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Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class: 2/17 at 1:00 PM EST!  Emotional support animals on the property despite pet or animal restrictions.

Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class: 2/17 at 1:00 PM EST!  Emotional support animals on the property despite pet or animal restrictions.

  • Posted: Feb 15, 2022
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Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class:

2/17 at 1:00 PM EST!

Emotional support animals on the property despite pet or animal restrictions.

Register Today!

2/17 at 1:00 PM EST! Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class where you will learn about the Fair Housing laws on the state, federal and local level that impact community operations and actions with respect to requests to maintain emotional support animals on the property despite pet or animal restrictions.

Participants will learn about the Fair Housing laws on the state, federal and local level that impact community operations and actions with respect to requests to maintain emotional support animals on the property despite pet or animal restrictions.
Some topics to be discussed:
• Fair Housing Act and Disability Accommodations
• Evolving Law of “Prescription Pets”
• Establishing a Handicap
• Competing Definition of Service Animal Under ADAAA and FHAA
• What to do When the Disability is Not Obvious
• What a Disabled Person Needs to Provide in Order to Own a Service Animal
• Innate Qualities of Service Animal
• Failing to Make Reasonable Accommodations and Modifications
• What to do when “Skeptical” Information is Provided
• Damages and Penalties for Discrimination
• Register Now
CEU INFORMATION
Florida
Provider: #0000811
Course: #9630287
Credit: 1 ELE
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We’re excited to give away a $10,000 shoreline makeover to help enhance one lucky winner’s waterbody! by SOLitude

We’re excited to give away a $10,000 shoreline makeover to help enhance one lucky winner’s waterbody! by SOLitude

  • Posted: Feb 12, 2022
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Win a $10,000

Extreme Shoreline Makeover

Is your eroded shoreline hindering the enjoyment of your waterbody? Enter to win a shoreline makeover and enhance your lake or pond.

We believe balanced, healthy waterbodies help create meaningful experiences on and around the water, but erosion damage creates dangerous shorelines that severely affect our ability to enjoy our lakes and ponds. That’s why we’re excited to give away a $10,000 shoreline makeover to help enhance one lucky winner’s waterbody!

HOW TO ENTER:

Click the button below and submit a photo(s) of your eroding shoreline along with a few sentences sharing why your waterbody deserves this $10,000 makeover.

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Attention to detail. A simple phrase that’s not always so simple to comply with, especially in a community association context.

Attention to detail. A simple phrase that’s not always so simple to comply with, especially in a community association context.

  • Posted: Feb 09, 2022
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Attention to detail. A simple phrase that’s not always so simple to comply with, especially in a community association context.

