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BuildingLink – Case Study – Opening Common Areas in a Pandemic

BuildingLink – Case Study – Opening Common Areas in a Pandemic

  • Posted: Oct 01, 2020
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BuildingLink – Case Study – Opening Common Areas in a Pandemic

Re-opening Common Areas in a Pandemic

“Avery and the entire BuildingLink Team were incredibly helpful as we began to set up our processes and procedures for the reopening of our amenities. They worked diligently and quickly with all of our Property Managers – across our entire portfolio – to ensure that our reopening was successful and safe.”

      – Brian Dashnaw | GDC Director of Property Management

The Issues:

Brian Dashnaw, Director of Property Management at Ginsberg Development Company, reached out to BuildingLink on behalf of his 12-property portfolio. After months of full closure of all the common spaces, such as pools, fitness centers, and community rooms, there was an urgent need to begin shaping some sort of plan for the safe reopening of these facilities – a plan that was compliant with all the local regulations and pandemic best-practices for social-distancing.

A list of requirements was compiled, which included (a) gathering the necessary attestations of health from residents looking to use the facilities, (b) limiting the maximum number of residents using a space at a given time, and (c) distributing access to limited resources equally and fairly across all residents.

The Solution:

The BuildingLink Support Team crafted customized suggestions and implementations to meet GDC’s goals of a smooth and controlled reopening, which included implementing some of these useful platform features:

·                     Rolling out a slotted, limited-quantity reservation structure for previously “Come one, come all” spaces, like pools and fitness centers.

·                     Implementing mandatory liability waiver consents regarding compliance with health regulations, for all residents placing reservations.

·                     Tweaking the rules regarding advance reservations, to guarantee that new reservations slots opened up each day.

The GDC portfolio also includes special situations where pools and other amenities are shared across multiple properties. BuildingLink’s “Shared Amenities” functionality allowed for these new rules to be applied seamlessly across all buildings and all residents seeking to access these common spaces.

Service Uninterrupted:

Introducing these and other changes helped GDC smoothly reopen their facilities. Similar “reopening adjustments” were undertaken with many of our 5,000+ properties and property managers.

Please contact BuildingLink at sales@buildinglink.com.

Thank you,
Richard Worth
Regional Sales Director – Florida
407-529-6063
Richard@BuildingLink.com

 

BuildingLink is currently used in over 5,000 properties in the U.S. and worldwide, offering efficient management, seamless communication, and an enhanced living experience for residents.

 

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I Have A Roof Claim But I’m Worried About The Attorneys Cost

I Have A Roof Claim But I’m Worried About The Attorneys Cost

I Have A Roof Claim But I’m Worried About The Attorneys Cost

by Cohen Law Group / Kailey Evans

A windstorm, hailstorm, or hurricane happens and you are worried about your roof.  You talk to a roofing contractor and they tell you that you have damage on your roof following the storm. You have been paying insurance premiums for years and decide you are going to file a claim. You file the claim and someone suggests (or you decide) that hiring a lawyer is a good idea. You start thinking “I want to hire a lawyer, but how much will it cost? What if I hire a lawyer and the insurance company does not ultimately pay my claim? Will I have to pay the fees for the insurance company’s lawyers?”

 

At Cohen Law Group, we want our clients to know up front and right away what their financial responsibility will be in a property damage case.  We understand that our clients already have the stress of trying to get repairs/replacements done at their home and we do not want financial worries to add anything else to their plate. So, we make sure that we address all personal financial obligations with our clients at the beginning of the case and during the case if the possibility of additional financial obligations arise.


Providing Statewide Professionals to Handle All Condo and HOA’s Storm Damage Claims for Florida Properties!

These Trusted Legal Firms, Public Adjusters, Roofing & Service Companies that work with You to Settle Storm Damage Claims!

CondoHoaAdjusters.com

 


I want to hire an attorney at Cohen Law Group, but how much will it cost?

At Cohen Law Group, we work on a contingency basis.  In the simplest terms, that means that we do not collect fees if you (our client) do not recover insurance benefits. It is a no-risk relationship in the sense that we front the cost of preparing your claim, instead of billing you for the costs, and collect the costs from the insurance benefits at the end of the claim. Therefore, as long as you proceed with your claim, you will not be obligated to pay out of pocket for any of the attorney’s fees or costs.

