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Is There Liability for Dangerous Wild Animals in Your Community?

Is There Liability for Dangerous Wild Animals in Your Community?

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

By Jim Wolff | Business Development  Manager | Connect on LinkedIn

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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Update: ‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’

Update: ‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’

UPDATE:

So Governor DeSantis signed SB 360 into law which effectively eviscerates many property owners’ rights to pursue contractors and developers for latent defects. A latent defect is one which is not readily apparent to the naked eye which is often the case with concrete restoration and roofing projects. This is a slap in the face to the millions of Floridians struggling right now to pay large special assessments to fund these projects. Why would people who profess to care about the safety of older multifamily buildings vote to pass SB 360? The developers’ lobby certainly achieved their goals. Too bad the people who will now pick up the tab for defective construction are the ones least able to pay for it-Florida homeowners.

 

‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’

Becker Shareholder Donna DiMaggio Berger, Esq’s op-ed in Miami Herald explores how the Florida Legislature passed a bill that will make it harder for you to hold contractors accountable for defective work. Why she says the Governor should veto this bill right now. Read the entire article below.

…………………………………………………………………………………

Last year, the Florida Legislature passed SB 4-D with the stated purpose of safeguarding the millions of Floridians living in older multifamily buildings. Known as the Condo Safety Law, SB 4-D requires periodic engineering inspections for buildings three stories and higher and mandates that associations reserve funds to pay for ongoing maintenance and repair projects.

How then, did the Florida Legislature this session pass SB 360, a bill that extinguishes homeowner rights and destroys developer/contractor accountability for the work they perform?

Certainly our legislators must understand that thousands of Floridians are struggling to pay massive special assessments to fund mandated maintenance and repair projects? Why would those same legislators determine that Floridians should not be able to receive the value of those multimillion-dollar projects? It is hoped that Gov. DeSantis will understand that SB 360 undermines both the physical and fiscal security of millions of Floridians.

Safe buildings start with the developers who build them and the contractors who repair them. It’s a simple concept. If the governor signs SB 360 into law or allows it to pass into law without his signature, nearly every Florida community association, at some point, will feel the following impacts:

  • The deadline by which a community association must take legal action against contractors and developers for latent or hidden construction defects will be shortened from 10 years to seven. Ultimately, this will compromise homeowner warranty protection because latent defects are defects that cannot be seen. This includes foundation issues, most structural defects, and leaks behind stucco and under roofs, for both new construction and renovations.

Many condominiums and cooperatives in Florida are moving forward with concrete renovations and repairs, roof replacements and other work deemed necessary in their engineering reports. SB 360 will prevent associations from holding negligent contractors liable for their defective work product and poor performance.

  • Developers and contractors could maintain control of an association long enough to run out the clock on the applicable statutes of limitations. Currently, the deadline for a developer to turn over control of a condominium association to the owners is seven years, at the latest. Even under the current 10-year statute of repose, boards must move quickly to preserve their associations’ rights. Under SB 360’s new shortened seven-year statute of repose, it would be virtually impossible to protect the association’s rights against a developer who decides to retain control of the association for up to seven years since the statutes only empower associations to bring those causes of action after the community is turned over from the developer to the owners.

Under SB 360’s new shortened seven-year statute of repose, it would be virtually impossible to protect the association’s rights against a developer who decides to retain control of the association for up to seven years since the statutes only empower associations to bring those causes of action after the community is turned over from the developer to the owners.

  • The new triggering action to start the clock running on the statutes of limitation would no longer be the issuance of a final certificate of occupancy and “actual possession by the owner” but instead will be the issuance of a temporary certificate of occupancy. A temporary certificate of occupancy is issued many months or even years before an owner closes and takes possession of the home. Naturally, an owner living in a unit is in a better position to notice and report construction defects than someone who has not yet closed and moved in.
  • Developers and contractors would no longer be required to meet the minimum standards imposed by The Florida Building Code when an owner brings a private cause of action.

Unfortunately, SB 360 has been sent to the governor. It is now up to him to determine whether this new law making it more difficult to hold developers and contractors accountable makes sense with the heightened safety standards imposed on community associations.

If SB 360 becomes law, the net effect will be the imposition of a massive financial burden on the people who are least able to afford it — individual association members.

Donna DiMaggio Berger is a shareholder in Becker’s Community Association Practice in Fort Lauderdale, Florida and is a member of the College of Community Association Lawyers.

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PENNY WISE POUND FOOLISH By Eric Glazer, Esq.

PENNY WISE POUND FOOLISH By Eric Glazer, Esq.

PENNY WISE POUND FOOLISH

By Eric Glazer, Esq.

In light of the new laws requiring mandatory inspections, mandatory repairs and mandatory reserve studies, some associations are looking to cut back and save money. 

That’s not a bad idea; unless you’re cutting back on your legal counsel reviewing all of the contracts provided to you by those engineers, architects or general contractors who perform any of these inspections or repairs.