by Howard J. Pearl / Becker

There are several technical provisions in the statutes governing community associations that
must be complied with. Chapters 607, 617, 718, 719, and 720, Florida Statutes have numerous
requirements that associations must adhere to. A few examples include meeting notice
requirements, board member eligibility requirements, record inspections, and others.
Associations must be cognizant of changes to the statutes regarding such requirements, some of
which pertain to regular or recurring events.
As associations go through the process of annual and election meeting notices, budget meeting
notices, etc., one cannot just blindly use the previous year’s notice as a template for the current
year’s notice. Associations must review any changes in the statutes to ensure this year’s notices
are still in compliance. Having your association attorney prepare, or at least review, all such
notices before they are sent out will help ensure the association is in compliance with the most
recently enacted statutes.
For example, Section 718.112(2)(d)(2.), Florida Statutes, previously provided that a person who
is delinquent in the payment of any monetary obligation due to the association, is not eligible to
be a candidate for board membership and may not be listed on the ballot. That provision was
changed in 2021 to now provide that a person who is delinquent in the payment of any
assessment due to the association, is not eligible to be a candidate for board membership and
may not be listed on the ballot. A small but significant difference. If your election meeting notice
includes any information about candidate eligibility, blindly copying the previous year’s notice
would have the association sending out inaccurate information regarding board member
eligibility. Attention to detail.
Another example pertains to a condominium unit owner’s suspension of voting rights due to a
delinquency. Section 718.303(5), Florida Statutes, previously provided an association may
suspend the voting rights of a unit or member due to nonpayment of any fee, fine, or other
monetary obligation due to the association which is more than 90-days delinquent. That
provision was changed in 2017 and now provides that an association may suspend the voting
rights of a unit owner or member because of nonpayment of any fee, fine, or other monetary
obligation due to the association which is more than $1,000 and more than 90-days delinquent.
While this change went into effect a few years ago, unfortunately I still run across associations
attempting to suspend voting rights of owners who are more than 90-days delinquent, but such
delinquency is not more than $1,000. Again, attention to detail.
Another area where attention to detail is necessary is the preparation of limited proxies. When
voting on a waiver of reserves in a condominium, Section 718.112(2)(f)(4), Florida Statutes,
provides that proxy questions relating to waiving or reducing the funding of reserves or using
existing reserve funds for purposes other than those for which the reserves were intended must
contain the following statement in capitalized, bold letters in a font size larger than any other
used on the face of the proxy ballot: “WAIVING OF RESERVES, IN WHOLE OR IN PART,
OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN
UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL
ASSESSMENTS REGARDING THOSE ITEMS.” When reviewing limited proxies prepared by
associations for such votes, very frequently I notice that while the disclaimer language is in
capitalized, bold letters, it is not in a font size larger than any other used on the face of the proxy
ballot. Attention to detail.
Posting of meeting notices is required by the statutes. Forty-eight (48) hours’ notice for a regular
board meeting; fourteen (14) days for some board meetings; 60-days for election meetings, etc.
Only mailing, or emailing notices is not sufficient. Some meeting notices require an association
to execute a proof of meeting notice (usually an affidavit signed by an association board member
or manager). While these notice requirements may seem trivial, especially since the notices are
mailed and/or emailed to owners, they are required by statute. Failure to properly post such
notices may result in any action taken at said meeting being void. Failure to maintain proof of
meeting notices when required may have the same effect, if any action taken at said meeting is
challenged. Attention to detail.
In regard to homeowner associations, Section 720.306, Florida Statutes, previously provided that
official notices were to be sent to the address on the property appraiser’s website. That provision
was changed to provide that official notices once again are to be sent to the mailing address in
the official records of the association under section 720.303(4), Florida Statutes. Attention to
detail.
There have been technical changes in how associations must notify owners of delinquent
assessments before the owner can be sent to the attorney for collections. These are technical
requirements that should be discussed with your association attorney. Blindly following previous
practices in regard to such collection notices and actions will result in delays and owner defenses
to association collection actions. Attention to detail.
In regard to budgets, remember that budgets mailed to association members must contain the
period of the budget year (for example, Jan 1, 2022 – Dec 31, 2022). I have seen many
associations go through the arduous process of preparing and adopting a budget, only to have
such budget challenged by a member because it did not contain the actual budget period, even
though there was enough information on the budget to know what period it was for. Attention to
detail.
While some of the above matters may seem minimal in regard to their impact on the association
or its members, the Florida Department of Business and Professional Regulation, Division of
Condominiums, Timeshares and Mobile Homes (“Division”) has recently changed its approach
in regard to association education versus fining. In the past, a first violation of one of the above
provisions, or another what would appear to be “minor” violation, was generally resolved by the
issuance of a warning letter from the Division, recounting the violation, the remedial measures,
and a warning to the association that future similar violations could result in a fine. Those
“warning” days appear to be over, as the Division has adopted a much more stringent
enforcement posture, which usually results in a fine to the association, even for a first violation
of a seemingly minor provision. Fines range from $10 to $30 per unit, with a maximum fine of
$5,000. I have seen recent cases where the Division initially sought to impose the maximum
$5,000 fine for an initial, minor violation (minor in accordance with Rule 61B-21, Florida
Administrative Code.)