 

What if I hire a Cohen Law Group attorney and the insurance company does not ultimately pay my claim?

At Cohen Law Group, if we work on your claim and are ultimately unsuccessful in obtaining any insurance benefits for you, you are not responsible for our fees or costs. Again, because of the contingency basis that we work on for our clients, we do not collect fees or costs unless we recover insurance benefits on our client’s behalf.

 

Will I have to pay for the insurance company’s lawyers if my case goes into litigation?

A question we are often asked is whether or not our clients will be responsible for the insurance company’s attorneys once the case goes into litigation.  The answer is, it depends.  In most cases and based on Florida law, the insurance company is typically responsible for paying the homeowner’s attorney’s fees.  However, once a case is in litigation, there are certain situations where the insurance company’s attorneys can file something that opens our clients up to potential financial exposure (including paying the insurance company’s fees and costs).

 

One particular scenario is called a Proposal for Settlement.  After a case is in litigation, either side can file a Proposal for Settlement, which is a court document making a formal offer to the other party. If the insurance company files a Proposal for Settlement and a homeowner rejects the proposal, there is a possibility that the homeowner could be responsible for the insurance company’s attorney’s fees and costs of litigation.  The specifics of the law are best left for another blog post (so be sure to keep checking back in to get more information – or call us to discuss further).  However, whenever a Proposal for Settlement is filed by an insurance company in one of our cases, all of the attorneys at Cohen Law Group are excellent at reaching out to their clients and explaining the potential consequences of rejecting the proposal (including financial obligations) to their clients.  We want to make sure that before our clients incur additional financial expenses, they are fully informed and prepared for the possibility.

Kailey Evans, esq.

 

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Lake Management and Hurricane Season by Allstate Lake Management

Lake Management and Hurricane Season by Allstate Lake Management

Lake Management and Hurricane Season

by Allstate Lake Management

Many South Florida homeowners are not aware of the critical role their community lakes play in managing stormwater and mitigating local area flooding.  With the start of this year’s hurricane season around the corner, now is the time to make sure that our lakes and waterways are ready to deal with whatever nature throws at us.  The problem of flooding is a real issue here because our homes are built on relatively flat, low-lying ground.  The thin layer of soil under our feet can become saturated quickly, and sits on a cap of coral rock that only allows for a slow flow of water down to the aquifers below.  This, combined with the possibility of large amounts of precipitation in short periods of time creates conditions for major flooding in our urban areas.  When developers create residential communities and commercial areas, they need to take into account how much water needs to be stored or moved in order to prevent the project from flooding during major rain events.  Through careful planning and design, they route stormwater away from our homes and into a system of lakes and canals.  The size and number of lakes in our communities are a result of those calculations.  Lakes are dug to create a storage area for water runoff from storms.  The fill dug from the lakes is then used to raise the elevation of the homes around them.  Using a system of drains and pipes the water is directed from the

developed areas down into the lakes.  Some community lakes use weirs or culverts to connect   them to the municipal canal system.  This allows them to move excess water off the property once they reach a certain level. The system works well but requires regular maintenance in      order to ensure that it works properly when needed.  Scheduled inspections of storm drains and weirs is important to keep the water moving off our streets and properties efficiently.  These structures accumulate silt and debris, and will occasionally need to be cleaned out.  The lakes

themselves also need to be regularly inspected and maintained

 

