no hourly fees and the low reasonable fees that are charged by the collection agency are passed through to the delinquent homeowner, where they belong. After all, it was their failure to produce timely payment of their fees and assessments that put the association in this predicament to begin with. It wouldn’t be fair to force the good-paying home and unit owners within the self-managed association to foot the bill for the association to collect the monies it is owed.

Using an outsourced collection agency like Axela Technologies is in the best interest of all involved. Forward thinking Board members of self-managed condominium associations and HOAs know that spending as little money as possible is in the best interests of all association members. That is one of the reasons they chose to self-manage in the first place. Axela Technologies provides a perfect solution to a potentially expensive problem. The collection fees passed through to homeowners from Axela are far less than those of an expensive attorney who charges by the hour. Not only does the self-managed association save money, their homeowners also benefit from a less expensive solution to correcting their indebtedness.

Axela Technologies handles all collections on a merit-based system. Visit our website at https://www.axela-tech.com today and ask to speak to one of our delinquency collection experts.

Hello Spring. Ride and drive safely!   Bike fatalities have increased almost 10% during the pandemic.

Hello Spring. Ride and drive safely! Bike fatalities have increased almost 10% during the pandemic.

  • Posted: Mar 22, 2022
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Hello Spring. Ride and drive safely!
Bike fatalities have increased almost 10% during the pandemic. This is the highest level since 1987. While many people stayed out of their cars during the pandemic, bicycle usage rose to its highest level ever as people tired of working from home wanted to get outside. The American College of Surgeons estimated that trauma cases from bicycle-related injuries increased 100%.
Drivers and bike riders can take some simple steps to lower any chance of becoming injured in a car or bike accident:
For Drivers:
1. Slow your speed
The United States Army conducted a study to find out whether speeding saves time.
The conclusion: Except for long trips, local speeding does not save more than a few minutes. And with higher speed limits on interstates, speeding on the highway did not save that much time.
2. Wear a seat belt
Studies show you are better off wearing a seat belt in a serious accident. The Transportation Safety Council have found seat belts reduce the risk of death by 45% and cut the risk of serious injury by 50%.
For Bicyclists:
1. Wear a helmet and high visibility clothing
2. Stay out of the road whenever possible
3. Obey traffic signals
If you know of someone seriously injured in a car accident or bike accident, call the Maus Law Firm for a free consultation.
May be an image of 1 person, bicycle, footwear and text that says 'Hello Spring Ride and drive safely this season'
If you or a loved one has been seriously injured in an accident, you deserve an attorney you can trust – to prepare your case properly, and to obtain the compensation you deserve.
The Attorneys at the Maus Law Firm have tried more than 130 jury trials, and recovered millions of dollars on behalf of their clients. In fact, most of our cases are referred from our former clients on cases in which we served as the lead accident claims lawyer.
The Maus Law Firm has been recognized by the Florida Justice Association, a statewide collection of trial attorneys, is a member of the Million Dollar Advocates Forum, and is a member of the Trial sections of the Florida Bar Association and Broward Bar Association.
Call us for a free consultation. You should benefit from the experience of a Florida personal injury attorney for your case.
https://www.mauslawfirm.com/
Webinar: To answer questions you may have regarding New Freddie Mac underwriting requirements.

Webinar: To answer questions you may have regarding New Freddie Mac underwriting requirements.

  • Posted: Mar 21, 2022
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Webinar to answer questions regarding New Freddie Mac underwriting requirements. by Katzman Chandler & Concierge Plus

Webinar to answer questions regarding New Freddie Mac underwriting requirements. by Katzman Chandler & Concierge Plus

  • Posted: Mar 20, 2022
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Algae growth in South Florida lakes is not an uncommon thing, but it seems to be more of a nuisance in the summer months.

Algae growth in South Florida lakes is not an uncommon thing, but it seems to be more of a nuisance in the summer months.

  • Posted: Mar 20, 2022
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Got Lakes? Algae season is coming up!

Here is an article to help you answer all those questions your residents may have!

Author: Stephen Montgomery, Senior Biologist / Allstate Resource Management
Algae growth in South Florida lakes is not an uncommon thing, but it seems to be more of a nuisance in the summer months. What are the causes of algae growth in our community lakes and why is it more prevalent in our warmer, rainy season? Algae, like all other plants, requires sunlight and nutrients to grow. These ingredients are the primary factors in how much and how fast algae is going to grow, but our urban waterways have unique circumstances that also contribute to the potential for algae growth during our summer months.
   The primary nutrient for freshwater algal growth is phosphorous. Phosphorous occurs naturally in our lakes from several sources such as decomposing organic matter, bottom sediments, animal waste from wildlife utilizing the water, and even interaction with the air. Strong winds can carry dust, dirt, leaves, and palm fronds and deposit them in lakes. All of these become sources of additional nutrients as they break down.
   Aside from natural causes, certain actions by people also contribute to elevated algae production during the summer. Irresponsible fertilization combined with frequent saturating rains can cause runoff of materials down those slopes and into the water.
 One of the most common contributors to excessive algae growth is also one of the most avoidable: The grass itself. The sod around our lakes is packed full of every nutrient an algae could need. It’s no surprise that our lawns get mowed more frequently in the summer months. When grass clippings are blown into the lake they accumulate along the shoreline and begin to decompose. Each blade is a storage container of algae fuel and as they begin to break down they release it into the surrounding water. Mowers should stay sufficiently back from the shoreline or mow so that large amounts of clippings are not thrown into the lake.  (grass clippings in a lake is a recipe for algae)
Have more questions? We love them!
Contact us today at:
954-382-9766 or info@allstatemanagement.com