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Florida Insurance Journal Report:  Claims Litigation Not Named as Major Factor in Florida Insolvencies

Florida Insurance Journal Report: Claims Litigation Not Named as Major Factor in Florida Insolvencies

  • Posted: Jul 28, 2023
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Head Scratcher? Claims Litigation Not Named as Major Factor in Florida Insolvencies

 

Despite years of complaints from Florida property insurers and some lawmakers that out-of-control claims litigation was destroying the industry, recent regulators’ reports about the reasons for insolvencies make little mention of the “L-word.”

The omission has prompted some head scratching and new questions by policyholder representatives.

“That’s ridiculous,” said Gina Clausen Lozier, a south Florida plaintiffs’ attorney. “You’d think with all the concerns about litigation in the last few years that would be number one on the list.”

The Florida Department of Financial Services’ Division of Rehabilitation and Liquidation posted its 2022 Annual Report in April. It recently caught the eye of advocates for homeowners, policyholders that have seen premiums spike in Florida while at least 10 insurers have become insolvent since early 2021. The R&L report’s page 7 lists “factors contributing to insolvency,” including:

  • Inadequate capitalization or asset deterioration
  • Improper management
  • Insufficient claim reserves
  • Rapid premium growth
  • Inappropriate transactions with affiliates or subsidiaries
  • Inadequate premium rates
  • Natural disasters or catastrophic losses
  • Change in business conditions
  • Reinsurance market issues.

Claims litigation, which industry supporters have often called the number-one reason for insurers’ financial troubles in Florida, and which led to major legislative reforms in the last five years, is not mentioned directly in the report. That suggests that insurance company leadership and corporate structure, not trial lawyers, are more to blame for mismanaging operations and failing to maintain adequate reserves, said Doug Quinn, executive director of the American Policyholder Association, a national, non-profit group that advocates for investigations into insurers’ claims practices.

“All of the finger-pointing and scapegoating at consumer fraud, excess litigation, and roofing scams are just to divert attention away from what’s really going on behind the scenes,” Quinn said. “There’s a lot of finger-pointing at outside parties, but failing at business is an inside job.”

A Department of Financial Services official, responding to questions from Insurance Journal, said claims litigation is a factor behind the factors listed in the report. The R&L annual report examined insolvencies from 2017 through 2022, including the liquidations of St. Johns Insurance Co., Avatar Property and Casualty Insurance, and Southern Fidelity Insurance, said Devin Galetta, communications director for Florida’s chief financial officer, Jimmy Patronis.

“While the words ‘claims litigation’ do not appear on that particular page, the reality is that during the period covered by these reports, 79% of the nation’s homeowners insurance lawsuits were filed in Florida while the state only accounted for 9% of the nation’s homeowner’s insurance claims,” he said in an email, citing an oft-quoted statistic compiled by the Florida Office of Insurance Regulation, based on data from the National Association of Insurance Commissioners.

“‘Claims litigation’ is a driving factor for many of the listed insolvency factors, including asset deterioration, insufficient claims reserves, inadequate premium rates, reinsurance market issues and changing business conditions,” Galetta said.

He added that litigation is not the only force behind recent insolvencies. “But it is a throughput that causes a wide variety of disruptions to the insurance market as initial estimates of a storm’s cost continue to increase for months or years after a storm makes landfall, due to litigation costs.”

Other factors include sharply rising reinsurance prices and inadequate premium levels, which are included in the report.

The spike in reinsurance rates in the last three years reflects excessive claims litigation as much as anything, said Kevin Comerer, a consultant and registered lobbyist with Rubin, Turnbull & Associates, in Tallahassee. He was previously legislative director for a major Florida property insurer. Comerer noted that reinsurers have pulled back from the Florida market and have raised prices in large part because litigation soared between 2018 and 2023.

“You were seeing losses in year two and three that were equal to or greater than year one after a hurricane, and that was all because of an explosion of roof claims and lawsuits,” he said.

The R&L annual report isn’t the only regulatory document that doesn’t emphasize litigation as a driving force.

The division is required by state law to produce port-mortem reports each time an insurer is deemed insolvent. The division’s website lists insolvency reports only through 2019, but Galetta provided initial reports for four insurers that went out of business in 2022 and 2023: United Property and Casualty Insurance Co.; FedNat Insurance; Weston P&C; and Southern Fidelity.

In two of those reports, for FedNat and for Weston, claims lawsuits, litigation and attorneys fees were not listed.

“Despite significant capital infusions in 2020 and 2021, FNIC’s surplus as regarding to policyholders continued to decline,” the 7-page FedNat report notes. “Additional factors included poor operational results, limited access to additional capital, and a jeopardized financial stability rating.”

For Weston, the division said weather events played a significant role.

“The company had insufficient assets or reinsurance to pay potential claims to policyholders during the 2022-2023 Atlantic Hurricane season,” the report said. “Despite actions taken by Weston to improve its financial condition, including a Capital Management Plan and Risk Based Capital Plan, Weston’s surplus as regards policyholders continued to deteriorate and ultimately led to the company’s referral for delinquency proceedings.”

For United and Southern Fidelity’s delinquency proceedings, lawsuits were named as one contributor.

