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. 

Professional Mailbox Installation and Repair Company Servicing all Florida Counties

Professional Mailbox Installation and Repair Company Servicing all Florida Counties

  • Posted: Aug 01, 2024
  • By:
  • Comments: Comments Off on Professional Mailbox Installation and Repair Company Servicing all Florida Counties

ASAP Mailbox And More, Inc.

239-262-1165

Professional mailbox installation and repair company servicing all Florida counties

 

ASAP Mailbox and More, Inc. supplies and installs all types of residential curbside mailboxes and all styles of cluster box units ( CBU’s) We are a one-stop source for everything related to installing a new mailbox. From removal of the existing mailbox, to the installation of the new one in concrete, to the address numbering, we handle everything and provide our services in all Florida counties.


ASAP Mailbox And More, Inc.’s main facility is located in Cape Coral, Florida. From this main warehouse and fabrication location, we are able to sell and ship our mailboxes WITH INSTALLATION INCLUDED Nationwide in conjunction with our network of local dealers located in each county.

We take pride in living up to our name “ASAP” when it comes to handling mailbox installs and repairs for HOA’s, property managers and individual homeowners.

From providing complete Community mailbox and signage replacement to repairing a broken bracket for a homeowner, we always handle the project professionally and in a timely manner.

If you need a Mailbox installed please fill out the form below, when filling out the form, make sure to select “I Need A Mailbox Installed” in the select box.

If your need is urgent (mailbox installation, repairs or other needs), please call us at 877-272-7624.

     

View and contact our Members Directory Page on SFPMA.COM

 

Tags: , ,
Hurricane Preparedness Kit: Your Family’s Lifesaver – Share this essential hurricane preparedness kit checklist with your loved ones. Let’s stay safe together! 

Hurricane Preparedness Kit: Your Family’s Lifesaver – Share this essential hurricane preparedness kit checklist with your loved ones. Let’s stay safe together! 

  • Posted: Jul 24, 2024
  • By:
  • Comments: Comments Off on Hurricane Preparedness Kit: Your Family’s Lifesaver – Share this essential hurricane preparedness kit checklist with your loved ones. Let’s stay safe together! 

Hurricane Preparedness Kit: Your Family’s Lifesaver

Hurricane season is here and being prepared can make all the difference. Share this essential hurricane preparedness kit checklist with your loved ones. Let’s stay safe together!

What to Include:
1. Water: At least one gallon per person per day for three days.
2. Non-Perishable Food: Canned goods, energy bars, and ready-to-eat meals.
3. Flashlights: Make sure you have extra batteries too.
4. First Aid Kit: Bandages, antiseptic wipes, and necessary medications.
5. Battery-Powered Radio: Stay informed with weather updates.
6. Important Documents: Keep copies of IDs, insurance, and medical records.
7. Multi-Tool Kit: Handy for various needs.
8. Personal Hygiene Items: Toothbrush, toothpaste, soap, and sanitizer.
9. Cash: In case ATMs and cards are inaccessible.
10. Blankets and Clothing: Stay warm and dry.
11. Phone Charger: Portable chargers can be a lifesaver.
Remember, preparedness is the key to safety. Share this post to help others get ready for hurricane season! 🌀
📞 (941) 484-4700
Tags: , ,
When unit owners refuse to pay their assessments, it puts everyone in a bind, condominium assessment liens might be one way?

When unit owners refuse to pay their assessments, it puts everyone in a bind, condominium assessment liens might be one way?

  • Posted: Jul 16, 2024
  • By:
  • Comments: Comments Off on When unit owners refuse to pay their assessments, it puts everyone in a bind, condominium assessment liens might be one way?

Florida Condominium Associations and Homeowners Association Boards have many challenges in managing the needs of their communities. As a result, when unit owners refuse to pay their assessments, it puts everyone in a bind. Fortunately, there is a key tool that you may use in Florida to compel payment of the monies due: a condominium assessment lien.

Collecting Assessment Revenue Through A Condominium Assessment Lien
There are steps that must be taken in order for a condominium association lien to be properly filed. This is a brief summary of the steps:

 

*A condominium association’s governing documents in conjunction with Section 718.116, Florida Statutes, are the genesis of the condominium association’s authority to impose and perfect assessment liens against individually owned units within the community.

