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Avoid These Mistakes After a Car Accident These tips should be avoided after an accident to maximize recovery potential: by Maus Law Firm

Avoid These Mistakes After a Car Accident These tips should be avoided after an accident to maximize recovery potential: by Maus Law Firm

  • Posted: Jan 23, 2022
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Avoid These Mistakes After a Car Accident These tips should be avoided after an accident to maximize recovery potential

 

#1) Don’t Leave the Scene of the Accident.
Unless you’re injured in an auto accident and have to be removed by medical personnel, do not leave the scene! Leaving early could allow others involved in the crash to assert facts about your actions that are false.
If you leave the scene of an accident, you could be charged with a felony.
#2) Say Nothing That Sounds Like You’re Accepting Blame
“I’m sorry” comes automatically. While you may mean that you are sorry that the incident occurred, others may interpret “I am sorry” as meaning that you caused the accident. Avoid those words at all costs.
Do not say anything after the accident so your words cannot be taken out of context.
#3 ..Don’t Wait Too Long Before Contacting Your Insurance Company
You must report the accident to your insurance company within the specified time period. Make sure you do so. Just report the occurrence do not offer any opinion
#4). Don’t make official statements, sign releases, or answer questions until you’ve spoken with your accident attorney.
#5) Make No Guesses About What Happened
We naturally try to determine what caused an accident or injuries.
However, do not mention your speculations to the police, insurance companies, witnesses, or anyone else involved in the accident.
If you are wrong, you may be accused of lying. You may lose credibility.
Consult an attorney before you settle
Insurance companies want to pay as little as possible, so they won’t offer a fair valuation until you demonstrate that you understand the value of your case.
A lawyer could compare your losses with similar verdicts and settlements to determine your full compensation.

 

The Maus Law Firm

call 954-784-6310 to schedule a consultation.

 

 

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“Fla. Construction Defect Bill Would Hurt Consumer Interests,” Law360 by Becker

“Fla. Construction Defect Bill Would Hurt Consumer Interests,” Law360 by Becker

  • Posted: Jan 21, 2022
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“Fla. Construction Defect Bill Would Hurt Consumer Interests,” Law360

Patrick C. Howell of Becker

Last year, Florida politicians attempted to weaponize Chapter 558 of the Florida Statutes and eviscerate the cause of action for violations of the Florida Building Code. Thankfully, that legislation died in committee and never saw the light of day.

Unfortunately, through H.B. 583 filed by Rep. Clay Yarborough, R-Jacksonville, and S.B. 736 filed by Sen. Travis Hutson, R-St. Augustine, developer-backed politicians are once again seeking to weaponize Chapter 558, and, this time, completely eliminate the tolling provisions in Section 95.11(3)(c) of the Florida Statutes for latent construction defects.

In their current iterations, Chapter 558 and Section 95.11(3)(c) are consumer- friendly provisions drafted and signed into law to protect Florida homeowners, homeowner associations and condominiums from defective construction, provide for the resolution of construction defect claims, and promote the settlement of claims without litigation.

Chapter 558 was passed by the Legislature years ago to assist with the resolution of claims outside of litigation. It requires that a party damaged by construction defects submit the claim to the at-fault developer or contractor, allows for inspections, and gives the developer or contractor an opportunity to settle the claim.

This process has worked effectively for many years and has resulted in countless settlements without expensive litigation. The changes proposed during this legislative session would severely damage Chapter 558 and the ability of homeowners, HOAs and condominiums to timely submit claims and foster settlements outside of court.

First, the proposed amendments take a heavy-handed approach with regard to owners, condos and HOAs versus developers and contractors. Under the changes proposed, if an owner, condo or HOA rejects a settlement offer, they must then prove that the offer wasn’t enough to address the repairs.

However, what is the penalty for a developer or contractor ignoring a properly served and documented Section 558 claim? Nothing. Just this one provision shows how anti-consumer and pro-developer this bill is.

Second, poison pill language has been worked into the bill that would require that a party receiving settlement funds (1) execute a contract to start repairs within 90 days; and (2) complete the repairs in one year.

Beyond the big government incursion into our day-to-day decisions, which is by itself disturbing, here’s the nightmare scenario this provision sets up: A condominium association has a multiparty claim against the developer, contractor, subcontractors and design professionals for a structure built with numerous defects to the roof, framing, stucco, foundations and windows.

