Become a Member: JOIN SFPMA TODAY   LogIn / Register: LOGIN/REGISTER

SFPMA Industry Articles | news, legal updates, events & education! 

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

Members perform services for condo and hoa’s providing everything from Accounting to Window Tinting

Members perform services for condo and hoa’s providing everything from Accounting to Window Tinting

  • Posted: Dec 28, 2021
  • By:
  • Comments: Comments Off on Members perform services for condo and hoa’s providing everything from Accounting to Window Tinting

Finding the Right Management, Business and Service Company!

Board Members that represent Condos and HOA’s all over Florida. Property Management Companies, Property Owners and Private Landlords that wish to stay informed and up to date with our industry.  Having a reliable source where industry professionals can find top companies is important to them.

  “Having a Trusted Member to care for their Properties through Management, Business Related Services or Maintenance Services” is what they get!

 

Members perform services for condo and hoa’s providing everything from accounting and office management, collections and financing, day to day management oversight with meetings and Legal oversight and compliance. Then there are the maintenance of the properties, Management Members have all of the State of Florida Services and Business members where they can select what they need from 1,000’s of pre screened and licensed companies on our directory. Clients get access to thousands of companies in our industry, These companies are ready to help with everything from Management, Business to Services of your properties.
What you get with your membership!
  • You are listed on our Florida Directory where Clients search to find top companies working in our industry.
  • We Market Companies to Clients from Board Members of Condo and HOA’s all over Florida.
  • Write Articles for our Blog that are sent to our Industry, Let them get to know what you do!
  • Unlike others our Directory is Open.  We have a Top Team that constantly shares about you using Social Media, Articles and Direct Emails and our Publications. Members send us company information we send this information to Clients all over Florida.
  • We have an Industry Publication:  FLORIDA RISING MAGAZINE Read the Florida Rising Magazine –  Members can be placed on the Magazine Directory and take out Advertising so readers can learn more about the services they provide.
  • Take out Advertising in the Magazine and Write Articles published each month. When you take out: (*Half Page and *Full Page Ads)
  • Every new member is given Free Ads in our Magazine for a few months, so readers can learn more about them and their companies.
  • When you Join: Memberships are set up with recurring billing that takes place each year on the month you joined through our business office.

IT STARTS WITH LISTING YOUR COMPANY ON OUR DIRECTORY

“We bring Board Members, Property Managers and Owners to our Website”

Through your Membership you can be seen by the Decision Makers, Through your membership we help with forming relationships in our industry that lead to increased business for your company and lasting relationships for you.

Become a Member!

Get your company listed on the Florida Directory

So Property Managers, Condo & HOA Board Members can find you!

Who are our Clients you ask?

Board Members that represent Condos and HOA’s all over Florida. Property Management Companies, Property Owners and Private Landlords that wish to stay informed and up to date with our industry.  For these people having a reliable source is important to them and with our goal of “Having a Trusted Member to care for their Properties either through Management, Business Related Services or Maintenance Services” is what they get!

 


SFPMA is thankful to the various vendors that have become members that service the many managed communities over the years. All Companies that wish to work with the Florida Property Management, Condo and HOA industries are listed, They are then in a position to be selected to work on properties all over the State of Florida.  SFPMA has a responsibility to properly screen all vendors prior to authorizing memberships for service requests and bidding out contracts for our Clients.

When you are listed on the Florida Directory, Clients can find you as one of the Top Companies used in our industry. Your company will benefit from being listed. “Start forming lasting relationships in the Property Management Industry”

 

Thank you for deciding to become a member with SFPMA, You’ve made the right choice!

Tags:
Need some help getting ready for for your tax planning meeting? We have developed the YEAR END TAX PLANNING GUIDE

Need some help getting ready for for your tax planning meeting? We have developed the YEAR END TAX PLANNING GUIDE

  • Posted: Dec 21, 2021
  • By:
  • Comments: Comments Off on Need some help getting ready for for your tax planning meeting? We have developed the YEAR END TAX PLANNING GUIDE

Need some help getting ready for for your tax planning meeting?

We have developed the YEAR END TAX PLANNING GUIDE, to help you uncover tax planning opportunities to

Download a copy of this important guide just click here.

Tags: ,
DECONSTRUCTING THE CONSTRUCTION CONTRACT A Plain English Explanation by Kaye Bender Rembaum

DECONSTRUCTING THE CONSTRUCTION CONTRACT A Plain English Explanation by Kaye Bender Rembaum

  • Posted: Dec 19, 2021
  • By:
  • Comments: Comments Off on DECONSTRUCTING THE CONSTRUCTION CONTRACT A Plain English Explanation by Kaye Bender Rembaum

DECONSTRUCTING THE CONSTRUCTION CONTRACT A Plain English Explanation

by Kaye Bender RembaumRembaum’s Association Roundup

If your community association has engaged the services of a contractor, engineer, architect, or other construction or design professional to perform a maintenance, repair, replacement, or capital improvement project, you know the process can be overwhelming. No matter the mad rush to execute the contract as soon as possible, when beginning such projects, no matter how big or small, the board needs to ensure the contract adequately protects the association. Even the smallest of projects can have unexpected, disastrous consequences. A few of the more common provisions which every board member should understand follow.

