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A 2018 Legislative Guide

A 2018 Legislative Guide

House Bill 841 Affecting Community Associations Is Signed Into Law

Rembaum’s Association Roundup

House Bill 841 containing this year’s community association legislation (“HB 841” or “Bill”) has made its way through the 2018 Florida legislative session and was signed into law by Governor Scott on March 23rd. As the Bill is now signed into law, it becomes effective on July 1, 2018. The following is a digest explanation of these newest laws to affect Florida’s community associations:

Condominium Official Record-keeping: Certain official records must be permanently maintainedfrom the inception of the association, including the following:

(i) a copy of the plans, permits, warranties, and other items provided by the developer;

(ii) a copy of the recorded declaration of condominium and all amendments thereto

(iii) a copy of the recorded bylaws and all amendments thereto;

(iv) a certified copy of the articles of incorporation and all amendments thereto;

(v) a copy of the current rules; and

(vi) all meeting minutes.

All other official records of the association must be maintained within the state for at least seven years, unless otherwise provided by general law. Notwithstanding, all election records, including electronic election records, must only be maintained for one year from the election.

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Did He Really Write That about Our Association on Facebook?

Did He Really Write That about Our Association on Facebook?

PRESENTS

Rembaum’s Association Roundup

The community association legal news that you can use!

The free e-magazine for Community Association Managers, Board Members, Owners & Developers

Have an association related question? Find your answer at

RembaumsAssociationRoundup.com

 

Did He Really Write That about Our Association on Facebook?

An interesting question that arises from time to time is whether the protections of the United States Constitution (and the Florida Constitution) apply within the gates of a community association. In most circumstances, in order to begin a constitutional analysis the very first step is whether there is any governmental action taking place. Clearly, in the context of a homeowners’ association resident publishing their own opinions on a blog, there is no governmental action. Even so, insofar as freedom of the press is concerned, the First Amendment to the United States Constitution reigns supreme, though not without certain limitations. In a recent Fifth District Court of Appeal case, Fox v. Hamptons at Metrowest Condominium Association, Inc., the Court had the opportunity to examine this issue.

 

In this case, association member, Fox, appealed the trial court’s order finding him guilty of civil contempt of court for violating a settlement agreement that he entered into with the association. He argued that portions of the trial court’s contempt order constituted a prior restraint on his protected speech rights under both the Florida Constitution and the United States Constitution. In short, the Court agreed.

 

The background of this case is a typical scenario where Fox failed to comply with the association’s declaration and its rules and regulations which caused irreparable harm to other owners and residents within the association. The association’s complaint also alleged that Fox was engaged in a continuous course of conduct “designed and carried out for the purpose of harassing, intimidating, and threatening other residents, the Association and its representatives.” The trial court had entered a preliminary injunction and then the parties reached a settlement agreement in which Fox agreed to cease certain activities.

 

It did not take long for Fox to violate the terms of the settlement agreement. As a result, the association filed a motion for contempt and argued that Fox willfully and intentionally violated the terms of the settlement agreement, and thus the final judgment, too. The trial court found Fox in civil contempt and, in so doing, also ordered that Fox stop posting, circulating, and publishing any pictures or personal information about current or future residents, board members, management, employees, or personnel of the management company, vendors of the association, and any other management company of the association on any website, blog, or social media. He was further ordered to take down all such information currently on any of his websites or blogs. The trial court’s order also prohibited Fox from starting any new blogs, websites, or social media websites related to the association. If anyone reached out to Fox with inquiries regarding the association, pursuant to the court’s order, he was not allowed to post a response online. Instead, he would have to call the person to express his concerns verbally.

 

On appeal, Fox argued to the Court that the trial court’s punishment violated his right to speak freely. In the end, the Court agreed that the trial court’s blanket prohibition of Fox’s online speech constituted an unconstitutional prior restraint on his free speech rights. In so doing, the Court noted that “[i]t has been established that ‘[p]rior restraints on speech and publication are the most serious and the least tolerable infringement on First Amendment rights.’” The Court also noted that the United States Supreme Court has “consistently classified emotionally distressing or outrageous speech as protected, especially where that speech touches on matters of political, religious or public concern.” The Court then cited other cases finding that statements on an individual’s blog constituted opinion speech protected by the First Amendment.