The stucco subcontractor makes an offer to settle related to its scope of work. The owner accepts the offer. Under this bill, a contract to complete the repair to the stucco must be finalized within 90 days and the work must be completed within a year.

This is despite the fact that the owner has not settled with the contractor, developer, roofer, the window supplier or any of the other trades. So the work to the stucco gets completed, as mandated by this bill, and the claims continues against everyone else.

Two years later, the owner gets a verdict against the other parties and has the money to address the remaining defects. Unfortunately, the newly replaced stucco now has to be torn off to address the defective framing underneath the stucco, the windows installed in the stucco walls, and the roofs with kickouts and other elements adjacent to the stucco. It’s doubtful that anyone would ever accept a settlement offer under these circumstances.

This provision sets up for failure a claim made under Chapter 558, as well as the resulting settlement offer, at least for claims involving defects to more than one building element. As such, this amendment just won’t work for condominium towers, multifamily buildings, or homes constructed by dozens of different trades.

Third, the new proposed Section 558.0045 requires that the judge in a pending construction defect case appoint a third-party expert engineer, contractor or building code inspector to inspect the structures involved in litigation and issue a report 15 days later. The bill doesn’t detail how this appointed expert is to be paid beyond the statement that “the parties shall compensate the expert.”

So under this bill, each of the parties have the expenses of their own expert witnesses, plus now they have to share in the expense of an additional expert witness or witnesses. Wealthy developers will be easily able to foot the bill for these extra costs, but such will be a difficulty for an HOA, condominium or individual owner.

Despite the added expense required by this bill, the third-party expert does not have the ability to make any sort of decisions that bind any of the parties. So what really is the point? Also, it is unclear who would be the party contracting with the expert, and it’s hard to see any court signing off on such a contract. As such, what expert would expose themselves to the liability for these inspections without some contractual protection? Why would they?

Fourth, the new proposed Section 558.0046 requires that a claimant receiving compensation repair the defect. But why? If a defect renders a building uninhabitable and the plaintiff receives compensation for that loss, why shouldn’t they be able to demolish the building and use the settlement or verdict proceeds however they want?

The government should not be in the business of telling its citizens what to do with such proceeds.

Furthermore, settlements often occur because a plaintiff decides to take less than what they are owed, repair some defects and live with the others that don’t affect habitability. This provision would discourage such settlements, which goes against the very purpose behind Chapter 558.

As with last year’s disastrous bill, the proposed amendments to Chapter 558 also go so far as to insert big government into the relationship between a homeowner and their mortgage company. The amendments add a new subsection requiring that a homeowner with defects advise their mortgage company that they’ve asserted a construction defect claim as to the property and provide other details about the resolution of the claim.

This requirement could jeopardize the homeowner’s loan and expose the homeowner to inordinate amounts of red tape. There is nothing in the description of the bill advising as to the goal of this proposed change or what wrong it proposes to right. Note that no banking institutions or mortgage lenders have even requested this change to Chapter 558.

As such, and considering the other proposed changes to Chapter 558, it is assumed this is just another barrier that is being erected to dissuade homeowners, HOAs and condominiums from pursuing otherwise legitimate claims for construction defects against developers and contractors.

The proposed bill also tinkers with Section 95.11(3)(c) of the Florida Statutes, which establishes a four- year statute of limitations for construction defect claims. To protect consumers, the same provision also includes a provision that the statute of limitations does not begin to run on latent defects until the defect is discovered or should have been discovered with the exercise of due diligence.

To then in turn protect developers and contractors, there is an absolute bar to such claims 10 years after the completion of construction. This time period was shortened from 15 years to 10 a few years back. This absolute bar is known as the statute of repose. When the statute of repose runs on a claim, the homeowner, HOA and condominium is then forever precluded from bringing a claim against the developer or contractor.

However, under the amendments proposed by this bill, the concept of latency is completely removed from Section 95.11(3)(c). As such, if this law passes, courts will be required to apply a hard four-year statute of limitations for construction defect actions, with the time running from the certificate of occupancy, completion of the contract, etc. What this would mean for consumers is that the 10-year period for bringing claims based on latent defects would be effectively shortened to four years.