“UPCIC’s losses over multiple years affected its surplus,” the United report noted. “The large percentage of litigated claims drove up its costs. The $140 million reserve deficiency related to Hurricane Ian in September 2022 resulted in the company’s referral to the Department for delinquency proceedings.”

Florida insurance defense attorneys, carrier executives, industry lobbyists and prominent legislators in recent years have also pointed to assignment-of-benefits agreements as a major problem, leading to wildly inflated roof and water-damage claims and unnecessary litigation. The Florida Legislature in 2019 approved measures to limit AOBs. In 2022, lawmakers barred one-way attorney fees in AOB litigation, then outlawed AOBs altogether.

Only the Southern Fidelity insolvency report lists AOBs as a factor.

“Litigated claims related to Assignment of Benefits claims drove up costs in 2014-2015,” the report reads. “Losses from Hurricane Ida in 2021 are projected to exceed the top of the company’s catastrophe reinsurance tower. Ultimately, Southern Fidelity’s failure to secure a reinsurance program for the 2022 hurricane season and the late development of reserves for Louisiana claims exhausted the remaining surplus which resulted in the company’s referral for delinquency proceedings.”

Quinn and others have maintained that litigation has played a smaller role in financial losses than industry leaders have said, and intricate corporate structure and “profit shifting” are more to blame. At the May 2022 Florida special session on insurance reform, several Democratic lawmakers, including then-state Sen. Gary Farmer, D-Broward County, said that a number of companies had diverted profits to managing general agencies, leaving the actual insurance companies with inadequate reserves.

Quinn suggested the DFS reports bear that out with their references to “inappropriate transactions with affiliates or subsidiaries.”

“Properly managed and reserved companies do not go under,” Quinn said.

Industry advocates have strongly disagreed, noting that most insurers would not deliberately bleed themselves dry. Instead, they have argued, under the perfect storm of Florida statutes and court decisions that evolved over the last two decades, claims lawsuits and fraudulent roof claims became a cottage industry that exploded as some plaintiffs’ attorneys took advantage of prevailing-attorney fees and fee multipliers.


Thank You to the Cohen Law Group for sending us this article.

At Cohen Law Group, It’s About Justice!

“It’s About Justice” is more than a slogan. It is our firm’s mantra. The motto was developed by our founder, Harvey V. Cohen. We are aggressive, zealous advocates for our clients’ rights. Our commitment to our clients is evident by our prompt reply to all phone calls and our 24 hour availability through our phone answering service.

Effective legal representation requires experience and dedication to protect the rights of those who have entrusted us with their legal options and rights. Cohen Law Group has successfully represented many Florida residents throughout the years in various legal matters.

 

 

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Manage your annual meetings from anywhere! with BuildingBoard, the solution that lets you manage annual meetings and elections remotely or in-person.

Manage your annual meetings from anywhere! with BuildingBoard, the solution that lets you manage annual meetings and elections remotely or in-person.

  • Posted: Jul 18, 2023
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Manage your annual meetings from anywhere!
From BuildingLink, the name you trust.

BuildingLink, the industry’s most trusted property management software, has an exciting new product!

Meet BuildingBoard, the solution that lets you manage annual meetings and elections remotely or in-person.

Save time and money!

Let us show you how we can help!

BuildingLink has an exciting new product.

Meet BuildingBoard, an e-voting and virtual meeting solution to streamline annual sessions for your properties. With this tool, you can:

·        Invite unit owners to meetings seamlessly via email

·        Send meeting reminders and add candidates to ballots

·        Host annual meetings virtually

·        Achieve quorum at every annual meeting

·        Automate voting – each unit owner votes via their computer or smartphone (whew, no more manual counting!)

Click here to learn more BuildingBoard
and start running a better meeting today!

So, go ahead and kick up your feet! Optimize all of the day-to-day business you already take care of with BuildingLink by trusting us to support your annual meetings too.

Ready to make your life easier?
Reach out to sales@buildingboard.com.

Richard Worth

Regional Sales Director – Florida

407-529-6063

Richard@BuildingLink.com

ANOTHER NEW LAW:  HB 437 — FLAGS, TURFS AND BOATS

ANOTHER NEW LAW:  HB 437 — FLAGS, TURFS AND BOATS

  • Posted: Jun 30, 2023
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ANOTHER NEW LAW:  HB 437

By Eric Glazer, Esq.

I can’t tell you how may fights I have been involved in regarding flags other than the U.S. flag flying above someone’s home and the fact that someone put down fake grass or stored a boat, that nobody can see, in their backyard.  Well, here’s a new statute that solves both of those problems:

Florida Statute 718.113

If any covenant, restriction, bylaw, rule, or requirement of an association prohibits a homeowner from displaying flags permitted under this paragraph, the homeowner may still display one portable, removable United States flag or official flag of the State of Florida in a respectful manner up to two of the following, and one portable, removable flags official flag, in a respectful manner, not 48 larger than 4 1/2 feet by 6 feet:, which represents