The Indemnity Provision

In today’s extremely litigious world, it is important that your association does what it can to protect itself against unforeseen claims that can arise out of the contractor’s performance of the work. For example, assume a crane fell on the building being repaired, the contractor accidentally damaged the elevator shaft, or worse still, a life is lost. An indemnity provision provides that the contractor will indemnify, defend, and hold harmless the association from and against claims arising out of or resulting from the performance of the work by the contractor or any of its employees, subcontractors, suppliers, etc.

Indemnification provisions can be tricky to understand. The general contractor, engineer, and design professionals (aka the architect) may seek to avoid and/or cap their overall liability. Even a small contract can have significant consequences if the negligence of the contractor causes significant damage or injury.

Rarely does the inclusion of a single word have disastrous consequences; however, a recent trend we have seen in many contracts is the contractor requiring the indemnity obligation to be limited only to damage caused by the contractor’s “sole” negligence. As events which cause loss or damage rarely occur by the “sole” actions of an individual, this provision significantly diminishes the contractor’s responsibility to indemnify the association. The association should look out for any indemnity provision which provides that the contractor is only responsible to indemnify for its “sole” negligence. Without getting into too much complexity, Florida is a “contributory negligence” state. This means each party is responsible to satisfy a judgment against them in proportion to their responsibility for the blame. So, if the contractor is found to be 33 percent responsible for an accident, then it pays 33 percent of the final judgment award. But, if the contract indemnity provision required sole negligence, the contractor would pay nothing at all because the accident was not “solely” caused by the contractor. Youch!

Another trend we see is the contractor limiting its liability to damage caused by its “gross negligence,” which by definition excludes “simple negligence.” As a brief explanation, simple negligence is when a person fails to take reasonable precautions that any prudent person would take in similar circumstances and their actions cause harm (for example, a driver who runs a stop sign and causes an accident). Gross negligence is extreme indifference or reckless disregard for the safety of others (for example, driving 100 mph in a parking lot and injuring a pedestrian). As any claims arising out of the work are likely to result from the contractor’s simple negligence, this heightened standard is not favorable to the association.

If the contractor is insistent on limiting its liability, the association may consider limiting the contractor’s indemnification obligation to the maximum payable under the contractor’s insurance policy. This way, the contractor is not on the hook for unlimited liability, but the association has some decent protection as claims can be covered up to the maximum amount payable under the insurance policy. However, in the event of a catastrophic loss or casualty event, even the amount payable under the insurance policy may not be enough to protect the association.

In addition to these limitations, “design professionals” have the added benefit of statutory authority to further limit their liability in a contract (they must have better lobbyists). Section 558.0035, Florida Statutes, provides a procedure by which a design professional can exclude any “individual liability” for damages resulting from negligence occurring within the course and scope of a professional services contract. In other words, the design professional will not be personally liable to the association for any negligence in its design if the contract includes a provision that excludes such personally liability. Section 558.002(7), Florida Statutes, defines a “design professional” as a person who is licensed in the state of Florida as an architect, landscape architect, engineer, surveyor, geologist, or a registered interior designer. Therefore, if your association is contracting with any of the foregoing design professionals, you will likely need to negotiate this provision.

You should also be aware that disputes over the enforceability of the indemnification clause do not automatically include prevailing party attorneys’ fees unless the indemnification provision specifically provides that, in the event of a dispute concerning the applicability of the indemnification, the prevailing party must be indemnified for their attorneys’ fees, costs, and expenses incurred in enforcing their right to be indemnified.

Insurance Provisions

To ensure there are sufficient funds to satisfy an indemnity judgment in favor of the association, it is important that the association require the contractor to carry certain minimum insurance. Therefore, the contract should contain a clause which provides that the contractor will maintain such general liability insurance as will protect the contractor and the association from claims that may arise out of or result from the contractor’s operations under the contract documents in the amounts set out in the contract. Additionally, the association should ensure that the contractor obtains sufficient workers’ compensation coverage.

There are a couple of terms with which you should be familiar:

  • Certificate Holder: The certificate holder is merely entitled to the proof of insurance, nothing more. When the policy holders have their insurance agents issue a certificate of insurance to the entity that hired the contractor to do the work, that entity becomes a certificate holder. It is simply the contractor’s way of saying, “I have insurance.” Certificates show that the contract has the insurance policies in the limits shown on such certificate. It also provides that the certificate holder is entitled to know if the policy lapses.
  • Additional Insured: An additional insured is provided the same coverage and rights under the policy as the named insured. In other words, when you become an additional insured, you are entitled to the same insurance protections as the original policy holder. Therefore, in the event of loss, the association may file a claim on the contractor’s policy through its status as an additional insured.

Thus, the contract should not only require that the contractor carry insurance but also provide that the contractor is obligated to provide a certificate of insurance evidencing the insurance coverage and containing an endorsement listing the association as an “additional insured.”

In addition to the insurance requirements for the contractor, your association may consider purchasing builder’s risk insurance for the project. Builder’s risk insurance is designed to protect the owner of a construction site from loss and damage. This should be further discussed with the association’s insurance agent.