I’m starting to see more of this and it’s an alarming trend.  It boggles my mind that an association would spend millions of dollars on a contract for repair of their property, but won’t spend a few hours on their attorney reviewing that contract first.  No question in my mind that the failure of the Board to have that contract reviewed by counsel before signing, is a breach of their fiduciary duty to the unit owners they represent.

I teach a class called “Before You Sign That Contract.”  It talks about so many ways in which the association can suffer financial loss by having the wrong clauses in the contract or by failing to insert certain clauses into the contract.  Once sentence can potentially cost the association hundreds of thousands of dollars.  And you chose to cheap out on a few hours of attorney’s time?  Really?

Even smaller contracts need to be reviewed.  If the association does not have the proper remedies in the contract for the contractor’s breach, the situation can turn into a long lasting nightmare where the association will never be made whole.  And…….the association will have to spend its own attorney’s fees now to correct the problem with no chance of recovering them later on.

We are about to enter into a historic time here in Florida where these types of contracts will be flying off the shelves. 

They will be everywhere, in every condominium.  Be careful.  If you didn’t hear me the first time, I said BE CAREFUL AND DON’T BE CHEAP.  GET LEGAL HELP BEFORE SIGNING.

DON’T COME TO ME AFTER YOU SIGNED A CONTRACT AND SAY “HEY ERIC…OUR ASSOCIATION SIGNED THIS MULTI MILLION DOLLAR CONTRACT.  CAN YOU NOW GET US OUT OF IT?

THE ANSWER IS OFTEN TIMES……NO I CANNOT.  YOU SHOULD HAVE ASKED ME TO LOOK AT IT BEFORE SIGNING IT.

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Release of Liability and Hold Harmless Agreements by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

Release of Liability and Hold Harmless Agreements by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

Release of Liability and Hold Harmless Agreements

by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

If Your Association Requires One, Then You Must Read This…

Many communities offer a host of amenities for their residents and guests to enjoy, such as clubhouses, fitness centers, playgrounds, swimming pools, tot lots, tennis courts, etc. One of the upsides to providing such amenities is that the residents and their guests have a variety of activities to choose from, which enhances the quality of life within the community. However, one of the potential significant downsides to offering such benefits is that the association often incurs liability if a resident or guest is injured while using one of the amenities.

Accordingly, it has become commonplace for associations to require that residents and guests sign a document that releases the association from liability and holds the association harmless when a resident or guest uses the amenities. Although the title of the document may vary—“Hold Harmless,” “Indemnification Agreement,” “Release of Liability,” or “Waiver and Release”—there is usually language included within the document along the lines of the following:

“I, Mr. Owner, on my own behalf and on behalf of all other occupants and guests to my home, for and in consideration for use of the association’s facilities, equipment, etc. hereby release and hold harmless the association, its members, officers, directors, agents, etc. from any and all liability which may arise out of or in connection with my participation or use of the foregoing facilities, equipment, etc.”

This language is often referred to as an “exculpatory clause,” which is a clause that is designed to relieve a party from blame or liability. Such language has traditionally served to help prevent an association’s liability to an owner or guest when he or she is injured while using the amenities. It may have been a while since anyone has taken a good look at the specific language included in the association’s release, and it may be taken for granted that such language will automatically protect the association from liability. Many such form documents do not provide the protection you might think they should. A recent Florida appellate court case dealing with such exculpatory clauses highlights this potential issue and offers pause.

Specifically, The Estate of Nicholas Adam Blakely, By and Through Michele Wilson, as Personal Representative v. Stetson University, Inc., WL 17997526 (Fla. 5th DCA 2022), involved the tragic death of a young man who played football at Stetson University. As described in the written appellate opinion, the young man pulled himself out of an afternoon football practice complaining to an assistant athletic trainer that he felt dizzy and that his chest felt tight. Although the trainers continued to monitor his symptoms on the sidelines, after approximately 45 minutes the young man collapsed. Thereafter, university employees attempted various emergency medical procedures in an unsuccessful effort to revive him. The young man was transported to the hospital where, sadly, he died.

The trial court found that the two identical releases signed by the young man were sufficiently clear to bar claims brought against the university arising from his death after participating in the football practice. On appeal, however, one of the arguments focused on whether the language in the releases that the young man signed were sufficient to be enforceable. The appellate court determined it was not. Although the entirety of the written releases are unable to be reproduced here, the particular language that the court focused on is set out below. Specifically, the appellate court placed emphasis on the following:

I understand that the dangers and risks of playing or participating/practicing may include, but are not limited to: death…Because of the dangers and risks involved in participating in intercollegiate athletics, I recognize the importance of following the Coaches and Sports Medicine staff instructions regarding playing techniques, conditioning, rehabilitation/treatment recommendations and team rules, etc. and agree to obey such instructions…I hereby assume all risks associated with participation and agree to hold Stetson University…from any and all liability…of any kind or nature which may arise by or in connection with my participation in any activities related to the Stetson University athletic program. The terms hereof shall serve as a release and assumption of risk for myself, my heirs, estate, executor, administrator, assignees and for all members of  my family. The terms hereof shall serve as a complete release and waiver of liability for myself, my heirs, estate, executor, administrator, assignees, and for all members of my family.

