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

The Four Phases of Recovery We Can Expect Next Year: by Levy Realty Advisors

The Four Phases of Recovery We Can Expect Next Year: by Levy Realty Advisors

Everyone expects a rocky ride for the US economy for the first half of 2021 as the vaccine is distributed and policymakers weigh steps to boost the economy.

But, at least according to one account, the recovery will unfold in a series of stages. John Leer, writingfor Morning Consult, says the economy will experience four distinct phases in the year ahead. From January to April, the second coronavirus relief package’s initial spending will create a stimulus high as unemployment insurance and stimulus checks offset the virus’s negative economic consequences, according to Leer. .

 

“Consumers across the income spectrum will grow more confident in the economy once the money hits their accounts, driving increases in consumer spending and employment through the middle of April,” Leer writes.

 

By late April, Leer expects the effects of the second coronavirus relief bill to wane as unemployment benefits expire and the stimulus boost burns off, exposing weaknesses in households’ finances.

But once the vaccine is widely distributed by the end of Q2, Leer anticipates a bounce back as a wave of spending as Americans eat out and travel. That should drive a rebound through most of the remainder of the year. Restaurants and gyms are likely to see a resumption of activity before international travel increases later in the year.

By December, the economy should enter a period of normalization. Leer thinks that if large groups of unemployed workers can’t find work, then the pandemic’s economic scars will likely limit economic activity heading into 2022.

Unfortunately, not all workers will find jobs at the same pace even as the economy pushes through to normalization. The effect will be the continuation of the K-shaped recovery we have seen this year. The K-shaped recovery is characterized by two groups of employees: higher-paid workers, who are weathering the recession, and lower-paid laborers, who are struggling.

 

“Individuals with less education were more than twice as likely to be out of work as college graduates,” according to Marcus & Millichap in a recent research brief. “People without a bachelor’s degree are more likely to have been employed in lower-skilled roles that were disproportionately affected by stay-at-home orders.”

 

The uneven recovery has had the same disconnect with commercial real estate, with some asset classes recovering based on how well its users are doing, versus others that are still flailing. To use an oft-cited example, the retail and hospitality sectors have borne a heavy burden from Covid-19, while the apartment and industrial sectors not only survived but also flourished, in the latter case.

Recent pricing in these categories show these trends are unlikely to dissipate any time soon and will likely follow Leer’s four stages of US economic recovery.

In October according to the US National All-Property Index, the apartment sector rose 7.2% and industrial 8.5%. Retail prices were down 5.2% from a year prior. The office sector continued to fall at about a 1% annual rate, with suburban offices leading that slide, falling 1.6% year-over-year in October.

 

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An Association’s Response to Owners Requiring Additional Care by Becker

An Association’s Response to Owners Requiring Additional Care by Becker

  • Posted: Dec 14, 2020
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An Association’s Response to Owners Requiring Additional Care

Robyn M. Severs | 12.11.2020
Florida Condo & HOA Law Blog

 

Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist these individuals. Plus, associations are not healthcare or mental health providers, so they are not equipped to address such matters. Instead, associations will need to request help from family, friends, or governmental entities.

Depending on the severity and facts of a particular situation, the association should attempt to contact known relatives to determine if there is someone available to assist, as it is best that the association allow the family to intervene. Associations should consider having owners complete a form that would list relatives, friends, emergency contacts, to assist in such situations. However, there are many cases where the resident does not want their family to help, where the family is unwilling or unable to help, or where the association does not know of any relative or friend of the owner. In those instances, the association may need to see if there is any governmental assistance.

The association can contact Code Enforcement if the property is in so disrepair that it is a code violation. Some counties also have Elder Helplines that could be contacted. The Florida Department of Elder Affairs has an Elder Helpline at 1-800-963-5337.

 

For issues regarding self-neglect, the Adult Protective Services, Division of the Department of Children and Family Services (DCF) Abuse Hotline can be called at (800-962-2873). They should send out an investigator to investigate and perform assessments pursuant to Chapter 415 of the Florida Statutes, which allows the state to intervene in the instance that “senior neglect” is suspected. “Neglect” is defined in Section 415.102(16), Florida Statutes as follows:

  • “Neglect” means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.

Finally, local law enforcement should be contacted if the association is concerned for an owner’s safety. They can perform a “welfare check” to check on the safety or well-being of a person. Such a check could lead to involuntary commitment pursuant to the Florida Mental Health Act, also known as the Baker Act. This is occasionally a viable option when a person’s inability to care for themselves presents a danger to themselves or others.