Thus, a developer would be able to complete a community and then maintain control over the HOA for just four additional years to run out the statute of limitations.

This change also completely disregards the nature of construction. As a condominium tower, townhome building, or home is built, trades working on the structure naturally cover up the work of the trades that came before them. The framer covers up the completed concrete foundation, the stucco and roofing contractors cover up the framing, the painter covers up the stucco, and on and on.

Thus, it is easy to see how defects can be hidden and not noticed by the end user owner for several years to come. Careful inspections along the way can forestall mistakes, but careful inspections don’t always occur.

Allowing affected owners or associations to sue over defects that have been covered up by contractors and developers keeps contractors and developers accountable and results in better construction. Taking such a cause of action away will just result in shoddy construction, and owners and associations will have no way of rectifying dangerous conditions on their property.

The proposed changes included in S.B. 736 and H.B. 583 would weaken consumer protections, increase litigation costs and result in the settlement of fewer claims outside of litigation. The changes to Chapter 558 and Section 95.11(3)(c) should be vigorously opposed by anyone who supports consumer rights for homeowners, HOAs and condominiums.

To view the original Law360 article, please click here. (Subscription required.)

Reprinted with permission from Law360.

 


Patrick C. Howell

Office Managing Shareholder

 PHOWELL@beckerlawyers.com

 

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Repair Erosion for a Healthier Waterbody by SOLitude

Repair Erosion for a Healthier Waterbody by SOLitude

  • Posted: Jan 21, 2022
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Repair Erosion for a Healthier Waterbody

Shoreline erosion can be detrimental to the health of your waterbody as well as the safety and value of your property.

The Many Effects of Erosion on Florida Lakes

Most communities throughout Florida utilize lakes and ponds to enhance the aesthetics of homes and golf courses, as well as support recreational opportunities such as boating and fishing for residents. The majority of these waterbodies were man-made for practical and functional purposes, such as capturing stormwater to prevent flooding or storing water to use for irrigation. Unfortunately, natural erosion of the shoreline is inevitable. It is an issue that only gets worse over time and should be addressed immediately, followed by consistent monitoring.

Effects of Shoreline Erosion in Lakes

Shoreline erosion is a serious issue for waterbodies of all sizes and uses. It can degrade shoreline property, increase the risk of flooding, interfere with recreational opportunities, and threaten aesthetic appeal. In many cases, the deep cracks and gullies that appear can expose sprinkler systems, drainage pipes, and electrical cables, leading to costly repairs. Likewise, due to the effects of erosion, lakefront homeowners may find that their property decreases in size and value over time.

When slopes become too steep, the shoreline can also become unsafe for residents, children, pets, and recreationers. Steep slopes increase the risk of someone falling into the lake and being injured. The steepness of the slope can also make it hard for someone to get out of the lake when they fall in. This can pose a significant liability for HOAsgolf coursescommercial properties, and private homeowners.

What Causes Lake Shorelines to Erode

Erosion has many natural causes:

  • Changing water levels due to seasonal rains and other weather events
  • Strong winds that cause waves to pound into banks and reduce stability over time
  • Improper drainage systems that allow stormwater runoff to cause damage, especially when the shoreline is exposed due to low lake elevation

The presence of nuisance fish and wildlife such as invasive armored catfish and otters that burrow into banks and cause them to collapse

Erosion Caused by Humans

Although these causes are natural, human activities can also increase the rate of erosion:

  • Clear-cutting of beneficial buffers composed of native vegetation removes the natural erosion protection provided by complex root systems that hold soil in place
  • Gardening and lawn care can cause excess fertilizer and pesticides to enter a waterbody, disrupting its natural health and balance
  • When too much land is covered by pavement or asphalt, these hard surfaces can accelerate the stormwater that enters a lake or pond, rather than allowing natural absorption into the soil

 

How Lake Shoreline Erosion Can Be Prevented

Despite the best efforts of HOAs, golf course superintendents, and municipalities, all waterbodies will experience erosion to some degree. However, there are many strategies to control or mitigate erosion.

 

Native Plants

Planting deep-rooted grasses and flowering vegetation will help retain, hold and stabilize the soil. This ground cover also helps to deter nuisance and invasive species from entering the aquatic ecosystem. It is imperative to use native plants rather than exotic species that are known to damage the habitat that nurtures beneficial fish, birds, and other wildlife.