  1. The United States flag.
  2. The official flag of the State of Florida.
  3. A flag that represents the United States Army, Navy,  Air Force, Marine Corps, Space Force, or Coast Guard., or
  4. A POW-MIA flag.
  5. A first responder flag. A first responder flag may incorporate the design of any other flag permitted under this paragraph to form a combined flag. For purposes of this subsection, the term “first responder flag” means a flag that recognizes and honors the service of any of the following: a. Law enforcement officers as defined in s. 943.10(1).
  6. Firefighters as defined in s. 112.191(1).
  7. Paramedics or emergency medical technicians as those terms are defined in s. 112.1911(1).
  8. Correctional officers as defined in s. 943.10(2).
  9. 911 public safety telecommunicators as defined in s. 401.465(1).
  10. Advanced practice registered nurses, licensed practical nurses, or registered nurses as those terms are defined in s. 464.003.
  11. Persons participating in a statewide urban search and rescue program developed by the Division of Emergency Management under s. 252.35.
  12. Federal law enforcement officers as defined in 18 U.S.C. s. 115(c)(1), regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.

In addition, in an HOA, the homeowner may erect a 20 foot flagpole on any portion of their property and fly the U.S. flag and any of the flags mentioned above.

Florida Statute 720.3045 now states:

Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel  owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, including, but not limited to, artificial turf, boats, flags, and recreational vehicles.

I’m getting ready for lots of fights regarding visibility of boats as boat owners will look to save the costs of monthly storage.

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Communication is the key to everything and we make sure our clients and their tenants are up-to-date and informed on everything throughout the project duration

Communication is the key to everything and we make sure our clients and their tenants are up-to-date and informed on everything throughout the project duration

  • Posted: Jun 30, 2023
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Communication is the key to everything and we make sure our clients and their tenants are up-to-date and informed on everything throughout the project duration.

Emails and daily reports are sent to the client and representatives every day.


South Florida Commercial Roofing Contractor

PSI Roofing provides premium services and products by educating our clients and creating trust, respect and satisfaction while forming long-lasting relationships.

Emergency Roof Repair

PSI provides 24/7 emergency leak repair service with a 4 hour maximum emergency response time. We are qualified to make repairs to any type of roof and are approved to complete warranty repairs.

Roof Replacement

Are you looking for a commercial roofing contractor in Florida? PSI Roofing is a South Florida roofing contractor whose philosophy is to install the best roof possible in every situation.

Roof Maintenance

Regular maintenance on your commercial roof can save time and headache longterm. PSI Roofing’s maintenance program locks in your cost and provides a watertight leak free guarantee.

Asset Management

Our Roof Assets Management services include regular maintenance, custom replacement options, work history reports, annual budget summaries, warranty tracking and inspections.

Restorations

We specialize in restoring commercial properties damaged by wind, fire and other disasters. We offer all of the needed assistance to complete your building restoration and get back in business.

Waterproofing

Extend the life of your roof by having PSI install a waterproofing and coating system. These waterproofing solutions can also be installed on parking decks, masonry and exterior walls.

Contact us for your roofing Needs!

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We Make your business shine on the web with a creative website!

We Make your business shine on the web with a creative website!

  • Posted: Jun 30, 2023
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We Make your business shine on the web with a creative website! Grow your business with us!

Call us at +1 561-718-1148
AAA Computer Website and Social Media Design Company (established in 1996 ) is a premium design agency that focuses on quality, innovation, & speed. We utilize technology to bring results that grow our clients businesses. We pride ourselves in great work ethic, integrity, and end-results. Throughout the years AAA has been able to create stunning, designs in multiple verticals while allowing our clients to obtain an overall better web presence. We offer Emergency Website Repair for your existing site!
We’ve designed our entire process and products around providing everything a small businesses needs when they’re starting out – ensuring that working with us is always a quick, easy and hassle-free experience. We give our clients full control of their website without a ridiculous price tag, and our friendly team offers their expertise even after your website is live.
AAA’s philosophy is to design, develop & market products that most businesses want their customers to experience as a brand. Easy to find, stylish and appealing, quick loading, mobile responsive and easy to buy from.
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We are dedicated to the highest level of expertise in assessing the state of aging structures. Our staff is committed to saving clients time and money by determining any repair quantities during inspection.

We are dedicated to the highest level of expertise in assessing the state of aging structures. Our staff is committed to saving clients time and money by determining any repair quantities during inspection.

  • Posted: Jun 07, 2023
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Coastal areas like South Florida have a unique need for concrete rehabilitation and protection services predominantly related to assessing structural damage.

SRI Consultants, we provide the highest level of expertise in assessing the state of aging structures and are committed to saving clients time and money by determining repair quantities during inspection. With over thirty-five years of experience, and a registered professional engineer in Florida & Virginia, the president and founder of SRI, Mr. Shirish “Raj”pathak, is a NACE Cathodic Protection Specialist. We have specialists in structural engineering, civil engineering, environmental engineering and corrosion engineering at your disposal. The extra effort and attention to detail put forth by our team ensure you receive the highest quality services available to the industry.

We are dedicated to providing the highest level of expertise in assessing the state of aging structures. Our staff is committed to saving clients time and money by determining any repair quantities during inspection.

 

ARCHITECTURE

Creativity + Partnership. Our architectural services include new building design, remodeling, site planning, interior design, and historic renovation. We collaborate with independent architects to ensure the excellence of site plans, building design and finishes.