Howard J. Perl

Shareholder

Ft. Lauderdale

 954.987.7550

 954.364.6054

 HPERL@beckerlawyers.com

 

 

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Join The Falcon Group in congratulating our two newest Principals of the firm! Mr. Steven Lang, R.A., AIA, NCARB and Mr. Sinisa Kolar, P.E.

Join The Falcon Group in congratulating our two newest Principals of the firm! Mr. Steven Lang, R.A., AIA, NCARB and Mr. Sinisa Kolar, P.E.

  • Posted: Feb 09, 2022
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Join The Falcon Group in congratulating our two newest Principals of the firm!

Mr. Steven Lang, R.A., AIA, NCARB

and Mr. Sinisa Kolar, P.E.

Steve Lang oversees Falcon’s building envelope division for the New Jersey, New York State and Connecticut regions. His responsibilities encompass all low-rise, mid-rise and high-rise building envelope and roof related projects within these regions. Steve has been the architect of record on 250 successful roof replacements. He assists clients in identifying deficient conditions, executing detailed investigations of specific concerns or complaints, developing repair details and specifications, and oversees a team of Project Managers, Senior Project Managers and Architects.

Sinisa Kolar is based out of the Miami office for The Falcon Group and brings over a decade of both international and domestic experience in all aspects of construction and engineering to the firm. Some of his responsibilities include design, construction, quality control, litigation support, retrofit and repairs of various residential and commercial structures. He works very closely with developers, contractors, attorneys, management companies, condominium and homeowner associations, private clients as well as architects and engineers.

Congratulations to you both on your new positions at The Falcon Group and we cannot wait to see all of the successes and what the future holds with you two as Principals!

CONTACT US

www.thefalcongroup.us

info@thefalcongroup.us

(908) 595-0050
Fishy Legal Tactics HOA Attorneys Have Used for Collections by Mitch Drimmer

Fishy Legal Tactics HOA Attorneys Have Used for Collections by Mitch Drimmer

  • Posted: Feb 05, 2022
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Fishy Legal Tactics HOA Attorneys Have Used for Collections

Mitch Drimmer  / Axela Tech

 

Thinking outside the box can be great, especially in the homeowners association and condo association industry. It’s what makes our signature collections process here at Axela so successful.

But out-of-the-box thinking can be used against you, too. Attorneys are always looking for new ways to make the most money, even HOA attorneys. Time and again we’ve seen the tricks they use claiming to try to collect for your association, but really they’re just lining their own pockets. So often, using an HOA attorney ends with the association losing the money owed to them, and having to pay on top of that to cover lengthy legal efforts that didn’t succeed anyway.

Every time we hear stories about the crazy lengths some lawyers will go to when collecting for HOAs or condos, we start to think maybe the box is there for a reason.

Unjust Enrichment Someone Expense Someone Else

Unjust Enrichment

A while back we talked about a community in a sticky collections situation. One of their unit owners had passed away, leaving a mortgage-free title to an heir. But, it came with a $13,000 tax certificate (which had been sold to an investor) and $17,000 owed to the association, as well as a tax-deed sale that had already been set. The perfect storm for the association to lose out on a hefty chunk of change. Now Axela was able to draft a clever plan to avoid that and had to act quickly to make it work, but if we hadn’t been called in, here’s what would have happened:

The HOA’s attorney wanted to let the unit go to the tax-deed sale and then file a suit for something called “unjust enrichment.” This is a claim basically stating that someone (in this instance, the investor who’d purchased the tax certificate) was paid at the expense of someone else (the association).

This is a risky play for a lot of reasons: first, if the tax sale goes through, the money owed to the association is ‘wiped out,’ meaning there is no chance of recovering money from the sale or from the owner after the fact. Additionally, if the judge found that the investor was not unjustly enriched (which is the likely outcome) their tax lien would have been rightly prioritized over association fees.

So the idea of unjust enrichment was a wild reach that was almost certainly going to be unsuccessful in recovering for the association. But it would have been a definite way to tack on a ton of hours in legal fees for the attorney, wouldn’t it?