 

If the resident refuses to accept the assistance offered by family or applicable agencies and, instead, continues to cause problems for other residents, or create hazardous conditions, the association could theoretically attempt to enforce the relevant provisions of the association’s governing documents, usually through a nuisance provision.

As you might imagine, the travails of the elderly or those with mental health issues are rarely optimal cases to take before a judge or an arbitrator. However, at least in some cases, it may be worth taking the initial steps necessary to proceed with legal action including a “cease and desist” or “opportunity to cure” letter. The association could also use the legal action as a way to get a legal guardian appointed for the owner. Perhaps the association could seek a determination from a court as to whether the association could cure the violations themselves. While this may not be an attractive option for the association, it may be the only available option.

Unfortunately, dealing with residents that need help is a difficult situation for associations with no clear answer as to how to resolve the problem. Hopefully, the above options will be able to provide some guidance and assistance.

 


Robyn M. Severs represents community association clients throughout Florida’s northeast region. She has significant experience representing and assisting condominium and homeowners associations in a wide variety of legal areas, including document review, document drafting, turnover of association control, reserve funding, and maintenance issues. Robyn also handles community association bankruptcy cases and appellate cases that include some notable decisions. Earlier in her career, she served as an Assistant Public Defender for the Tenth Judicial Circuit, and as a Senior Attorney for the Florida Department of Business and Professional Regulation, Division of Real Estate, where she prosecuted cases before the Division of Administrative Hearings, Florida Real Estate Commission and Florida Real Estate Appraisal Board. Ms. Severs is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

Robyn M. Severs

Shareholder / Orlando
tel:904.423.5372
RSEVERS@beckerlawyers.com

 

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Nothing better than a sunny day and a newly sealed and striped parking lot! by Atlantic Southern Paving and Sealcoating

Nothing better than a sunny day and a newly sealed and striped parking lot! by Atlantic Southern Paving and Sealcoating

  • Posted: Nov 23, 2020
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Nothing better than a sunny day and a newly sealed and striped parking lot!

by Atlantic Southern Paving and Sealcoating

Our #ASPCrew sealcoated, striped and completed asphalt repairs on this corporate office parking lot in Boca Raton, Florida!

Contact us today for any of your parking lot needs by calling us at 1-833-PAVE-ASP or head to www.PaveWithASP.com!

 


ATLANTIC SOUTHERN PAVING & SEALCOATING

Southeast FL  954-518-4315

Southwest FL  239-234-2155

Central FL  321-408-5010

Provides pavement maintenance & construction services. From idea or blueprint to finished surface we offer all facets of new paving installation.

Atlantic Southern Paving & Sealcoating From idea or blueprint to finished surface, we offer all facets of new paving installation. Our crews have the technical expertise to perform these tasks to the standards set by local, state and federal requirements. This expertise allows us to pass inspections the first time so that your project can stay on schedule.

Atlantic Southern Paving & Sealcoating provides pavement maintenance & construction services to Florida for over 30 years. The solid foundation that Michael “Mickey” Curry started in 1992 employing the best people, using the best products and providing what the customer needs with a competitive pricing has enable Atlantic Southern to continue to thrive.

 

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THERE ARE THINGS TO STILL BE THANKFUL FOR  By Eric Glazer, Esq.

THERE ARE THINGS TO STILL BE THANKFUL FOR By Eric Glazer, Esq.

  • Posted: Nov 23, 2020
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THERE ARE THINGS TO STILL BE THANKFUL FOR

By Eric Glazer, Esq.

I wrote this blog last year.  I’m using it again because for many of us, and perhaps almost all of us, we are in the middle of the most difficult year of our lives. Nobody could have predicted the disaster that has been 2020 on a world-wide scale.  So –I’m running the column again, hoping to challenge all of us into thinking about the positives that still remain in our lives and I’m hoping that your words of inspiration help inspire and cheer up all of us.

 

In three days from now we are supposed to sit around the table stuffing turkey down our throats while reflecting on all the things we should be thankful for.  The easy ones are family and good health.  Some might also be thankful for a new job, new car, new spouse or even new body part(s).  How many of you however would be thankful for the community and home you live in?