ENGINEERING

Technical Expertise. We are experts in our field with certifications from NACE and FL Board of Professional Engineers. Our team offers civil, environmental, structural and corrosion engineering services for single & multi-story structures, condos, hotel and motels, cooling towers and seawalls.

STRUCTURAL REHABILITATION

Comprehensive Solutions. Together, we have over 50 years of experience in structural rehab, offering a full range of integrated services including condition assessments, testing, specifications preparation, bid & permit prep and project management.

TESTING

Precision + Innovation. We use the most advanced tools to identify concrete defects, assess steel corrosion, and locate moisture in structures. We offer remediation services to measurably extend the life of your investments.

 

We have specialists in structural engineering, civil engineering, environmental engineering and corrosion engineering at your disposal. The extra effort and attention to detail put forth by our team ensure you receive the highest quality services available to the industry.

Part of your job as a SFPMA member is to aid us with information about your company.

Part of your job as a SFPMA member is to aid us with information about your company.

  • Posted: Apr 26, 2023
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Managers & Board Members, learn how your company can help them!

“By working together we solve problems in the Property Management Industry”

Our effective marketing helps companies set goals and grow throughout the industry. We Aid Property Management Firms, Condo Boards and HOA Communities with finding the right Property Managers and solutions for finding the right Business and Services needed for proper operations of their properties, helping them achieve their goals.

Each month many of our members are contacted to solve problems that arise. ex; At  Tax Time, Budgets, and Elections, Legal Services and thousands of Maintenance Companies. We put clients in touch with members to help with Bookkeeping, Collections, Legal Advice and Service Companies. We help Clients make the right decisions with hiring one of the association’s members.

You can search our members directory to find the companies you need!

When a request for maintenance of their buildings arises these management professionals search our Florida Directory, finding top professionals ready to meet their needs. When Property Managers hire a company listed on our directory, they trust us to find companies that work with management professionals and they hold proper licensing, insurances in the State of Florida.


Members send us company articles, Sales and Company News.  As a member you can find the submission forms on the Members Portal – Log In and find the forms to keep us informed. or send to membership@sfpma.com  Our Teams will republish these and send them out to our industry via direct emailing. Social Media, our Publications, Getting you infront of the decision makers. 

 

  • We bring many industry professionals to our website, they view the articles search the Florida directory finding members to help them. This can only happen when you send what you are doing to SFPMA.
  • Write Articles we will repost these on our blog and send these to our social media pages.
  • When you have Events, Classes, Seminars or Webinars we want to know? These are added to our upcoming events list where our industry finds top events each month.
  • Advertise: in our Magazine or on our Website Pages, members can have banners linked to their websites placed for all clients and visitors see and interact with through the link.

By keeping clients informed of what your company is doing you are on their mind.  They will learn more about you, helping them make an informed decision when hiring!

 
Write Articles, Share your Membership Page, Send us information, Many companies are already leveraging these recommendations in ways that are effectively driving sales.  Are you?

How we keep members information on the minds of industry professionals.

We use information sent to us by our members and redistribute this using our in house marketing programs, each day this is sent directly to clients using Emails, Published on our Website and Social Media pages and Groups. We want you to be seen by clients all over Florida.

 

How do you use marketing for your business?

First you have to think about who your audience is along with what you are posting to this targeted audience? – Then think about your effectiveness and reaching clients with your own company marketing efforts.  Then ask yourself are those goals being met? – When we share about your company, We target the people that are making the decisions. We inform them about the most important issues they face with building management.

With your membership you can get your company information published and sent, informing the industry professionals. Let SFPMA spread this through our network of Board Members, Property Managers and Industry Professionals.

 

The Use of Digital Advertising from our Publications, Website Banner Advertising, Industry Articles on our Blog and Direct Emails to clients all over Florida!

Our Marketing Dept is constantly posting what our members send to us, sending the information to the many Social Media Pages and Groups from FB, LI, Twitter and Others. But its the Direct Emails we send we feel make the biggest impact. Over the years we have obtained 235,000 Emails that are kept safe and secure.  Our Magazine “Florida Rising Magazine” has been published for over 9 years and sent throughout our industry this is packed with Articles, Advertising and a Directory, we thought how can we get others reading the magazine to find the top Member Companies – Put it in the Magazine! and finally Social Media, With so many people looking on their Phones Our Posting on this media keeps our members and the information they supply to us on the minds of new clients that are searching for help with their Condo and HOA Management and Operation.

 


The Members Portal:

Members can access the Members only portal when they are logged in to sfpma.  *At the top of the page you will see ( Member ( your name or Company Name) you can still post 0 listings…) < Simply CLICK YOUR NAME and access the members portal.

(SOMETIMES YOU MIGHT HAVE TO REFRESH YOUR PAGE IF ITS THE FIRST TIME YOU WILL SEE AT THE BOTTOM OF THE PAGE ACCEPT THE COOKIES)

 

On the members portal:

This is the area where you can find your account information. You can also find access to the many ways to interact with SFPMA.

