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ALERT: “Managing Your Residential Community & Common Housing Under the Threat of Covid-19”

ALERT: “Managing Your Residential Community & Common Housing Under the Threat of Covid-19”

  • Posted: Mar 05, 2020
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Managing Your Residential Community & Common Housing Under the Threat of Covid-19

by Donna DiMaggio Berger, Esq., Becker & Poliakoff

Managers are on the front lines of many challenging issues for private residential communities but managing a pandemic is uncharted territory for most. With the number of cases of Covid-19 increasing in Florida and the fact that Governor DeSantis has declared a State of Emergency, proactive community association management professionals are thinking about how this virus might impact their residential communities and what can be done to blunt the impact.

 

There is an increased risk of contracting Covid-19 for health care workers, individuals with respiratory and other underlying health issues, as well as the elderly.  Given the demographics in many shared ownership communities and particularly in “55 and Over” communities, managers should be prepared to contend with a fair amount of fear and confusion about the proper policies and protocols to follow to safeguard the community.

One of the first directives from a board may be to seal off the community as much as possible from outside exposure. The board may wish to limit guests, nonessential contractors and may even inquire as to whether or not residents who have traveled to high risk areas (China, South Korea, Iran or Italy) may be prevented from returning to the community.

Your first course of action is to calm some of the hysteria. If you think a directive sounds implausible, illegal or inadvisable, insist on contacting association counsel for a legal opinion regarding the proposed policy.

Overly restrictive protocol that unnecessarily impacts your residents’ freedoms and quality of life is not likely to withstand a potential legal challenge and also creates unnecessary strain in your community.  Prohibiting owners from having guests or undertaking renovation projects is not warranted at this time.

You can suggest that your members voluntarily reduce the number of guests they invite into the community but prohibiting guests altogether is not a viable option.  However, if your community’s governing documents prohibit short term rentals and you are aware that some owners are violating these restrictions under the guise of having non-paying guests when they are really renting out their units on platforms like Airbnb then working with counsel to curb this activity should be a priority. Limiting the amount of transient residents can reduce exposure.

It is also important to remember that not every private residential community will be impacted in the same way by the spread of Covid-19. In multifamily buildings where residents encounter each other frequently in the elevators, corridors and other common areas, the need to address preventative measures is much more pressing than in an HOA with single family homes and no enclosed common areas.

Draconian solutions to a problem often do more harm than good. There is no legal basis upon which you can prevent residents from returning to their homes. There is also no legal basis upon which you can deny a potential purchaser or potential renter who has recently traveled to a high-risk area.

Asking travel-related questions can have a chilling impact on the proposed transaction thereby exposing the association to a potential claim for interfering with a sale or lease.  Be sure to speak to association counsel before revising your application forms or asking intrusive questions during your interviews.

 

Since Governor De Santis has declared a state of emergency some boards may reasonably believe that the statutory emergency powers found in Chapters 718, 719 and 720 of the Florida Statutes have been activated. However, those powers were enacted to assist boards in dealing with post hurricane issues so applying them to a medical emergency would be a novel approach.

Don’t assume that your board can utilize the same emergency powers that are activated in response to damage caused by an event for which a state of emergency is declared; a legal opinion is needed before your board attempts to use any of the statutory emergency powers.

 

The board must continue to operate and administer the community’s affairs and holding regular meetings is a large part of that function.  Many boards regularly experience poor attendance at their meetings so there is little reason to be concerned about holding meetings unless you know that you have an active infection in your community. Boards that are concerned about having meetings can certainly use technology such as in-house cable channels or Skype to allow residents to view their meetings from the privacy of their homes.

 

If you wish to minimize the spread of Covid-19 or the flu, use all of your association’s communication channels (newsletter, email or text group, website, direct mail, and in-house cable channel) to remind your residents to wash their hands frequently. You may also wish to place hand sanitizer stations in high traffic areas in the community.  Advise your residents that if they are experiencing symptoms they should let you know and they should avoid using the recreational facilities such as the Clubhouse, pool and fitness room. Management professionals should follow suit and not report to work if they are feeling ill.

Let your residents know that if they are feeling ill or have any questions or concerns they can contact the Florida Department of Health’s 24-hour hotline that can be reached at ‪1-866-779-6121. 

Lastly, make sure you have updated emergency contact information for all owners including any residents who may be particularly vulnerable.  Covid-19 is the latest in a long string of challenges that those of us who serve community boards experience. This too shall pass but in the interim, prudence and caution is warranted.

 

Donna DiMaggio Berger is a Shareholder in Becker’s Community Association Practice in Ft. Lauderdale, Florida. She is a member of the prestigious College of Community Association Lawyers (CCAL) and is one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law. As Founder and Executive Director of Becker’s Community Association Leadership Lobby (CALL), Donna has led various community association advocacy initiatives, working with legislators and other public policymakers on behalf of those who live, serve, and work in common interest ownership communities.