 

On its face, it sounds complete. But is it? In its analysis of the language included in the releases, the appellate court began by expressing that

[A]n exculpatory clause purports to deny an injured party the right to recover damages from a person negligently causing his injury. They are disfavored in the law because they relieve one party of the obligation to use due care and shift the risk of injury to the party who is probably least equipped to take the necessary precautions to avoid the injury and bear the risk of loss. Such claims are strictly construed against the party seeking to be relieved of liability. Thus, exculpatory clauses are enforceable only where and to the extent that the intention to be relieved from liability is made clear and unequivocal. The wording must be clear and understandable that an ordinary and knowledgeable person will know what he is contracting away (quoting UCF Athletics Ass’n, v Plancher, 121 So. 3d 1097, 1101 [Fla. 5th DCA 2013]).

 

Unlike the trial court, the appellate court took issue with the language contained within the releases because the release forms

  1. failed to expressly inform the young man that he was contracting away his rights to sue the university for its own negligence,
  2. used language that could reasonably lead one to believe that the university would be supervising and training [him] properly such that the young man was only being asked to sign the exculpatory clause to cover injuries inherent in a sport, and
  3. used language suggesting that the terms of the releases were for the young man’s benefit.

 

Accordingly, the appellate court determined that the foregoing supported a determination that the releases were not clear and unambiguous. So, what does the appellate court’s decision mean for exculpatory clauses as related to an association’s release? It means that associations need to review the language in such exculpatory clauses with counsel to assist in aligning the language with the thinking of the court. For example:

  1. Is the language in the release clear, unambiguous, and written in such a way that an ordinary and knowledgeable person would know that he or she is contracting away his or her right to sue the association if an injury occurs?
  2. Is the language in the release free from any indication whatsoever that training and/or supervision is being provided by the association to avoid a mistaken belief by the owner or guest that he or she is merely signing away his or her right to sue for injuries inherent in a particular activity?
  3. Is it unequivocally clear that the individual is giving up all rights to litigate against the association in regard to any accident that may occur, even if the association was negligent?
  4. Are there terms in the release that would make it seem as though the release is for the benefit of the homeowner or guest and not the association?
    If you are in doubt as to the exculpatory language included in your association’s release, do not wait until a homeowner or guest is injured, or possibly worse, to discover that the language is not appropriate for protecting the association from liability. In light of this most recent opinion, you should discuss with your association’s legal counsel when there would be a good opportunity to review and amend such release of liability and hold harmless agreements.
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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Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association by Katzman Chandler

Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association by Katzman Chandler

  • Posted: Apr 03, 2023
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Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association

by Katzman Chandler

SAVE YOUR ASSOCIATION MONEY & ENSURE FINANCIAL STABILITY.

Katzman Chandler’s Collect 4 Free Program

We guarantee, by written contract, that your Association will NEVER receive an invoice for Costs or Legal Fees advanced and/or incurred by our Law Firm in providing delinquent account collection services under our “COLLECT 4 FREE” Delinquent Account Collection Option.

Contact us today, and let us show you how you can immediately reduce the potential future monetary shortfall in your Association’s budget resulting from owner delinquency, as well as ensure a healthy financial future for your Community…

COLLECT 4 FREE!Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option is a truly unique program that guarantees, in writing, that your Association will NEVER receive an invoice for Costs or Legal Fees incurred by our Law Firm in providing delinquent account collection services.

Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option promotes efficiency in your Association’s operations by allowing your Community to timely and effectively pursue delinquent accounts and quickly collect delinquent assessments owed, rather than unnecessarily carrying delinquent owner debt on the Association’s books for extended periods of time.

Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option provides your Community with the ability to pursue delinquent accounts while avoiding the potential Risk, Liability and/or Financial Exposure to your Association for the payment of Costs and Legal Fees traditionally associated with Community Association Collection and Foreclosure actions.

Why Collect 4 Free?

Engaging Katzman Chandler and electing to take advantage of our “COLLECT 4 FREE” Delinquent Account Collection Option makes complete financial sense for nearly all qualifying Community Associations, including yours. Most Associations qualify. Call us today to confirm that yours does!

We are so confident in our ability to successfully collect upon your newly delinquent accounts, that we are willing to shift the ultimate financial responsibility for the Costs and Legal Fees incurred in the process from your Community to our Law Firm.

Our confidence in this regard comes from our depth of experience in not only handling delinquent account collection, but forecasting trends in delinquent account collection.

Katzman Chandler’s attorneys and staff have successfully resolved tens of thousands of delinquent assessment accounts on behalf of Community Associations over the past two decades, and welcome the opportunity to collect your Community’s delinquent accounts as well – with COLLECT 4 FREE!