Even though they are primarily man-made storm water basins, they do evolve and become living ecosystems like naturally occurring waterbodies.  Aquatic vegetation begins to grow in all lakes eventually, and much like our lawns, require regular attention in order to avoid become overgrown.  Exotic species such as hydrilla, hygrophila, and rotala grow quickly and can spread throughout acres of lake in a matter of months or less.  Such infestations are not only unsightly, but all those weeds are filling up the lake and taking up space meant to hold stormwater runoff.  Floating weeds such as water lettuce and water hyacinth can rapidly cover a lake surface, clogging and even damaging weirs and other outflows.  Excessive growth of vegetation near culverts and drain pipes can slow the flow of stormwater both into and out of the lake, causing backups of the system.  The longer these plants are left to grow unmanaged, the harder the problem is to get under control and the longer it will take.  Large scale infestations need to be treated in stages with regulated wait times between treatments.  This is done in order to not deplete the dissolved oxygen in the whole lake.  The other problem with established infestations is that the plants have had time to mature and grow extensive roots systems.   These root systems allow the plants to re-grow quickly after initial treatments and quite frequently require multiple follow up treatments to bring under control.  Even once treated, the herbicides take time to work and the plants take time to decompose and settle to the bottom.  Unfortunately, tropical storm events do not wait until conditions are best suited to deal with the results.  The best way to make sure your community is protected is to be proactive and maintain your system regularly.  Regular scheduled maintenance ensures that aquatic vegetation is kept at levels that don’t compromise your stormwater system and can potentially avoid costly repairs to its components.  Hurricane season corresponds with the time of year when these plants grow and spread the fastest due to the long, sunny days.  We have learned that being prepared for hurricane season means taking precautions before the storm arrives.  That wisdom should also definitely apply to our first line of defense against flood damage in our communities.

 

Author:  Stephen Montgomery / Senior Biologist

Allstate Resource Management

Allstate Resource Management has over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management. Our services include lake managementwetland managementstormwater drain cleaning and maintenance, erosion controlfish stockingnative plantingsdebris removalwater qualityaquatic pest control, and upland management. All of our technicians are thoroughly trained and certified in order to meet the strict standards imposed by governmental agencies. This ensures that your property will be treated by only the most competent individuals who are proud of the services we render.

In addition to providing a healthy habitat, we specialize in the installation and maintenance of beautiful color lit fountains, bringing beauty and enjoyment to any lake or pond.

We also offer support services for property managers and HOA’s including educational presentations and CEU programs. Our approved courses offer continuing education credit to CAMs.

 

 

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You have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.

You have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.

If you have not properly addressed possible Hurricane Irma damage to your property – the time to do so is now.
Hurricane Irma first made landfall in Cudjoe Key, FL on September 10, 2017, which means you have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.
September 10, 2020 is also the deadline to re-open or supplement a claim that has already been made for damages that occurred as a result of Hurricane Irma.
If you are unsure if your property sustained damage as a result of Hurricane Irma you should ask for an inspection by a qualified contractor, estimator or building inspector to assess whether hurricane-force winds damaged or compromised the roofing system and building envelope. Many companies offer this initial inspection free of charge. Given the complexities of a large loss claim, consider consulting with an attorney experienced in handling commercial insurance claims for condominiums and homeowners associations.
The deadline is fast approaching, so time is of the essence to file your hurricane claim. If you miss the deadline, you will be forever barred from initiating a hurricane Irma claim in the future.
We are available to assist you and connect you with top professionals in the industry to accurately evaluate hurricane damage and submit an insurance claim the right way – today.
At Cohen Law Group, It’s About Justice!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.

(407) 478-4878

 

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Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer by Alexa

Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer by Alexa

  • Posted: Aug 27, 2020
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Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer

by Alexa Mitch Drimmer

We need to work with families in a kinder more gentle way to keep them in their homes and at the same time protect our communities.

Contact Axela Technologies for a free collections analysis Learn more at https://www.axela-tech.com

Watch the Short Video!

Community associations are facing a crisis. High delinquencies and increased costs lead to unstable cash flows for condos and HOAs across America. Axela Technologies offers a solution that will help safeguard your community’s cash flow.

Learn more at https://www.axela-tech.com

 

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Legal Update 2020 Summary: Florida Legislature passing several community association related bills this Season  By: Shayla Johnson Mount / Becker

Legal Update 2020 Summary: Florida Legislature passing several community association related bills this Season  By: Shayla Johnson Mount / Becker

  • Posted: Aug 18, 2020
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Legal Update 2020 Summary:  Florida Legislature passing several community association related bills this Season

By: Shayla Johnson Mount / Becker

The Florida Legislature was especially busy this past session filing, debating, and ultimately passing several community association related bills. Below is an outline of those bills and the potential impact on your community association this year.