Donna DiMaggio Berger
Shareholder / Ft. Lauderdale
954.364.6031
DBERGER@beckerlawyers.com

 

Again here are some tips for your community and you!

It is not too soon for condominium, cooperative and HOA boards to be discussing the issue of Covid-19 with their residents. We’ve already suggested to our CALL Members statewide that the following protocol may be helpful:

  • Urge residents who have frequent guests to limit or reduce guest usage for the near future.
  • If there is Airbnb and other short-term rental activity occurring in your community that violates your governing documents, work with association counsel to curb that activity.
  • Place hand sanitizer stations in high traffic areas in the community.
  • Speak to association counsel before engaging in conversations with potential purchasers or potential renters about Covid-19 and their possible travel-related exposure.
  • Speak to association counsel about the applicability of emergency powers now that Governor DeSantis has declared a State of Emergency in Florida. Don’t assume that this means that your board can utilize the same emergency powers that are activated in response to damage caused by an event for which a state of emergency is declared.
  • Make sure you have updated emergency contact information for all owners including any residents who may be particularly vulnerable.
  • Let your residents know that if they are feeling ill or have any questions or concerns that they can contact the Florida Department of Health’s 24-hour hotline that can be reached at ‪1-866-779-6121.

 

 

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O&S Engineers & Architects, performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program.

O&S Engineers & Architects, performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program.

  • Posted: Feb 27, 2020
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O&S Engineers & Architects

Members of SFPMA: Find out more how we can help with your Florida buildings,  O&S Engineers & Architects 

 

O&S Engineers & Architects is a multi-discipline engineering and architectural consulting firm specializing in the assessment, design and restoration of high-rise communities, commercial buildings and parking garages. 

Since 1996, our staff of licensed professionals have consistently and successfully produced positive results on numerous projects ranging from small properties to large developments. O&S has an impressive portfolio in numerous markets. 

 

O&S provides:

  • 40/50 Year Recertification
  • Architectural Design
  • Structural & Civil Engineering
  • Mechanical, Electrical & Plumbing Engineering & Design
  • Capital Reserve Studies & Turnover Reports
  • Concrete Restoration
  • Building Envelope Design & Restoration
  • Balcony & Deck Restoration
  • Storm Damage Assessments & Inspections
  • Parking Garage Design & Restoration

For more information please follow us on social media or visit our website.

 

West Point Military Academy required a comprehensive structural assessment and exterior envelope renovation of the following buildings: Building 639, Water Treatment Plant, Scott Barracks, Eisenhower Barracks, The Fire House, and the Library Building. O&S Associates performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program. O&S prepared repair drawings and technical specifications and made periodic observations of construction as part of construction management services.

The restoration of the buildings’ repairs was comprised of replacing the existing roofing with new cold-applied, built-up roofing, renovation of all exterior brick and stone façade elements, reconstruction of cracked and bulged brick masonry parapet wall, replacement of cracked and spalled brick masonry, removal and reinstallation of coping stones with new cap flashing, tuck pointing of brick and stone masonry, and installation of new windows, window sealants, and application of new surface sealer for the entire façade. Total cost of restoration was $14.2 million. O&S was selected to study the exterior envelope of several buildings at the West Point Military Academy and develop a repair program for a multi-year renovation project.

The existing roofing system at each building was deteriorated and leaking in multiple areas. All six buildings required a new roofing system. The total size of the roofs was approximately 800,000 square feet. The existing brick façade of building 639 needed extensive reconstruction. The water treatment plant, Eisenhower barracks, Scott barracks, and library building had ornate stone facade, cornices, and copings stones that needed careful design and construction.

 

Firehouse Building: The firehouse consists of a single-story, four-vehicle garage; a two-story center portion; and a single-story portion located to the left of the two-story portion. The garage portion and the single-story portion has a flat roof, and the two-story portion has a hip roof with roofing tiles (asbestos tiles). O&S provided the following repair program:

  • Replacement of flat roof
  • Removal and disposal of existing asbestos tiles at the two-story portion (asbestos abatement) and installation of new roofing shingles
  • Removal and reinstallation of precast coping stones with lead-coated copper cap flashing
  • Replacement of corroded lintels
  • Rebuilding of cracked corners
  • Tuckpointing of deteriorated mortar joints
  • Pressure wash clean and apply waterproof coating on inside face of parapet walls
  • Pressure wash clean brick facia and coping stones and apply water-repellent surface sealer
  • Remove joint deteriorated joint sealants and install mortar joints
  • Repairs were approximately $170,000

 

Building 639: Building 639 is an L-shaped building with five roof setbacks. The original building was built in 1937. O&S provided the following repair program:

  • Reconstruction of three corners with proper through-wall flashings and cap flashings
  • Existing limestone copings removed, saved, cleaned and reinstalled
  • Reconstruction of all other corners to introduce proper expansion joints at corners
  • Removal of about five courses of face brick or removal of limestone facia and reinstallation of the same after steel repairs
  • Replacement of deteriorated and/or spalled brick masonry as required
  • Introduction of two new vertical expansion joints on the North and South Building Elevations
  • Tuck-pointing of deteriorated mortar joints
  • Cleaning, sealing, and pointing of existing limestone copings
  • Cleaning by pressure washing and sealing the exterior brick masonry with clear penetrating water repellent sealer
  • Repairs were approximately $440,000

 

Wastewater Treatment Plant: The original water filtration facility was constructed in 1931. Several building additions have been made over the years in 1936, 1944, and 1945. O&S provided the following repair program:

  • Removal of all existing roofing and installation of new roofing
  • Removal of all coping stones, installation of new lead coated copper cap flashing, and termination of the roofing flashing underneath the cap flashing, and reinstallation of the coping stones with new anchors
  • Removal of sealants from the perimeter of all windows, doors, joints and openings and installing new sealants
  • Removal of delaminated concrete from walls and repair using polymer-modified mortar
  • Tuckpointing of cracked, deteriorated, and open wall joints
  • Repair of cracked corners of stone headers, sills, and stone trims around doors, windows, and openings
  • Replacement of rotted wood planking with new pressure treated plywood for roofing planks in Building B
  • Replacement of rotted wood beams with new beams in Building B
  • Repairs were approximately $570,000

 

Scott Barracks: The Scott Barracks consists of a main roof, approximately 166’ long by 46’ wide with three small high roofs. The rear parapet wall is 4’ high and the front and all other parapet walls are 7’ high. All walls are built with exterior stone facing and interior brick facing and with precast coping stones. O&S provided the following repair program:

  • Removal of precast coping stones, installing cap flashing, and reinstallation of the coping stones with new anchors
  • Removal of all sealants in mortar joints from the inside face of the brick walls and tuckpointing the brick facia as needed
  • Repair of precast stones that are chipped using repair mortars that match the stone
  • Repairs were approximately $245,000

 

Project Data:

O&S Associates was responsible for A/E Design, Construction Management, and Construction Administration on this 5-year Design/Build IDIQ at the United States Military Academy at West Point. The five-year contract included work at restoration work at multiple buildings around the campus. Most buildings were historic structures. The campus repairs included roof restoration, roof replacement, exterior wall restoration, asbestos abatement, waterproofing, and other related services. O&S also provided Construction Inspection services for the Waste Water Treatment Plant, the Library, the Firehouse, several barracks, and some educational buildings. Each set of buildings had different issues related to water infiltration. As part of the Design/Build team, O&S was responsible for ensuring the cost, quality, and schedule for the project.

 

Special Features:

O&S provided construction inspection services for multiple historic buildings at West Point Military Academy. Building 639 is an “L” shaped building with five roof setbacks. The original building was built in 1937. O&S provided a comprehensive repair program that included the introduction of two new vertical expansion joints on the North and South Building Elevations. The original water filtration facility was constructed in 1931. Several building additions have been made over the years in 1936, 1944, and 1945. O&S provided a complete replacement of the entire roofing system. O&S also provided services for other buildings at the West Point Military Academy Campus including the Library, Holleder Hall, Old Chapel Building, and the Eisenhower Barracks.

 

Owner:

United States Military Academy at West Point
Construction Cost: $14.2 million

 

 

 

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There are a lot more reasons to own a golf car, than just golf!

There are a lot more reasons to own a golf car, than just golf!

  • Posted: Feb 10, 2020
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Have you been going back and forth on whether you should buy a golf car? There are a lot more reasons to own one than just golf. Add a few of these reasons to your pro list!

  1. Getting around the neighborhood – Is your child’s bus stop not around the corner? Use the golf car to take them to and from. Plus add on an enclosure to keep everyone dry on those rainy mornings! Do you have a large neighborhood? Decorate your car for Halloween and take it around trick or treating! Plus use the car to get to the neighborhood clubhouse or pool. Maybe even up to the corner store.

2. Large Property – Do you love to garden but hate lugging the bags of soil or plant food out to your garden? There are utility cars such as the Yamaha Umax built just for that! If you have animals it is also great to carry food and supplies out to their enclosures. With a utility bed and easy unlock for dumping this utility car has it all!

3. Recreation – Do you love to go camping or fishing? A golf car is a great outdoors vehicle. There are even ones built for this such as the Yamaha UMAX Rally 2+2. This allows you to drive through any terrain while getting around your campsite or fishing spot.

4. Affordability – Golf cars are an affordable option compared to a car. An electric vehicle can be way more than the average budget allows but an electric golf car can be as low as $3,000 used. Golf cars come in both gas and electric and offer the flexibility of low gas consumption.

5. Work Vehicles – Do you own a company that could use the flexibility of a golf car? Do you work for an apartment or condo association where maintenance equipment needs to be transported? Does your work complex spread a large distance and having a golf cart to go between departments would save time and therefore money? All of these are great reasons for businesses to use golf cars!