If you are a new addition to the Katzman Chandler family of clients, and have delinquent accounts in collection with your prior attorney, Katzman Chandler can take over your Association’s existing/aged collection files and pursue them under a full advancement of Costs and Legal Fees option.

In addition to the obvious benefits of our “COLLECT 4 FREE”, we offer robust online status reports available 24/7, paperless communications sent automatically via email and an owner website portal to facilitate communication, expedite payoffs and obtain quick settlements of delinquent accounts.

Contact us today:

Schedule a Complimentary Consultation

“WE WANT TO BE COMMITTED TO YOUR COMMUNITY”

by clicking the following link: https://bit.ly/3ZHoWOY

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The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund 

by, Dee Rowe, CACM, Contributing Author

Once upon a time, benevolent Prince Sanders was afraid that people would lose their homes because they were unable to pay their mortgages or HOA fees. You see, a nasty respiratory disease was ravaging the kingdom and all surrounding kingdoms. Workers not deemed essential were forced out of work to limit the spread of the disease. The price of essential goods and services skyrocketed. Even once a “return to work” was announced, for many business owners and employees there was no work to return to. The kingdom was in crisis.

Since he was Chairman of the kingdom’s Senate Budget Committee, he and 11 others authored theAmerican Rescue Relief Act, which included a Homeowner Assistance Fund designed to keep those people from losing their homes and keep their public utility services active. The problem was, nobody told the homeowners, or those responsible for the communities they lived in.

Meanwhile, in a Far-Off Corner of the Kingdom

Mary was contrary, and could you blame her? She was a single mother with three small mouths to feed. Her ex-husband ran off with Sally years ago and now lived in a cottage by the sea selling seashells. That left Mary to care for the gardens ​of silver bells, cockleshells, and primroses all in a row. There was a time before the pandemic when her business thrived. Weddings were large, formal affairs, and nobody’s flowers were prettier than Mary’s. Brides paid a pretty penny for her services. But now weddings were smaller and more intimate. Because everybody’s budgets were stretched tight, brides cut expenses wherever they could. That included Mary’s flowers.

With the sun sinking on the horizon, Mary put the gardening tools in the shed and trudged into her small house. The children would be hungry, and someone had to feed them. Opening the nearly bare cupboard, she groaned. Once again, they would be eating beans and rice. As she measured the rice, her hand scraped the bottom of the barrel. Even beans and rice would soon be a luxury. Forcing a brave face, she served the children dinner and busied herself with chores while they ate. She ate their leftovers to make sure they got enough. Her stomach growled and grumbled, but she was used to ignoring that. She’d been doing so for a couple of years, ever since the virus started spreading.

Before she put the little ones to bed, she walked to the end of the driveway to get the day’s mail. Inside the mailbox was another notice from the HOA about her missed payments. Tears welled up in her eyes. How was she supposed to pay when there wasn’t enough to eat, and every penny went toward keeping the bank from taking her home? Now the association was threatening to take her home too. What would they do then? She wasn’t eligible for bankruptcy, because she’d had to file for one after her divorce.

Hands shaking, she placed the notice on the kitchen table and tucked her children into bed, noticing as she did so that all their nightclothes were threadbare and too small. Once she was back in the kitchen, she picked up the notice and read it again. “Due to the non-payment of assessments, your account has been referred to an outside agency for collections. Please contact them at once to avoid foreclosure.”

This time, tears did more than well up, they spilled down her cheeks and left spots on the table. With her head in her hands, she sobbed into the night until she fell asleep right there in the kitchen. Her dreams were troubled and chaotic, with visions of fire-breathing dragons scorching her home and beautiful gardens to the ground.

They Aren’t Dragons, They’re Heroes

The next morning, after the children ate their oatmeal and headed off to school, Mary called the collection company the HOA referred her case to. She braced herself for battle, recalling the fire-breathing dragons from last night’s anxiety-fueled dreams. Much to her surprise, that mental armor turned out to be unnecessary.

S​he spoke with a friendly and helpful representative from Axela Technologies, who was sympathetic when Mary described her financial position. The representative suggested that Mary try applying for something called the Homeowner Assistance Fund (HAF) because an online map showed that her part of the kingdom may have funds available to cover the mortgage, utility costs, and even HOA fees since her hardship was caused by the pandemic and started after January 21, 2020. The helpful rep also arranged it so Mary would not lose her home while waiting for a decision from the HAF. She was so relieved she began to cry over the phone because she felt hope for the first time in years. “You’re my hero”, she told the Axela employee.

I​t Isn’t a Fairy Tale but a Well-Kept Secret

As she worked in her gardens that day, Mary wondered why she’d never heard of the HAF before. There were probably others like her; hardworking people who had no savings or credit to see them through when the pandemic shut the kingdom down. People who had spent the years since the return to work trying to find work or customers. People who were desperate to keep the homes that they loved and that kept their families safe and warm. Good people who wanted to pay their HOA fees but had to choose between that and feeding their children.