Paying the Contractor

During a major construction project, the association’s contractor will likely be working with several subcontractors to complete the work. The process for payments in such projects is set out in §713.13, Florida Statutes. (For a more detailed discussion on the construction payment process, you can read my prior article, “Construction Progress Payments: The Hidden Trap,” at rembaumsassociationroundup.com, originally published in the Florida Community Association Journal, February 2020 edition.)

By way of brief explanation, when the project commences, the association records a “Notice of Commencement” identifying the contractor and the legal description of where the work is being performed. The purpose of the Notice of Commencement is to inform all subcontractors and suppliers that if they intend to provide goods and/or services to the property, and if they want to have proper legal standing to record a lien against the property in the event they are not paid, the subcontractor and/or supplier must serve a “Notice to Owner” to the association. The Notice to Owner informs the association of all subcontractors working under the general contractor and all suppliers who provide suppliers and materials to the job site.

In exchange for payments to the general contractor, the general contractor provides the association with “partial payment affidavits” for each payment and a “final payment affidavit” upon conclusion of the work at hand. The subcontractors and suppliers provide the association “partial releases” for the payment received from the general contractor using the general contractor as the delivery conduit to deliver the partial release to the association. This method ensures that subcontractors and suppliers cannot later claim that they were not paid. However, in order to ensure this protection, it is important that the contract requires the contractor to provide the subcontractors’ and suppliers’ partial releases contemporaneously with the association’s progress payment. With the partial releases in hand, in the event the contractor does not pay the subcontractors and suppliers, the association is fully protected.

Some general contractors insist on providing the association with the partial releases from the subcontractors and suppliers one payment behind. This should be a red flag to your association because it means if the contractor fails to pay the subcontractors and suppliers after receiving payment from the association, the association will still have to pay the subcontractors and suppliers. In such event, the association will end up having to pay twice for all or part of the same work.

Prevailing Attorney’s Fees

Another important consideration is the prevailing party attorneys’ fees provision of the contract. An attorneys’ fee provision generally provides that in the event of litigation to enforce the terms of the contract, the prevailing party is entitled to recover their attorneys’ fees. However, this provision must be carefully worded to ensure that your association will be able to recover its attorneys’ fees.

Termination

Most contracts provide that the association may terminate the contract for cause. The termination for cause provision should include examples of conduct by the contractor which would entitle the association to terminate the contract for cause. In addition to termination for cause, we recommend the inclusion of a “without cause” termination provision. This provision gives the association an out in the event the contractor is not working out, but the contractor’s conduct does not rise to the level which would allow dismissal for cause.

Generally, if an association terminated an agreement without good cause, and unless otherwise spelled out in the contract, the contractor would likely be entitled to approximately 15 to 22 percent of the contract price for its anticipated lost profit and overhead.

Payment and Performance Bonds

Another way the association can protect itself is by requiring the contractor to obtain “payment and performance bonds,” which are most often purchased together as a set. While doing so typically adds three to five percent to the total contract price, it is well worth it. In addition, if the contractor is not able to provide such a bond because the bonding companies will not bond the contractor, it is very telling because not every contractor is bondable.

A “performance bond” is a surety bond issued by a bonding company or bank to guarantee the satisfactory completion of the work by the contractor. It acts to protect the association in the event the contractor fails to complete its contractual obligations.

A “payment bond” guarantees the contractor will pay all laborers, material suppliers, and subcontractors engaged by the contractor for the work. In the event the association pays the contractor, but the contractor fails to pay the laborers, material suppliers, and/or subcontractors, the surety will step in to pay same.

Force Majeure

Many contracts contain force majeure language which provides that the parties will not be responsible to the other if they are unable to fulfil the terms of the contract due to events beyond the control of the parties. Most often, a force majeure event adds delay to the targeted project completion date and avoids claims for breach of contract due to the delay. Such events may be acts of God, flood, fire, hurricanes, war, invasion, terrorist acts, government order or law, actions, embargoes, or blockades, etc. Of late, for reasons that need no explanation, pandemics are added to this list, too.

The above discussion is not meant to be all inclusive. There are so many other important provisions to consider, but space is limited. To ensure your association is protected, the association should always rely on its legal counsel to review the association’s contracts and make the necessary revisions to assist in the  protection of the association.

The Kaye Bender Rembaum Team Remains Available To You and Your Community Association

Happy Holidays from all of us at Kaye Bender Rembaum

 


Kaye Bender Rembaum

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

1200 Park Central Boulevard South, Pompano Beach, FL. Tel: 954.928.0680
9121 North Military Trail, Suite 200, Palm Beach Gardens, FL. Tel: 561.241.4462
1211 N. Westshore Boulevard, Suite 409, Tampa, FL. Tel: 813.375.0731
Tags: , ,
ONLINE MEETINGS EQUAL…  By Rafael Aquino

ONLINE MEETINGS EQUAL… By Rafael Aquino

  • Posted: Dec 16, 2021
  • By:
  • Comments: Comments Off on ONLINE MEETINGS EQUAL… By Rafael Aquino

ONLINE MEETINGS EQUAL…

By Rafael Aquino

Online meetings were common practice within the business community; however, it was less seen in the association world.  Some would say because the technology was too difficult for many, others would say, our owners wouldn’t allow it, etc. The reasons against certain groups were plentiful.  However, after the challenges we dealt with Covid, many Board Members quickly realized the vast benefits of hosting online meetings.  Some advantages are increased attendance, more accessible access to foreign/out-of-state buyers, and more transparency.