Bioengineered Shoreline Control

Bioengineered erosion control technology is an excellent tool to restore shorelines and mitigate future erosion. Knitted ShoreSOX® and DredgeSOX® repurpose eroded muck by anchoring it to the shoreline for lasting stability. SOX solutions integrate naturally into the landscape and can be planted directly with vegetation for further erosion protection.

Riprap and Root Trap

With riprap, rocks are placed over a filter blanket to keep the soil in place. Similar to riprap, root trap is achieved by covering the rocks with topsoil and installing native, deep-rooted plants that contain the sediment in place as they grow.

Bulkheads and Retaining Walls

Bulkheads and retaining walls can be effective at controlling the effects of erosion; however, if not installed correctly, they run the risk of falling into the water or eroding from underneath and becoming unsafe.

Erosion Control Blankets

Coir logs or fiber roll material can be installed to slow down the movement of the water or create a “pooling” effect that allows sediment to filter out. They can be made of natural or synthetic fibers or a blend of straw, coconut fiber, or polypropylene (plastic).

Contact Us to Protect Your Shoreline Against Erosion

Call us at 866-781-8904 or complete the form below to get connected with an aquatic management expert.

 

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“Are Fines for Speeding Legal?,” Naples Daily News by Becker

“Are Fines for Speeding Legal?,” Naples Daily News by Becker

  • Posted: Jan 20, 2022
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“Are Fines for Speeding Legal?,” Naples Daily News

David G. Muller | 01.18.2022
ArticlePublication Naples Daily News

Q: My community has set up various speed monitoring devices along the most travelled road. The board is now fining residents for speeding violations. Is this legal? What is the process for imposing a fine and can these fines result in a lien? D.V.

A: Fines can be levied for violations of the governing documents, including speeding violations. Whether a fine can be recovered by the recording and pursuit of a lien depends on several factors, including the amount of the fine and what type of community association you live in.

Condominium and cooperative fines are capped at one hundred dollars per day and one thousand in the aggregate for continuing or ongoing violations. Homeowners’ association fines are likewise capped at one hundred dollars per violation and one thousand dollars in the aggregate, with one important difference. The declaration, articles, or bylaws for a homeowners’ association can authorize higher fines (this option is not available to condominiums and cooperatives).

Fining is retroactive and can begin accruing from the first day/time a violation is alleged to have occurred. There is no legal requirement to give a warning letter or opportunity to correct a violation before a fine is levied, although many associations do so as a matter of policy, especially for minor or first-time violations.

The board typically initiates the fining process by placing the matter on the agenda for a regular or specially scheduled board meeting to consider levying a fine. A majority vote of the board at a meeting where a quorum is present would be required to levy the fine, which should be levied as a specific amount.

After levy by the board, a hearing must be offered. The hearing is conducted by an independent committee appointed by the board. The committee, sometimes called “fining committee” or “compliance committee,” must be comprised of at least three (3) members of the association who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.

At the fining hearing, the committee must afford basic due process and allow the accused to be heard, state his or her case, and challenge evidence against him or her. Ongoing or continuing violations only require a single notice and opportunity for hearing before the committee.

The committee’s sole decision is to either “confirm” or “reject” the fine levied by the board. If the committee rejects the fine, the matter is concluded. If the committee confirms the fine, the fine is deemed to be imposed. The association must provide written notice of the fine by mail or hand delivery to the owner and, if applicable, to any tenant or invitee of the owner. The fine becomes due 5 days after written notice is given.

Unpaid fines cannot by law be secured by a lien for condominium or cooperatives. In homeowners’ associations, the statute provides that a fine of one thousand dollars or more may be subject to a lien. Some argue that the governing documents need to also include the authority to impose the lien for unpaid fines, some argue the contrary, there are no appellate court decisions on the topic. You might also be interested in knowing that there are already two Bills filed for the 2022 Florida Legislative Session that address HOA fines. One Bill (SB 1362) would state that homeowners’ association fines cannot be secured by a lien. The other (HB 6103) would remove the statutory authority of homeowners’ associations to fine altogether. It will be interesting to see what happens to these Bills during the upcoming 2022 Legislative Session.

Collection of fines typically requires a suit in small claims court, and the loser of the case would normally be responsible for the winner’s attorneys’ fees.

