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

CEU course “Navigating the FFHA: Assistance Animal or Pet?” next week on Feb. 20th. Alan Schwartzseid of KBR Legal.com

CEU course “Navigating the FFHA: Assistance Animal or Pet?” next week on Feb. 20th. Alan Schwartzseid of KBR Legal.com

  • Posted: Feb 20, 2024
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We are presenting the CEU course “Navigating the FFHA: Assistance Animal or Pet?” next week on Feb. 20th. Alan Schwartzseid from KBR Legal.com will be the instructor.

Use the link to enroll for free: 

Feb 20, 2024 02:00 PM
Presented by Alan Schwartzseid, Esq., of Kaye Bender Rembaum Learn about the HUD regulations and Florida Legislation pertaining to assistance animals, as well as common issues concerning assistance animals and addressing requests by residents for reasonable accommodations. Provider #: 0005092 | Course #: 9631847 | 1 CE credit in OPP or Elective
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Join our webinar Feb 22 @ 12Noon, on ‘Planning the Project: What to Look for in a Contractor.’

Join our webinar Feb 22 @ 12Noon, on ‘Planning the Project: What to Look for in a Contractor.’

  • Posted: Feb 20, 2024
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This Thursday, February 22, discover the secrets of successful projects! Join our webinar on ‘Planning the Project: What to Look for in a Contractor.’

Gain insights on selecting the right contractor for your property management needs.

Register now:  

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Understanding Your Lake   “Our Lake Was Never Like This Before”

Understanding Your Lake “Our Lake Was Never Like This Before”

  • Posted: Feb 18, 2024
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A lake is a living, and ever evolving thing. Many people think a lake is static and unchanging like a swimming pool.
Often, we hear “I’ve lived on this lake for years and it’s never been like this before. What’s going on?”
The simple answer is: You’re lake is getting older and as it matures it’s going to go through changes. This is
especially true in South Florida since most of our lakes are man made, shallow and quite new in comparison to the natural lakes that occur in other parts of the country.
To add to the situation, our lakes are connected directly to storm water drains and canals, increasing sources of input. Community lakes may provide nice scenery but their primary purpose is to catch and hold rainwater from storms so our neighborhoods don’t flood. That water carries with it anything it picks up as is flows across our properties, down the streets, and through our developments. Items such as dirt, fertilizer, grass clippings, pet waste, leaves, and petroleum products are carried into our lakes via storm flow and accompanying winds where they begin to accumulate.
Everything from lake depth to water chemistry is changed (ever so slightly) every rainy season. Year after year the subtle changes build until finally, the cumulative result becomes visually obvious. Another source for change that often goes unnoticed is the constant barrage of new weeds and plants introduced to our lakes by wildlife. Waterways provide an oasis and convenient habitat for migrating water birds. Every season they travel great distances, hopping from lake to lake; carrying new weeds and transferring them to each water body as they go.
Therefore, if the observation is “Our lake wasn’t like this 5 years ago.” The response is “That’s because it’s not the same lake it was 5 years ago.” The long standing relationship Allstate has had with many of its customers has given us tremendous experience in handling the changes that naturally occur with community lakes over time. Feel free to contact us and let our staff work with your specific waterway needs.
Author: Stephen Montgomery, Allstate Resource Management
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“Condo Craze & HOA’s” on YouTube with Eric Glazer Sundays 11am-12noon.

“Condo Craze & HOA’s” on YouTube with Eric Glazer Sundays 11am-12noon.

  • Posted: Feb 14, 2024
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“Condo Craze & HOA’s” on YouTube with Eric Glazer Sundays 11am-12noon.

February 18 @ 11:00 AM – 12:00 PM

“Condo Craze & HOA’s”

on YouTube with Eric Glazer

Sundays 11am-12noon.

Eric M. Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2 decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board certified by The Florida Bar in Condominium and Planned Development Law and the first attorney in the State that designed a course that certifies both condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state.

Mr. Glazer is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

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Elevate Your HOA and Condo Collections with Axela!

Elevate Your HOA and Condo Collections with Axela!