 

 

Delinquency Notice

This is not a requirement but good collection practices dictate that the association attempt collection efforts prior to engaging a law firm. Sometimes the unit owner may have just forgotten to place the payment in the mail. These delinquency notices can help remind the unit owner of their payment obligation.

 

Notice of Intent to Lien

The first statutorily required step is to send a formal letter from the law firm announcing the association’s intent to place a lien on the unit for the failure to pay. The letter has very specific requirements and should be sent from the association’s attorney. If a condominium, the association must wait 30 days from the date of this letter to record its lien. The time frame for a Homeowners Association is 45 days.

 

Claim of Lien

This is the actual document that gets recorded in the public records and encumbers the unit. It must have the Unit legal description, the owners name and a description of the delinquency. There is a form in the statute and Florida law requires that this lien be created and recorded by the association attorney.

 

Notice of Intent to Foreclose

After the lien is recorded, another notice must go to the unit owner announcing the intention to take the unit by legal process. The association must also wait an additional 30 days after this notice is sent. 45 days for HOAs.

 

Foreclosure Action

This is the lawsuit that will take the unit. A Lis Pendens is recorded when the lawsuit is filed to provide public notice of the legal action on the lien. Most lien foreclosure actions result in either settlement of the claim of taking of the unit. Defenses to lien foreclose actions are tough to prove and seldom release the unit owner from the obligation to pay the assessment.

 

 

Time Is not on your side, dont delay if this is the action you are taking?

It is imperative that all these steps are followed to the tee or the lien may be dismissed outright. In addition to these steps, Florida condominium associations can take additional steps such as suspending unit owner common element or amenity rights. This is done by alerting the unit owner of the delinquency and then if amount is greater than $1,000 and 90 days the Board may consider the suspension of voting rights at a board meeting. The unit owner will then receive notice of the suspension after the vote has occurred.

 

Florida Condominium Associations

Under Florida State Law, only an attorney may draft a condominium assessment lien, because it contains a legal statement. Once the lien is filed, there is a one year timeline for Florida condominium associations to file suit. If the Association misses that deadline, the whole lien process will have to be redone. Therefore, it is paramount that the steps are followed properly, and in a timely fashion, or you may forfeit what is due to the community.

Remember to contact your Attny, Ask them for the best options for your communities!

 

Tags: , ,
U.S. FLAGPOLE INC IS A FULL SERVICE FLAGPOLE COMPANY – July 4th Flag Poles in stock!!

U.S. FLAGPOLE INC IS A FULL SERVICE FLAGPOLE COMPANY – July 4th Flag Poles in stock!!

  • Posted: Jul 07, 2024
  • By:
  • Comments: Comments Off on U.S. FLAGPOLE INC IS A FULL SERVICE FLAGPOLE COMPANY – July 4th Flag Poles in stock!!

U.S. Flagpole Inc.

727-217-6487

U.S. FLAGPOLE INC IS A FULL SERVICE FLAGPOLE REPAIR COMPANY

Are you ready for July 4, 2024 ?

Take advantage of years of expertise – contact us for all of your Flag Pole Needs!

Our specialized equipment allows us to repair most flagpoles without the use of a bucket truck, reducing costs or damage by heavy equipment and allowing access in difficult-to-reach areas.

We service the entire state of Florida

Matt McClue
General Manager
U.S. Flagpole Inc.
727-217-6487
usflagpole@yahoo.com

What is in store for new condo laws? MANDATORY EDUCATION!

What is in store for new condo laws? MANDATORY EDUCATION!

  • Posted: Jul 07, 2024
  • By:
  • Comments: Comments Off on What is in store for new condo laws? MANDATORY EDUCATION!

What is in store for new condo laws? MANDATORY EDUCATION!