After waiting as patiently as she could, Mary got an answer from the HAF. Hands trembling, she opened it and read the decision over the phone to that helpful representative from Axela Technologies she had first spoken to. “Your application has been approved.” Once again, she was crying, this time tears of joy.

Later that day, Mary wrote a letter to the board of directors of the HOA thanking them for working with anethical company like Axela Technologies, and not a predatory collection service. That letter was the first communication the board received from her that wasn’t contrary.

For a real-life collection fairy tale like this, contact us at Axela Technologies today. We offer creative solutions, not threats and ultimatums.

 

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Flood Preparation & Finding the right companies is Key for your Properties

Flood Preparation & Finding the right companies is Key for your Properties

Flood Preparation is Key & Finding the Right Companies to help

The United States federal government has financial incentives for municipalities which implement flood preparation systems, but the policies must be in line with FEMA guidelines. Towns with programs in place for flood management also can provide incentives to individuals to get reduced flood insurance rates. Many community governments already have programs in place, but these plans and programs must be updated, reviewed and enforced to match FEMA’s updates.

Your community may not be able to prevent floods, but with proper preparation and a plan your condo and hoa can be prepared for any problems. Accurate weather information is paramount to flood preparation. Your emergency management crews and first responders may benefit from weather tracking systems that send out alerts by email, text, and push notifications to keep everyone up-to-date with accurate information. During an ongoing severe weather event, you may need to call on professional for support. A flood might be an overwhelming occurrence, but you can do a lot in advance to keep your community safe.

 

Floods can overwhelm communities in just a matter of minutes. By being proactive, your community can reduce flood risks. Here are six ways your town can be prepared:

1. Encourage residents to be prepared for a flood

FEMA has a great brochure that outlines steps each family should take before flood season to stay safe during flooding. This brochure also offers property management ideas for individuals. Every home should know their flood risk and know how to stay informed about flood information.

2. Have an emergency plan that outlines procedures for every department and agency during a flood

Establish a chain of command for management operations. In high-risk areas, it’s a good idea to practice for emergency operations before a real flood occurs. Maintain infrastructure that presents flood risks. As required by the State of Florida Your greatest asset can be your community website! Let all of your community owners know to keep an eye out for flooding and have a way for them to inform you the Board and Management Company in the event of a problem.

3. Maintain infrastructure that presents flood risks

Take care of small stream crossing or culverts where floods might be more common. Keep your Storm Drains and Pipes clear of debris, and make sure your drainage systems are working properly , and Please watch for changes in the course of water in the community and take action when necessary.

4. Watch water flow during rainfall, especially on hard surfaces

Roads and parking lots actually speed water flow, which can be quite dangerous. Make sure water can flow into drainage systems adequately without causing damage. Encourage residents to reduce runoff by implementing rain gardens or other green systems.

5. Discourage construction in flood hazard areas…

or at least comply with floodplain development standards. Check flood insurance rate maps before planning any development.

6. Develop a mitigation plan to take steps now to prepare for future floods

One key element of this plan can be is alerts to residents to the potential of heavy rainfall and damaging winds to allow them to prepare and get to safer ground.

To learn more about protecting your community from flooding and severe weather, contact us for more information about weather solutions from our members ready to help. We can set you up with a member company that matches the weather needs of your community and the goals of your Condo and HOA.

 

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FIND PUBLIC ADJUSTERS FOR WATER DAMAGE CLAIMS FOR YOUR COMMUNITIES

It is extremely important that a method be established as soon as possible after the loss, to resolve this aspect of the claim.  Members, with its years of experience will assist you with these important decisions. Search our Directory for top companies Roofing, Adjusters, Law Firms /Storm Damage, Restoration Companies, and many more.

SFPMA – Members Directory ( http://Find-a-Service.com ) 

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Sarasohn & Company –  Public Adjusters

In order to properly adjust any claim for damage to a structure, it is important to prepare a detailed repair estimate.  Sarasohn & Company will do that on your behalf.  Whenever necessary, we will employ the services of architects, engineers, contractors and other independent experts at no additional cost to you.

561-368-5000

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Stellar Public Adjusting Services

Our qualified public adjusters are here to assist and direct you throughout the insurance claim process. We make sure that your claim is properly assessed and documented to obtain the maximum claim settlement you rightfully deserve.

305-710-7922

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You can also find out more on our Storm Damage Claims Pages for your properties

FIND PLUMBERS, PIPE REPAIR AND STORM DRAIN CLEANING AND REPAIR COMPANIES READY TO HELP!

below are a few of our members to call for flooding help in Florida.