6. Storage – Golf cars take up so little space you can easily store them in the garage or a storage shed. You can even keep them on a patio if needed. They are also easy to transport due to their size. A 5′ x 7′ trailer will easily transport one wherever you need it.

Last but not least golf cars are fun! You can customize them for what you want and need. Including decorating them for parades and holidays!

If you’re in the market and have any questions please contact us. We sell new and used Yamaha products to view our current inventory please visit our website. If there is anything you like but do not currently see it in our stock feel free to reach out and we can get you a quote!

The Golf Car Connection

  954-946-8008

Looking for a new or used Golf Cart? Look no further! Golf Car Connection makes it easy to find new and used golf cars for sale.

 

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Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE with F & C

Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE with F & C

  • Posted: Jan 21, 2020
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NEWS: Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE with F & C (Effency Publishing)

Stop and Take a Look when you see the FLORIDA RISING MAGAZINE IN A FEW DAYS.

We are the new marketing company for the magazine, Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE – Is one of 18 magazines we publish for other companies and some associations.

FRM has over 118,000 Emails in their Database and over 47,300.00 Paid Subscriptions to date. We will send this publication all over Florida and it even gets sent to property condo owners living up in the northern states.

Thank You for reading the FRM sponsored by THE STATE OF FLORIDA PROPERTY MANAGEMENT ASSOCIATION

The Publishing will still be handled by SFPMA, Noting will change. Only Graphic Design and Promotions will be at a different level.

We wish to take our publication to the next level so bringing in your agency will be a great help to our Members, Advertisers and our Industry. ~Frank J Mari / Executive Director

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Five tips for new HOA board members

Five tips for new HOA board members

  • Posted: Jan 16, 2020
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Five tips for new HOA board members, From our friends at Vesta Property Services.

Welcome to the board! Being a new HOA board member, you are going to be wearing many different hats and stepping into a few challenging roles to help make sure your HOA is running smoothly. Now that you’ve been elected, the big question is…What’s next?

For many newly elected board members it is their first time in the position, presenting a pretty steep learning curve. Lucky for you, Vesta has a few tips to get you more comfortable in your new position.

Just follow these board member basics and you’ll have all the tools you need to become the best board member you can be! 

1. Understand your role

While you volunteered for this position, you also should realize that it is not to be taken lightly. The board is responsible for the management of all aspects of the association. You are a key element in ensuring that your association continues to operate and that all of the residents are happy with the HOA they chose to live in. Vesta has an article on understanding the roles of the HOA board that you can read here.

The best way to quickly learn how your association achieves these goals is to read your association covenants, by-laws and other governing documents. Don’t be afraid to ask veteran board members about their responsibilities and the minutia of the job. Often experience is the best teacher, so talking to seasoned board members is a great way to figure out what to do and more importantly, what not to do.

 

2. Team up with a great property management company that you can trust

If your board works with a property management company that you trust to do right by your community, you can use them as a resource to help you ease into your new role! Working effectively with your management company is a great way to make sure you’re getting everything you can out of what they offer.

Having a close relationship with your HOA’s CAM will open doors for you and the rest of your board that will lead to efficient and effective methods of management. As a part of their services, your CAM should be providing you and your residents with clear communication in enforcing your association’s policies and assisting with your budget, financials and even managing your vendors!

3. Participate

If you want your board to be effective, all board members should be participating, both during and between meetings. Make sure you’re going to every meeting you can, volunteering for projects and taking an active role in the management of your community.

Everyone on the board should be doing whatever they can to make every meeting count. When a meeting is run poorly, more issues are created than solved. While making sure your meetings are productive can be a tall order, it can really be as simple as following procedure, reading the agenda, keeping accurate minutes and reviewing what was discussed at the end of the meeting.

You can find some tips about leading productive board meetings here.

4. Communicate

Many of your neighbors will probably agree that communication between the board and community is vital to the success of a community. Transparency is necessary if you want to maintain a positive relationship between your board and your neighbors. Make sure you keep your community informed about issues, ideas and changes that are going on in the community you both live in.

5. Take advantage of the Community Associations Institute 

In their own words, CAI is an international membership organization dedicated to building better communities. CAI serves community associations by providing guidance through seminars, workshops, conferences and education programs for community managers and other industry professionals.

CAI offers many educational services including online training and in-person workshops that you can attend. Many property management companies also host board certification classes that you can attend

Volunteering for your community is rewarding and challenging; it’s important to take some time now to learn about your role as a board member and how to best serve your association. Following these guidelines is a great way to ensure your transition is smooth and that you enjoy your time on the HOA board!

 

 

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The Internet of things

The Internet of things

The telecommunications industry says the upgrades are needed by 2020 to meet the demand for faster internet speeds, smart cities, driverless vehicles, instantaneous 3D downloads, the “Internet of things” where machines talk to machines, and more.

The battle between infrastructure needed for fast digital service and property rights may soon come to communities across Palm Beach County. Right now, it’s playing out in Tallahassee courtesy of legislation before lawmakers.