The provisions of your individual association’s governing documents and the application of current laws is also an important issue, which should be addressed with the association’s attorney. Likewise, if the matter is contested in court, the judge will likely require proof from the association that its speed monitoring devices are reliable and properly calibrated and maintained.

To read the original Naples Daily News article, please click here.

David Muller is board-certified in Condominium and Planned Development Law and regularly provides practical advice that ensures the fiscal success and legal compliance of both commercial and residential community associations. He has significant experience in drafting governing documents and amendments, negotiating contracts, dispute resolution, and more. For David’s complete bio, please click here.

 

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Security Tips for Managing the Association’s Bank Accounts Online  By: Sara K. Wilson, Esq. / Becker

Security Tips for Managing the Association’s Bank Accounts Online By: Sara K. Wilson, Esq. / Becker

  • Posted: Jan 14, 2022
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Security Tips for Managing the Association’s Bank Accounts Online

By: Sara K. Wilson, Esq.  Becker

Increasing numbers of people and small businesses, including community associations, have switched to managing their bank accounts exclusively over the internet.  Not surprisingly, these numbers surged even higher during the pandemic.  While online banking has become common place, so have incidents of cybercrime and fraud.  Banks of course use a variety of security measures to protect their customers’ accounts, but there are also steps that you as the customer should take to minimize risk.

  1. Verify that your bank is using the latest security technology in step with banking industry standards.
  2. Have a dedicated computer for conducting the association’s online banking, and make sure that computer stays current with anti-virus protection and updates. If the dedicated computer is a laptop, never conduct online banking in public spaces or use public Wi-Fi.
  3. Choose passwords that are complex by using a combination of letters, numbers, and symbols, and institute a policy for changing passwords on a regular basis. Limit the number of people who know the password to only those who are managing the accounts.  Passwords should not be recorded on personal computers or mobile devices or accessible to other owners, family members, guests, etc.  Avoid automatic logins to prevent unauthorized persons from easily accessing the association’s accounts.
  4. Be on high alert for phishing scams. Phishing is a technique that cyber-criminals use to gain sensitive information, like bank account numbers and passwords, through fraudulent emails and texts.  Your bank will never ask for your password via email or text; so if you receive such an email or text, delete it. Also beware of any email requesting that you “update your account,” or of any email warning of dire consequences if you do not act immediately.  If you are not sure whether the email came from your bank, contact your banking institution to verify whether they sent the email.  Because phishing scams are so prevalent, it is important to provide information about phishing to anyone who will be managing the association’s accounts online so they know what to look for.
  5. Reconcile your bank accounts on a regular basis – ideally daily – to avoid an irregularity going unnoticed. Inquire whether your bank sends alerts for transactions over a certain amount or if your account drops below a certain amount for added protection.

These are just a few of the steps an association can take to decrease risks when managing its bank accounts online. Because a community association has a fiduciary responsibility to its members, it is imperative that it takes the necessary steps to minimize potential cyber threats to its bank accounts. While there is no guarantee that even a well-protected system won’t be hacked, by adopting and following online banking security policies, an association greatly lessens its chances of being an easy target for a potentially devastating cybercrime.

Sara K. Wilson

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Fitness Trends on The Rise by Commercial Fitness Products

Fitness Trends on The Rise by Commercial Fitness Products

  • Posted: Jan 14, 2022
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Fitness Trends on The Rise

Commercial Fitness Products offers expertise in helping you create a space-efficient, functional floor plan that is both pleasing to the eye and allows for proper usage of your equipment. More than just Designers, we see ourselves as a partner in helping you create the vision you have for your business. You can count on us to help you:

by Commercial Fitness Products

RIGS

Rigs are becoming more and more popular in unattended fitness centers due to their versatility and essential functional training components. Agility and plyometric equipment, kettlebells, mats, medicine balls, wall balls, suspension trainers, slam balls, studio weights, and other functional accessories have become basic items in designing a fitness amenity. We recommend the Prism Functional Training Center, which offers multiple walls mounted configurations and instructions on every component. Or, a TKO Rig is available in various shapes and sizes with a variety of training accessories

 

VIRTUAL FITNESS TRAINING

Virtual fitness training offers guests more choices and control of their classes. Virtual instructional fitness providers such as WellBeats offers fitness classes and channels, fit tests, workout plans, training from certified instructors, and in facility option (touchscreen display, projector, or TV displays). Classes can be pre-scheduled or selected “on the fly.”