  • Posted: Feb 02, 2024
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Discover why Axela stands out as the ultimate choice for managing your community’s finances and collections.

Axela is here to revolutionize your HOA experience from streamlined processes to advanced features.

 

HOW THE FUTURE COLLECTS

Axela Technologies is dedicated to helping create streamlined accounts receivable and collections tools for management companies, condo and homeowners associations and others in the real estate industry.

Our proven collection tools help community associations realize higher returns and lower delinquency ratings.

Axela is not a debt collector. But, our team understands collections and has expertise in the real estate accounts receivable space. Axela licenses its software to specially-selected third-party collection agencies who emphasize a culture of debtor choice and empowerment and compliance with applicable law, including the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA).

Our focus is on building tools that assist community association capital recovery. Our team of developers is constantly working to build new and improved technologies to ease and speed up the collections process.

Integrates with your Accounting Platform

In order for Condo and HOA collections to be successful, action must be taken quickly, and information must be accurate. Our tools integrate with various accounting software to gather the data required to begin a collections file.

Accurate, Up to the Minute Records

Using Axela’s software, you can effortlessly gather thousands of data points from our integration partners to have a complete picture of what position a delinquent unit and its owner are in.

The tools available in Axela’s toolbox range from calculating the value of a property, to determining if it’s in an equity position, to assistance in locating a unit owner and determining their financial position.

Respectful Treatment of Homeowners

We empower the engagement of your HOA members in a respectful manner to resolve your cash flow issues. When owners are not paying their assessments you need a HOA collection solution NOT a lawyer.

Committed to Condo & HOA Collections Technology and Advancement

An HOA collection agency must use an FDCPA-compliant process, first and foremost. But our exclusive focus on Community Associations and Management Companies makes us go deeper than the basic requirements when designing collections tools.

Our team has years of experience in the industry, from directly managing condos and HOAs, to serving on boards, to working with other industry vendors.

We work constantly to cultivate relationships in the industry so you can benefit from technologies built to suit your specific needs.


 Axela’s platform can easily review your delinquency issues and provide a customized collections plan.

We help recover funds utilizing information acquired from your association, third-party data aggregators, and credit reporting agencies.

We will refer you to highly trained and accredited collectors who work respectfully with your association members to resolve delinquencies as quickly as possible.

Call Us
 305-392-0389

Technical Support
 support@axela-tech.com

Sales & General Inquiries
 admin@axela-tech.com

 

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Deep Dive on Insurance Deductibles – by Cohen Law Group

Deep Dive on Insurance Deductibles – by Cohen Law Group

  • Posted: Feb 02, 2024
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In almost every homeowner’s insurance contract, there is a deductible that the homeowner is
required to pay before insurance proceeds become due and owing. Many times, the amount of the
deductible is dependent on whether the claim is a hurricane loss or a non-hurricane loss. Although
homeowners can obtain lower deductible amounts, usually by paying higher premiums, a vast
number of policies in Florida contain higher deductibles for hurricane losses than non-hurricane losses.
A very basic way of looking at the deductible, if the homeowner has a deductible of $5,000 on a
hurricane claim, the loss must have a value of more than that $5,000 before the insurance company is
required to pay any funds for the loss. If the value of the claim is below $5,000 that is typically referred
to as being below deductible. If the claim is valued at $6,000 then the insurance company will reduce
the payment by the $5,000 deductible, as the homeowner is responsible for paying this for the repairs,
and will make a payment to the homeowner for $1,000.

I often speak with homeowners who will receive a small payment for their damages that was
reduced by the deductible. Many homeowners are under the impression that because the amount paid
was reduced by the amount of the deductible, that the deductible has been paid. This is not the case. In
its simplest form, if the homeowner needs $20,000 for the damages and there is a $5,000 deductible,
then the homeowner will receive $15,000 and will be required to pay out of pocket the $5,000
deductible.

Florida statute 489.147 (2023) addresses prohibited property insurance practices. The statute
states that the “consumer is responsible for payment of any insurance deductible.” Subsection (3) states
that it is a felony of the third degree to pay, waive, or rebate any part of the insurance deductible with
the intent to injure, defraud, or deceive.