In 2009, attorney Eric M. Glazer began a career in radio, starting and hosting the weekly Condo Craze and HOAs Radio Show on 850 WFTL. During the show, Eric answers questions from the callers week in and week out and the show has become incredibly popular throughout the state.

links:

Condo Craze Blog    condocrazeandhoas.com

watch the Shows, every Sunday at 11am     www.youtube.com/@CondoCrazeandHOAs

 

Florida Building Inspections By: Structural Engineering and Building Consulting firm – Joe DiPompeo, PE

Florida Building Inspections By: Structural Engineering and Building Consulting firm – Joe DiPompeo, PE

  • Posted: Jun 19, 2024
  • By:
  • Comments: Comments Off on Florida Building Inspections By: Structural Engineering and Building Consulting firm – Joe DiPompeo, PE

Florida Building Inspections

Structural Engineering and Building Consulting firm

By: Joe DiPompeo, PE

Building inspections are a critical component of property management in the state of Florida. They help to ensure that buildings are maintained in good condition and meet building codes, which is essential for protecting both tenants and property owners.

First and foremost, building inspections are necessary to ensure that buildings are compliant with certain codes and regulations. In Florida, building codes are set by the Florida Building Code (FBC), which establishes standards for the construction, maintenance, and repair of buildings in the state. These codes cover everything from electrical and plumbing systems to fire safety and structural integrity. While most codes are applicable to the construction of the building, Florida has significant codes and requirements throughout the life of the building, such as structural and electrical recertification inspections. Failure to comply with these codes can result in fines, legal action, and even the closure of the building.

By conducting regular inspections, property managers can identify any issues that may be in violation of these codes and requirements and take corrective action before they become serious problems. For example, an inspector may find deteriorating structural concrete or issues with the electrical wiring. These issues can be addressed before they put the safety of tenants and the property at risk or become a larger, more expensive problem to fix.

In some places, such as Florida, there are mandatory ordinances which enforce regular building inspections. These inspections should be conducted by a certified Professional Engineer and then file a report with the local building department or and/or state. If these requirements are not met, the property owner or manager will receive a fine.

Furthermore, building inspections can also help property managers identify maintenance needs. Over time, buildings can experience wear and tear, and components can break down. By conducting regular inspections, property managers can identify these issues and take corrective action before they become more serious and costly to repair. This can help to extend the lifespan of the building and save money in the long run.

Moreover, building inspections are essential for protecting property values. Properties that are well-maintained and free of hazards are more attractive to tenants and can command higher rents and sale prices. Regular inspections can help to identify issues that may be causing damage to the building, such as water leaks or structural issues. By addressing these issues early, property managers can prevent further damage and ensure that the building maintains its value.

Finally, building inspections can also provide peace of mind for property owners and tenants alike. By knowing that the building is being regularly inspected and maintained, owners can be confident that their investment is being protected. Tenants, on the other hand, can feel reassured that they are living in a safe and well-maintained environment.

In conclusion, building inspections are a crucial part of property management in Florida. They help to ensure compliance with building codes and regulations, identify potential hazards, identify maintenance needs, protect property values, and provide peace of mind for owners and tenants. By conducting regular inspections, property managers can prevent serious problems from occurring and ensure that their buildings are safe and well-maintained and compliant with state and local requirements.

Structural Workshop

Structural Engineering and Building Consulting firm

754-277-4245

info@structuralworkshop.com

Contact us for an Inspection. 

 

Tags: , ,
Drones capture thousands of high-quality photos as they move in and around buildings at different altitudes.

Drones capture thousands of high-quality photos as they move in and around buildings at different altitudes.

Drones capture thousands of high-quality photos as they move in and around buildings at different altitudes.

Performing drone inspections on a consistent basis allows property managers to observe time-dependent changes such as concrete deterioration, roof wear and tear, and hurricane damage.
At SRI, our FAA-certified pilots perform drone surveys of residential and commercial properties throughout South Florida.
Learn more about our drone services @ https://ow.ly/Qy6u50QWZNw

DRONE SURVEYS

Red circle blog post icon

Drones take many videos and high-quality photos as they move in and around buildings at different altitudes. In a single mission, hundreds of data points can be captured for later use. That data provides a historical record to aid in insurance claims, maintenance and future renovations. At SRI, our FAA-certified pilots perform drone surveys of residential and commercial properties throughout South Florida. We use Catalogger image management software to easily store, search and access image and video data.