Fishy Lawsuits Questionable HOA Attorneys

Sneaking In New Rules

Fishy lawsuits aren’t the only questionable trick attorneys have up their sleeves. One client we worked with had an attorney attempt to completely ignore state statutes by advising the Board to modify the community’s governing documents to contradict state laws. This was complicated and unethical for several reasons, like the fact that governing documents don’t overrule state statutes (something an HOA attorney would be WELL aware of!) so the attorney’s time and counsel which they charged the association for were totally unnecessary.

To add insult to injury, these changes were made to try to force the bank to take responsibility for debt owed to the association, creating a lengthy legal battle as part of this ridiculous plan. Again, we’re seeing a trend of attorneys being paid but the association not recovering their lost income – in fact, the community often winds up owing the attorney more for their efforts and having to write off the bad debt from the delinquent assessments. Talk about throwing good money after bad!

Attorneys Being paid associations not recovering

Just Because it’s Legal Doesn’t Make it Ethical

Clearly, all HOA attorneys are not the same, and we hope that your community association’s attorney is an upstanding and ethical partner for your community. You need your attorney to be available to advise you on decisions the Board makes to help prevent future lawsuits and to deal with any that do come.

But your attorney is just one of the tools in your community association’s toolbox. Just as you wouldn’t use your HOA attorney (and pay their high fees) to perform management tasks, you also shouldn’t be hiring your attorney to perform collections. The attorney’s only recourse is to take the issue to the courts. That means pursuing foreclosure, or, if that’s not likely to be successful, trying some legal scheme like these that will get the attorney paid for their time, but is unlikely to end with money in the association’s pocket.

The Attorney's Recourse To The Courts

Treating People Like People

Thinking outside the box can be great, but the more we hear about the crazy legal hoops attorneys find to jump through that only seem to take advantage of the association, the more we think that they need the box.

There’s at least one ethical, merit-based way that has a 95% success rate when it comes to collecting debts owed to associations: Axela. Our proprietary technology and process empowers defaulted homeowners to set up payment plans they can actually pay off, rather than harassing them for lump sums of money they’ll never be able to repay, or putting them out of their home in a foreclosure.

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Florida Statute Could Strike Down Delayed Collections For HOAs Post-Foreclosure by Axela

Florida Statute Could Strike Down Delayed Collections For HOAs Post-Foreclosure by Axela

  • Posted: Feb 03, 2022
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We know that this headline reads like a Florida-specific issue, but Florida is often used as a guideline for other state laws and courts. For this reason, we think it’s important for homeowners and condo associations in other states to take note.

In Accardi v. Regions Bank, Florida’s 4th District Court of Appeals reversed a lower court ruling that awarded the bank a deficiency judgment and remanded the circuit court to enter an amended final judgment to include attorney’s fees and taxable costs only. The bank was not able to recover its deficiency judgment.

This happened because of a Florida Statute that states “Actions other than the recovery of real property shall be commenced as follows … within one year” (of a certificate of title being issued or acceptance of a deed in lieu of foreclosure, that is):

“An action to enforce a claim of a deficiency related to a note secured by a mortgage against a residential property that is a one-family to four-family dwelling unit. The limitations period shall commence on the day after the certificate is issued by the clerk of court or the day after the mortgagee accepts a deed in lieu of foreclosure.”

That’s a lot of legal jargon that most simply translates to say that there is a one-year statute of limitations period for which a claim for a deficiency may be acted upon (not to be confused with the timeframe for enforcing a deficiency judgment that has already been entered) in order to avoid the deficiency claim from becoming time-barred.

This Accardi v. Regions Bank ruling got us all thinking. Clearly, it reflects a problem for banks and lenders who have had to foreclose and were left with a sale that did not satisfy the judgment amount at foreclosure, but that isn’t really the takeaway here. The takeaway is that, in theory, this same statute could potentially be used to prevent delayed collections for HOAs and condo associations when attempting to recover assessments post-foreclosure.

