FLORIDA RISING MAGAZINE: A New Issue Has Been Published MAY 2020
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Tags: Florida Rising Magazine, Management News
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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
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Tags: Florida Rising Magazine, Management News
(For example) a members business could write an article tell us what you offer or that they’re temporarily closed or Let us know that you are OPEN and ready to help Condo’s and HOA’s. We will repost these members articles and send these out to our Industry.
Once normal service resumes, or you reopen you can easily send another article for the service update, SFPMA will help by sending these to our Industry.
We have a large reach for our Blog. We send Hundreds of Thousands of Emails to industry professionals and more if you also add every member company and subscriber.
Need more resources? Think about taking out Advertising on our website or in the Florida Rising Magazine.
At SFPMA, we’re committed to providing members businesses with as much support as possible during this challenging time.
Send us an Email: Membership@sfpma.com
Frank J Mari / Executive Director
Tags: Management News, Member Highlights
Lakes, ponds and wetlands are valuable resources for boating and recreation, fishing, drinking water, stormwater collection, aesthetic beauty and wildlife habitat. But they also serve as common breeding grounds for pesky insects like aquatic midge flies, often referred to as “midge bugs” or “blind mosquitoes.” Midge flies belong to a very large and diverse family of aquatic insects. While often thought of as the “cousin” of mosquitoes, midges don’t bite, sting, suck blood or transmit disease. They can, however, become a terrible nuisance and trigger allergies or respiratory issues.
Midges thrive near aquatic resources because their egg, larvae and pupae stages must occur in water. They have evolved to populate and prosper under difficult environmental conditions commonly occurring in many of our community lakes and ponds that have excessive nutrient loading, murky water, organic muck accumulation and low dissolved oxygen levels. These same water quality problems that favor midges also prevent midge predators such as fish and other aquatic insects from preying on them. This allows midges to form monocultures across a lake’s bottom and reproduce in extremely large numbers often exceeding 40,000 larvae per square meter. 1,000 larvae per square meter is considered the threshold for nuisance levels. Out-of-control midge larvae populations can become a terrible annoyance, inconvenience and even a health hazard to waterside residents when they metamorphose into adult flies.
Managing midge fly populations below nuisance levels requires an integrated approach to achieve successful long-term control—starting with bathymetric mapping of the habitat and a professional larvae assessment. Midge larvae surveys are crucial tools to determine which midge species are present and how to effectively manage them.
Blood midge larvae, for example, thrive in bottom sediments and must be targeted with an ingestible larvicide. On the other hand, phantom or ‘ghost’ midge larvae flow freely throughout the water column and are targeted with a growth-regulating hormone that prevents them from becoming healthy adults.
Balance water quality:
Introduce aeration:
Manage fish populations:
Cultivate a healthy shoreline:
Find Your SolutionLooking for sustainable long-term control of your algae or aquatic weed problems? Considering fisheries management assistance? Need help with water quality testing? Trying to find the perfect pond aeration system for your aquatic ecosystem?
Whatever your lake and pond management needs may be, SOLitude Lake Management has the answer. Simply fill out the form ( Click Find Your Solution ) and let us know how we can help. We look forward to helping you find your lake or pond management solution.
Tags: Building Maintenance, Condo and HOA Common Area Issues, Landscaping Articles, Management News, Members Articles
by Kaye Bender Rembaum
In response to our article below, we have received inquiries from readers regarding the ability of an association located in Palm Beach County to use volunteers to provide the pool monitoring as required by Palm Beach County Emergency Order Number 5.
In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.
Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.
Panelists include:
Craig Vaughan, Castle Group President
Michael S. Bender, Esq., BCS
Jeffrey A. Rembaum, Esq., BCS
Brendan T. Lynch, AIP AAI, Plastridge Insurance, President
In addition, based upon an April 28, 2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.
With that in mind, if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration:
1) If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.
2) Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?
3) Does the association have insurance coverage in place to cover acts of volunteers?
4) Does the association have volunteer workers comp type coverage in place?
Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools. The following links are provided for your reference:
Palm Beach County Emergency Order Number 5
The Palm Beach County Website April 28 posting related to volunteers
Remember to also discuss the re-opening plan with your association’s legal counsel.
Kaye Bender Rembaum, Attorneys at Law
The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.
Tags: Condo and HOA, Condo and HOA Board of Directors, Condo and HOA Common Area Issues, Law and Legal, Management News, Members Articles
by Kaye Bender Rembaum
A link to the recent re-opening Orders follows:
–Palm Beach County, Emergency Order Number 5
–Broward County, Emergency Order 20-08
–Miami-Dade County, Emergency Order 21020
As to the Palm Beach County Order, take note that that staff and management are responsible to ensure compliance with the Order with respect to the tennis/racquet court facilities, and that one or more facility staff or management must be present at the pool to monitor and “ensure compliance with the restrictions of the Order.” However, it is not at all clear what measures must be taken to “ensure compliance with this Order.” We do not think it would be sufficient to only post a sign setting forth the CDC Guidelines and the additional restrictions in the Order. Although the tennis/racquet court facilities guidelines, unlike the community pool guidelines, do not require personnel to be present at the tennis/racquet courts to monitor and ensure compliance, in our opinion the board should consider some type of responsible monitoring.
Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.
Panelists include:
Craig Vaughan, Castle Group President
Michael S. Bender, Esq., BCS
Jeffrey A. Rembaum, Esq., BCS
Brendan T. Lynch, AIP AAI, Plastridge Insurance, President
With respect to a swimming pool in Palm Beach County, “facility staff or management” must be present at the pool whenever it is open to monitor and ensure compliance with the restrictions set out in the Order, including social distancing and pool bathroom sanitation. If that cannot be accomplished, then the pool and or bathrooms should remain closed.
When opening a swimming pool in Broward County, their Order provides that the pool may not operate at more than 50% capacity. In person supervision in addition to sanitizing gates, railings and showers is required if the pool deck furnishings are left in place. However, by removing the furnishings, the wording of the Order seems to indicate the need to sanitize gates, railings and showers has been eliminated. If the decision by the Board is to reopen the pool, whether the furnishings remain or are removed a level of reasonable cleaning/sanitizing should be maintained, as necessary maintenance remains a continuing obligation of the association with regard to common elements/areas, which would require sanitizing the pool gates, handrails, doors, bathrooms and the like minimally as the association normally would, but clearly should be performed more frequently during these times.
Residents of Miami-Dade County will have to wait a while longer to be able to use their association swimming pool because their Order does not yet address opening association swimming pools.
We have heard that certain county staff are giving their personal interpretations of the Order(s) in response to questions from board members. If you think that relying on these unofficial and unauthorized interpretations will shield your association from immunity, think again! It is far more likely that staff interpretations of the County Orders will not provide any protection whatsoever, most especially if a resident contracts Covid-19 and a lawsuit is brought against the association. Until local governments revise their Orders to provide missing clarity, the plain language, conservative interpretation of these Orders should be followed to help ensure your association is protected as much as possible under the circumstances. Remember, too, that an association can have stricter requirements than those set out in the orders, but cannot adopt less strict requirements.
It is also unclear from the Orders how governmental enforcement of the restrictions is to occur by the County or any municipality, as it seems very (very) unlikely that there will be patrols driving around to check on compliance. Even if such patrols did exist, they could not hope to keep up. The more likely scenario is that the self-reporting of violations could possibly lead to monetary or other penalties against the association. Clearly, if the Board is of the opinion that the requirements in their County’s Order cannot be met at this time, it or are removed is certainly within the reasonable business judgment of the Board to keep those amenities closed. However, that said, reasonable business judgment should not be used by a board to make a decision to open amenities where the board believes it lacks the ability to be fully compliant with their county’s local Orders.
We encourage board members to contact their association’s legal counsel for guidance regarding reopening any tennis/racquet courts and/or pool facility, and to continue to monitor the guidelines, directives and orders issued by the CDC and the applicable local authorities. Stay safe.
Kaye Bender Rembaum, Attorneys at Law
The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.
Tags: Condo and HOA Board of Directors, Condo and HOA Laws, Law and Legal, Management News, Members Articles
By Bobby Parsons / Cohen Law Group
As the Coronavirus continues to spread throughout the globe, many industries will experience closures and slowdowns, as well as implement various protocols limiting their productivity. For instance, the Florida court system has already issued an administrative order limiting court appearances that would require the gathering of a substantial number of people in an effort to curtail further spreading of the virus. The extent of such protocols being put in place during the near-term future remains unclear, but it is safe to assume, the business interruptions we have seen thus far are only the beginning until a vaccine is developed, or the virus runs its natural course.
Many offices are closing their doors for the foreseeable future and requesting employees to work from home. The most recent recommendations from the authorities include a moratorium on gatherings of ten people or more, down from fifty only a few days ago. The spreading of the virus, and the associated efforts to curtail its spread, will certainly impact all aspects of our lives, and suffering a loss to your home or property would only serve to make an impossible situation worse.
Insurance companies are very large, with vast amounts of employees. Should you suffer a loss to your property, an insurance company will likely be ill-equipped at this time to properly adjust your claim due to limitations on its productivity like those discussed above. Normally, an insurance company must conclude its investigation of your claim within ninety days. However, this rule is subject to a provision that allows insurance companies to exceed this timeline during exigent circumstances, like the one we are all dealing with today. What this means, is that your claim could get stuck in limbo while the global issue of the coronavirus runs its course. Scheduling inspections, hiring contractors, gathering documents from your insurance agent, and other steps ordinarily conducted during an insurance company’s investigation into a claim will take much longer than usual.
Given the uncertain nature of the near-term future regarding the ability to properly address your insurance claim, what is a property owner to do should it experience a loss? The most important thing to do in a time like this, is to protect the property from further damage and stabilize it. This could be something as simple as placing a tarp on the roof after suffering a leak. Even though the carrier is likely going to take quite some time to investigate the loss, this does not absolve a property owner of its responsibility to protect the property from further damage. Likewise, a property owner must also preserve the property to the best of its ability for inspection by the insurance company at a later date. Literally maintaining possession of damaged property may be a virtual impossibility due to contaminants or some other risk. However, should this occur, property owners should document such property thoroughly, and consider storing the damaged property with a third party better-equipped to handle such property. As the spread of the coronavirus continues to wreak havoc, it is important to know that an insurance company’s investigation into a property claim is likely to take much longer than normal, and it is equally important to understand how a property owner needs to adapt to the drawn out process.