FAA-Certified Drone Pilots

All of our pilots have passed the FAA’s Small UAS Rule (Part 107) examination and maintain their flying credentials by passing recurrent examinations every two years.

Image Management with Catalogger
With a simple interface, Catalogger allows users to quickly access and share drone survey photos to guide maintenance, repair, and improvement projects. Image data is stored on the cloud and can be viewed on multiple devices via a password-protected portal.
Mission Planning With Recorded GPS Coordinates

Allows for repeated flights along the same path. Missions can be scheduled periodically to observe time-dependent changes such as concrete deterioration, roof wear and tear, hurricane damage, and modifications to surrounding structures.

Catalogger image management system logo
Tags: , ,
Don’t let a natural disaster catch your community off guard! Take charge and be prepared!

Don’t let a natural disaster catch your community off guard! Take charge and be prepared!

The coastal Northeast is experiencing a concerning trend of heating at a faster rate compared to other regions in North America. Researchers have identified a strong correlation between the accelerated warming and the rapidly increasing temperatures in the North Atlantic Ocean and increasing storm intensity. Natural disasters such as hurricanes, tornadoes and coastal flooding can strike at any moment, leaving communities devastated and in need of immediate assistance. It is crucial for communities to be prepared in order to minimize the impact of these disasters and ensure the safety of their residents.

Preparing your community for a natural disaster is crucial to minimize damage, save lives, and facilitate a swift recovery. Here are a few steps to assist with your preparation:

Assessment and Planning:

  • Identify the types of natural disasters that are common in your area, such as earthquakes, hurricanes, floods, wildfires, or tornadoes.
  • Conduct a thorough risk assessment to understand the potential impact of these disasters on infrastructure, buildings, and residents.
  • Collaborate with professionals to create a comprehensive disaster preparedness plan.
  • Make sure that the community has backed up records of their site plans, architectural and structural drawings, as this can greatly assist in the post disaster assessment and recovery process.

Initial building evaluation performed based on the severity of the storm/event:

  • The degree of safety & habitability of the subject building is not always obvious. If there is any doubt or question that there may be structural or building envelope damage to a building, call you Professional Engineer or Architect and have an evaluation performed.
  • In some instances, you may be required by your local municipality to have your professional assist with stabilizing the structure before parties can enter the structure to collect personal belonging that may remain.

Communication and Engagement:

  • Establish a reliable communication system to disseminate information before, during, and after a disaster. This can include email, social media, or text alerts.
  • Designate community leaders or volunteers responsible for communicating updates and instructions.

Contact Insurance:

  • It can take a while to get adjusters to scene following an event. Be sure to take before, during and after photos of any damage that occurred.

Post-Disaster Recovery:

  • Establish a recovery plan that includes damage assessment, debris removal, and restoration of essential services.
  • Plans and specifications may be required to repair or reconstruct the building, depending on severity.
  • Code requirements can impact the work based on if it is classified as repair vs reconstruction. This needs to be carefully reviewed and considered as insurance carriers may try to exclude some of the necessary work, so the Architect or Engineer needs to be well versed on preparing plans for this type of work.

Remember, disaster preparedness is an ongoing effort. Regularly review and update your plans based on new information, changing community demographics, and emerging technologies. By taking proactive steps, you can help your community minimize the impact of natural disasters and ensure a more resilient future.

Contact our team for more information how to be proactive! 

The Falcon Group
Miami
15405 NW 7th Avenue in Miami, FL 33169
ph: 305.663.1970 x509
info@falconengineering.com
WEST PALM BEACH, FLORIDA
5651 Corporate Way, Suite 4, West Palm Beach, Florida 33407
Phone: 561-290-0504
info@falconengineering.com
Tags: , , ,
Secured Technologies: Security of your property or needing a trusted partner to help you build a state of the art Access Control Solution.

Secured Technologies: Security of your property or needing a trusted partner to help you build a state of the art Access Control Solution.

  • Posted: May 20, 2024
  • By:
  • Comments: Comments Off on Secured Technologies: Security of your property or needing a trusted partner to help you build a state of the art Access Control Solution.