Is your community association trying to recover outstanding debt post-foreclosure? You should be.

If the association was the foreclosing party, and they recovered less than the amount owed as a result of the sale of the property, then that would give rise to pursuing a claim for a deficiency. So it would be very worthwhile to enforce a claim for a deficiency within a year of the certificate of title being issued.

Again, this statute of limitations is specific to Florida, so if your own state already has statutes that have different time restrictions, you need to follow those to the letter of the law. But doing this seemingly small task in the right time frame could be the difference between getting your deserved monies owed or leaving it all on the table due to a dickered-out semantic technicality.

Similarly, if an association has debt that is uncollectable from a subsequent owner due to superior lien foreclosure or tax sale, the association should act quickly to enforce its collection rights on this debt. While the fact pattern under this scenario is different from pursuing a deficiency claim created by virtue of the association’s own foreclosure sale, it would be wise to take action to collect on this debt sooner rather than later, to avoid any potential argument that would suggest it is a deficiency and that it is time-barred.

Collections delayed are collections denied.

No HOA or Condo association should stop trying to collect the money it is owed to them until said debt has been declared uncollectible by a collection professional, and that may not be your community association attorney. Don’t leave money on the table and don’t accept HOA and condo delinquency write-offs. Let a professional Condo and HOA collection company recover the money that is owed to your community association.

Axela Technologies, the nation’s leading collection company for community associations, does know the laws nationwide and we suggest that pursuing that debt at no cost and no risk is a good strategy. A great strategy, you must send the file to collections before it is too late. Perhaps a court will say that beyond one year is too late.
Don’t write off debt that could have been recovered. Call us for a free review and collection analysis. Not only can we collect from debtors who have been foreclosed on, but we can also collect from homeowners who are behind on their assessments, all at no cost to the association.

 

 Community Focused

  Collection Services for Condos, HOAs and their Service Providers

Find us on SFPMA Learn more about the services we provide.

 

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Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes by Sarah Wilson of Becker

Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes by Sarah Wilson of Becker

  • Posted: Feb 02, 2022
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Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes

by Sarah Wilson of Becker

 

In general, a community association is responsible for operating and maintaining the common areas of the community (in the case of homeowners’ associations), and the common elements (in the case of condominium associations). If there are trees located on these common areas/elements, the association’s maintenance duties will include trimming and even the removal of trees that may be dead or dying.  Before performing any significant trimming or removal of trees, however, an association must determine whether any prior governmental approval is required.

It is common for counties and/or cities to have ordinances regulating the planting, removal, and replanting of trees in residential areas and requiring a permit prior to the removal of certain trees. Section 163.045, Florida Statutes, which went into effect on July 1, 2019, appears to change the extent to which local governments can enforce such tree regulations. Interpretation issues, however, leave the true scope of the statute unknown, particularly as it relates to community associations.

The statute, which was intended to strengthen property owners’ rights against local government overreach, prohibits local governments from requiring notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.  Additionally, under the statute a local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.  [Note: Section 163.045, Florida Statutes, does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333, Florida Statutes.]

In applying this statute, it is important to note that it only applies to “residential property” and only to trees which are documented by a certified arborist or a Florida licensed landscape architect as “present[ing] a danger to persons or property.” Both exemption requirements present interpretation issues. The fact that “residential property” is not defined has caused some governmental authorities to question whether this exemption would even apply to common areas/elements in the community association setting.  Additionally, the requirement that a certified arborist or licensed landscape architect must document that a tree “presents a danger to persons or property” is problematic in that dangerous is not a term that is normally used or defined in the tree care industry’s risk assessment standards. Rather, assessments of tree safety by such professionals focus on the qualified risk of trees, and how this relates to the statute’s use of the word “danger” remains to be seen.