A)  – Changing your password   B)  – View your Account    C)  – Renew your Membership   D)  – Write Articles and send them to SFPMA    E)  – Find your Favorites   F)  –  Submit a Sale or Product Form    G) – Send us an Event

 

This post was added when a few members stated they have not had a call for work?

Answer to this is:  We have many ways we promote what our members are doing. We use Direct Emails these are sent 3 to 4 times each week to over 235,000 Emails. Social Media these posts are copied and promoted on groups and pages managed by sfpma, along with many posts are reshared by the many people that are reading them on FB, LI, Twitter and others.

When a member does not take time to send us what their company is doing it reflects on them. They are running their company and very busy but it takes a lot more to promote what they do? yet many companies dont do that, Promotions! sfpma is always open for articles, promotions, new sales we can use to send to our industry. when we dont get anything our team uses past articles and looks at your social media and uses some of those to repost these to our clients.

If you need a person to help you with promotions, and or marketing – One of the top Marketers helping members is:

Vail Marketing Solutions

(908) 528.4087

Providing everything from a full branding overhaul and business development program to a specific marketing project or campaign.

Vail Marketing Solutions is a woman-owned, multi-service consulting firm providing marketing, communications and business development solutions for any business looking to increase their visibility and bottom line. Our approach delivers a cost-effective, customized marketing plan to fit the needs of your business and reach your goals. We will work hand in hand with you to develop your brand, tell your story and help you stand out from your competition ultimately leading to more growth opportunities.

For over 14 years, Ms. Jessica Vail has been successful in providing marketing, communications and business development solutions within the construction, engineering and real estate industries. Her passion for marketing and helping others led her to create Vail Marketing Solutions. She is a published writer and an active member of many networking organizations and committees.

What is holding you back?

You don’t have time to spend on a marketing plan and execution. You have limited resources, staff and money. You don’t know where to start. If these scenarios sound familiar, let’s talk.

Call Jessica, tell her Frankie Sent you! she has helped many companies get infront of the decision makers. She works with clients and sfpma members, for Ads on our website and our magazines.

 

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Managing nuisance algae and aquatic weeds in your lake can be challenging, but it doesn’t have to be

Managing nuisance algae and aquatic weeds in your lake can be challenging, but it doesn’t have to be

  • Posted: Apr 25, 2023
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Managing nuisance algae and aquatic weeds in your lake can be challenging, but it doesn’t have to be. Learn how proactive management solutions can help improve lake health and create an ecosystem that is less likely to develop common water quality issues.

Algae and Invasive Weeds: The Biggest Burden of Lake Managers and Owners

One of the biggest headaches lake and pond owners or managers face is nuisance growth of algae and aquatic weeds. Aquatic weeds and algae are an eyesore and a top complaint from stakeholders. People look forward to enjoying the water during the warmer months, but if nuisance growth is not prevented before spring, it may come to define your property all summer long. Poorly-maintained waterbodies can lead to disconnected communities, reduced property values, liability issues, and weak confidence in leadership.

 

Why Algae & Weeds Develop

Aquatic weeds and algae can be hard to eliminate as they are merely a symptom of more systemic water quality issues – in particular, a surplus of nutrients in the waterbody. Warm weather combined with excess nutrients can create imbalances that make lakes and ponds more susceptible to weeds and algae. These imbalances can be further exacerbated by depleted dissolved oxygen levels, poor circulation, and erosion.

A Reactive Strategy to Algae & Weed Control

Nutrients commonly enter lakes and ponds through stormwater runoff that picks up pollutants, lawn clippings, animal waste, and eroded shoreline sediment. Nutrients are released as these materials break down. If these problems are allowed to continue for too long, property owners and managers will have to turn to more reactive solutions like mechanical harvesting or EPA-registered herbicides and algaecides to eliminate nuisance growth. Though they do not address the root cause, these are often the quickest and most cost-effective strategies to quickly remove nuisance growth, and introduce an annual management program from a “clean slate.”

 

A Proactive Approach to Algae & Weed Control

Proactive management begins with in-depth water quality testing to identify water quality imbalances before they manifest. After establishing a baseline, professionals continue monitoring to spot changes and take action early on. Dissolved oxygen is essential to a healthy waterbody, so fountains and aerators are often the next step. Fountains circulate and oxygenate lakes and ponds from the surface, while submersed aerators pump oxygen-rich bubbles from the bottom. In tandem, they work to restore balance to the water column.

 

“Deactivate” Excess Nutrients for Healthy Water Quality

To target excess and unwanted nutrients directly, products such as PhoslockAlum, or EutroSORB can be used to “deactivate” or remove them from the water column. This approach typically yields long-lasting results as long as steps are taken to prevent future runoff.

littoral zone buffer management shoreline restoration and erosion controll

Halt Runoff & Maintain Healthy Water

This is where shoreline management comes in. Native plants introduced around the water’s perimeter can help slow runoff and filter out pollutants. They also help contain soil along the bank to prevent erosion. If a shoreline is too impaired, bioengineering materials and techniques can be used to rebuild it for years of erosion protection.

 


Reduced Algae and Restored Tranquility

“One of our lakes has been experiencing regular algae blooms and SOLitude’s biologist performed a comprehensive lake and water analysis to determine the cause of the problem. Recommendations were presented and the problem was resolved!”