 

However, the Court wisely noted that “the right to free speech and the freedom of the press are not without their limits” and, in so doing, cited to prior United States Supreme Court opinions which reminds readers of that “[f]reedom of speech does not extend to obscenity, defamation, fraud, incitement, true threats, and speech integral to criminal conduct. Speech that does not fall into these exceptions remains protected.” If the writer/publisher prints libelous, defamatory, or an injury story, the remedy does not lie with an injunction, but rather with a claim for damages or criminal action after publication.

 

With the aforementioned in mind, the Court determined that the trial court erred when it prohibited Fox from making any statements at all pertaining to the association on his websites, blogs, and social media. Therefore, the trial court order was reversed in part, but only in regard to the complete prohibition imposed on Fox on posting on any website, blog, or social media. However, the Court also opined trial court did not err in determining that the previously agreed-upon settlement agreement could be enforced and it affirmed the contempt order. The case was then remanded back to the trial court for determination of an order consistent with the opinions of the Court.

KBRLegal.com – Sponsors of SFPMA.  Legal and Laws for Community Associations.

Rembaum’s Association Roundup

The community association legal news that you can use!

The free e-magazine for Community Association Managers, Board Members, Owners & Developers

Have an association related question? Find your answer at

RembaumsAssociationRoundup.com

 

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Is your Community having a Holiday Party? Five holiday party ideas

Is your Community having a Holiday Party? Five holiday party ideas

Holiday Parties Sure To Please Your Residents

Brought to you by State of Florida Property Management Association  –  https://www.SFPMA.com

The holidays provide the perfect opportunity to bring your neighbors together to celebrate the season. When you have community amenities such as a clubhouse, there’s no need for a neighbor to go through the hassle of hosting your HOA holiday party at his or her home.

Want to throw a holiday party that will bring residents of your community together for a fun-filled evening? Here are five holiday party ideas that are sure to please your residents:

  1. Tacky Sweater Party

While so cliché these days, hosting a tacky sweater party is a great way for residents to break the ice and start mingling with each other. The ugly holiday sweater that was once popular in the 80s is making a big come back, and residents can easily find this festive attire online or come up with their own creations. Encourage residents to channel their inner-tackiness by offering prizes for the ugliest sweaters. If hosting the party at your neighborhood clubhouse, you can spruce up your community amenities for the event with bright-colored lights, oversized holiday inflatables, and tinsel-filled trees.
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FREE Condominium   Board Member Certification Classes

FREE Condominium Board Member Certification Classes

FREE Condominium 

Board Member Certification Classes by our Members> Royale Management Services

Board Certification

This course takes place the 2nd Monday of every month. The course is sponsored and held at the offices of Royale Management Services, Inc. located at 2319 N Andrews Avenue, Fort Lauderdale FL 33311. Refreshments and networking will begin at 5:30 PM and the presentation will begin promptly at 6:00 PM. Reservations are Required!

This is a hands on class that will help you understand: the basics of how to keep yourself and your association out of trouble, what’s legal and what’s not, what it means to be a fiduciary, how boards should function, what records must be kept, what kind of financial information you should get, how to use that information and much more.  We take a managers approach to getting things done, avoiding problems and protecting both the integrity of the association and that of the board. Best of all we will provide plenty of time for questions and examples.

For Reservations call 954-563-1269 between 9AM and 5PM Monday through Friday.  Seating is limited so make your reservations early.

This class meets the Florida state requirements for board certification and has been approved by The Division of Florida Condominiums, Timeshares, and Mobile Homes. It meets the requirements Florida 718.112 for Condominium Association Board Members.

 

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SUMMER IS HERE: GRILLING RULE VIOLATORS RISK FINES/IMPRISONMENT

SUMMER IS HERE: GRILLING RULE VIOLATORS RISK FINES/IMPRISONMENT

SUMMER IS HERE:  GRILLING RULE VIOLATORS RISK FINES/IMPRISONMENT

by Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

 

The Florida Fire Prevention Code (FFPC) prohibits cooking, using or storing gas or charcoal grills on balconies.   This prohibition also includes fire pits and any other use of fire or flame devices.

The Code also prohibits the storage or use of liquid propane (L.P.) gas in quantities greater than one pound above the first floor in any apartment or condominium. Thus, L.P. gas grills cannot be stored on a balcony. It is important to note that neither can L.P. gas cylinders be stored inside the residential unit or anywhere above the first floor.

Electric grills had been permitted in years past, but the FFPC was amended, effective December 31, 2011, to prohibit their use as well.  The current regulation provides that no hibachi, grill, or other similar devices used for cooking, heating, or any other purposes can be used or kindled on any balcony, under any overhanging portion, or within ten feet of any structure (other than one- and two- family dwellings).  A subsequent amendment in 2014 also prohibited storage of these items.