Secured Technologies Inc.

305-893-1269

Whether you are adding some final touches to the security of your property or needing a trusted partner to help you build a state of the art Access Control solution, CCTV and fire or intruder alarm system, Secured Technologies has a wide range of options to help you.

Covering a range of security services, from small restoration and maintenance jobs to providing full blown biometric no-touch access control complete with Facial Recognition and world class CCTV, Secured Technologies is your partner in securing your building.

We offer state-of-the-art access control systems, alarm systems, intruder detection systems, CCTV, IT, integration, installation, support and maintenance services. We are a licensed and insured security service provider in the state of Florida.

Our Company’s in-house design specialist incorporates modern

High-Rise Design Technologies for Condominium, Hotel, Apartments,

Hospitals and Corporate Office towers. Secured Technologies is

responsible for some of the most secured Condominium Towers

throughout South Florida.

 

Secured Technologies Inc.

Ross Logan

Director of Operations

305-893-1269

687 NE 124th Street, North Miami, FL 33161

http://www.secured-technologies.com

Tags: , ,
All In One System – manage so many devices on you properties. you control access for owners and guests at your fingertips!

All In One System – manage so many devices on you properties. you control access for owners and guests at your fingertips!

  • Posted: May 20, 2024
  • By:
  • Comments: Comments Off on All In One System – manage so many devices on you properties. you control access for owners and guests at your fingertips!

Smart Entry Systems

(626) 213-7557

All In One System – manage so many devices on you properties. you control access for owners and guests at your fingertips!

  • Simple Installation, Wirelessly connects to the Internet using plain WiFi without the need to pay for land lines, POTS, VOIP, SIP, nor LTE.
  • Surveillance Camera Integration, Pull images from other camera(s) mounted near by the entrance for a multi-directional view of the access  w/ event in the entry log.
  • Create temporary guest codes for pre-authorized visitors using the phone app.
  • Conveniently manage your property with a browser from anywhere with Internet access.
  • Accept deliveries from any shipper, residents can collect packages 24/7. Mix and match from 9, 6, or 4 door models to suit your community.
  • Eliminate coins from communal washers, dryers, electric car charging stations, short term rentals of conference and party room

Sales Manager: Wanchai Siriwalothakul

Phone: 626-213-7557
Tags: , ,
SECURING YOUR GATED COMMUNITY Exactly Who Is Allowed In? by KBR Legal

SECURING YOUR GATED COMMUNITY Exactly Who Is Allowed In? by KBR Legal

  • Posted: May 20, 2024
  • By:
  • Comments: Comments Off on SECURING YOUR GATED COMMUNITY Exactly Who Is Allowed In? by KBR Legal

SECURING YOUR GATED COMMUNITY  Exactly Who Is Allowed In?

by  Kaye Bender Rembaum

 

While living in a gated community can add peace of mind for the residents who live behind the gates, there are many important considerations for the association when crafting rules and regulations regarding who may and who may not be permitted to enter the community. In today’s gated communities, there are three entry control options: (i) live personnel to monitor the gate, (ii) a virtual gate guard where the gate guard who allows guests to pass through is off-site and monitoring electronically, or (iii) a simple call box.

Many associations adopt rules which require visitors to the community to present valid identification to ensure that the visitors are authorized by the association or a resident to enter the community. But, what kind of identification can an association require? Are there limits? In the end, the association must balance its interest in ensuring that only authorized visitors enter the community with the rights of the owners and the visitors entering the community.

One question which bears analysis is, is the association permitted to “swipe” a driver license? Section 322.143, Fla. Stat. (2021), defines “swiping” a driver license as the act of passing a driver license or identification card through a device that is “capable of deciphering, in an electronically readable format, the information electronically encoded in a magnetic strip or bar code on the driver license or identification.”