Peter D., Community Manager


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As a community association manager, you are responsible for overseeing and managing the operations of an association

As a community association manager, you are responsible for overseeing and managing the operations of an association

  • Posted: Apr 25, 2023
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WHY WE CAN’T REVIEW LEGAL DOCUMENTS

By Rafael Aquino  ( see below the article )

As a community association manager, you are responsible for overseeing and managing the operations of an association. Board members rely heavily on their expertise and knowledge to ensure the smooth functioning of the association. However, there are times when board members may ask a CAM to assist them in tasks outside their job responsibilities.

One such task is reviewing legal documents for the association. While it may seem like a simple task, it is not something that community association managers are permitted to do. This is because reviewing legal documents requires legal expertise and knowledge, which only a licensed attorney can provide.

Certain ethical and legal obligations bind community association managers. We are not licensed to provide legal advice or services, and doing so could put our license and reputation at risk. It is essential to understand that giving legal advice or services without a license is illegal and could lead to severe consequences.

If a board member asks you to review legal documents, you must inform them that you are not permitted to do so. Instead, it would be best if you recommended that they consult with a licensed attorney specializing in community association law. This will protect your license and reputation and ensure that the association receives the best possible legal advice.

It is also important to note that if a community association manager recommends a particular provider for legal services, it is for a reason. When recommending a provider, they do so based on their knowledge and experience in the industry.

To put it in perspective, it would be like asking a dentist to perform brain surgery. While both are in the medical field, they require vastly different skill sets and knowledge. Just like a dentist would recommend a neurosurgeon for brain surgery, a community association manager would recommend a licensed attorney for legal services.

In conclusion, as community association managers, we must understand and uphold our ethical and legal obligations. Reviewing legal documents is not within the scope of our job responsibilities, and it is important to recommend a licensed attorney for such tasks. By doing so, we are protecting our license and reputation and ensuring that the association receives the best possible legal advice.


For more information about Rafael P. Aquino and Affinity Management Services

please visit www.ManagedByAffinity.com or call 1-800-977-6279

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Is There Liability for Dangerous Wild Animals in Your Community?

Is There Liability for Dangerous Wild Animals in Your Community?

  • Posted: Apr 20, 2023
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Is There Liability for Dangerous Wild Animals in Your Community?

by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

With the ever-increasing development in Florida, especially in South Florida, we are once again reminded that we live in close proximity to a number of native, exotic, invasive, and at times dangerous wild animals.

Tragically, and all too recently, in St. Lucie County an 85-year-old woman died while trying to rescue her dog from an alligator. Whether her community association will be held liable will largely depend upon what the association knew and when they knew it regarding the existence of alligators within the association’s property.

Simply put, if there is a foreseeable zone of risk, then the association’s members should be made aware of it. Phrased differently, where the association, acting by and through its board of directors, is aware or should reasonably be aware of a dangerous animal within association property, then there is a duty to act. Such action should minimally include notice to the entire community, and for those situations where reoccurrence is a likely possibility, then posting signs could be warranted, too.

What can and should happen when your community association is confronted with that unexpected wild animal that causes a disturbance or, even worse, the wild animal has become a source of imminent danger to the members of the association or their guests? Guidance is presented from Hanrahan v. Hometown America, LLC, 90 S.3d 915 (Fla. 4th DCA 2012), decided on June 20, 2012, by Florida’s Fourth District Court of Appeal. In this case, the personal representative of a deceased resident, Ms. Hanrahan (Hanrahan), sought damages for the negligent death of Mr. Hanrahan, who died from fire-ant bites sustained on the common areas of Pinelake Gardens and Estates, a mobile home park (Pinelake Gardens).

By way of background, Mr. Hanrahan was walking his dog in the common area of Pinelake Gardens known as the “Preserve.” Mr. Hanrahan claimed that he brushed up against a bush, at which point the fire ants gained access to his body. Mr. Hanrahan attempted to wash the fire ants off of his body but collapsed on the shower floor. He died two days later. During the trial, the Pinelake Gardens community manager testified that she was not aware of any resident in Pinelake Gardens being exposed to or attacked by fire ants on the premises, nor was she aware of any fire ants in the area of Pinelake Gardens where the incident allegedly occurred. She testified that Pinelake Gardens regularly contracted with an exterminator to spray insecticide, which included killing ants (not specifically fire ants). She further testified that maintenance employees would treat observed ant mounds with granules and would contact the exterminator if there was anything out of the ordinary observed.

The trial court ruled in favor of Pinelake Gardens. The trial court determined that Pinelake Gardens was not on sufficient notice of a fire-ant infestation at the area of the alleged incident, and therefore did not have a duty to Mr. Hanrahan to guard against the fire ants or otherwise take action in this situation. As a result, Hanrahan appealed. On appeal, Hanrahan claimed that the trial court improperly determined whether Pinelake Gardens could foresee the specific injury that actually occurred, instead of, as Hanrahan claimed, whether Pinelake Gardens’ conduct created a “foreseeable zone of risk.”