 

  1. Emotional Support Animals – Chapter 2020-76 (Senate Bill 1084) – This long championed and highly anticipated bill managed to make it to the finish line this year to become law on July 1, 2020. This law amends portions of the Florida Fair Housing Act (Chapter 760.20, F.S.) to officially define an “emotional support animal” (“ESA”) and prohibit discrimination in housing against individuals with a disability-related need for an ESA. More specifically, the new law requires a housing provider (which for purposes of the law includes a community association) to make “reasonable accommodations” to allow for the individual’s ESA at no additional cost under certain circumstances. If the person’s disability is not readily apparent, the association can request additional supporting documentation from the person’s health care provider or other proof of disability (i.e.: proof of receipt of federal or state disability benefits). However, an association cannot inquire as to the person’s specific disability.  The new law also makes the individual directly responsible for any personal or property damage the ESA causes and also makes it a second-degree misdemeanor to falsify or misrepresent information or documentation concerning an individual’s need for an ESA.

 

  1. FireworksChapter 2020-11 (Senate Bill 140) – The new law prohibits a homeowners association from passing a board-rule banning the use of fireworks on certain “designated holidays,” including New Year’s Eve, New Year’s Day, and Independence Day. This law does not specifically apply to condominium associations and a homeowners association is still able to amend its Declaration to regulate or limit the use of fireworks within the community.

 

  1. Law Enforcement Vehicles 2020-5 (Senate Bill 476) – One of the first bills passed and approved by Governor DeSantis this session, is a law that prohibits a condominium, cooperative or homeowners association from prohibiting a law enforcement officer from parking his or her assigned vehicle in an area where the individual would otherwise have the right to park.

 

  1. State Reporting for 55+ Communities – Chapter 2020-153 (Senate Bill 255) – This law removes the requirement that 55+ communities must initially register, and biannually report its compliance status, to the Florida Commission on Human Relations. This bill does not eliminate the need for these communities to comply with federal reporting requirements.

 

  1. Housing Discrimination – Senate Bill 374 – This bill passed the House and Senate but, at the time of this writing, is still pending action by the Governor. If it becomes law, this bill will amend the Marketable Record Title Act  (Chapter 712, F.S.), to automatically extinguish and make void as a matter of law any “discriminatory restriction” on the basis of race, color, national origin, religion, gender or physical disability which are contained in an Association’s recorded governing documents.  The law would allow the board by majority vote to amend its governing documents to remove any such restrictions.

 

  1. Lease Requirements – Chapter 2020-102 (Senate Bill 469) – This law removes the requirement that a lease agreement must be signed by a subscribing witness.

 

  1. Florida Guaranty Insurance ClaimsChapter 2020-155 (House Bill 529) – This bill increases the amount of insurance available through the Florida Guaranty Insurance Fund from $100,000 to $200,000 for each condominium or HOA claim, where the association has the responsibility to insure residential units.

 

  1. Rental Agreements – Chapter 2020-99 (Senate Bill 1362) – Also known as the “Protecting Tenant at Foreclosure Act,” this law requires a party or entity who obtains a property at foreclosure that is subject to a pending lease agreement to provide to the tenant a 90-day notice to vacate.

 

Thankfully, Senate Bills 295 and 1488 did not pass, both of which would have significantly revised and limited the ability of a condo or homeowners association to bring construction defect claims against developers and builders on behalf of its members.  This year, the legislature revisited the controversial issue of regulating short term vacation rental (i.e.: Airbnb) through consideration of Senate Bill 1128 and House Bill 1011.  These bills would have prohibited cities and counties from passing ordinances regulating or limiting an owner’s ability to use their home or unit as a short-term vacation rental. Although neither bill specifically addressed an association’s ability to pass rules or regulations regarding short-term rentals, it is likely that this issue will return next year for further debate before the Legislature.  Prior to next year’s session, associations that are concerned with short-term rentals in their community should seriously consider amending their governing documents now as future versions of this bill may propose to limit an associations ability to regulate short-term rentals as well.


Shayla J. Mount is an Associate Attorney in Becker’s Community Association Practice Group. She focuses her practice on providing counsel and representation to homeowner and condominium associations throughout Central Florida. An experienced litigator,

she has handled collections litigation and served as general legal counsel for numerous homeowner and condominium association boards throughout Orange, Osceola, Seminole, Duval, and Sarasota Counties. Shayla regularly advises association boards on issues regarding vendor contracts and disputes, document amendments, and covenant enforcement issues.