Pursuant to §322.143, Fla. Stat. (2021), a private entity is not permitted to “swipe” an individual’s driver license or identification card to capture and store information contained in the magnetic strip unless the individual consents to allow this, and the association informs the individual what information will be collected and the purpose or purposes for which it will be used. However, an exception exists in that the association is allowed to “swipe” the driver license to verify the authenticity of the driver license, as long as the association is not capturing and storing the information on the magnetic strip. More specifically, §322.143(2)(a), Fla. Stat. (2021), provides, in pertinent part, the following:

    (2) Except as provided in subsection (6), a private entity may not swipe an individual’s driver license or identification card, except for the following purposes:

        (a) To verify the authenticity of a driver license or identification card or to verify the identity of the individual if the individual pays for a good or service with a method other than cash, returns an item, or requests a refund.

 

 

In accordance with the foregoing, an association is permitted to “swipe” a driver license but is not permitted to store, sell, or share the personal information collected from swiping the driver license. Although swiping without storing the information is permitted, this author recommends that the association fully avoid swiping the driver license. If the information was inadvertently or even temporarily stored on the device that the association used to swipe the driver license, the association would be in violation of this statute. Note that manually collecting personal information or making a photocopy or other copy of the front of the driver license is not prohibited by the statute and is a far safer practice.

Another question worth addressing is, can the association require a valid United States driver license for any drivers entering the community? Be warned, such a requirement could land the association in hot water. Although the association can likely require any driver entering the community to have a valid driver license, the association cannot require that the license be issued in the United States.

Pursuant to §322.04(1), Fla. Stat. (2021), “a nonresident who is at least 16 years of age and who has in his or her immediate possession a valid noncommercial driver license issued to the nonresident in his or her home state or country” is permitted to operate a vehicle without a Florida license. In other words, a driver with a proper license in another state or another country is legally permitted to drive in Florida as long as they have their valid noncommercial driver license in their possession. Similarly, an association should accept a valid license issued from another state or country for entry into the community.

If the above is not enough to encourage your associations to accept driver licenses from all countries and states, consider that a policy requiring a driver license issued in the United States may be considered a violation of the Fair Housing Act in that doing so may be deemed discrimination based upon national origin and may form the basis of a discrimination lawsuit based on disparate treatment or disparate impact. “Disparate treatment” is an intentional form of discrimination, whereas “disparate impact” discrimination occurs when a policy has an unintentional negative effect on members of a protected class. Thus, while this author is not aware of any such appellate decisions issued in the State of Florida, the last thing any association needs is to be the first defendant in such a Fair Housing Act lawsuit.

 

With regard to all rules adopted by the board of the association, rules regarding who can enter the community are only enforceable if they are within the board’s scope of authority and are reasonable for the purpose. If a rule is outside the board’s scope of authority as set out in the governing documents of the association, or if the rule represents arbitrary or capricious decision-making, such rule will not be enforceable. When adopting rules, remember the following:

  1. The board or the body making the rule must have authority from the governing documents or statute to adopt the rule.
  2. The rule cannot conflict with any rights afforded by documents of higher priority, whether express or implied rights.
  3. The rule must be reasonable. Reasonableness is hard to define, but the case law provides that the rule must be rationally related to a legitimate association objective. The rule cannot be wholly arbitrary or capricious.
  4. The rule cannot contravene any law or compelling public policies.
  5. The rule must be adopted in a procedurally correct manner, which includes proper notice.

 

On a different note, remember that material alterations to the gate area may require a vote of the membership.

In regard to official records and as to homeowners associations, §720.303(5)(c), Fla. Stat. (2021), provides, in relevant part, that although part of the official records of the association, “[i]nformation an association obtains in a gated community in connection with guests’ visits to parcel owners or community residents” are not accessible to members.

As is evident from this discussion, there are many different issues to take into consideration when drafting rules governing who is permitted in your community. To ensure that your rules comply with Florida law, we recommend that the association have its counsel review any rules prior to their adoption.

Jeffrey A. Rembaum, Esq., BCS

Jeffrey Rembaum’s, Esq. legal practice consists of representation of condominium, homeowners, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of “Rembaum’s Association Roundup,” an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list, and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.

 



If you are looking for a company to help with securing your Gates, Doors to your Amenities, Our members can help.

Florida’s Top Access Control System Companies, CCTV, Security Gates and Card Readers. keeping your properties safe and secure. State Approved Members of SFPMA

Search for Security & Access Control Members

 

Tags: , ,