From a management perspective, there have been many advantages as well.  It is much easier for management to present to the membership, invite vendors/contracts to attend meetings, and provide a better quality of life for the CAM.  For instance, the CAM no longer has to worry about staying after work for a Board meeting; now, they can drive home, spend some time with the family and then jump on the meeting from home.  Further, they don’t have to worry about the potential drive home after the meeting.  These small perks are enormous for the quality of life for the CAM.  Happier CAM equals happier staff and higher productivity for the association’s operations.


As the Co-Founder and CEO of Affinity Management Services, Rafael P. Aquino leads his team to redefine excellence. They serve community associations efficiently

and effectively with dedication and passion. Rafael’s energy and positive spirit is the foundation of Affinity Management Services’ company culture, which instills enthusiasm and excitement when providing expert advice to its board members and relieving the day-to-day burdens of running a community association.

Since 2007, Rafael has developed a work culture that values responsive and high-quality services. He has led his team by following a proactive vs reactive philosophy. The same approach Rafael instills in the day to day operations of each association. Today, Affinity Management Services maintains its success and benefits as a result of the foundation Rafael has built and continues to foster by providing educational seminars, continuing education classes for association managers and board members alike.Rafael and his team help condominium and homeowners’ associations save money and improve their communities. His calm, personable, and service-oriented nature helps him to establish strong relationships with ease. Rafael is known as a sincere and honest leader who looks out for the best interests of his clients and communities, and he strongly advocates for their needs. His role requires coordination and communication, as such he takes logical and intelligent steps to approach challenges head-on.As a graduate of Florida International University’s electrical engineering program and a licensed community association manager, Rafael’s education and skills equip him with unique insights to tackle complex problems through critical thinking. He understands how each component within a system works together in order to effectively arrive at solutions, techniques, and conclusions. Therefore, as he manages the multiple challenges of running a community association management company, he understands how each property is its own unique system and tailors’ specific services to assure that all their needs are met.

For more information about Rafael P. Aquino and Affinity Management

Services please visit www.ManagedByAffinity.com or call 1-800-977-6279

Tags:
Five Simple Steps To Get Your Home RentReady 

Five Simple Steps To Get Your Home RentReady 

  • Posted: Dec 16, 2021
  • By:
  • Comments: Comments Off on Five Simple Steps To Get Your Home RentReady 

Five Simple Steps To Get Your Home RentReady

Follow these five simple steps to a Rent Ready home. Many property managers and landlords in Florida believe that a quick sweep through the home makes it a rent ready home for a new resident.
But this is not enough as things are not as simple as they may seem. Here are five simple steps to ensure that your home is in tip-top shape and ready for a new occupant:
Step One: ReKey the Locks
Yes, you must re-key the locks between each New Tenant. Sure, you collected the keys from the the last tenant, but did they make spares? All outside locking doors should be re-keyed between each resident. Additionally, rotate the codes on any garage doors, access gates, exterior property gates, and mailboxes.
Step Two: Maintenance Assessment
A thorough maintenance assessment is absolutely vital. If you can’t do it yourself, we can send a professional through to assess any items that may need repair. They should evaluate all accessible pipes and electrical functionality, light bulbs and fixtures.
Moreover, they must check on garbage disposals, cabinets, windows and screens, window treatments, heating and cooling devices, doors, etc. Last but not the least, the evaluation should also include checking and replacing furnace filters and batteries in smoke and carbon monoxide detectors. The more detailed evaluation, the better!
Step Three: Major Upgrades or Home Repairs
As we all know, extensive and costly repairs are tricky to complete with a resident in the home. Assess the condition of all flooring materials, paint, countertops, bathtub surrounds, major appliances, roofs, gutters, and chimneys/fireplaces.
If the bathrooms or kitchen is outdated it will certainly lower the RentalValue of your property. Now would be the time to make those changes and evaluate what increase in rent you could obtain for upgrades.
Step Four: Exterior Clean Up
Don’t just look inside, look outside, too! Haul any debris from the yard, trim the trees, prune the bushes, and cut the grass. A fresh coat of paint on the fence, or a new front door can make a big impact to rental potential. In-expensive lights, a large mirror in a dimly lit hallway are worth invest in enhancing your CurbAppeal!
Step Five: Professional Cleaning
A clean and neat look to the house makes all the difference in how the home shows and how quickly it rents. Even the best Pembroke Pines tenants don’t often clean well enough.
Hire a professional cleaning service for the job and a truck mounted steam clean service for the carpets and any furniture in need of deep-cleaning. Walk around the house and see if it is the sort of house you would like to rent? And then get busy cleaning!
Getting your house rent ready for the next rotation can be a little more difficult than just taling a quick sweep around the property. RealPropertyManagementPremier can help you get your property in tip-top shape and ready without any hassles.
Thanks for the article: https://www.facebook.com/RealPropertyManagementPremier
Call (954) 800 4433 and talk to our experienced property manager today, if you need help in RentingYourPembrokePinesProperty easily.
Tags:
Is there a contactless authentication solution? by iDentyTech Solutions America

Is there a contactless authentication solution? by iDentyTech Solutions America

  • Posted: Dec 16, 2021
  • By:
  • Comments: Comments Off on Is there a contactless authentication solution? by iDentyTech Solutions America

Is there a contactless authentication solution?

by iDentyTech Solutions America

 

A lot of people don’t like to touch things or put their fingers or hands where other people have been. These reasons could be personal, such as the dislike of germs, or even religion. There are industries that require a sterilized work environment, and again touching a keypad or putting your eye in an iris reader it’s not convenient. But what if you could present your hand to a sensor and without touching it, your biometric palm vein map could be read?