Local governments have acknowledged that the statute sets up some interpretation issues, and it has been reported that different jurisdictions are reaching different results.  The consequences of an association, without prior approval, trimming or removing trees in a jurisdiction that is interpreting this statute as not applying to common areas/elements could be code enforcement actions, costly fines, or other remedial measures. For this reason, before trimming or removing trees from the common areas/elements, it is recommended that associations consult with their association attorney to discuss how their local governments are interpreting this statute and whether or not local ordinances must still be followed before pruning, trimming, or removing trees.

 

 Sara K. Wilson

Attorney at Law

Orlando

 407.875.0955

 SWILSON@beckerlawyers.com

 

 

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The New York Times was doing a story about the incredible number of condominiums in Miami and how fast they were all built read it here!

The New York Times was doing a story about the incredible number of condominiums in Miami and how fast they were all built read it here!

  • Posted: Jan 31, 2022
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HOW IN THE WORLD DID WE  GET HERE?

By Eric Glazer, Esq.

So, I get a call a few weeks ago from a reporter at The New York Times.  He was doing a story about the incredible number of condominiums in Miami and how fast they were all built.  How the entire skyline on the coast changed dramatically in the past 40 years or so and if it’s possible that The Champlain Towers in Miami was just a freak occurrence, or something that we need to start thinking about regarding all condominiums that were rushed through and given the green light.  Is it possible for other similarly situated buildings to start falling down?

The story is somewhat startling but not surprising.  It’s a story about greed, out of control construction, tampering with Mother Nature, little to no inspections, rushed through permits,  law firms and politicians helping developers  and The Florida Legislature turning a blind eye towards all of it.

If you’re living in a building in Miami, this is a must read.  If you don’t live in Miami, but are concerned about whether or not your building was built properly, it’s a must read as well.  Besides myself, there are politicians, builders, developers and other experts that tell their side of the story in detail.  Some of it is shocking.

Because so many turned their backs years ago, no wonder the story is called THE TICKING CLOCK OF MIAMI’S CONDO EMPIRE.  You should also know that coincidentally, Robert Lisman, who is the resident from Champlain Towers East, is the producer of our Condo Craze You Tube channel.  It’s a long article but again, it’s a must read.  To read it, click the Towers and the Ticking Clock below:

The Towers and the Ticking Clock

 

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At International Subsea Services LLC, we are focused on providing Subsea Solution services with the highest levels of customer satisfaction  832-257-0813

At International Subsea Services LLC, we are focused on providing Subsea Solution services with the highest levels of customer satisfaction  832-257-0813

  • Posted: Jan 29, 2022
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International Subsea Services LLC

832-257-0813

At International Subsea Services LLC, we are focused on providing Subsea Solution services with the highest levels of customer satisfaction –

We will do everything we can to meet your expectations with a variety of offerings to choose from, we’re sure you’ll be happy working with us. I am currently an independent contractor and have been in the commercial offshore industry for the past 14 years. I have worked as a Project Manager that produces results for a wide variety of clientele. The base of my experience is in Diving/ ROV operations/ subsea installations and construction projects worldwide. I have performed a variety of jobs such as offshore oil rig subsea operations and completions, flow line jumper, measurement and construction of flexible and rigid jumper pipeline, seabed and rig surveys, onsite intervention projects of various natures in remote locations, First subsea pipeline repair done exclusively with ROV and intervention tooling. ROV intervention SIT’s and FAT’s for a wide variety of equipment including ROV access and tooling interface. We look forward to working with you and joining you Project management team.

International Subsea Services

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Are Algal Blooms Harmful to Humans? by SOLitude

Are Algal Blooms Harmful to Humans? by SOLitude

  • Posted: Jan 26, 2022
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Are Algal Blooms Harmful to Humans?

by SOLitude Lake Management

 

Are Lake & Pond Algal Blooms Harmful to Humans?

During the summer, we all look forward to recreational activities on local lakes and ponds; however, sometimes our plans are canceled due to unsightly, smelly, harmful algal blooms. Knowing a little about how HABs form can help us understand their health effects, ways to identify them, and strategies to prevent them.