“It’s a ticket for multi-billion dollar wireless communication companies to come into a city and do as they please in city right of ways,” said Riviera Beach Councilwoman Dawn Pardo.

The brewing fight is over technological advances. First there was 1G wireless technology, for “first generation,” and as telecommunications technology evolved, 2G, 3G, 4G and 4G LTE came to be. Now 5G, a fifth generation network technology allowing greater connectivity at higher speeds for many more devices, is on its way.

To place the infrastructure needed for 5G service, a proposal pending in the Florida Legislature would limit state and local control of public rights-of-way where the 5G equipment is being installed.

 

SFPMA feels that with the proposal in the Florida Legislature with some changes is what we need to advance this to all of our Florida communities, this upgrade is for reliability “If you are stranded in an heavy traffic area or one that has many customers using services at one time it slows down and this brings problems” Can you get through in an emergency? We have members right now that offer Building Owners the ability to place towers, on rooftops and other locations with need to advance the networks. Many of our building members can make money each month by the placement of these on the properties and in the communities they own and manage. 

Senate Bill 596 sponsored by Sen. Travis Hutson, R-Palm Coast, and House Bill 687, sponsored by Rep. Mike La Rosa, R-St. Cloud, would create the Advanced Wireless Infrastructure Deployment Act and prohibit the Florida Department of Transportation and local governmental entities from prohibiting, regulating or charging for collocation of small wireless facilities in public rights-of-way.

Municipalities say the bill is one-sided, would take away their ability to control where 5G equipment is installed and totally favors telecommunications giants such as AT &T, Verizon and Sprint. The companies want the right to install their equipment on utility poles, light posts, signs and traffic arms in rights-of-way.

Pardo was one of about a dozen officials from cities and counties across Florida, including Miami, Fort Lauderdale and St. Petersburg, who spoke against the bill before the Senate Committee on Communications, Energy and Public Utilities in Tallahassee on March 7.

Pardo told the committee the bill would eliminate residents having a say in the location of 5G facilities.

Currently, Riviera Beach requires “stealth designs” that are unobtrusive, and has other rules as well. The city doesn’t allow the equipment within residential communities.

“We have a couple of these wireless companies proposing to put towers in residential communities without any input from the public. This is unacceptable. This bill allows companies to put as many towers as they want,” Pardo said.

The proliferation of poles and equipment on rights-of-way would jeopardize public safety, entice kids to climb up the poles and create more debris when a hurricane hits, Pardo said.

Riviera Beach has spent a “couple million dollars” to bury utility lines, Pardo said, adding, “Then the next thing you know, we have these 100-foot poles in the middle of the sidewalk.”

Both bills have passed their first round in the Senate Committee on Communications, Energy and Public Utilities and the House Subcommittee on Energy & Utilities.

While the bills deal only with “small cells,” the suitcase-size to small refrigerator-size building blocks of the 5G system, some companies are also submitting applications for poles as high as 120 feet.

The telecommunications industry says the upgrades are needed by 2020 to meet the demand for faster internet speeds, smart cities, driverless vehicles, instantaneous 3D downloads, the “Internet of things” where machines talk to machines, and more.

Houston-based Crown Castle, the nation’s largest provider of wireless infrastructure, sought to install 50 to 60 poles all over Riviera Beach, but in September 2016 the city passed an ordinance regulating them. The equipment boxes must be grouped together in a single location and spaced a minimum of 2,000 feet from each other unless technical documentation is provided by the applicant and approved by the city management. If more than six poles are to be located within one linear mile of a city block, the manager must notify the council.

Crown Castle installed four poles prior to the regulations. Mobility had planned to install numerous 120-foot poles, but Riviera Beach’s ordinance does not allow the poles to be over 35 feet. That’s got municipal leaders worried.

Eric Poole, deputy director of public policy at the Florida Counties Association, spoke about SB 596 before the committee. The committee passed the bill on preliminary reading.

“This bill is a one-way street. It says the telecommunications industry can come into any county and city and require us to give them a permit to co-locate one of their small cell packages on any of our utility poles, light posts, signs or traffic arm signals. We can’t tell them no,” Poole said.

Poole said he first became aware of the 5G issue about 10 months ago when a wireless infrastructure provider submitted an application in a Florida county he did not mention by name, and said it had the right to use the right-of-way. In the past, such installations were typically done on private property, not on public rights-of-way.

The proposal states that if the local government doesn’t approve or deny the telecommunication company’s application within 60 days, approval is automatic. The maximum fee the companies can be charged for use of each right-of-way is $15.

Some local governments have declared moratoriums while they work with the industry, Poole said. He said his organization doesn’t want to stop smart schools, economic development and other advancements, but that the industry needs to respect home rule authority.

Advocates for the bill included representatives of AT&T, Sprint, Verizon, T-Mobile and other companies, as well as their trade groups.