This is a biometric technology that authenticates you on the basis of vein pattern recognition, rather than iris scans or fingerprint. The world’s first “contactless vein authentication” technology offers even more security and ease of use and overcomes previous problems related to security concerns.

The PalmSecure sensor is a biometric authentication device that provides the highest level of security using palm vein authentication technology. This technology is now able to be used in a wide range of situations thanks to reductions in size, reductions in cost, and simplification of development.

PalmSecure emits near-infrared rays that are absorbed by deoxidized hemoglobin present in blood flowing through a user’s palm veins. This causes an image of the palm to be captured as a vein pattern, which is then verified against the user’s pre-registered pattern to grant (or deny) access to a physical location or computer network.

Advantages

> Contactless
Because of its contactless feature, it is very hygienic and stress-free for even public use.

> High security & applicability rate
Difficult to forgery the palm vein data because it is inside the body. Almost everyone can use it. The only system on the market that gives 100% the ability to enroll and authenticate any person.

>Easy to use
Just hold your palm over the device, it captures your vein pattern instantly and will operate with all genders and ages.

>Authentication accuracy
The palm vein authentication realizes advanced authentication accuracy because the palm vein pattern has many and large sizes of blood vessels. False Rejection Rate: 0.01% and False Acceptance Rate: 0.00008%

>Advanced algorithm
The algorithm creates several tens of thousands of Minutia points, encrypting each image before converting it into a template allowing for unique encryption keys for specific solutions.

 

Ready to see how this technology can work for you, and your communities?

Contact me today!

Rodrigo Perez
(305) 505-7132
Rodrigo@identytech.com

Find us on the Members Directory on SFPMA

 

Tags: ,
Need A New Commercial Roof in South Florida? by PSI Roofing

Need A New Commercial Roof in South Florida? by PSI Roofing

  • Posted: Dec 14, 2021
  • By:
  • Comments: Comments Off on Need A New Commercial Roof in South Florida? by PSI Roofing

Need A New Commercial Roof in South Florida?

by PSI Roofing

Commercial Roof Replacement With PSI Roofing

PSI Roofing has built a successful history of installing high-quality commercial roofing systems with unmatched attention to detail for customers who demand the best the industry has to offer.

Our clients range from office buildings, manufacturing and industrial warehouses, condominium associations, healthcare facilities, storage facilities, schools and universities, shopping centers, churches, federal government and armed forces facilities. Check out our portfolio of completed projects!

 

Commercial Re-Roofing System Installation Types

The following are types of roof systems installed by PSI:

  • Modified and Built-Up — The traditional multi-ply system with granulated finishes including cold and hot applications
  • TPO — Mechanically attached or fully adhered rubber laminated systems
  • PVC — Mechanically attached and fully adhered PVC scrim systems
  • Liquid-applied membrane and coatings — Acrylic, urethane, silicone; with reinforced, non-reinforced or reflective components
  • Shingles — All types
  • Metal Roofs — Flat seam, standing seam
  • Tiles — All types

Once your project is under way, you will have online access to all information about your re-roof project through our Client Portal Service.  This option provides access to all relevant job documentation.  This includes job progress photos, maintenance history, building condition and equipment inventory, warranty information, and invoice status that are interlinked with a rational database.  All information  is kept on secured remote servers in order to protect your sensitive data and is accessible through a secure web portal through our website.

 

Tags: ,
Unpaid Fines Can Have Consequences,” News-Press  by Joseph E. Adams of Becker

Unpaid Fines Can Have Consequences,” News-Press by Joseph E. Adams of Becker

  • Posted: Dec 14, 2021
  • By:
  • Comments: Comments Off on Unpaid Fines Can Have Consequences,” News-Press by Joseph E. Adams of Becker

Q: What happens is I refuse to pay a fine for violating the association’s governing documents? (R.N., via e-mail)

A: A duly levied fine is due after a board appointed fining committee confirms, at a properly noticed fining hearing at which the accused can state his or her case, a fine proposed by the board. Pursuant to amendments to the statute enacted in 2021, the fine is due 5 days after notice is sent to the person who owes the fine.

Assuming the procedures outlined under statute and the association’s governing documents are followed, the association may take action to collect the fine. The condominium and cooperative statutes prohibit unpaid fines from becoming a lien against a unit. The statute for homeowners’ associations, by comparison, provides that no fine of less than $1,000.00 can be secured by a lien against a parcel, presumably meaning that fines of $1,000.00 or more may become a lien against parcel, if authorized by the governing documents.