She also has substantial experience handling a variety of civil litigation issues including small business and contracting actions, foreclosure defense, real estate transactions, and insurance disputes.

 

 

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Property Management in a Post-Pandemic Era By Concierge Plus 

Property Management in a Post-Pandemic Era By Concierge Plus 

Property Management in a Post-Pandemic Era

By 

Maintaining a positive resident experience throughout the pandemic and post-pandemic will require help from technology made specifically for property management.

The coronavirus pandemic has disrupted the day-to-day operations of our industry across North America, forcing us to dramatically alter our working methods and approach. Property managers have had to adapt and respond quickly to unprecedented operational challenges that make managing communities on-site impractical in a post-COVID-19 environment.

Many industry leaders expect their workforce to become permanent work-from-home employees after the pandemic ends, leaving no choice but to adopt tech or risk permanent closure.

Resident experience management software can help, but choosing the right solution requires a 5 step process and understanding of how technology is changing.

 

Step 1: Map out the tasks that your association performs

The first step is to map out the tasks that your staff need to do. It can be challenging to figure out what tasks even need to be mapped out. Tasks carried out by staff differ from association to association. From handling packages and screening visitors to dealing with service requests and processing amenity bookings. For each one of these tasks you must find a process that is efficient and works well not only for your team but also for the residents to alleviate frustration.

Question: Who can help you map these tasks out?

Answer: You can engage your property management team, a committee, or board members to help you understand what tasks need to be optimized.

 

Step 2: Establish optimal processes for each of those tasks

The next step is to come up with the processes needed to handle each of the tasks. In the past this was cost-prohibitive. Only large associations or those with big budgets could afford to do something like this.

Question: Where do you start optimizing each task?

Answer: Begin by understanding what parts of the task are most time consuming or frustrating to residents. For example: if residents can’t access the availability of your amenities from wherever they are, at any time, they are more likely to be frustrated and less likely to make a booking. This will result in lost revenue for the association.

You need to work with someone who has done this before and has been successful at creating efficiencies within associations. This is the only way you will come up with an optimal process. There are consultants you can hire that offer services to associations along these lines.

 

Step 3: Train your team on the new processes

The next step is to train the management team and all your staff. Training videos are extremely effective at explaining processes to team members and will save managers significant time.

Question: Who will train your team and ensure they are following the established processes?

Answer: Videos and online tutorials will help familiarize existing team members with the new process. This same content will be shown to new team members to facilitate their training and ensure everyone gets the same information. Making sure that every team member is following each established process is critical to ensure a consistent experience for residents and that no details are lost.

 

Step 4: Educate your residents on the new processes

Next, you need to educate residents on the available tools and how to use them. Using a platform to house community content allows property managers to communicate more effectively with residents.

Question: Who will explain this to your residents?

Answer: Residents are already busy with their everyday lives. They need to have a quick understanding of where to go and what to do to accomplish these interactions. A single, easy-to-use, intuitive platform will help ensure that all residents know what to do.

 

Step 5: Use technology to execute those tasks daily

Finally, you and your team need to execute the tasks.

Technology has developed significantly in the past five years and has become a huge time saver for property managers.

Question: What type(s) of technology do you need for these tasks, and what is currently out there?

Answer: Here are some suggestions for technology you will need to acquire to accomplish this. You will need to organize your resident information with a spreadsheet (Microsoft Office 365 and/or Google Sheets). You can create another sheet to record packages and deliveries, and their pick-up/drop-off information. You’ll need to be able to reach residents by email with important announcements using Constant Contact, MailChimp, or a similar platform. Service requests will require you to use an online form from Survey Monkey. You can create an additional form on Survey Monkey for each amenity you want to be able to have residents book online. Amenities will also need a shared calendar: a Gmail account will allow you to do that.

We don’t recommend the above as your association needs to leverage technology to save time, money, and be more modern. Reducing the number of manual interactions your team must do daily will enable them to save hundreds of hours each month.

 

Why invest in a resident experience management platform?