Bethanne Cooley, legislative affairs director of CTIA, the trade association for the wireless communications industry, said networks need to be updated today to be ready for the next generation of wireless networks.

The fifth generation, 5G, will connect 100 times as many devices and be up to 100 times faster. It could create up to 3 million jobs nationwide over the next seven years, Cooley said.

A January report by the Florida Association of County Attorneys Cell Tower Right-of-Way Task Force states that numerous counties and cities in Florida have been confronted with applications from private companies wanting to place cellular telecommunications towers and small cells in the public right-of-way.

The companies are seeking to classify these cellular towers as tall as 120 feet as “utility” poles, but they are not, the report states.

The Telecommunications Act of 1996 and the Florida Statutes do not support a right of telecommunication firms to force local government to allow placement of cellular communication facilities in the local government’s own right-of-way, the report concludes.

Reposted by: SFPMA for the advancement of our communities. original published by; The Palm Beach Post (West Palm Beach, Fla.) Distributed by Tribune Content Agency, LLC.

 

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Association Foreclosures Are Obsolete

Association Foreclosures Are Obsolete

  • Posted: Jan 10, 2020
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Association Foreclosures Are Obsolete

The Foreclosure Process and How HOAs Recover Money

In a condo or HOA the normal method to collect delinquent maintenance fees is to send an owner to the attorney. The attorney will then move the process through the courts. This means foreclosure for delinquent maintenance fees. The object is to foreclose and take “intervening title” on properties.

It’s “intervening title” because in most cases the unit still has a mortgage. Soon enough the lender is coming for their collateral. The association can hold title but they cannot sell the unit as it may have a debt attached to it. With luck the association can get this title without too much expense and rent out the unit. That is the only way the association can recover money if somebody does not bid the unit when it goes for sale.

The association foreclosure worked in the past but now it is becoming obsolete.

The rental revenue may cover losses for maintenance fees. It may also cover the rehabilitation of the unit, commissions and marketing of the unit to a renter. There are also the legal costs & fees that the association spent to get the title.

With luck the association can hold on to this unit long enough to recover their money. Its a hard way to recover delinquent maintenance fees. It is also an obsolete maneuver to foreclose to recover money.

This is how it has always been, especially during the real estate meltdown of the last decade. Now, the times they are a changing.

 

New Law Proposed in FL Removes Ability for Associations to Collect Rents

In Florida, an amendment to Florida Statute § 697.07 has been proposed. This new law will entitle banks to step in and take those rents. In essence this completely neutralizes the benefit of foreclosure for community associations.

Delinquent maintenance fees, legal costs, late fees, late interest will remain a loss. Only the lender will benefit when an association forecloses. In other words there will be no good reason for a community association to foreclose on a unit. They will not be able to monetize it should they prevail in court.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

 

 

New Law Proposed in SC Removes Foreclosure as an Option for HOAs

In South Carolina a bill pre-filed this month would prohibit HOAs from foreclosing at all. This bill would strip this power from associations. “Real property used as a primary residence may not be sold if the action was instituted by a homeowners association attempting to collect unpaid dues, fee, or fines”, the proposed bill states.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

Association foreclosures are likely to become less common nationwide. This is a good thing! Community associations and their attorneys have long abused this power. Small debts get inflated with legal fees, and the case gets moved to foreclosure. Ultimately this does little to benefit the association.

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

 

The Real Estate Meltdown is Over, But We’re Acting Like It’s Still Going On

People are fallible and don’t always manage their financial affairs well. Such people need a wake up call, NOT their home confiscated.

In 2009, during the height of the real estate meltdown, many properties did not have equity. Originally purchased by “Flippers and investors,” many were simply abandoned. Banks were stalling foreclosure and these properties were sitting there rotting. In those times it made good sense for the association to rush to the courthouse and foreclose on delinquent units.

Today most homes have equity and are appreciating in value. It’s unlikely the current owners would let the property be taken from them if they can avoid it. If equity outweighs the debt it would be foolish to lose a property. Most units delinquent in their maintenance payments will pay without legal intervention.

 

A Viable Alternative to Foreclosure Is Available for Smart Community Associations

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

Retaining a collection agency that specializes in community association debt is becoming an increasingly popular option.

Many collection agencies work on a contingency basis, while Lawyers get paid regardless of the outcome of the cases they take. This means collection agencies are much more motivated to seek a timely resolution.

 

Less Negative Impact on Community Members

Strategies employed by debt collectors have a much lower impact on your community. With a strategy of engagement and education, these agencies are looking to resolve issues and improve communications within the community. This is done with the use of proper notifications, outbound calls, credit bureau reporting, letters sent to mortgage holders, placing of liens, and other techniques.

Frankly, association foreclosure on delinquent owners is obsolete. Even without the change in the laws this method to collect on delinquencies needs to be reconsidered.

It’s time for management companies and boards of directors to think how the future collects and engage specialized collection companies to collect delinquent condo and HOA debts.