In most cases, a lawsuit in small claims court is the proper venue to collect an unpaid fine. The statute for homeowners’ associations provides that in any legal action to collect a fine, the prevailing party is entitled to recovery of their attorneys’ fees from the non-prevailing party, as determined by the court. While the statutes for condominiums and cooperatives do not contain the same language, it is generally believed that the generic provisions of those statutes allow for the recovery of attorneys’ fees for legal actions brought under the statute.

Fines are “monetary obligations” and, if left unpaid, can also result in the suspension of voting and common area use rights, and disqualification from board service. Unpaid fines can also be disclosed on the “estoppel certificate” that the association provides in connection with the sale of the unit, a process which is primarily aimed at ensuring that assessments and other charges applicable to the unit are properly calculated, accrued, and prorated between a buyer and seller, so that a “clean” and insurable title can be issued.

 

Q: Can an association charge late fees on past due assessments? (B.K., via e-mail)

A: Yes, if late fees are authorized by the documents governing your community.

The respective laws governing Florida condominium, cooperative, and homeowners’ associations allow for an administrative late fee of up to the greater of $25 or five percent of each late assessment installment, if authorized by the declaration or the bylaws. Assessments and installments on assessments that are not timely paid also bear interest as provided in the declaration or bylaws. If the community documents do not provide an interest rate, interest accrues at the rate of 18 percent per annum.

Payments on delinquent accounts received by the association must first be applied to any interest accrued, then to any administrative late fees, then to any costs and reasonable attorneys’ fees incurred in collection, and then to the delinquent assessment.

 

Q: Our homeowners’ association board says that we cannot have an ice cream truck in the community because our governing documents prohibit solicitation in the community. Is that true? (K.S., via e-mail)

A: It sounds like your board could use some good humor.

“No solicitation” clauses are generally aimed at prohibiting door-to-door types of activities. The legally correct answer will depend on several factors, including whether your roads are private or public, whether the community is gated, and the easement language in your declaration of covenants.

In the board’s defense, there is certainly reasonable cause for concern with children running up to the truck, potential accidents, and the like. If the association owns the roads, it would be a party to get sued in the event of a mishap or tragedy.

Perhaps a reasonable compromise would be to permit the truck to park in a certain common area for a stated period of time, and allow the patrons to come and get their ice cream from the truck only while safely parked and the motor turned off.

 

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

Tags: ,
Legal: Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

Legal: Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

  • Posted: Dec 13, 2021
  • By:
  • Comments: Comments Off on Legal: Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

17 So.3d 839 (Fla. 4th DCA 2009)

By: Jay Roberts, Esq.

The ability for condominium associations to terminate certain contracts using a statutory procedure is at the heart of THIS CASE. In 2002, Comcast of Florida, L.P. (“Comcast”) entered into an agreement with the condominium developer (on behalf of the Association) that granted Comcast an easement to install cables and offer cable television services to residents at a bulk-discount rate. Every unit owner received and paid for the cable service as part of a monthly maintenance fee. The termination provision in the agreement stated it would be subject to the conditions and regulations required under Chapter 718, Florida Statutes. Following turnover from the developer to the unit owners, the Association voted to terminate the agreement and sent written notice to Comcast in accordance with F.S. 718.302.

Section 718.302, Fla. Stat. (2002), provided in part:

(1) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be fair and reasonable, and such grant, reservation, or contract may be canceled by unit owners other than the developer:
(a) … the cancellation shall be by concurrence of the owners of not less than 75 percent of the voting interests other than the voting interests owned by the developer….

After receiving notice of the termination, Comcast refused to open the distribution lock boxes. Ultimately, Comcast sued for declaratory and injunctive relief for breach of contract and trespass. Before a hearing was held, the Association hired another provider to rewire the building and provide services to all residential units. The trial court ruled in favor of the Association. On appeal, Comcast argued that F.S. 718.302 did not apply to Comcast’s services, because the contract was not one for operation, maintenance, or management of the condominium as required under the statutory language.

On appeal the Fourth District Court of Appeal found that the agreement explicitly required Comcast to operate and maintain the wires and lock boxes it had installed. The Court also noted that under F.S. 718.115(1)(d), the cost of cable television service obtained pursuant to a bulk rate contract is deemed a common expense. In light of the fact that the agreement provided for a cable television service, and that the cost was part of a monthly maintenance fee, and that Comcast was required to service and maintain the cable television, the Court concluded that the agreement was one for “operation, maintenance, or management” subject to F.S. 718.302 (NOTE: the 2021 version of this statute is substantially the same as the 2002 version).

So why does THIS CASE matter? The Florida Condominium Act provides various rights to condominium associations which become effective upon turnover of the association from developer-controlled to unit owner-controlled, including, but not limited to, the ability to terminate certain contracts. It is vital for associations which recently have undergone turnover to discuss the various rights which accrued on the date turnover with the association’s legal counsel.