BROTHERS BACKFLOW SPECIALISTS

Broward: Ph. 954.382.2099 | Dade: Ph. 305.267.3992

Brothers Backflow Specialists is state licensed and insured in the plumbing and gas industry. Our technicians specialize in plumbing, backflows, propane, natural gas, medical gas and water restoration including everything from installing gas lines, testing backflows and repairing broken plumbing pipes. We provide services for commercial, residential, industrial & farm properties from Monroe to West Palm Beach County as well as backflow services in Orlando, Florida. Brothers Backflow Specialists is here to serve you 24 hours a day / 7 days a week and no job is too big or too small.

 

Pipe Restoration Solutions

561-602-8660 Pipe Inspection, Pipe Cleaning, Pipe Lining and Pipe Replacement Company

When PRS looks at a project we want to ensure we are putting the “right” solution to the problem at hand.  Every project has its unique needs based on overall job scope, site conditions, project timeframes and difficulty level. At Pipe Restoration Solutions, we have found that when high-quality material and creativity comes together something special happens… Projects are completed with excellence and above expectation; Long term relationships are built; Problems are permanently solved.

 

GreenTeam Service Corp

(954) 210-4100 The elite in our industry “Exceptional Service, No Exceptions” We are dedicated to achieving and maintaining consistent innovation, integrity and unparalleled professionalism as well as customer service.

GreenTeam is an organization dedicated to providing the highest quality of service, to multiple vertical markets. The company performs Plumbing and Electrical services in South Florida. GreenTeam clients include but are not limited to: Class A Office buildings, healthcare facilities, educational facilities, Hotels and Resorts, Condo Associations, industrial warehouses, and residential. Our mission statement is simple, Exceptional Service, No Exceptions.

 

Glentronics – PHCC Pro Series Pumps

Call Jerry Morris at 800-991-0466 # 119

Glentronics is a manufacturer of several consumer products including sump pumps, battery backup sump pumps, water alarms and plant lights.

Our goal is to create products that solve the needs of our customers. We believe in designing high quality products that the homeowners, Building Engineers, and Facilities can rely on.

Glentronics Inc (manufacturer of Basement Watchdog and PHCC Pro Series Pumps) is a family run business and our goal is to take care of every customer just like they are family. Through innovation and dedication, we have led the way in Water Alarms, Battery Back Up Sump Pumps, AC Sump Pumps, Sewage Pumps and Combination Pumps.

 

It’s important to know when flood season occurs in your community so you can be prepared personally and civically.

Flooding is a serious event that can cause fatalities and serious injuries to people who are trapped or swept away by the high waters. Flooding can also:

  • Disrupt transportation routes
  • Disrupt utility services
  • Pollute drinking water supplies
  • Cause erosion, damaged roads, bridges, levees, and buildings
  • Create landslides or mudslides
  • Cause thousands of dollars of damage to homes

Take the time to search for other companies like

ROOF REPAIR,  LEGAL PROPERTY DAMAGE ATTORNEYS, AND ENGINEERS TO COME AND INSPECT YOUR BUILDINGS AND PROPERTIES

 

Find Members ready to help with Management, Business and Maintenance for your properties.

Property Maintenance is an integral part of managing the day to day operations for every type of property. First impressions are sometimes the only impression a potential tenant or owner has of a property. We pride ourselves on maintaining a Florida Directory of Companies that work with Property Management, Condo and HOA properties throughout the State of Florida.

Find-A-Service – Our Branded Page for our Members Directory on SFPMA.  Search the Many Categories and Find Top Companies that work with Florida’s Property Management Industry

 

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Dynasty helped over 1,500 property owners get new roofs paid for by their insurance company in the Tampa, Sarasota, and Orlando areas. by Dynasty Building Solutions

Dynasty helped over 1,500 property owners get new roofs paid for by their insurance company in the Tampa, Sarasota, and Orlando areas. by Dynasty Building Solutions

  • Posted: Apr 02, 2023
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Dynasty helped over 1,500 property owners get new roofs paid for by their insurance company in the Tampa, Sarasota, and Orlando areas.