Temporary closures are on the rise because of the lack of communication with residents and staff. While Microsoft Office 365, and MailChimp are popular solutions you might think to try, they aren’t built for the needs and challenges of property management.

We recommend using a resident experience management platform that is designed and built from the ground up, specifically for managers and residents, with the needs of property management industry in mind.

The benefits of such a platform are many:

  • You can manage your building from any device, whether it’s a desktop or laptop, tablet, or mobile phone. Residents can log in from wherever they are and communicate with other residents and/or the property manager.
  • It is scalable for portfolio expansion and has enterprise-level flexibility and reliability.
  • It houses all front-office and back-office data in a single, connected system.
  • Many residential property managers report reduced cycle times and lower costs of ownership along with fewer errors and inefficiencies that are common with separate systems mentioned above.
  • It can accommodate multiple property types (HOAs and Condominiums).
  • It can easily accommodate language translation and other elements of multinational portfolio management.
  • It integrates with third-party tools such as packing tracking software, allowing for smooth parcel management.

 

Concierge Plus to the rescue

Unfortunately, most managers are struggling with delivering great resident experiences as they don’t have a proper platform designed to fulfill their needs. What they have is either a static website or multiple tools that aren’t suited for managing a community, but as we are entering a post-pandemic environment with social distancing taking off, they need a resident experience management platform designed for managing modern HOAs and Condominiums.

Our best-in-class resident management platform is designed to make life easier for Front Desk and Building Staff, Residents, and Property Managers. Our web-based, modular solution is fully scalable and customized to meet the needs of any sized community. It also saves time and money while delivering better customer service to residents and board members.

 

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New Updated Page: EDUCATIONAL COURSES OFFERED

New Updated Page: EDUCATIONAL COURSES OFFERED

EDUCATIONAL COURSES OFFERED

Board members are looking for classes! While many are home from the Covid-19 lockdown and some are scared to go out!

 


SFPMA needs to address to our members: We have held the Aug Edition for a few days before we publish the Magazine! We publish this on the end of the FIRST WEEK OF EACH MONTH!  This was due to members that are either working from home? or communication with their Teams to get the updates to us in a timely fashion?  

From this date on, any member that is late with sending New updates or Articles to us by the second week of each month so we can publish this and set these on our magazine pages will not have their Articles published in that month. We have Members who we are apologizing to, everyone has their own deadlines that are timed with their in house promotions some rely on their Articles being in the magazine and use this along with their promotions.

We are sorry, We are still waiting for one article and Full Page Ad- that was sent in error and we were asked to hold off as of Tuesday the 10th, this company has the new information and pages along with their AD they are sending to us on Friday! We will quickly upload and publish the magazine over this weekend.  ~Florida Rising Magazine


 

screen capture searches this week sfpma

With close too> 800 Searches on our top pages the internet is bringing searchers and clients to the SFPMA Website weekly!.  Many of these searches are for Board Member Certification Courses.  SFPMA has dedicated and updated a new page where we have listed the Company Members that provide these to Board Members.  Today I received a call from a client that was searching, I was informed there is so much great information on our website BUT….. She could not find the information for Board Courses?  Well 2 days ago, I sat down with my IT Dept, We did see the Calendar, The List and where anyone can search for the information. but for any person that is looking ONLY for a list of Board Classes it could be confusing! ~Frank J Mari / Executive Director

We took the time to find on our members websites the Exact Pages and dedicate this information to a page on our website Exclusively for this! Making Searches Simple and Easy for anyone looking to be Board Certified to Find and Use the Many Members that Provide these Courses, either online or in a classroom and New Webinars and Video Certification

Take a look at the simplified Page:  for Educational Courses Offered (on our website) – Then click the new page linked to Condo Board and HOA Board Member Courses!  (here is the direct link)

 

 

If your Company website needs to be updated please take the time to update your Board Member Courses that correspond to the pages we are linking to!  Thank You SFPMA

 

Stats for Aug 13, 2020 from SFPMA / WordPress

Governing Document Amendments In Light Of COVID-19 by Rembaum’s Association Roundup

Governing Document Amendments In Light Of COVID-19 by Rembaum’s Association Roundup