Tags: ,
Six Requirements You Need to Get Your Property Management License in Florida

Six Requirements You Need to Get Your Property Management License in Florida

  • Posted: Dec 10, 2021
  • By:
  • Comments: Comments Off on Six Requirements You Need to Get Your Property Management License in Florida

Six Requirements You Need to Get Your Property Management License in Florida

To launch a career as a property manager in Florida, you must first obtain an appropriate license, but Florida does not offer a property management license. Rather than a property management license Florida requires you to obtain a real estate sales associate license to meet the Florida Real Estate Commission (FREC) requirements.

To become licensed in Florida, you need to first meet the requirements to enter an approved educational program. Once you’ve completed the program successfully, you apply for a license. After being electronically fingerprinted, you’ll need to take and pass the licensing exam. You do not need a license if you are only managing personally owned properties. Some rental properties, however, need a licensing by the Division of Hotels and Restaurants. If a property owner hires a salaried employee to manage the property no broker’s license is required, but if they are paid by commission or transactional basis they must have a license.

 


This course satisfies the 16-hour CAM pre-licensing requirements to become a community association manager in Florida.


Community Association Managers (CAMs) differ from property managers. CAMs must hold a valid Community Association Manager license. Obtaining this FREC license follows a similar process, but requires a different educational program. A CAM manages:

  • a ten or more unit association,

  • an association with greater than a $99,999 budget.

Check each applicant’s license status before hiring any person. Use the Florida Department of Business and Professional Regulation’s Licensee Search webpage to determine their licensing.

Property Management License in Florida

The first step in how to obtain a property management license in Florida is meeting the requirements to enter the higher education program. You need to already have graduated from high school or earned your general education diploma (GED). Also, you must be at least 18 years old. These minimums allow you to apply for entry to an approved real estate sales associate pre-licensing course.

Property Management License Florida Course

You will need to successfully complete the real estate sales associate pre-licensing course approved by the Florida Real Estate Commission. More than one possible course exists and the one you complete must contain a minimum of 63 hours of coursework. This is the introductory coursework to the larger licensing educational structure. It provides the foundation for other courses. You may complete the courses via correspondence, online or in person, depending on the options the school you choose offers.

Complete Your Application.

Complete and submit form DBPRRE1 which is the Florida application for a real estate sales associate license. You can fill it out online by visiting the Florida Department of Business & Professional Regulation website. Click the link for “Apply for a License.” You can complete it online or print it and submit it by fax or mail. The appropriate application fee must accompany it.

Submit Your Electronic Fingerprints

You must submit your electronic fingerprints via a FREC approved electronic fingerprinting site. You can obtain the sites closest to you by phoning 877-238-8232. You then visit them to submit your prints and pay the fingerprinting fee.

Ace Your Real Estate Sales Associates Exam

Sit for your Florida real estate sales associates exam. To qualify for a license, you must score at least a 75 percent on the test.

Receive Your License

Once you have passed the exam, you will receive your real estate license via postal mail. It typically takes seven to 10 business days to receive this in the mail.

Further Licensing Options

Beyond obtaining the sales associate license that functions effectively as a Florida property management license, you can also obtain higher licenses. You can obtain a broker’s license after 24 months as a real estate sales associate after completing a 72 classroom hours brokers course and a 60 hour post-licensing course which both must be FREC approved. For a license as a CAM, successfully complete a course of 18 hours education.

If you searched for how to get a property management license in Florida, you now know why you could not find it online. For property management, you need a sales associate license. To manage a community, you’ll need a CAM, also known as, a property association management license Florida requires. Florida property management license requirements differ depending on the size and/or budget of the community association.

While it is not a quick process, you can obtain your real estate license in about two years. That is the time it takes to complete about 60 hours of college coursework, assuming you complete 12 hour semesters. Some schools structure the courses in such a way that you must complete the classes in a specific order and cannot register for more than 12 hours per semester. After completion of the school program, passing your license exam is the only hurdle. You can enter a career in property management in Florida within two years.


Prolicense Florida is the leading online school for Licensed Community Association Managers (LCAM). We teach through interaction, which is proven to be a far more effective method of learning than attending classes or reading a boring book. Our content delivery platform, makes it easy for you to engage with the content providing a highest success rate at the State exam.

Licensing Partner for CAM Education: for SFPMA.COM and Clients all over the State of Florida. Learn more…..

 


 

Tags: , ,
Community Association Collections 101: What Happens When An Owner Files For Bankruptcy? by Axela’s / Mitch Drimmer

Community Association Collections 101: What Happens When An Owner Files For Bankruptcy? by Axela’s / Mitch Drimmer

  • Posted: Dec 10, 2021
  • By:
  • Comments: Comments Off on Community Association Collections 101: What Happens When An Owner Files For Bankruptcy? by Axela’s / Mitch Drimmer

It seems as if bankruptcy will be the next big subject, this article is a step by step process for community associations

Community Association Collections 101:

What Happens When An Owner Files For Bankruptcy?

Bankruptcy NoticeThe collections process isn’t a fun one, and depending on what causes delinquency, it can get complicated. A homeowner who falls behind on just their association payments is one thing, but someone who’s so behind on all of their financials that they have to declare bankruptcy is a very different story. We’re asked all the time about what happens when a condo or HOA has to deal with homeowner bankruptcy. If your association is dealing with a bankrupt homeowner who is not paying their post-bankruptcy amounts, there are decisions to be made and steps that can be taken. Let’s review what must happen and how the community association can best navigate this situation.