Week after week, throughout the year, many of you write in complaining that there isn’t much to be thankful for in your community.  While you may be sincere in your belief you’re your community is worse than North Korea and that your association should be named after Alcatraz, I also believe that if given enough time to think about it and come up with an answer, you can come up with at least one thing to be thankful for about the community you live in.

So, in the spirit of the Thanksgiving holiday, I am politely asking you to dig down, way down.  Keep going.  A little more…….and find something to be thankful for in your community.  Perhaps you’re only thankful that someone other than yourself is crazy enough to serve on your Board.  Maybe you’re thankful for a wonderful neighbor you have.  Perhaps you’re thankful about the wonderful amenities your association has to offer, like the clubhouse and the swimming pool.  Maybe, just maybe you’re thankful for the good work your Board is doing.

Today, you must come up with something nice to say.  It’s easy to participate when the topic allows you to attack.  Today, I’m asking you to work harder and say a few nice words about your community, your neighbors or dare I say it…….your Board.

To all of our wonderful blog readers and your families, I wish you a happy and healthy Thanksgiving holiday.  Now….Be nice.

 

Glazer & Sachs, P.A.

Florida Homeowners’ Association and Condominium Law Attorneys

 

Thank you for your interest in Glazer and Sachs, P.A.  Our six attorney firm exclusively practices community association law.  Visit our website located at www.condo-laws.com and be sure to click on our “Legal Beat” newsletter where you can read our association law newsletters that we have been publishing for the past two decades.  While there, you can also learn more about the firm’s attorneys, see some of our TV appearances and read articles from around the country wherein attorneys at this firm have been asked to comment about association legal issues.

 

 

 

 

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5 Surprising Ways to Prolong Your Pond’s Retirement By SOLitude Lake Management

5 Surprising Ways to Prolong Your Pond’s Retirement By SOLitude Lake Management

  • Posted: Nov 19, 2020
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5 Surprising Ways to Prolong Your Pond’s Retirement

By SOLitude Lake Management, Nov 19, 2020

AS SEEN IN National Community Association Institute’s (CAI) publication, Common Ground

The very first fish I remember catching was a bullhead catfish. It was in a small pond in my grandparents’ HOA community that is still there today. Well, sort of. Though the pond had once been deep enough for fishing and stormwater collection, its depth is now best measured in inches rather than feet. The cattails that were once clustered near the outflow are now abundant throughout the pond. Today, the waterbody resembles the nearby wetland more than it does a pond. In the 55 years of its existence, no measures have ever been taken to mitigate against the natural process of succession.

Lake and pond succession is the natural lifecycle of any waterbody. The very tributaries that supply a waterbody with its water also carry sediment, which over time accumulates and decreases the water depth. Aquatic weeds and nuisance vegetation decompose and create additional organic sediment. And the shallower the pond becomes, the more vegetation it produces—accelerating the aging process.

Read more »

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Our team of licensed and insured contractors and engineers can assist you with making sure your building is ready for 40 Year inspections!

Our team of licensed and insured contractors and engineers can assist you with making sure your building is ready for 40 Year inspections!

  • Posted: Nov 17, 2020
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You may be asking yourself, why did I receive that letter?
When a building is over 40 years old, you are required to have a structural and electrical safety inspection every ten years after; for the possibilities of future building failures being minimal and to be prepared for hurricane-force winds.
Our team of licensed and insured contractors and engineers can assist you with making sure your building is ready for inspections by making sure your structure is safe.

Aruba Permit Services resolves code enforcement issues and permits, promptly and at reasonable price in both residential and commercial properties. Our company focuses on solving issues within the permitting process such as illegal work or reactivating expired permits. We are the leading professionals in the South Florida area including Broward County, Palm Beach County and Miami-Dade County.

Aruba Construction is the parent company of Aruba Permit Services, which is a licensed general contractor. We can perform all corrective work required to bring construction up to current Florida Building Codes. Our team takes pride in following through until the code violation case is closed and the building permits are up to date. With Aruba Permit Services you will have no doubt that we will make sure your property will be in compliance.

Aruba Services
Contact info: (954)-786-7292
Location: 1413 S. Powerline Road Pompano Beach, FL 33069
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Katzman Chandler: Two Great Webinars SCREENING POTENTIAL BUYERS AND RENTERS & Questions and Answers.

Katzman Chandler: Two Great Webinars SCREENING POTENTIAL BUYERS AND RENTERS & Questions and Answers.