It is important for homeowners to understand how their policy works and specifically, what type
of costs the homeowner could be liable for when shopping for insurance. Many times, I believe, it is
better to pay a little extra in premium for a lower deductible than to be subject to much larger hurricane
deductibles.

Brandon Pharis, Esq.

Cohen Law Group

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Now is the perfect time to start planning for the upcoming construction season!

Now is the perfect time to start planning for the upcoming construction season!

  • Posted: Jan 26, 2024
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Now is the perfect time to start planning for the upcoming construction season!

At Falcon, we understand the challenges communities face when it comes to site improvements. That’s why we offer comprehensive engineering services to help you tackle these projects effectively.
Contact us today for a free consultation and proposal and let us help you transform your community into a better place to live.

Are you tired of the deteriorating condition of the roadways in your community?

Is drainage becoming a major concern during heavy rains?

Are the retaining walls in your neighborhood showing signs of wear and tear?

If so, it’s time to take action! 


Planning and executing site improvement projects can be a complex process. From roadway resurfacing to tennis court replacement, these projects require careful planning and development.

Now is the perfect time to start planning for the upcoming construction season.

At Falcon, we understand the challenges communities face when it comes to site improvements. That’s why we offer comprehensive engineering services to help you tackle these projects effectively.

Our team can assist you with feasibility studies, design plans, construction documents, bidding, and even construction management services.

Don’t wait until it’s too late. Take advantage of the construction off-season to plan your site improvement project.

Contact us today for a free consultation and proposal and let us help you transform your community into a better place to live.

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The Falcon Group – An industry-leader providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

The Falcon Group – An industry-leader providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

  • Posted: Jan 25, 2024
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The Falcon Group is an industry-leader providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. Our engineers will inspect all materials used to ensure the strength and stability of your structure from low-, mid-, to high-rise structures and facilities. Falcon’s engineers pride themselves on ensuring the services and recommendations provided to each of our clients are held at the desired level of individualized care and attention.

  • High Rise & Mid Rise Façade Inspections & Repair/Restoration/Replacement

  • Stucco & Exterior Insulation Finish Systems (EIFS) Evaluations & Repair

  • Mid Rise & Low Rise Siding Inspections & Repair Replacement

  • Roof Inspections & Repair/Replacement

  • Water Infiltration Investigation & Remediation

  • Window & Door Replacement Design

  • Balcony & Deck Repair/Restoration/Replacement

  • Foundation Inspections & Waterproofing

  • Firewall / Fire Separation Assembly Inspections & Remediation

 


View our new brochure, learn how we can help you with the services we provide. 

Falcon-Florida Brochure

MIAMI
15405 NW 7th Avenue in Miami, FL 33169
Phone: 305-663-1970
marketing@thefalcongroup.us
WEST PALM BEACH, FLORIDA
5651 Corporate Way, Suite 4, West Palm Beach, Florida 33407
Phone: 561-290-0504
marketing@thefalcongroup.us
TAMPA BAY
1211 1st Avenue, N., Suite #106, St. Petersburg, FL 33705
Phone: 813-438-3568
marketing@thefalcongroup.us
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5 Questions to Ask When Setting Long-term Lake & Pond Management Goals by SOLitude

5 Questions to Ask When Setting Long-term Lake & Pond Management Goals by SOLitude

  • Posted: Jan 23, 2024
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5 Questions to Ask When Setting Long-term Lake & Pond Management Goals

Winter seems to be the time of year that we all think about goals. Whether it’s assessing how successful we were at achieving previously made goals or setting new milestones to achieve, the long cold nights seem to make us all reflect a little more. This time of year is also perfect for evaluating and setting long-term goals for lakes, ponds, and stormwater facilities. As aquatic resource management consultants, these goals are critical to deciding the who, what, when, where, why and how of managing each client’s waterbody.

