Comments: Comments Off on HB 1203: LOTS OF NEW PROTECTIONS FOR MEMBERS LIVING IN HOAs MAKES IT HARDER FOR CAMs
HB 1203: LOTS OF NEW PROTECTIONS FOR MEMBERS LIVING IN HOAs MAKES IT HARDER FOR CAMs
House Bill 1203 and SB 7046 merged to eventually create a huge bill for the protection of homeowners in HOAs. It starts by placing lots of responsibilities on community association managers.
A community association manager or community association management firm that is authorized by contract to provide community association management services to a homeowners’ association must do all of the following:
(a) Attend in person at least one member meeting or board meeting of the homeowners’ association annually.
(b) Provide to the members of the homeowners’ association the name and contact information for each community association manager or representative of a community association management firm assigned to the homeowners’ association, the manager’s or representative’s hours of availability, and a summary of the duties for which the manager or representative is responsible. The homeowners’ association must also post this information on the association’s website or application required under s.720.303(4)(b). The community association manager or community association management firm must update the homeowners’ association and its members within 14 business days after any change to such information.
(c) Provide to any member upon request a copy of the contract between the community association manager or community association management firm and the homeowners’ association and include such contract with association’s governing documents.
So what do you think so far of the new protections for members of an HOA?
What are the topics that you believe should dominate the condominium and HOA landscape? What are the issues that we may be missing or that simply deserve more coverage?
We want to hear from you! Feel free to share your questions before Sunday’s broadcast, join us with a call during the live show, or type them into the YouTube chat. The choice is entirely yours!
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Glazer and Sachs presents a forum for board members and owners to tell their side of the story. Hosted by Eric Glazer, a recognized authority in community association law, Condo Craze and HOAs offers valuable insights and lively discussions, attracting a diverse audience of homeowners and board members.
We recently published an article on how communities can speed up maintenance projects. In this article, we’ll look at how long some common maintenance jobs should take to complete.
HOAs have an obligation to maintain certain parts of the development. They must set aside a portion of the dues or fees collected from owners to pay for big and small maintenance projects. If the association fails to meet those obligations, it not only creates safety problems for members, but legal issues for the association as well.
If members feel that the board is not properly caring for the property, they can write official complaints, vote to remove board members, or even sue the HOA.
Maintenance must be taken seriously, but it is far easier to manage when you have a system or solution that enables you to organize components, schedule/assign work, and track tasks.
Defining maintenance obligations
The maintenance responsibilities of an association versus those assigned to individual owners depend primarily on whether the item or equipment is classified as part of a common area, exclusive use common area, or separate interest.
Common areas typically refer to shared spaces such as pools, sidewalks and roads. Exclusive use common areas are spaces or elements used by one or more, but fewer than all, of the owners. Separate interests are the separately owned lots belonging to members.
While some maintenance obligations are quite clear, others can be a little murky. This is especially true with exclusive common areas since they tend to be things like patios and windows. Roof maintenance may also be confusing; some HOAs cover roof repairs while others do not.
The association’s CC&Rs should detail maintenance obligations and define who is responsible for what. But if there is some uncertainty, boards are advised to refer to civil codes and/or consult with the HOA’s attorney.
Why timelines matter
There are several reasons why time matters when it comes to maintenance projects. The main one is so staff and management can plan for disruptions and costs. However, there are times when maintenance work will impact owners, and they will also need to know approximately how long the work will impact their day-to-day lives.
For example, if a parking lot is being repaved, owners will need to be informed of the work, they will need to move their vehicles before the work begins, and know how long they will have to find temporary parking.
Contractors can’t know for sure how long maintenance work will take to complete, but they should be able to provide an educated estimate. Tracking the time it takes for professionals to complete routine and unplanned maintenance is another good way to predict future repair timelines. Having this knowledge allows those responsible for setting up maintenance work to complete projects with more confidence (plus they’ll know if a vendor is taking too long to complete certain jobs).
How long should HOA repairs take?
There is no way to know for sure how long any maintenance project will take. Even a standard preventative maintenance job can become lengthy if a contractor discovers additional damage to an element. Other factors, including availability of materials, permit requirements, complexity of the project, size of the community, and weather will all impact the timeline of a project.
That being said, below are some estimates of how long common HOA maintenance work takes to complete.
To get a more accurate time estimate, speak with a contractor or repair expert. They will be able to look at the specific qualities of your community and provide you with a realistic timeline.
Pool repairs
There are many different types of pool repairs. Some can be completed in a couple of hours while others will take several days.
A simple structural leak generally takes a day or two of work. Half a day is needed to complete the first step of a crack injection repair, and another half day is required to “staple” the cracks together and plaster the damaged area.
If your pool has a heater and the warming system breaks, the entire pool may be shut down for a week. The heater can be replaced in a day, but it could take longer. After the new pool heater is installed, it might be another three days before the pool is warm enough to use again.
Most plumbing leaks can be resolved in two days, but the time it takes to fix a pool leak from plumbing can vary according to the extent of the damage.
Pool resurfacing involves the removal and replacement of the top layer of the pool surface. This may be done to give the pool a clean fresh look, or to address several small cracks. In general, this renovation process takes one to three weeks.
Water/electricity lines
A water line is an underground pipe that transports water from a water source to a home’s or building’s service pipe. These pipes typically run beneath sidewalks and streets.
A water line pipe might crack, allowing water to spill out. This can cause many issues, including unsanitary water, higher water bills, low water pressure, and floods.
Due to the severity of this problem, a water main break needs immediate attention. Plumbing technicians will need to turn the water off while they repair the break. Once the pipe is in working order, they will flush it before reconnecting it to the plumbing system.