 

BOXING AND KICKBOXING WORKOUTS

The American Council of Exercise reports an increase in the number studios adding boxing/kickboxing classes. The Nexersys Interactive Boxing System delivers fast-paced and challenging animated training with a dynamic 3D Trainer in Mitts mode and a 3D Fighter in Sparring mode. The 3D Avatars trains using multi-colored reticles and directional strike prompt.

 


Commercial Fitness Products offers expertise in helping you create a space-efficient, functional floor plan that is both pleasing to the eye and allows for proper usage of your equipment. More than just Designers, we see ourselves as a partner in helping you create the vision you have for your business. You can count on us to help you:

  • Create a Fitness Center that meets all of your needs
  • Design a Fitness Amenity that will contribute to your business’ success
  • Work within your budget
  • Optimize your space
  • Design and equip the most affordable, yet effective Fitness Center possible

We are experienced in working with both new facilities that are in the conceptual design stages, still under construction, or existing facilities that require renovation. Either way, we can work with the space already provided or make recommendations for space allocation. CFP can help you make the most of your space and provide your residents, members or guests with an exceptional exercise experience.

We use a standard set of Design Criteria that takes into consideration both functionality and aesthetics. Our Design includes:

  • Selection of Equipment for our customer’s target demographics
  • Placement and Positioning of Equipment to optimize available space
  • Appearance of the the Facility
  • Location or placement of Electrical & Video receptacles
  • Traffic Flow
  • Entrances & Exit points
  • Location or Doors, Windows, TV’s & Overhead Fans
  • Ease of Use
  • Safety as Rule #1

We have worked with all types of facilities and spaces including large and small health & fitness clubs, personal training studios, hospital fitness rooms, apartment complex fitness rooms, recreation centers and home gyms. No job is too small or too large!

 

5034 N. Hiatus Road
Sunrise, Florida 33351 
(954) 747-5128
View us on the States Directory
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Condo Craze and HOAs Radio Show on 850 WFTL every Sunday 11am – 12pm  Is now live on YouTube!

Condo Craze and HOAs Radio Show on 850 WFTL every Sunday 11am – 12pm  Is now live on YouTube!

  • Posted: Jan 10, 2022
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Condo Craze and HOAs Radio Show on 850 WFTL every Sunday 11am – 12pm  Is now live on YouTube!

Condo and HOA Boards and Owners you can now watch the show ask questions.  Each Sunday morning we will bring to you topics and discussions for out industry.

Subscribe to our YOU TUBE PAGE. 

Condo Craze and HOAs In 2009, Eric began a career in radio, starting and hosting the weekly Condo Craze and HOAs Radio Show on 850 WFTL. Eric answers questions from the callers week in and week out and the show has become incredibly popular throughout the state. For more information, and to listen to past shows.

Eric M. Glazer is a native of Brooklyn, New York Mr. Glazer obtained his B.A. in Political Science at New York University. While at N.Y.U., Mr. Glazer was employed in the Kings County District Attorney’s Office. Mr. Glazer obtained his Juris Doctorate at the University of Miami School of Law. In 1994 he established Glazer and Associates, P.A. and has focused his career on representation of community associations and their members.

Visit our Website: https://www.condocrazeandhoas.com Board Certification Classes Eric has certified over 12,000 board members in the State of Florida, who are now eligible to serve on either a condominium or homeowner association board.

 

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Top 5 Community Update Articles of 2021 from Becker

Top 5 Community Update Articles of 2021 from Becker

  • Posted: Jan 04, 2022
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A new year means 365 new opportunities to be grateful.

Practicing gratitude has far reaching effects, from improving our mental health to boosting our relationships with others. Join the Becker Team as we share what we’re truly grateful for – our clients, community, coworkers, family, friends, health, happiness, and growth. From our Becker family to yours, we wish you all the best and look forward to being of service in 2022!       https://www.youtube.com/watch?v=w5MiiLJaCXM

Top 5 Community Update Articles of 2021

Before heading into the New Year, we look back at the year’s most popular reads. This month’s featured articles highlight the topics you found most interesting in 2021 – from fining committees to questions about remote meetings.