The general rule in regard to wild animals in Florida, as explained by the appellate court citing another case, Wamser v. City of St. Petersburg, 339 So.2d 244 (Fla. 2d DCA 1976), is that

…the law does not require the owner or possessor of land to anticipate the presence of, or guard an invitee against harm from, animals “ferare naturae” (which is a common law doctrine where wild animals are considered owned by no one specifically but by the people generally) unless such owner or possessor harbors such animals or has introduced wild animals to the premises which are not indigenous to the locality.

The Wamser case involved a shark attack, in which the city did not have any knowledge of prior shark attacks and therefore did not have any foreseeability of the possibility of shark attacks nor a duty to guard against shark attacks. As in Wamser, the appellate court in Hanrahan v. Hometown America, LLC, ruled that there was no evidence in the record to show Pinelake Gardens had any knowledge of a “ferae naturae” attack in the alleged area. The appellate court held that the presence of the fire ants was not caused by any act of Pinelake Gardens and that Pinelake Gardens did not harbor or introduce them. Furthermore, Pinelake Gardens regularly attempted, by maintenance staff and exterminators, to treat the ant mounds and other manifestations of fire ants. To add a further caveat to its ruling, the appellate court quoted from another fire-ant case, State of Texas, Nicholson v. Smith, 986 S.W,2d 54 (Tex. App. 1999), in which it was stated:

…we do not say a landowner can never be negligent with regard to the indigenous wild animals found on its property. A premises owner could be negligent with regard to wild animals found in artificial structures or places where they are not normally found; that is, stores, hotels, apartment houses, or billboards, if the landowner knows or should know of the unreasonable risk of harm posed by an animal on its premises and cannot expect patrons to realize the danger or guard against it. [emphasis added]

Thus, in the end, the appellate court ruled that there was no evidence that Pinelake Gardens knew or should have known of the unreasonable risk of harm posed by the fire ants. Even though the Hanrahan case concerned fire ants, the case could be applied by analogy to any number of wild animals that you could encounter in your community association, including, without limitation, alligators.

When it comes to injuries caused by wild animals, the board of directors should examine whether there is a foreseeable zone of danger. The question is not whether an injury occurred (as strict liability does not exist), but rather was it foreseeable that an injury could occur? If so, then the board has a duty to act. Remember, the basic rule is that if the association is aware of a dangerous animal or if it is foreseeable that a dangerous wild animal could be within the lands governed by the association, then the association has a duty to act. Importantly, please be certain to discuss the situation with the association’s legal counsel for proper guidance.

 Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of ‘Rembaum’s Association Roundup’, an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations.  His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.
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The Pros and Pitfalls of Hiring a Licensed Versus an Unlicensed Contractor

The Pros and Pitfalls of Hiring a Licensed Versus an Unlicensed Contractor

  • Posted: Apr 19, 2023
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The Pros and Pitfalls of Hiring a Licensed Versus an Unlicensed Contractor

Licensed Unlicensed Contractor IV.jpg

One of the most important questions property managers ask contractors is, “Are you a licensed contractor?” Why is it so important to know if a contractor is licensed and how do you discern a licensed contractor from an unlicensed contractor?

Let’s break this down. In Florida, contractors are required to have a license issued by the Construction Industry Board of the Florida Department of Business and Professional Regulation (DBPR) to legally operate their business throughout the state. Additionally, local building departments require an occupational license for businesses to legally perform construction services within their jurisdiction

Contractors must have special qualifications to acquire a license. Their processes and workmanship must meet specific industry standards. Licensure ensures that contractors know, and will follow, local laws and building codes.

How do you know if a contractor is licensed in the State of Florida?

Florida Statute 489 defines the requirements for all Florida-licensed contractors to legally perform contracting services in Florida. The Construction Industry Licensing Board of the DBPR is tasked with overseeing licensing. The Board regulates Florida’s construction industry, creating and enforcing rules for licensed contractors and processing licensing applications. The Board also addresses complaints against licensed contractors.

License numbers are assigned to contractors for different services they provide. For example, Beachfront’s general contractor license number is #CGC1531681. Our roofing license number is #CCC1333373. If ever in doubt, you can contact the DBPR at www.myfloridalicense.com for questions about your contractor and its licensing status. In fact, you can verify a license online given a company’s name, city or county, license number or license type. Additionally, you can contact the Florida Division of Financial Services (DFS) at www.myfloridacfo.com to confirm a contractor has all of its workers compensation insurance current.

Need another way to gauge a contractor’s licensing status? Observe its sales, marketing, and operations processes. Licensed contractors submit a legally binding estimate and contract for projects with their state license numbers attached. They have all of their sales and marketing pieces properly adorned with their company name and license information including, but not limited to, proposals, advertising, vehicle signage, and company uniforms. A licensed contractor’s staff typically work as W-2 employees and not as 1099 employees. Licensed contractors will submit for permits per Florida law for all work performed over $2,500.

What are the pros of hiring a licensed contractor?

First, a licensed contractor is vetted by the DBPR Construction Industry Board and is required to have all its workers’ compensation and general liability insurance to legally perform contracting services. Additionally, a licensed contractor must provide the DBPR with a bond, Federal Employment Identification Number (F-EIN) and credit reports for both personal and business financials to prove it is financially responsible.