Governing Document Amendments In Light Of COVID-19

Rembaum’s Association Roundup presented by KBRLegal.com

As a result of the unexpected COVID-19 crisis and its ramifications on Florida’s community associations, there are lessons that can be learned. Early on, an unexpected issue many community associations faced was whether the board could rely on the emergency powers set out in the Florida Statutes to help protect both residents and property alike during this time of uncertainty (the “emergency power legislation”). The Condominium, Cooperative, and Homeowners’ Association Acts each provide that the board of directors is granted certain emergency powers in response to damage caused by an event for which a state of emergency is declared by the Governor. While local governments at the city and county level may similarly declare a state of emergency, the emergency powers only spring into existence upon the Governor’s issuance of an executive order declaring a state of emergency in response damage caused by event.

These emergency powers include, just to name a few, the ability to cancel and reschedule meetings, conduct such meetings with as much notice as may be practicable, levy assessments, restrict access to the property and so much more.  More specifically, Sections 718.1265 as to condominiums, 719.128 as to cooperatives, and 720.316 as to homeowners’ associations, Florida Statutes, each provide enumerated emergency  powers available to the board of directors that may be exercised “in response to damage caused by an event for which a state of emergency is declared…”. However, in light of COVID-19 pandemic the interpretation of the phrase “in response to damage caused by an event” created questions and confusion to both laymen and lawyers alike.

At issue was whether the emergency power legislation only applies to situations where there is actual property damage and/or as a result of a hurricane damage. Even if not necessarily intended for COVID-19 type situations,  to many lawyers, including this author, there was no question that the emergency powers could be utilized by board members of Florida’s community associations in response to the instant pandemic. Nevertheless, others questioned whether the emergency power legislation should apply since it was initially drafted in response to hurricane type events, and not a medical event such as the COVID-19 pandemic.

By way of background, the emergency power legislation was drafted in response to the series of hurricanes that hit Florida in 2004, however, it took the Florida Legislature approximately four years to pass them into law. A plain reading of the emergency power legislation even demonstrates that these statutes were drafted with hurricane type damage in mind, and not other disasters, such as global pandemics. But, that does not mean they cannot be applied to other situations.  In fact,  on March 27, 2020, the Florida Department of Business and Professional Regulation Division of Condominiums, Timeshares and Mobile Homes (the “Division”) issued an unexpected order that provided that the phrase “response to damage caused by an event” should not be considered when reading the emergency powers legislation. Then on May 20, 2020, the Division entered a second order explaining that its prior order would expire on June 1, 2020 which is slightly more than a month before the Governor’s state of emergency is set to expire on July 7, 2020. Without regard to whether the Division had the necessary authority to issue such orders in the first place, the result of its second order has attorneys asking, once again, does the emergency power legislation apply? While a great many lawyers experienced in the body of community association law believe so, that does not mean that a court would agree upon legal challenge. Candidly, it would be surprising if the court did not agree, but one never knows with certainty how a court will ultimately rule, most especially on issues of first impression, for which this certainly qualifies.

There is already legislative chatter about the need to revise the emergency power legislation to make it more adaptable to the different types of disasters that can occur. But, community association boards should be able to rely, right now, on the emergency powers in any situation where the Governor has declared a state of emergency where health of the members can be at issue. Even if the Florida legislature does amend the emergency powers to make it patently clear that the board may exercise its statutory  emergency powers during a declared state of emergency for a pandemic, such an amendment will take time and that could mean anything but a fast fix. So, what is an association to do to prepare for the next unanticipated state of emergency?

Well, at least in this instance it is quite likely that your association can act much more quickly to amend the community’s declaration or bylaws, than the Florida legislature can to amend the Florida Statutes.  With that in mind, the board can sponsor and the association membership can adopt an amendment to the declaration or bylaws that clarifies that the emergency powers set out in the Florida Statutes (with specific reference) apply to all states of emergency declared by the Governor to the extent the safety and welfare of the members and/or the property is at issue. In addition, or as an alternative, specific emergency powers can be drafted in the declaration or bylaws, too.