From all of us at Becker, we wish you a happy holiday and a joyous, healthy, and prosperous New Year!

 

1.

Of all enforcement options available to an association for violations of its governing documents, the imposition of fines is one that yields many questions due to the strict procedures required to impose a fine. Learn more in, “What is a “Fining Committee” and Who Can Be on It?”

2.

Although Florida’s Sunshine Laws don’t apply to community associations, the Condominium Act has its own set of “sunshine” requirements to be aware of. Karyan San Martano breaks down what the statute says in, “‘Sunshine Laws’ for Condominium Associations.”

3.

While Mother Nature may be hard to harness, community associations are often tasked with doing just that to protect both residents and property. In, “Responsibility for Tree Branches and Roots,” Elizabeth Lanham-Patrie explores how the law decides who needs to tackle this chore.

4.

As of July 1, 2021, associations are required to send delinquent owners a Notice of Late Assessments prior to turning the account over to collections. Learn best practices for sending this letter in, “A Guide to Sending the New Notice of Late Assessment.”

5.

“Can Remote Meetings Be Held Now That the State of Emergency Has Expired?” Yeline Goin discusses what meetings can be held remotely, in whole or in part.

 


 

CALLING ALL BOARD MEMBERS AND COMMUNITY MANAGERS

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

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

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

Helping Landlords, Tenants and Property Owners with information and services. Prepare, File and Evict

Helping Landlords, Tenants and Property Owners with information and services. Prepare, File and Evict

  • Posted: Jan 04, 2022
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Helping Landlords, Tenants and Property Owners with information and services. Prepare, File and Evict

NationalEvictions.com – Website where Managers to Board Members and Property Owners can find the right information on evictions. Every State has some kind of Evictions Process….Find your State and the Laws that you must follow.

 

 

We have helped millions of Landlords, Managers and Property Owners all over the United States

Learning the Eviction Process and your legal rights is the first thing any Landlord should do!

Many Landlords have properties leased to tenants in exchange for monthly rental fees. Some have an effective rental plan; but

What do you do when the Tenants don’t pay the rent? or Break the rules defined in the lease?

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11 Questions to Ask Before Hiring a Public Adjuster in South Florida by Stellar Adjusting

11 Questions to Ask Before Hiring a Public Adjuster in South Florida by Stellar Adjusting

  • Posted: Jan 04, 2022
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If you’re hiring a public adjuster, it’s important to keep in mind that this person is going to be working for you. You’re the boss, so you’ve got to think like a boss. That means interviewing them and asking the right questions. We’ve listed eleven questions that you should ask any public adjuster before you make the hire.

 

 

WHY HIRE A PUBLIC ADJUSTER?

hiring a public adjusterBefore we talk about how to hire a public adjuster, let’s talk for a second about why you would want to hire one in the first place. The short answer is that you hopefully will never need to hire one. However, if your home or business is damaged, you’ll need to fire an insurance claim, which means providing the insurance company with an estimate of the damages. If the claim is very large, or if the insurance company thinks they can get away with paying less, they will send an insurance adjuster to draw up their own estimate.

When this happens, you have a few options. You can accept the insurance company’s offer, you can sue the insurance company, or you can hire a public adjuster to make a counteroffer. Accepting the company’s offer isn’t always the best idea. In some cases, you may be asked to settle for far less than the actual cost of damages. However, suing the insurance company can get expensive. They have teams of corporate lawyers, and you’ll end up spending a lot of money on your own legal case. Meanwhile, you’ll receive no funds during the legal process, so you’ll have to repair your home or business and pay your lawyer out of pocket.

A public insurance adjuster offers a great compromise. They can get you a better settlement, and you won’t have to pay out of pocket. For more information, read our guide on when to contact a Florida public adjuster.

 

1. HOW LONG HAVE THEY BEEN IN BUSINESS?

There’s nothing wrong with being new to the business. Even the biggest, most prestigious firms once started as a single adjuster opening their own small business. But if someone is just starting out in their own business, you’d expect them to have previous experience working for another firm. If they haven’t, steer clear.

2. ARE THEY PART OF A TEAM?

A single public adjuster, even a very well-qualified one, can only be so knowledgeable. A team of adjusters can pool their knowledge and help each other out, leading to better results for their clients.