Second, licensed contractors stand behind their work and issue a workmanship warranty, not only a limited material warranty. They are professional, executing projects to meet schedules on or under budget. Licensed contractors provide valuable references for customers, vendors and material suppliers. There are many pros to working with a licensed contractor, but one of the most important reasons is they can be held liable in a court of law for negligence, breach of contract or any other matter requiring a court’s authority to assist.

How can you spot unlicensed contractors?

It’s easy! Look at their bid estimates or contracts. If a contractor’s business name doesn’t match the exact business name as licensed by the DBPR, that’s a red flag that the contractor is unlicensed. If it can’t produce the correct state license information, occupational license information, workers compensation documents or associated employee names and employment information, so a customer can verify with the DBPR and DFS, the contractor is most likely unlicensed.

Here’s an example of how some unlicensed contractors operate: 

XYZ Waterproofing & Painting, Inc. is a licensed general contractor with a main office in Tampa, Florida. XYZ Waterproofing & Painting, Inc. is also a licensed roofing contractor with an office in Ocala, Florida. Both services and offices are registered with the DBPR.

A new contractor, XYZ Painting & Waterproofing, LLC (notice the twist on the company name) opens an office in West Palm Beach, Florida and performs general contracting and roofing services. However, the LLC is not legally licensed by the DBPR Construction Industry Board. Because its name is so similar to the Inc., the LLC operates as if it “shares” the general contractor and roofing licenses across the general name of “XYZ.” In fact, it does not.

Unfortunately, contractors like XYZ Painting & Waterproofing, LLC operate without recourse until a savvy customer, attorney, permit office or consultant does some background work with the DBPR to unveil the illegal, fraudulent and unscrupulous business practices. Do not depend on your material vendors or suppliers to vet contractors because they are in the business of selling products not ensuring your contractor is actually licensed or not.

What are the pitfalls of using an unlicensed contractor? 

First, contractors who do not meet the standards for licensure may not follow municipal building codes or may cut corners and deliver subpar work. In some instances, failure to follow building codes can result in issues with structural safety. At other times, a less-skilled contractor may perform tasks on the job site that void product warranties. In addition to decreasing the value of a property, bad workmanship often results in rework, wasting time and money.

In addition to rework, there are other financial consequences to hiring an unlicensed and/or uninsured contractor. If a contractor doesn’t have general liability insurance, its customer can be held responsible for any damages incurred during the course of a project on that customer’s or a neighbor’s property. For example, if you hire an unlicensed painting contractor and a painter accidentally sprays paint on a neighbor’s structure, then you are liable for damages to your neighbor’s structure. If an unlicensed contractor destroys power, sewer or water lines during the course of a project, that contractor’s customer is responsible to fix the power, sewer or water lines.

Similarly, if an unlicensed contractor doesn’t have workers’ compensation to cover its employees, a customer can be held responsible for any damages resulting from a workplace injury. If a roofer that works for an unlicensed contractor falls from the roof, the customer can be held responsible for all of the roofer’s medical bills as well as lost wages when the roofer is unable to work.

Unfortunately, being sued for damages or injuries for work performed by an unlicensed contractor is all too real. And there is limited legal recourse to the customer who knowingly hires an unlicensed contractor or allows a licensed contractor to use unlicensed subcontractors. In addition to financial responsibility for damages and injuries, customers can incur expensive legal fees trying to locate, serve and process any legal case against an unlicensed contractor and actually collect on any financial award ordered by a court.

Finally, Florida’s construction lien law allows some unpaid contractors, subcontractors, and materials suppliers to file liens against customer properties even if a customer has made payment for a project in full. What does that mean? In layman’s terms, if you pay your contractor and the contractor doesn’t pay its subs and suppliers, you can be liable to make additional payments to your contractor’s subs and suppliers. If you don’t, they can file a lien against you to secure payment.

Unlicensed contracting, depending on the situation, is often considered a felony in Florida. Where the crime occurs will dictate how it is handled. Yet not every county or city law enforcement agency handles unlicensed construction activity. All too often, a local law enforcement agency will defer victims to the DBPR to file a complaint. Unfortunately, as with most governmental agencies, DBPR’s law enforcement officers sometimes carry 200 to 300 cases per officer, so timeliness to follow up on a complaint is gravely diminished.

Special Notes:  Unlicensed contracting is a serious problem throughout Florida. If you suspect unlicensed construction activity, please contact the DBPR. Rewards are available to individuals who identify an unlicensed contractor. Always have your attorney review every contract for construction work. Call references—material suppliers and previous customers—for any contractor you hire for construction work in Florida. A reputable and legally licensed contractor will have no problem with you doing this. There are many reasons to use a licensed contractor but none are more important than avoiding costly legal battles.

About Jim:   Jim is a licensed Florida roofing contractor (CCC1329933) and Virginia roofing tradesman.  Jim has over 20 years of general construction sales experience throughout Florida and specializes in liquid applied fluid systems for commercial, industrial and high-rise residential waterproofing and roofing systems.  Jim is a Certified Applicator for brand-name manufacturers such as Sherwin Williams, GACO Western, HENRY, Tropical Roofing Products, Karnak, and Carlisle.

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