 

 

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Starting January 1, 2020, officers will start to issue citations….Florida texting law

Starting January 1, 2020, officers will start to issue citations….Florida texting law

  • Posted: Dec 30, 2019
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Be prepared, Florida friends! While the new  took effect on July 1, 2019, law enforcement has only been issuing warnings. However, starting January 1, 2020, officers will start to issue citations. Check out our blog post for further details about the law.

New Florida Texting Law Effective July 1, 2019

By Ana Cristina Rossi, Esq.

Put your phone down while driving! We all know how dangerous it is to text while driving and the Florida legislature has done something about it. Florida joins 43 other states which allow law enforcement to pull over drivers for texting while driving.

The new law, which was signed by Gov. Ron DeSantis on May 17, 2019, went into effect on July 1, 2019. In explaining his support for the bill, Gov. DeSantis stated that Florida had almost 50,000 motor vehicle accidents in 2016 which were caused by distracted driving and 233 of these accidents resulted in fatalities.

Here Are Answers To Questions People Have About The New Law: Republished with permission from Cohen Law Group

How does this new law change the prior law on texting while driving?

The new law now makes texting while driving a primary offense, meaning that law enforcement can pull you over if they suspect that you are texting on your phone while operating a vehicle. Previously, texting while driving was a secondary offense, meaning that a driver could only be cited for texting while driving if they were pulled over for another offense.

 

What’s the penalty?

For a first offense, the fine is $30 and for a second offense, the fine is $60. You will also be responsible for paying court costs.

A first offense will be treated as a non-moving violation; a second offense will add 3 points on your license.

 

Can you use your phone while you are stopped at a traffic light?

Yes, the new law permits drivers to use their phones in a motor vehicle which is stationary.

 

Can law enforcement confiscate your phone if they see you texting while driving?

No, law enforcement are trained to detect the signs of texting while driving and are not permitted to confiscate or otherwise access your phone without a warrant.

While the law took effect on July 1, 2019, law enforcement will only be issuing warnings until January; after that, officers will start to issue citations.

Ana Cristina Rossi, Esq.

Learn more about Ana Cristina here!

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Community Associations Threatened With Website Litigation Under the ADA

Community Associations Threatened With Website Litigation Under the ADA

  • Posted: Dec 30, 2019
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Community Associations Threatened With Website Litigation Under the ADA

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.

  • So what does pizza have to do with a community association website?

Frankly, not a darn thing. It appears that the lawyers and firms threatening these specious lawsuits are conveniently conflating the obligations found under Title III of the ADA for places of public accommodation with the different set of obligations found in the Fair Housing Amendments Act (FHA) for housing providers.

Or, these lawyers are simply trying to avoid application of the ADA altogether since most private residential communities are not considered places of public accommodation. The ADA requires that every owner, lessor or operator of a “place of public accommodation” provides equal access to users who meet ADA standards for disability.

These lawsuits are attempting to apply the ADA standards for websites to housing providers impacted by the FHA.

These threatened website lawsuits are uniform in style (mostly forms sent in mass) and generally allege that a “tester” was unable to navigate an association’s website, resulting in a discriminatory impact on those who are visually impaired.

The suits allege that community association websites were not accessible to visually impaired persons thus violating the FHA. Community associations are considered housing providers under the FHA and, as such, must make reasonable accommodations for residents and guests with verifiable disabilities.

This is true in the realm of service and support animal requests and these new website lawsuits attempt to expand that obligation to include visually impaired visitors to an association website. It is curious that these testers did not reach out first and request that the allegedly deficient websites be modified for a visually impaired person to more easily navigate the site. Instead, demands are being summarily sent to community associations statewide who have websites in an attempt to reach a quick settlement.

The demand letters offer a conditional release for payment of “reasonable attorney fees” because the attorney sending the letter claims the firm is entitled to compensation for work completed to investigate, research and determine the community association’s noncompliance.

Of course one cottage industry begets another. In addition to a handful of law firms who believe they can generate some revenue with these tester lawsuits, we now also have a number of companies advising communities that they can make their websites compliant for fees ranging anywhere from $2,000-$5,000 and annual hosting around $300-$1,000 per year.

In actuality, the cost depends on the content and functionality of the website including the number of features that must be optimized for the visually impaired. There are also some solutions that are free depending on the website platform.

Many of the demands and threatened lawsuits appear to lack any merit and seem to be merely an attempt to obtain a quick settlement payment from community associations or their insurers.

Many of the communities who have been threatened have website features that are password-protected, are accessible only to owners, or don’t have the features that are the subject of the complaint, so the allegations appear to be specious.

While we can debate the merits of these tester lawsuits and even seek legislative clarification in the upcoming 2020 Legislative Session, in the interim, associations with websites need to speak with experienced counsel to confirm whether or not their association’s website must have the necessary software for disabled users.

This confirmation is particularly important if your community uses its website to list properties for sale or lease. As for the attorneys who have decided to send out these blanket demands without the benefit of further investigation, let’s hope they have a change of heart when associations push back.