  • Posted: Nov 16, 2020
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Katzman Chandler: Two Great Webinars SCREENING POTENTIAL BUYERS AND RENTERS & Questions and Answers.

SCREENING POTENTIAL BUYERS AND RENTERS

by: Katzman Chandler

Date: Wednesday, November 18, 2020
Time: 1:00 pm
Location: Online Event via, Zoom

Learn what you need to know about the screening and approval process in a Community Association, including Fair Housing issues, credit and background checks, estoppels, right of first refusal, and more!

 

Q & A SESSION FOR SCREENING POTENTIAL BUYERS AND RENTERS

by: Katzman Chandler

Date: Thursday, November 19, 2020
Time: 1:00 pm – 2:00 pm
Location: Online Event via, Zoom

You have questions, we have answers! Come join our Q & A Session to answer all your questions about Screening Buyers and Renters.

 

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Election Webinar: Condominiums, Homeowners’ Associations and Cooperatives by KBRLegal 

Election Webinar: Condominiums, Homeowners’ Associations and Cooperatives by KBRLegal 

  • Posted: Nov 16, 2020
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Elections: Condominiums, Homeowners’ Associations and Cooperatives

by KBRLegal 

Join attorney Allison L. Hertz for a one-hour webinar addressing election law and procedures for condominiums, cooperatives and homeowners associations, including, eligibility requirements and terms of directors, best practices for remote meetings, vacancies between elections, and election disputes.

Course # 9630571 | Provider # 0005095 | 1 CE in OPP or ELE
Instructor: Allison L. Hertz, Esq., B.C.S.

Nov 18, 2020 11:00 AM in Eastern Time (US and Canada)

Register Now

 

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How Do You Stop Pavers From Being Slippery by CoverTec Products

How Do You Stop Pavers From Being Slippery by CoverTec Products

  • Posted: Oct 27, 2020
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How Do You Stop Pavers From Being Slippery

Almost every day, I get this question from customers calling our office. Even though the customers’ environments vary, my responses are usually similar. My advice is usually something like this.

 

 

There are 3 methods you could use to stop pavers from being slippery.

  1.  First, you could clean the paver every time you notice anything on the surface that could be slippery – if you had that kind of free time.
  2.  Second, you could use a surface treatment that manages the causes of slippery conditions.
  3.  And third, you could use a sealer to increase the friction on the surface. All of these are useful solutions, and it all depends on your goal.

With the cleaning method, obviously you need to get the mold and mildew, food contaminants or water spills off the surface. This can be done by sweeping or mopping to minimize the “slippery when wet” conditions. However, this is not always possible. This is when you need to look at the second option of using surface treatments.

Applying treatments on the surface of the paver should change its characteristics to manage water and other slip-causing agents more effectively. The result being that when you walk or run on the surface – rather than aquaplaning – you have adequate traction to be safe.

The third option is to use sealers. And there are 2 basics types you need to be aware of:

  1. Topical sealers
  2. Penetrating sealers.

If you choose to work with a Topical sealer, use one that contains an anti-slip additive that increases the friction on the surface. This will make it much harder for you to slip when moving across the surface. Otherwise, you can use a Penetrating sealer that soaks into the pavers’ pores and does not leave the surface slick or in a slippery condition.

 

Is Paver Sealer Slippery?

Paver sealer products can be slippery if applied too thick, leaving behind a slick film on the surface. Avoid this situation by using thin mil sealers that penetrate deep into the surface and leave a very thin film on the surface.

You can also use additives in the sealer itself to increase the friction on the surface. Again, you can always use a penetrating sealer that will soak into the sub-surface, without leaving a slippery film behind.

We can scientifically measure how slippery a paver or tile surface isWatch this video to see how we do this on a customer’s pool deck pavers – before and after – they use our pro-grade products.

 

It’s all about finding the right anti-slip product for the floor surface you are walking on.

As always, if you have any questions about which product is the best for your unique situation, call us at: 754-253-3401

View our Membership Page on sfpma members directory

 

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Can Political Flags Be Flown? Q&A by DAVID G. MULLER / Becker

Can Political Flags Be Flown? Q&A by DAVID G. MULLER / Becker

  • Posted: Oct 22, 2020
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Can Political Flags Be Flown? Q&A

by DAVID G. MULLER / Becker

Q: I went on a walk in my community and saw at least 8 homes flying either Trump or Biden flags.  Is it legal to fly a political flag on a home located in a homeowners association? I.B.