 

 

A few suggestions for consideration include:

  • During any emergency the Board may hold meetings with notice given only to those Directors with whom it is practicable to communicate, and the notice may be given in any practicable manner.  The Director, or Directors, in attendance at such a meeting shall constitute a quorum.
  • The Board may cancel, reschedule and/or postpone Board and member meetings, including the annual meeting, if necessary to protect the health and welfare of the members.
  • Corporate action taken in good faith during an emergency under this section to further the ordinary affairs of the association shall bind the Association; and shall have the rebuttable presumption of being reasonable and necessary.
  • The Board may use reserve funds to meet Association needs and may use reserve funds as collateral for Association loans.  The Board may adopt emergency assessments with such notice deemed practicable by the Board.
  • The Board may adopt emergency Rules and Regulations governing the use and occupancy of the Units, Common Elements, Limited Common Elements, and Association Property, with notice given only to those Directors with whom it is practicable to communicate.
  • Any Officer, Director, or employee of the Association acting with a reasonable belief that his actions are lawful in accordance with these emergency Bylaws shall incur no liability for doing so, except in the case of willful misconduct.
  • The Board shall act to keep all members informed of all Board actions taken pursuant to these emergency powers by U.S. Mail, closed circuit tv, social media, or email, etc. as may be practicable under the circumstances.

If your association is interested in adopting such an amendment to your association’s governing documents, please be certain to seek out competent legal counsel that has the requisite expertise in the area of community association law.

 

Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, 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.

 

 

 

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Did You Miss Out? Watch Our Nanobubbles vs. Aeration Webinar Today! by SOLitude

Did You Miss Out? Watch Our Nanobubbles vs. Aeration Webinar Today! by SOLitude

Did You Miss Out? Watch Our Nanobubbles vs. Aeration Webinar Today!

 

 

You’ve probably heard about nanobubblessubmersed aeration and floating fountains, but do you know the difference? Our recent live webinar “Discover the Difference: Nanobubbles vs. Aeration” was a huge success, and we received a ton of positive feedback from attendees. As a thank you to all of our loyal clients and followers, we’re sharing an exclusive free recording of the webinar (no download needed)!

 

Watch our experts as they discuss the science behind nanobubble technology and lake & pond aeration. These technologies are proven to help improve water quality and dissolved oxygen levels. Learn how each solution can help improve the health and beauty of your aquatic ecosystem, and discover which are best-suited for your waterbody. Be sure to watch until the end to hear answers to the top frequently asked questions!

 

 

 

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Aruba Permit Services specializes in helping Building Owners with 40-year inspections.

Aruba Permit Services specializes in helping Building Owners with 40-year inspections.

Aruba Permit Services specializes in helping Building Owners with 40-year inspections.

 

The 40-year Building Safety Inspection Program was created in 2005 and has become effective throughout Broward and Miami-Dade Counties since January 2006. 

Aruba Permit Services specializes in helping Building Owners with 40-year inspections. We are partners with Aruba Construction who has been a Certified General Contractor since 1990 and has qualified Engineers available to handle inspections of any size building.

 

Building owners and property managers should consult with our structural engineers to have a proper inspection completed as their building nears 40 years of age.

Visit our Website

 

 

These inspections are for the conditions of the building that include:

·         Masonry Walls (concrete condition, exposed rebar, spalling)

·         Floors and Roof Systems (drains, scuppers, supports for A/C)

·         Steel Framing (corrosion, fireproofing)

·         Concrete Framing (cracks, exposed rebar)

·         Windows (general condition, seals, anchorage)

·         Wood Framing (connector condition, rotting, bearing deficiencies)

·         Exterior Finishes (stucco, soffit, veneer deficiencies)

·         Electrical (panels, wiring, breakers)

 

 

 

After inspections are completed, the Engineer supplies a formal inspection package to the City or the County as required by the Board of Rules and Appeals. These inspections are required 40 years after the building has been built, and every 10 years thereafter.

If deficiencies are found in the building, Aruba has the knowledge and the manpower to handle any repair. Permits will be pulled for the repairs. All work will be followed up by the engineer to assure compliance. Aruba Permit Services is licensed and insured. 

 

Aruba Permit Services is here for you:

Phone: (954) 786-7292
Email: 
info@aruba-services.com
Address: 1413 S. Powerline Road, Pompano Beach, FL 33069

Contact us Today for a Free Quote!

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