Donna DiMaggio Berger is a board certified specialist in condominium and planned development law, a shareholder at Becker Law and the executive director of the Community Association Leadership Lobby.

 

 

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Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

  • Posted: Dec 17, 2019
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If You Have Been Injured in a Slip and Fall Accident
Follow These 7 Important Steps

Find us on the Members Directory on SFPMA – The Maus Law Firm

1) Seek Medical Attention

This is your first step. Always to seek medical attention to ensure your injuries are documented. Schedule a Fort Lauderdale slip and fall attorney consultation as soon as you are well enough to visit.


2) GET PHOTOS

Facts are important. Document the location of the fall, store employees near, and the condition that caused you to fall.

 

3) DO NOT GIVE A RECORDED STATEMENT – YOU ARE NOT REQUIRED TO GIVE A STATEMENT.

They’re taking a statement to help their position – NOT to help YOU.
Our Fort Lauderdale slip and fall lawyers advise clients that if the business or insurance company contacts them, refer them to us. The calls will stop.

 

4) REQUEST AN INCIDENT REPORT

Businesses and insurance companies are infamous for the defenses they use when a person gets injured on their property.

 

5) REQUEST IN-STORE VIDEO SURVEILLANCE BE PRESERVED

This should be done in writing, and as soon as possible. Most businesses’ video recorders will tape over whatever is recorded after time.

 

6) GET WITNESS NAMES AND CONTACT INFORMATION

There is strength in numbers.

 

7) DOCUMENT YOUR INJURIES

Don’t wait!

Get the Help You Need from a Top Fort Lauderdale Slip and Fall Attorney
You deserve an experienced lawyer in slip and fall accidents and premises liability cases. Speak to a Fort Lauderdale slip and fall attorney in our office to have your questions answered.
Call 1-855-999-5297 today or visit us at www.mauslawfirm.com

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Protecting Tenants at Foreclosure Act of 2009

Protecting Tenants at Foreclosure Act of 2009

  • Posted: Dec 09, 2019
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Protecting Tenants at Foreclosure Act of 2009

Resurrected and Here to Stay

by KBR Legal/ Jeffrey Rembaum, Esq.

On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing.

The federal law was known as “Protecting Tenants at Foreclosure Act of 2009”.  It generally provided that a bona fide tenant was authorized to remain in a residential unit that was acquired by a new party through foreclosure for the balance of the unexpired term of the lease, unless the unit was acquired by a party that intended to occupy the unit, in which case the tenant was authorized to remain in the unit for ninety days after receiving a notice to vacate.

For purposes of the federal law, a “bona fide tenant” was a tenant who was not the mortgagor or the parent, spouse, or child of the mortgagor and who was under a lease that was the result of an arms-length transaction where rent was not substantially lower than fair market value.

The federal law assured that residential tenants would have a reasonable amount of time to plan and find alternative housing after the unit they were renting was foreclosed and acquired by a new party. However, it also assisted community associations in finding desirable tenants to rent units they owned through the foreclosure of the association’s assessment lien for a fair market value, which then helped the association recoup unpaid assessments and bad debt otherwise attributable to the unit.

The protections of the federal law were intended to “sunset”, which is a term meaning ”to expire”, on December 31, 2012. However, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) later extended the sunset date to December 31, 2014. Once the federal law finally expired on January 1, 2015, tenants of residential property in Florida no longer had any special protection from eviction by parties acquiring such units by foreclosure.

Then, approximately six month later, the Florida legislature adopted its own version of the law as part of the Florida Residential Landlord and Tenant Act. Specifically, section 83.561, Florida Statutes, became effective on June 15, 2015, and provides that “if a tenant is occupying a residential premises that is the subject of a foreclosure sale, the purchaser named in the certificate of title is permitted to give a tenant a thirty day notice to vacate and the tenant must comply”. Therefore, as of June 15, 2015, residential tenants had a much shorter timeframe of thirty days’ notice to vacate a unit acquired by foreclosure.

 

Finally, on June 23, 2018, the federal Protecting Tenants at Foreclosure Act became effective again. It no longer contains any sunset or expiration date; so it is here to stay. Since a federal law will supersede a Florida law when it is more stringent, the provisions of the Federal Protecting Tenants at Foreclosure Act giving tenants more time to vacate residential property after it is acquired by a new party through foreclosure will apply to transactions in Florida despite the shorter timeframe provided by state statute.

 

Kaye Bender Rembaum, Attorneys at Law

Palm Beach Office
Gardens Professional Center
9121 N. Military Trail,
Suite 200
Palm Beach Gardens, FL 33410
Phone: (561) 241-4462
Fax: (561) 223-3957
Broward Office
1200 Park Central Blvd. S.
Pompano Beach, FL 33064
Phone: (954) 928-0680
Fax: (954) 772-0319
Tampa Office
1211 North Westshore Blvd
suite 409
Tampa, Fl 33607
Phone: 813-375-0731

 

 

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