A: Sections 720.304(2)(a) and 720.3075(3) of the Florida Homeowners Association Act specifically permit the flying of the US flag and other types of governmental flags, including flags of the various military branches.  These statutes do not address other types of flags, such as political flags.

The governing documents for some communities prohibit owners from flying non-exempt flags, such as political flags or flags with sports team logos.  There is an open and rather complicated legal issue as to whether it is an infringement of a homeowner’s First Amendment free speech rights to restrict political speech.

The First Amendment only applies by its terms to Congress, and, by virtue of the Fourteenth Amendment to the Constitution, to the states and their local governments. In legal jargon, “state action” is required before constitutional rights come into play.  There are several Florida cases which have held that a community association is not a state actor.

Your association’s attorney should be able to determine if these political flags are indeed regulated by the governing documents, and if so, guide you through the constitutional law analysis that is part of deciding your options.

 

Q: Your February 2020 column addresses the cap on transfer fees for condominium associations.  Is there a similar cap for homeowners associations? D.P.

A: No.  My February 2020 column referenced Section 718.112(2)(i) of the Florida Condominium Act, which states that no charge shall be made by a condominium association in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless the association is required to approve such transfer and unless a fee for such approval is provided for in the declaration, articles, or bylaws. Any such fee (in the condominium association context) may be preset but may not exceed $100 per applicant other than husband/wife or parent/dependent child, who are considered one applicant.  There is no similar provision found in Chapter 720 of the Florida Statutes, the Florida Homeowners Association Act.

 

Q: I am considering purchasing a home in a community with a homeowners association, but I have been told that there is a “capital contribution” fee of $1,500 charged to all purchasers.  Is such a fee legal? T.F.

A: Sometimes referred to as a “flip tax”, these charges are not uncommon in the homeowner association context. There is neither authority for nor prohibition on this type of fee in the law applicable to homeowners’ associations (the condominium law does address this issue).  If the authority to charge the capital contribution fee is contained in the appropriate governing documents, the prevailing view in the legal community is that such charges are legally valid.

 

 

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The City of Surfside wanted to revive the look of their Municipal Building. by Chucks Painting

The City of Surfside wanted to revive the look of their Municipal Building. by Chucks Painting

The City of Surfside wanted to revive the look of their Municipal Building.

by Chucks Painting

Hollywood, FL 33020   Phone: 954-923-8409

This building is the Headquarters for the Town of Surfside Police Department. With our commercial painting services, we added a fresh coat of paint and with the bold blue accents this building is now a staple for the City of Surfside.

 

SERVICE AND QUALITY FROM FLORIDA’S TOP PAINTING CONTRACTOR

Military Discount! – Any veteran or active-duty member of the U.S. armed forces is eligible for a discount on our home and commercial painting services!

Since 1979, the professional painters at Chuck’s Painting, Inc. have provided quality interior and exterior painting services to the Broward and Dade County area. At Chuck’s Painting we complete both residential and commercial paint applications. We are your Miami Painting Contractor.

From private residences to large commercial structures, our professional painters have the skills needed to get the job done. We specialize in townhouse communities, condominium communities, commercial buildings, shopping plazas, and business parks.

 

Residential Painters

From traditional painting projects to intricate, high-end residential paint finishes, our paint professionals are ready to work on your next residential painting project. Unlock your home’s potential with a fresh coat of paint, stunning contrast walls, or highly detailed faux finishes. Schedule a consultation with our expert paint and designers today

Commercial Painter Pros

Take the hassle out of your commercial property’s paint maintenance by using the professionals at Chuck’s Painting. Our dedicated painting crews can handle your paint maintenance and new paint projects efficiently. We work with you to ensure that your painting tasks are completed while disrupting your work and your clients as little as possible.

 

Recognized Paint Specialists in the Dade/Broward Area

After over three decades of painting, we’ve had some great reviews. In 2011, Chuck’s Painting was featured in Painting Contractor Magazine for our excellent interior and exterior painting of the Miami Beach Convention Center. With the building stretching over 1,350,000 square feet and with archtectural accents reaching nine stories high, we had our work cut out for us. But, no matter how large or small the project is, we are dedicated to superior service. All of our clients are treated with the same level of service and quality.

 

 

 

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