How Do Harmful Algal Blooms Form in a Lake?

Algae are a natural feature in many aquatic ecosystems. Most lakes have some algae growth on a regular basis, especially during the warm summer months, but it is crucial to stay on top of the algae development since blooms can happen quickly – before you know it, there are ugly floating mats on the lake’s surface. Likewise, certain species like cyanobacteria (also referred to as blue-green algae) can create concerning conditions by releasing dangerous toxins into the water.

Here are some signs that a bloom may be harmful:

  • Visible pond scum on the lake’s surface
  • Various colors such as reddish-brown, blue-green, or pea soup color
  • Often looks like paint floating on the water

Toxicity of Blue-Green Algae

Each bloom’s toxicity can vary and it’s hard to predict how dangerous a bloom will be as its toxicity changes daily. If the lake on your property looks like it may be developing dangerous levels of algae growth, take immediate steps. Not all blooms are toxic, and the only way to be sure that a bloom may become toxic is through laboratory testing. However, it can take a few days to collect and test samples, and by then, it may be too late.

Why Do Lakes Have Algal Blooms?

Most often, harmful and toxic algal blooms occur because a lake or pond is not healthy. The lake may have an excess nutrient load due to the presence of too much phosphorus and nitrogen. When there are too many of these nutrients in the lake water, algae can overgrow or bloom.

A waterbody’s health can change year over year, depending on the weather and other factors in its surrounding environment. This is why a lake that was seemingly healthy suddenly experiences a bloom. This doesn’t necessarily mean the lake is destined for poor health, but it does indicate that there are imbalances that must be addressed.

Conditions that may change lake health and cause a harmful algal bloom include:

  • Changing weather and climate—longer dry spells can lead to more algal blooms.
  • Excess nutrients in sediment—nutrients are absorbed by the lake’s sediment but are sometimes released due to a variety of conditions that are difficult to predict
  • Development around a lake—if the lake or pond area is developed and the vegetation removed, there can be more pollution in the waterbody due to runoff
  • Water flow changes—if the water flow is no longer adequate, it may become stagnant and the temperature may rise, creating conditions that are favorable for algae blooms

What Are the Effects of Harmful Algal Blooms?

The toxins produced by harmful algal blooms can cause serious health impacts to pets, people, wildlife, and livestock. These health effects can range from skin irritation and rashes, gastrointestinal illnesses, neurological problems, and even death.

 

Strategies to Manage Harmful Algal Blooms

Once algae have overgrown enough to cause a large bloom, management can be challenging. Prevention is the best way to ensure harmful algal blooms don’t occur. Association boards and community managers can help prevent or minimize the risk of harmful algal blooms by taking the following steps:

  • Ensure there is plenty of water movement and dissolved oxygen by installing fountains and submersed aerators.
  • Pick up and properly dispose of pet waste, which is a common source of excess bacteria and nutrients.
  • Implement landscaping strategies such as xeriscaping that help improve groundwater filtration before the water enters the lake.
  • Replace manicured lawns or cement banking around the lake with native plants for additional filtration and shoreline stabilization. Allow native deep-rooted plants to grow close to the water’s edge.
  • Promptly remove grass clippings and leaves to prevent their decomposition in and around lakes and ponds.
  • Reduce nutrient-rich runoff by using phosphorus-free fertilizers and detergents.
  • Stock fish, such as triploid grass carp, that feed on algae and nuisance aquatic plants. Triploid grass carp are not legal in all states. Make sure to check your state regulations before stocking.

Maintaining Balanced Water Quality

To eliminate algae, the best course of action is to contact a freshwater management professional who can monitor and maintain balanced water quality and advise and apply appropriate management solutions. These professionals will ensure that the lake or pond’s water is clean and healthy and that the levels of algae remain at beneficial, manageable levels.

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Shifting the Emotional Burden of Condo and HOA Delinquency by Axela Tech.

Shifting the Emotional Burden of Condo and HOA Delinquency by Axela Tech.