The only exception to this rule is that listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer’s instructions may be permitted.

Smoking, while not prohibited by law, also can be regulated under individual association rules.

 

What enforcement action will be taken for violators?

The local enforcement procedures and penalties for failure to comply with the Florida Fire Prevention Code, or the Uniform Fire Safety Standards, are found in Broward County Local Amendments to the Florida Fire Prevention F-101.4.

The ordinance states that violators of the fire code may be prosecuted in the same manner as misdemeanors; and, upon conviction, they may be punished by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed 60 days or both.

The ordinance also states that fire inspectors may issue civil citations to violators. A separate citation may be given for each violation, and each day that a violation continues is a separate offense. If the citation is not contested the penalty is $50.00, plus court costs of $8.00. If a violator chooses to contest the citation and is convicted, the judge may impose a penalty up to $500.00 plus court costs for each violation.

 

Safety Tips from the National Fire Protection Association

Don’t let fire make your summer memorable for the wrong reasons.  The National Fire Protection Association offers these grilling safety tips:

  • Propane and charcoal BBQ grills should only be used outdoors.
  • The grill should be placed well away from the home, deck railings and out from under eaves and overhanging branches.
  • Keep children and pets away from the grill area.
  • Keep your grill clean by removing grease or fat buildup from the grills and in trays below the grill.
  • Never leave your grill unattended.

It pays to be safe at all times. Protect yourself, your neighbors and your property.

 

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ARE WE TOO COMPLACENT ABOUT HURRICANE PREPARATION?

ARE WE TOO COMPLACENT ABOUT HURRICANE PREPARATION?

ARE WE TOO COMPLACENT ABOUT HURRICANE PREPARATION?

Steven J. Weil, president, Royale Management Services

by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM, president, Royale Management Services, Inc.

It’s likely that we don’t have to react with any great urgency this summer to the long-term threat of sea level rising, but it’s probably a very good idea to think seriously about hurricane preparation right now.

Floridians may have become a bit complacent about hurricanes, knowing that South Florida has not been hit by a major hurricane since 2005.  However, hurricane researchers tell us that the current 11-year drought in the Sunshine State is almost twice as long as the previous one of six years’ duration (from 1979-1985).  They warn that it’s just a matter of time before storms start coming this way again.

Association residents have some options, depending upon the strength of a storm.

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I made new sales by going to Condo & HOA Board meetings!

I made new sales by going to Condo & HOA Board meetings!

With the numbers of service companies that are competing for work in the Property Management Industry I get these questions asked almost every day. How can my company increase sales?  How can I get in front of the decision makers? 

Both are great questions, So you want to get in front of the decision makers letting them know what your company does and how your services can help them. We feel strongly about joining with others in an Industry Organization or Association, one that is committed to the industry you are trying to get work from.

First Look at how much they charge. There are so many that charge from 400 up to over 700 per year to be listed on their directory. We ask you to understand that many of these organizations and associations charge service companies more than other members, why would that be. Well they know that you want to join and get noticed they charge you more because there are more service companies looking to do this. We think this is unfair taking money out of the pockets of hard working companies. The property managers, property owners, landlords, should be the ones paying more to find the Top Professionals that are listed and ready to help save them on the services they provide.

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The Falcon Group Acquires Maxim Management Group

The Falcon Group Acquires Maxim Management Group

MIAMI–In July 2016, The Falcon Group completed its acquisition of Maxim Management Group, an industry-leading project management and owner’s representation firm in Miami, Florida. The recent acquisition advances The Falcon Group’s mission of providing full-service engineering, architectural and project management solutions to the multi-family residential, commercial and hospitality market sectors.

 

News The Falcon GroupAs part of said acquisition, Max Sadik joins The Falcon Group as a Restoration Specialist. He is an experienced business operator and certified general contractor in the State of Florida. “I am excited to bring my sales and management experience to The Falcon Group,” says Sadik. “And believe there is going to be great synergy between myself, the team and our clients moving forward.”

 

The combination of the two companies will increase the value The Falcon Group delivers to its client base. “We are very excited about our recent business venture, said Principal William Pyznar. “Adding the local project management and general contracting background to our already strong restoration engineering and management team will bring a deeper level of insight and service to our clients in Southeast Florida. We look forward to providing a focus on clear, constant, transparent project communication and value engineering to exceed the expectations of our clients, with long-term durability in mind.” 

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