by Dynasty Building Solutions

Not All Roof Damage is Obvious

There are some unmistakable signs that you need a roofer pronto. For example, if a hurricane caused a large tree branch to become lodged in your roof, you would not hesitate to call Dynasty Building Solutions immediately. Most of the time, however, the signs that you need to call your roofing company can be more subtle. Since roof damage can turn into water damage, mold, and other major problems here in the hot and humid Tampa area, it’s important to be alert for some of the following issues so you will know to call us for an inspection, a roof repair , or even a roof replacement. Here are some signs that you should get in touch as soon as feasible. 
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Water Damage
Water Stains on Your Walls or Ceilings:  If you’re noticing dampness or water stains on your ceilings or interior walls, this is a clear sign that you have a leak somewhere. Of course, the leak might not be from your roof, so it pays to do a little bit of investigative work. You might have a leak caused by condensation on your central air vents, for example, or you might be dealing with a dripping pipe in an upstairs bathroom. If you can’t quickly detect where the water is coming from, however, it’s wise to get a roof inspection done promptly.
As you probably know, water damage in Southwest Florida is likely to turn into mold pretty quickly, and water stains on the ceiling are a good indication that you’ve got at least some minor water damage. If the stains have been there since you moved in and they haven’t gotten any worse, then chances are good that you don’t have an urgent problem, but if they feel damp or if they seem to be growing, that’s an issue that needs to be addressed right away.
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Storm Over Neighborhood
Dripping or Leaking During Rainstorms:  The downpours in this part of Florida during the rainy season can be impressive, but they should not cause any dripping or leaking in your attic. If you haven’t been in the attic in a while, try to check it during the next afternoon storm to make sure that you don’t see or hear any dripping or leaking. Shine a flashlight into the corners to check it visually; only go into the attic if you are sure you can do so safely. If you see, hear, or feel water coming in, call us right away so we can see what the problem is.
In some cases, a leak in the attic will mean that you need the roof replaced, but other times, it will only require a repair. Better to get it addressed as soon as possible to prevent further damage that can lead to a more extensive (and expensive) solution.
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Torn roof shingle
Missing, Torn, or Curled Shingles:  If you can use a ladder safely to check your roof or if you can see parts of it from the ground, watch for missing, torn, or curled asphalt shingles. When a shingle is damaged, it can allow water to penetrate the underlayment or the wood beneath. In many cases, a simple repair is all that is needed, but you will need to have an inspection. Remember that since water flows from the peak of the roof down toward the lower elevations, torn shingles toward the top of the roof could be causing damage down below. Let one of our inspectors take a look and see whether there is any damage that needs to be addressed.
Damp or Darkened Shingles
Similarly, if you see one section of asphalt shingles that are darkened or that feel damp when the rest of the roof is dry, you’ll want to have that checked. If shingles are holding onto moisture, it could mean that the material underneath is wet, which is a problem. All of your shingles should look about the same; if one area looks different in any way, that is a sign that an inspection and possibly a repair is needed.
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House Gutter
Tiny Black Rocks in Your Gutter:  When you clean out your gutter, it’s normal to find leaves, small twigs, and some dirt. If you are seeing what looks like a lot of tiny black rocks or coarse black sand in your gutter, however, that is a sign that the granules, which is the material on asphalt shingles, is washing off. This is a sign that the roof is degrading and will likely need to be replaced soon.
Pinpoints of Light Shining Into Your Attic or Upper Level
Your roof should be creating a seal that water can’t get through. If there are parts where you can see pinpoints of light (or, worse, larger swaths of light) shining through, water might be able to get through those same spots. On a sunny day, go up into your attic access and look around in the dark, leaving the light off. Any sunlight peeking through should warrant a call for a roof inspection.
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Only a Trained Professional Roof Inspector has the Knowledge to Identify All Forms of Roof Damage 

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Roof Water Damage

Roof Inspection to Look for Damage

Some storm damage is easy to spot. If you see shingles that match your home’s roof in your front yard after a storm, you can probably assume that your roof has sustained storm damage. If strong winds blow over a tree and it crashes into your roof, you’ll be able to see it, and you’ll probably have heard it when it happened. You’ll know that you need to contact your home insurer and a roofing professional. However, often storm damage isn’t so obvious. You may have a water leak, but you can’t determine quite where it’s coming from. After a tornado or hurricane, you may have damage that you can’t see – a hole that’s too high up or located in a spot that just isn’t visible from the ground, for example. Shingles that blow off in a strong wind may not necessarily land in your own yard – they could end up far enough away that you never see them. Because hidden roof damage is a real possibility, it’s important to have your roof inspected after a severe storm. Roofing professionals are trained to find hidden roof damage. They’re also trained to inspect your roof safely. A fall from a roof can be quite serious, and a roof after a storm can be especially dangerous, as there might be spots that are slick or soft that you’re not expecting, so it’s best to let the professionals handle it. Take a look at some of the things that a roofing professional may be looking for after a storm.
Water Damage and Leaks
It’s easy to believe that if you have water damage or your roof is leaking, you’d notice it right away. However, the truth is that it’s easy for water damage and evidence of leaks to go unnoticed. The water may be pooling somewhere that’s not obvious, or the leak may be limited to the attic, garage, or some other location where it might be less noticeable. Part of the job of inspecting for damage after a storm is checking the interior of the home for signs of leaks or water damage. You may not have noticed the signs, or you may not be able to place the source of the leak if you did. But a roofing professional will know what signs to look for and will also be able to follow the leak back to its source and find out which part of the roof is letting water in.
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Damaged Shingle Roofing RepairMissing and Damaged Shingles or Tiles
You might think that even if you don’t find missing shingles or tiles in your yard, you’d be able to see bare spots where they used to be if you lost some during a storm. However, that’s not necessarily the case. Depending on the design of your roof, parts of it may not be visible from the ground, and if those parts are missing shingles or tiles, you wouldn’t know it without going up there to inspect.
Tiles and shingles can also be damaged in a storm in a way that’s not visible from your position on the ground. For example, hail can leave damage that comes in the form of dimples or granules knocked off of the shingles. Chunks of hail may also be heavy enough to crack tiles. In either case, the roof may look fine to you, but this type of damage can weaken your roof. Even if it doesn’t cause leaking immediately, it may lead to leaks over time. Your roof also may not hold up as well against the next storm. For these reasons, it’s important to have a roofing professional check for shingle or tile damage that is only visible from the roof.