  • Posted: Jan 25, 2022
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Shifting the Emotional Burden of Condo and HOA Delinquency

by Bob Gourley / Axela Technologies

As an HOA delinquency collections professional, I frequently handle collection issues involving home and unit owners who have fallen behind in the timely payment of their association. So I know all too well the very real emotional cost paid by both debtor and collector. Timely payment and collection of common fees and assessments is as basic a business transaction as there is. However, because real human beings are involved, the transaction is often wrought with human emotion. Many times, those emotions range from tragic to hostile. Using a specialized debt collection agency for your condo or HOA delinquency problems isn’t just practical, it could be a lifesaver!

 

Pay Close Attention to the Person Behind the Debt Curtain

Unfortunately, regardless of how a condominium or HOA is managed—professionally or by the association itself—HOA delinquency cannot go unchallenged. If common fees and assessments aren’t collected in a timely fashion, the association suffers. Monies that were budgeted for association expenses aren’t available and, in some extreme cases, the good-paying owners in the community could be forced to cover the delinquencies through increased dues or assessments. This is an unfair situation that can cause serious distress in your community.

Shifting the Emotional Burden of Condo and HOA Delinquency

 

That said, consider this: when a homeowner hasn’t paid their association dues for multiple months, there are typically underlying circumstances and turmoil. Money is tight for whatever reason and the homeowner has decided that the association can wait for their money. Studies have shown that people experiencing financial hardships are far more prone to physical and emotional illness. Approaching someone who is experiencing financial hardship is challenging and should be handled by someone trained in doing so, as the conversation will likely be unpleasant.

Shifting the Emotional Burden of Condo and HOA Delinquency

 

Preparing for a Difficult Conversation

Should a delinquent homeowner decide to call the association or management firm to discuss their delinquency and address how they will repay the association, it will almost certainly be a lengthy call. It typically starts pleasant enough but quickly devolves into a discussion of non-association business items and explanations (or excuses) of why the fees cannot be paid at this time. The debtor will often play to the empathy of the person receiving the call, expecting that their story will convince the call recipient of their goodness and their intent to pay eventually when things get better for them. But the association is a business, and no amount of empathy can erase the fact that the money they owe is very much needed to keep the community healthy and successful. Homeowners often fail to remember that they don’t just live in a house that they call home, they live in a collection of homes that rely on one another to thrive, and any dollars lost can cause real struggle.

Shifting the Emotional Burden of Condo & HOA Delinquency

Once they are reminded of that, the call tends to escalate into anger because the debtor isn’t getting the leniency they hoped for or want. If you have ever received a call like this, you know exactly what I am talking about. These calls often end with little to no positive outcome.

In fact, there is usually a negative outcome. The debtor is upset because the call didn’t go their way. They still owe the money and they are now convinced that the association doesn’t care about them. The call recipient is typically upset because they have spent a great deal of time hearing the sad tale of woe and then being subjected to the debtor’s anger when things didn’t go their way. I have heard tales of people listening to the debtor for 25 to 30 minutes and then needing just as long to recover from the sad and hurtful phone call before being able to get back on task. This is a great emotional expense, but it can also be a great financial expense for time lost to an unproductive activity.

 

Hand Off the Emotional Burden

Using a specialized and fully licensed condo and HOA delinquency collection service such as Axela Technologies makes perfect sense in this situation. The association or management firm simply places the delinquent home or condo owner into our collections system as needed. At no cost or risk to the association, Axela Technologies’ highly-trained debt collection professionals take that burden off the association or association management firm. Since working with delinquent owners is all we do, you can bet we are equipped to handle the emotional cost of delinquency to the owner as well as the association. Since our service is merit-based, there is no extra financial burden on the good-paying owners. We take a negative and turn it into a positive.

Get in touch with Axela Technologies and avoid the emotional cost of delinquency for your association and your association members. Axela Technologies handles all collections on a merit-based system. Visit our website at https://www.axela-tech.com today to get in touch with one of our collections experts.

 

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