The good news is this type of repair only takes between four and eight hours.
If an electricity line goes out due to weather, it can generally be restored in a couple of hours. However, if an entire pole comes down, the outage could easily last a full day.
Roofs
In many cases, HOAs have delegated the responsibility of maintaining roofs to the individual owners. But if the association covers the costs of repairs, expect each home to take up 1-3 days of the contractors’ time. More complex designs and materials will add time to that estimate.
Gutters and downspouts
Routine maintenance of gutters and downspouts prevents more serious water damage from occurring. Like roofs, many HOAs have stated that owners are responsible for maintaining these items.
Minor gutter repairs can be completed in as little as one to two hours. Partial replacements can take two to four hours, and full replacements can take two to three days of work.
The timing is similar for downspout repairs and replacements.
Parking lots
Most HOAs can complete routine parking lot maintenance in two to three weeks, but timing will vary depending on the size of the lot and weather conditions.
Paving can take less than a week, but keep in mind that proper curing (letting the asphalt cool and settle) is an important part of the process as well. Depending on the size of the parking lot, thorough curing can take anywhere from one to two weeks.
General landscaping
While not a traditional repair, landscaping is a maintenance job that can be hard to plan for, at least the first couple of times. The size of the property, availability of materials, and weather conditions can greatly impact the time it takes to finish the job. Once you have found a landscaper that you like, you will become more familiar with the time it takes to do certain jobs.
From start to finish, most projects fall into the two- to three-week range, but cutting grass or trimming plans can take half a day.
Conclusion
HOAs have an obligation to maintain certain areas of the development. By scheduling routine maintenance, associations help prolong the useful life of elements and components, and keep the community safe and attractive too.
It’s important for staff, board members and management to have repair timelines so that they can budget for costs and time accordingly. While projects don’t always go according to plan, just having a guideline allows them to manage expectations more effectively.
Comments: Comments Off on Join Becker’s Jennifer Biletnikoff and David Muller on Wednesday, February 21 at 12PM EST for a webinar to learn the ins and outs,Are you ready to serve on your HOA or Condo Board?
Are you ready to serve on your HOA or Condo Board? If so, you must comply with Florida’s certification requirements.
Join Becker’s Jennifer Biletnikoff and David Muller on Wednesday, February 21 at 12PM EST for a webinar to learn the ins and outs, Are you ready to serve on your HOA or Condo Board?
and how to avoid potential liability associated with your new role. By attending this online class, you’ll earn CEU credits to satisfy the statutory requirement, so you are eligible to serve.
If you are planning to serve on your homeowner association board, you probably know that you will need to comply with Florida’s certification requirements within 90 days of being elected. Our HOA/Condo Board Certification class is designed to satisfy the statutory requirement so that you are eligible to serve. More importantly, it will provide the tools and information you need to perform your job well and to avoid any potential liability associated with your new role.
Topics Covered:
• Defining your fiduciary duty
• Analyzing association operations
• How to properly maintain the association’s books and records
• The pros and cons of alternative dispute resolution
• Avoiding common election pitfalls
• Preparing budgets and funding reserves
• Understanding financial reporting requirements
• Assessing insurance needs for common areas
• Defusing conflict within the community
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PLEASE NOTE: Instructions to receive certificate of completion or CEU credit will be emailed a few business days after the class has concluded.
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This online class will be presented on Zoom! Full live viewing instructions will be sent to all registrants.
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Comments: Comments Off on 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!
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.
Tax planning is one of the best ways we know to reduce your tax bill, and at RMS Accounting we take a proactive approach to helping clients pay the lowest amount of tax allowed by law.
We do this through a two-step process. Step 1 requires us to keep up to date with the latest changes to the tax laws, and tax savings strategies. Step 2 is all about you our clients, it requires us to keep you updated on just what steps you can take to ensure that you can take advantage of ever tax saving strategy that will help you.
Since everyone’s situation is different the only way, we can assist you is to be available when you have questions and prior to year-end to review your situation with you, so that you can take the steps required to maximize your tax savings.
That is why every tax preparation engagement includes year-round access to our tax professionals and year-end tax planning, free when we have prepared your tax return for the prior year.
Below are links to this year’s tax planning letter which is mailed to all our clients along with links to planning worksheets for individuals and business. You can use these documents to help you get the most out of your tax planning consultation.
Comments: Comments Off on 4 “Tricks” to a Healthier Lake! by Allstate Resource Management
4 “Tricks” to a Healthier Lake!
Regularly test the water quality.
The first step in keeping your lake healthy is regularly testing the water quality. Ensure that your lake management company is testing the water before treatments.
Use algae control.
Algae is a common problem in Florida lakes, but there are methods you can use to control it. Partnering with a professional lake company is key! A lake maintenance company can put together a comprehensive plan designed specifically for your lake. Each lake is different and each HOA property might have specific goals and aesthetics they want to achieve.
Use aeration to promote healthy oxygen levels.
Aeration is essential for maintaining healthy oxygen levels in your lake. The water can become stagnant without adequate aeration, leading to low oxygen levels and an unhealthy lake ecosystem. Use a lake aerator to keep the water moving and to promote healthy oxygen levels.
Control invasive plant species.
Invasive plant species, such as cattails or water hyacinths, can quickly take over your lake and create an unhealthy environment for aquatic life. Let our lake specialists work with your HOA to help control and eradicate invasive plants/
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.
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.
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.
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.
A 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.
Comments: Comments Off on The Estoppel Fee Debate by Eric Glazer
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.
Tax planning is one of the best ways we know to reduce your tax bill, and at RMS Accounting we take a proactive approach to helping clients pay the lowest amount of tax allowed by law.