 

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Damaged Gutters and Flashing

One thing that you may not think to look for is damage to your gutter system and roof flashing, Your gutter system is important for more than just your roof. Keeping your gutters clear and flowing freely protects your home’s foundation by preventing water from pooling around the house. It also protects your landscaping and siding. Clogged or damaged gutters can cost you a lot in repairs, so it’s important to have them checked following a storm. If your gutters are dented or broken in places, they may be more susceptible to clogging or they may allow water to pool in ways that cause damage to your home.
Your roof’s flashing is also vulnerable during a storm. Flashing is often made of galvanized aluminum (most common of roof to wall) or copper and it’s placed in between roof joints, where it helps protect your roof against water leaks. The places between joints are some of the most vulnerable spots in the roof, so flashing acts a reinforcement. But because it’s located in places that are at higher risk for damage, flashing itself is more likely to be damaged during a storm than other parts of the roof. Flashing can become warped or begin to crack after being exposed to severe weather. It can also be torn away entirely, especially during weather events with severe winds, like hurricanes and tornadoes. Roofing professionals understand the importance of flashing and know where to look to see if it’s been damaged.
If your roof has a warranty, you may be required to have regular roofing inspections and make timely repairs in order to keep the warranty valid.
If you let your roof fall into disrepair, such as by failing to have it inspected and repaired following a major storm, the warranty may not be honored. Your home’s insurer may have rules about roof inspection and repair as well. If you file a claim for damage and your insurer determines that the damage was exacerbated because you didn’t have an inspection or schedule a repair earlier, they could deny your claim or approve only part of it, leaving you with a higher repair bill than you planned on. Your best bet is to make sure that you have your roof inspected after serious storms and take steps to repair any minor damage right away before it can become major damage.

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Choosing The Right Roofing Company Can Be Challenging
Your home is the single largest investments you will probably make in life. One of the biggest challenges many homeowners face when needing to repair, restore , or install new roofing to their property is choosing the right company for the job. In an emergency, choosing the right roofing company to repair damage from storms, fallen trees, termites or any other urgent issue can be critical in getting your home and life back to normal. Likewise, qualified experience is vital when restoring or building new roofing. Your roofing contractor should not only ensure the use of quality products and workmanship but have the expertise and qualifications for installing a range of roofing designs and materials.

6 Tips to Help You Decide 

Finding a roofing contractor who meets these criteria who is also trustworthy, honest, and professional can often be difficult. You need to know that your investment is in safe and reputable hands and your home is protected along with your wallet. Here are 6 tips to help guide you when choosing the right contractor for your roofing project.

1. Local roofing services are invaluable. They are more familiar with local rules and regulations and should have a good relationship with local suppliers. There also less chance of issues and scams when choosing a contractor from your area.

2. They should have a Better Business Bureau (BBB) accreditation. BBB contractors are required to maintain satisfactory ratings with the Better Business Bureau in order to retain their certification. This means customer satisfaction.

3. Check they offer an extensive warranty. It might take months or even sometimes years for incorrect installation or damage to reveal itself. Contractors that offer extended warranties on workmanship, especially for roof restorations , are going to be worth pursuing. Also, look at the manufacturer’s warranties on the types of materials used as it important to know that a manufacturer has done their due diligence in designing a quality product.

4. Safety is vital. A contractor should provide adequate safety training program for all its staff. A team that has been properly trained in roofing installation will ensure your roofing work is completed by quality professional roofing installers with integrity to personal and property safety. Most states require safety certification and licensing for contractors.

5. A reputable contractor will be able to handle any insurance claims for you so you can take advantage of the premiums you’ve already been paying. This helps to make the whole process easier and more affordable for you to have your roofing work done. Likewise, a reputable roofing contractor should also have adequate insurance coverage to protect the homeowner from liability in the unfortunate case a roofing employee sustains an injury at the home.

6. Get to know the roofing materials available. A good contractor will be able to offer you different roofing material options available for your home. However in some areas, HOA guidelines may dictate which type of roof you can have installed. The style and color of the roof you install can also affect the value of your home. A qualified roofing contractor will be able to guide you on this.

 

Contact us now to see if you qualify!

Our ROOFME Program (Roof Maintenance Evaluation Program) is a FREE program for property maintenance companies which provides one free annual property inspection and discounted repair services for our members.

 

Victor Lupis / Owner
Dynasty Building Solutions 
Office: (813)321-3269
Fax: (813)333-9697
www.DynastyBuildingSolutions.com
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