If you have any questions regarding this, you can call our office 24 hours a day at 407-917-3192.
Robert “Bobby” Parsons, Esq.
DISCLAIMER: This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Cohen Law Group through this site does not form an attorney/client relationship. This site is legal advertising. Please review the full disclaimer for more information by clicking here.
Tags: Condo and HOA Insurance, Law and Legal, Members Articles, SFPMA Social Media
by Mitchell Drimmer of Axela Technologies
With a pandemic crippling the global economy, community associations must prepare for the effects this will have on the housing market.
We must face the grim reality that the ripple effects of the coronavirus may cripple our economy for years to come, long after the virus itself has been contained, as people lose their incomes and families struggle to make ends meet.
Community associations are already beginning to feel the effects of the recession with homeowners in financial crisis opting not to pay association fees, and this trend looks like it will get worse before it gets better. And with foreclosures on temporary deferment during the shutdown, the typical methods communities use to collect are unavailable.
But there is hope for communities to navigate this new recession economy. Community associations are one of the few industries that can successfully weather economic depression. You just need to know what tools to leverage to keep the budget healthy.
The American consumer will be making choices: “Should I pay my Visa or Mastercard bill or my community association fees?”
This whitepaper explores the options that are available to community associations and reveals what actions you can take to not just protect your community, but to thrive in the new recession economy we are facing.
Axela Technologies is dedicated to helping create streamlined accounts receivable and collections for management companies, condo associations and homeowners associations.
Our proven collection methods help community associations realize higher returns and lower delinquency ratings at virtually no risk to the organization.
Axela is fully compliant with Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA).
Need a Better Cash Flow for Your Condo or HOA?
Your Collections process may be what’s holding your budget back. Let us help with this free analysis of your collections process.
Call Us
305-392-0389
Tags: Condo and HOA Collections, Condo and HOA Reserves
By Eric Glazer, Esq.
No doubt we have been in unchartered waters for the past few weeks now. Boards have been uncertain about how, when and where they can hold board meetings. Unit owners are upset that they have heard that their Board is actually having meetings that they cannot attend. Decisions are being made at meetings that are not properly noticed. No doubt decisions and votes are being made by e-mail, even though the statute clearly prohibits it.
Despite the extraordinary powers given to Boards under the emergency powers statute, there are a few things that remain clear;
So what needs fixing? Obviously, in light of recent events, all board meetings and unit owner meetings must be made available to the owners through technology. Nobody should be forced to attend a meeting in person if board members are not forced. . Now, before anyone starts yelling that this is impossible…… it isn’t. There was pushback about having a mandatory website that would hold all of the association’s records. We learned it works great. There was pushback when it came to on-line voting. We learned it works great.
For me however, these past few weeks have been an incredible learning experience. I have had the joy and honor of continuing to teach the Board Certification and Legal Update seminars. There are 130 people on-line at one time! We are on-line for three hours. It works perfectly. And after my part is over, everyone who wants to be heard gets to be heard. Don’t tell me Board meetings can’t be run the same way. They can. Easily. Far fewer people typically attend a board meeting.
So, it’s clear that it’s now time for unit owners to get the same rights as board members do and have the opportunity to appear at their Board and unit owner meetings through the use of technology. If you still choose to attend in person, even better. The choice should be yours.
The State of Florida Property Management Association has looked into these issues for voting and have found in Florida, There are a few companies that had the insite and looked into the future of Online Voting.
Supported by SFPMA: BeckerBALLOT – Use this software for board of directors votes, amendment of governing documents, waive reserves and approval of material alterations and more! Your members need to simply log in, cast their votes and be on their way.
BeckerBALLOT, a joint partnership between Becker & Poliakoff and SHYFT digital.
We offer an easy-to-use, secure electronic voting software solution that is compliant with state law. We provide the ability for members in condominiums, cooperatives and homeowner associations to cast their votes online. You will be able to easily and seamlessly facilitate and increase member participation in important votes. All votes stay secure, anonymous and tracked for validity.
Once your Board adopts a Resolution which offers an online voting system for your members, members consenting to vote online may register and vote using BeckerBALLOT.com
Please join us from the comfort of your home or office for one of our upcoming online webinars where we will demo the vote creation and management tools with opportunity for Q&A.
April 28: 10:30 – 11:30 am: Register Now
May 5: 10:30 – 11:30 am: Register Now
May 12: 10:30 – 11:30 am: Register Now
Tags: Condo and HOA, Condo and HOA Board of Directors, Management News
SFPMA works throughout the State of Florida, we are a multi-member organization for the Condo, HOA and Property Management industry. Through knowledge based Articles, Events and our Members Directory, Clients find the right information to make an informed decisions for their Florida properties.