Setting and exceeding long-term goals for freshwater resources requires the understanding and discussion of many factors. Each waterbody is unique, and each client is unique. In order not to get lost, focusing on the following five factors can make your goals measurable and, ultimately, achievable:

1. What type of waterbody is being managed?

This question seems to be very simple, but it is deceptively complicated. For example, some people live in communities with stormwater management ponds that are the focal point of the community. Even in cases like this where pond aesthetics are important, pond maintenance services still must focus on ensuring that stormwater functions are working properly. Alternately, a drinking water reservoir is going to be managed much differently, as is a recreational lake or mill pond.

Stakeholder goals - on the job- team picture - meeting with clients - event - solution

2. Who are the stakeholders?

A bio-swale in a retirement community and a 300-acre lake with public access are going to have different stakeholders and decision makers. Making sure the correct people are involved in goal setting is important to consider before a pond management plan is designed. Often, there are many stakeholders with different goals for the same waterbody, so it’s important to take into account each group’s expectations when developing a lake management plan.

family fishing - pond fishing - lake fishing - hobby fishing - trophy fishery - fish services - fish stocking - electrofishing - fish feeders - fish prey - grow big fish - bass fishing - pond liming 9

3. What is the waterbody going to be used for?

Just as there are different types of waterbodies, there are many different uses of waterbodies. A private farm pond can be managed for waterfowl and fish habitat. A lake association may want swimming and recreation to be the primary use of their waterbody. Deciding the primary uses of the lake, pond or stormwater facility is another primary driver of successful goal setting.

stormwater inspection lake and pond management - stormwater drain - rock wall - regulatory permitting - john phelps - de - 4

4. What are the regulatory requirements and restrictions?

Each jurisdiction has a unique set of regulations. In order for a long-term pond management plan to work, understanding which strategies can and cannot be used is fundamental to goal setting. For example, triploid grass carp are an excellent natural aquatic vegetation management option in some states, but are illegal to stock in others. Working with a professional lake manager will help ensure that you are in compliance with any local, state or federal regulations.

5. What is the budget for the waterbody?

Budget is often the factor in the speed at which certain goals can be attained, but it does not have to be the limiting factor in success or failure of a goal. A smaller budget can be used creatively to systematically tackle the small hurdles on the way to those bigger milestones. As a rule of thumb, practicing proactive pond management is much more cost effective than addressing water quality problems that have gotten out of hand.

professional lake management company understands the importance of collaborating with clients to address and answer these five questions early on in the management process. From there, long-term goals that are measurable and achievable can be set. With time and patience, goals like reducing phytoplankton algae cell counts or phosphorous levels by a specified amount can be achieved.

Goal setting should begin with the first conversation. Through planning and communication, a diverse lake and pond management firm works with each client to create goals that guide the strategies and techniques applied to their unique aquatic ecosystem. Ultimately, a successful pond management program considers attainable goals, as well as the ever-changing variability of Mother Nature and our human impact.

 

WEBINAR: HOA BOARD MEMBER CERTIFICATION

WEBINAR: HOA BOARD MEMBER CERTIFICATION

  • Posted: Jan 22, 2024
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WEBINAR: HOA BOARD MEMBER CERTIFICATION

01/23/2024  2:00 pm – 4:15 pm

Presented by GRS Management | Provided by Kaye Bender Rembaum (0005092) | Course # 9630140 | Instructor: Alan Schwartzseid, Esq.

This webinar covers the essentials of HOA board membership, and is updated regularly to remain current with Florida legislative amendments. In addition, this webinar satisfies Florida’s requirement for new HOA board members. It also serves as an excellent refresher course. Licensed CAMS will receive two (2) CE credits as IFM or ELE.

Enroll for free HERE.

 

The Estoppel Fee Debate by Eric Glazer

The Estoppel Fee Debate by Eric Glazer

  • Posted: Jan 16, 2024
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When a unit owner wants to sell their home, the buyer wants to make sure that the seller does not owe the association money. You see, if the buyer buys the property without making sure the condo, co-op or HOA isn’t owed any money, the new buyer will be stuck with the unpaid bill if there is one.  So, the new buyer wants to get what’s called an “estoppel certificate” from the association stating precisely what is owed to the association on that unit.   This will be paid at the time of closing and the buyer can now sleep well, knowing they are up to date with assessments owed to the association.