 

 

Two LedgersWhat Happens When Bankruptcy is Filed?

Filing for bankruptcy isn’t a quick process. When a person, known as the “petitioner,” files for bankruptcy, they must file a list of their creditors with the bankruptcy court (which is a federal court). The creditors will be noticed with a “bankruptcy notification” and will be given a time frame by which to respond, usually under two months. Government claims can be submitted up to six months after the petition date (it’s good to be the government.)

There is no requirement that the response (or proof of claim) from the creditor must be submitted to the court via an attorney, which is good for you–the less an association is required to spend on costly attorney fees, the better. This proof of claim can be submitted by the association directly, the management company, or by a collections partner like Axela. Just be sure that everything that is legally owed to the association is included on that proof of claim–this should include assessments, late fees, late interest, fines and violations, special assessments, and any other sundry items that have been charged to the property. Be sure to double-check the ledger because it is expensive to get a second bite at that apple if you find you want to amend your claim with the court.

From there, the bankruptcy court will hold a “341 meeting,” which is a meeting between the debtor and the creditors but it is not mandatory for any creditor to attend. Then comes the really complicated part.

 

Types of Bankruptcy

It is important to know what type of homeowner bankruptcy you are dealing with as this knowledge will direct your business decisions going forward. When a property goes bankrupt in a community association, the community needs to prepare two ledgers: a pre-petition ledger and a post-petition ledger. You cannot add the post-petition amounts to the bankruptcy claim because next month’s bills are not this month’s debts. Regardless of which kind of bankruptcy they have filed, the petitioner has an obligation to pay the post-petition amounts during the bankruptcy. If the delinquent owner is NOT paying their post-petition debts, the association needs to make a decision and take action immediately, and the type of bankruptcy will determine which steps to take

 

Chapter 7

Complete wipeoutChapter 7 bankruptcy, also known as “no-asset” bankruptcy, is a complete wipeout. This means that no money will be recovered from the pre-petition amounts.  A Chapter 7 bankruptcy case can take as little as six months to complete because there is no settlement to be made. Creditors can claim to the court that there are assets being hidden but, in most cases, it is all over fairly quickly. If the delinquent owner is not paying the post-petition amounts, then the association can wait until the case is discharged and then move forward with collections activity. If the owner has been paying their post-petition amounts, then the issue is resolved albeit the association has taken a hit.

 

 

Chapter 13

Wage Earner;s PlanChapter 13 bankruptcy is known as a “wage earners plan” and is a workout where the court will make a settlement and oversee it until the payment plan has been completed. This is when the association needs to make a business decision.

In a Chapter 13 bankruptcy case, the pre-petition debts will not be discharged for 3-5 years, and the petitioner remains in bankruptcy. If they are not paying the post-petition amounts, the association cannot submit the delinquency for collections or to an attorney for foreclosure. The only course of action is for the association to ask the court for an “injunctive stay of relief” which is essentially asking the court to allow the association to move forward with collections and or foreclosure efforts.

 

So What Needs to Be Done?

If a unit owner files for Chapter 13 bankruptcy and is not paying their current assessments, it is not a stretch to believe that most likely they will never pay. It is unfair that the association needs to wait three to five years until the pre-petition debts are paid, the delinquent owner is discharged from bankruptcy, and the association can finally move forward. As we mentioned above, if a delinquent owner has filed for Chapter 13 bankruptcy and is not paying their current assessments, the association should file with the court a motion for injunctive relief. During the gap period, section 1519(a) of the Bankruptcy Code states that a bankruptcy court has the power to grant provisional injunctive relief and certain other forms of relief where “relief is urgently needed to protect the assets of the debtor or the interests of the creditors.” Additionally, an order staying execution against the debtor can also be granted. If a property owner is not paying their assessments, then the case can be made that a stay order is required to protect the assets (the property).

 

How to Handle Homeowner Bankruptcy in Your Association

The same way you’d handle any other bankruptcy situation in your association: call a professional. Homeowner bankruptcy in your association can be managed and worked through, but it takes a lot of knowledge and a lot of time. Many times, when a management company or a board of directors is reviewing delinquencies, the units that are delinquent and are also in bankruptcy get glossed over. There is a feeling that once a delinquent owner files for bankruptcy, the association has no options other than to wait until the bankruptcy is discharged. This is not the case as there are options and every case is unique. Axela Technologies has the experience, knowledge, and experience to deal with all these contingencies. Call us today for a no-cost, no-obligation analysis, and review of your delinquencies.


About the Author

Mitch Drimmer is a respected thought leader in his field and has led numerous continuing education classes in collections, His articles have been published in key trade journals and newspapers, and he is a speaker at educational seminars.

As the President of Business Development for Axela Technologies, Drimmer works with community associations and their management companies to introduce innovative strategies to collect delinquent maintenance fees.

Throughout his career, Drimmer has worked with community associations to help them see their way through tough times, especially during the real estate crash. He is a passionate advocate for community associations and has participated in the legislative process over the years trying to bring fair and equitable legislation that serves community associations.

Drimmer earned a Bachelor of Arts in History from Hunter College in New York City, and has worked in the community association collections space since 2007.

 

Tags: , ,