3. ARE THEY LICENSED IN FLORIDA?

If you’re in another state, this applies to your state as well. An unlicensed public adjuster isn’t just breaking the law by practicing without a license. They can also put you at risk, since there’s no guarantee that they’re even competent.

4. DO THEY HAVE EXPERIENCE WITH CLAIMS LIKE YOURS?

For any qualified public adjuster, south Florida hurricanes should be par for the course. But if you’re dealing with an unusual claim – for example, if a car ran off the road and into your living room – you’ll want to know that your public adjuster is qualified to deal with your claim’s quirkier aspects.

5. HOW DO THEY GET PAID?

A public insurance adjuster should only get paid when you get paid, taking a percentage of your claim. If your adjuster is asking for an up-front fee, don’t do business with them. What they’re doing is unethical.

6. DO THEY HAVE EXPERIENCE DEALING WITH MORTGAGE LENDERS?

Depending on your situation, you may still owe money to a mortgage lender, and they’re most likely not going to be patient with you while the insurance company handles your claim. An experienced public adjuster can oftentimes serve as an intermediary to help you deal with your mortgage lender’s demands.

7. WHO WILL PREPARE MY CLAIM?

The opposite problem of working with too small a team is working with a big firm that farms out their work to third-party contractors. So you can be paying for a prestigious name, but getting freelance service. Make sure that your public insurance adjuster will be personally involved with your claim.

8. CAN I STAY INVOLVED WITH MY CLAIM?

Some public adjusters prefer that their clients not communicate directly with the insurance company. Others are comfortable to share these responsibilities with their clients. There’s no right or wrong answer to this question, but it’s important that you and your adjuster are on the same page here.

9. CAN THEY PROVIDE LOCAL REFERENCES?

The average person may never need a public adjuster’s services or may need them once or twice at most. If their adjuster did a good job, they’re going to remember it. Ask your prospective public adjuster for references. If they’re not prepared to offer any, scratch them off your list.

10. HOW MANY CLAIMS ARE THEY HANDLING?

Sometimes, in the aftermath of a natural disaster, public adjusters can become overwhelmed with claims from a large number of people. In this case, a qualified, competent adjuster may simply be too busy to give your claim the individual attention it deserves.

11. WHAT ARE THEIR ERRORS AND OMISSIONS POLICY?

Errors and Omissions is the insurance industry’s version of malpractice insurance. It ensures that if your public adjuster makes a mistake that costs you money, they’ll be able to compensate you. Every licensed public adjuster should carry a policy. If they’re not willing to share this information with you, tell them to take a hike.

 

On SFPMA: View Our Claims Page for all your Damage Needs. Find Law Firms, Adjusters and Roofing Companies ready to help

 

HOW TO FIND A CLAIMS ADJUSTER IN FLORIDA

If you’re hiring a public adjuster in Florida, consider hiring Stellar Public Adjusting. Our qualified adjusters are experienced in Florida home and business claims, and we don’t hire out our work to independent contractors. When your adjuster shows up to create your claim, you can rest assured that this is the same person who will be dealing with the insurance company on your behalf.

Use our web form to contact us today. If you have an urgent problem that requires immediate assistance, call our office at 305-570-3519.

Andria Rosendahl
Public Adjuster
2450 NE Miami Gardens Drive, Suite 200, Miami Florida 33180
Cell: 305-710-7922
Fax: 305-873-8719
E: Andria@stellaradjusting.com
W: www.stellaradjusting.com
Check Out Our Blog At: www.stellaradjusting.com/blog/
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Wishing you a Happy New Year from all of us at SFPMA

Wishing you a Happy New Year from all of us at SFPMA

  • Posted: Dec 30, 2021
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Wishing you a Happy New Year

What a Year!  Throughout this year Condo’s, HOA’s and the Property Management Industry have had so many changes. We are so glad for each and every member company that worked together bringing everything from Services, Business and Management to clients all over Florida.

We especially want to say thank you to our Legal Experts, Firms that kept all of us up to date on the Laws that changed almost weekly.  Along with every Service and Business Member Company who went above and beyond with the care for properties for our Managers.

SFPMA wishes the best for all clients, members and industry professionals all over Florida. 

Happy New Year!