So the question is……..who gets paid to prepare this “estoppel letter” for the new buyer and how much does it cost?  Well, for condominiums, HOAs and co-ops, there is a current statute that addresses this.   Florida Statute 718.116, 719.108 and 720.30851 respectively.

The statutes state that the estoppel certificate must contain all of the following information and must be substantially in the following form:

1. Date of issuance:

2. Name(s) of the unit owner(s) as reflected in the books and records of the association:

3. Unit designation and address:

4. Parking or garage space number, as reflected in the books and records of the association:

5. Attorney’s name and contact information if the account is delinquent and has been turned over to an attorney for collection. No fee may be charged for this information.

6. Fee for the preparation and delivery of the estoppel certificate:

7. Name of the requestor:

8. Assessment information and other information:

ASSESSMENT INFORMATION:

a. The regular periodic assessment levied against the unit is $  per   (insert frequency of payment)  .

b. The regular periodic assessment is paid through   (insert date paid through)  .

c. The next installment of the regular periodic assessment is due   (insert due date)   in the amount of $ .

d. An itemized list of all assessments, special assessments, and other moneys owed on the date of issuance to the association by the unit owner for a specific unit is provided.

e. An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the estoppel certificate is provided. In calculating the amounts that are scheduled to become due, the association may assume that any delinquent amounts will remain delinquent during the effective period of the estoppel certificate.

OTHER INFORMATION:

f. Is there a capital contribution fee, resale fee, transfer fee, or other fee due?  (Yes)  (No). If yes, specify the type and the amount of the fee.

g. Is there any open violation of rule or regulation noticed to the unit owner in the association official records?  (Yes)  (No).

h. Do the rules and regulations of the association applicable to the unit require approval by the board of directors of the association for the transfer of the unit?  (Yes)  (No). If yes, has the board approved the transfer of the unit?  (Yes)  (No).

i. Is there a right of first refusal provided to the members or the association?  (Yes)  (No). If yes, have the members or the association exercised that right of first refusal?  (Yes)  (No).

j. Provide a list of, and contact information for, all other associations of which the unit is a member.

k. Provide contact information for all insurance maintained by the association.

l. Provide the signature of an officer or authorized agent of the association.

SO HOW MUCH CAN YOU CHARGE TO PREPARE AN ESTOPPEL LETTER?

An association or its authorized agent may charge a reasonable fee for the preparation and delivery of an estoppel certificate, which may not exceed $250, if, on the date the certificate is issued, no delinquent amounts are owed to the association for the applicable unit. If an estoppel certificate is requested on an expedited basis and delivered within 3 business days after the request, the association may charge an additional fee of $100. If a delinquent amount is owed to the association for the applicable unit, an additional fee for the estoppel certificate may not exceed $150.

So, as you can see, someone preparing an estoppel certificate can charge in some cases up to $500.00.  This fee is typically paid for by the seller of the unit or home.  Management companies and law firms both say ka-ching when they are asked to prepare an estoppel certificate.

Well, if that sounds unfair to you, it also sounds unfair to Florida Senator Jonathan Martin and Representative Persons Mulicka.  Each of them have now filed bills which would preclude associations from charging for estoppel letters whatsoever.  It has resulted in massive pushback from management companies and law firms alike, each of whom are the ones normally getting paid to prepare these estoppel certificates.

On the one hand, attorneys and management companies say that they deserve to get paid for preparing estoppel certificates because there are a lot of questions to answer and there is potential liability if they prepare it incorrectly. Moreover, they take the position that only the seller should pay for the estoppel certificate because only the seller is trying to sell their unit.  Why should that cost be put on every other owner in the community?

On the other hand, there is an argument that management companies are already paid to keep the ledgers of every owner.  It shouldn’t take more than a few minutes to let someone know what a unit owes.  Therefore, they shouldn’t receive an extra penny for preparing an estoppel certificate.

So which side is right?  I think there are good arguments on both sides and we can debate this forever.  You have to wonder though that if the fees that you’re allowed to charge were half of what they are now, would this ever have become a fight?  I don’t think so. I do think a compromise wouldn’t be bad here.

What do you guys think?

Written by Eric Glazer