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5 Potential Risks to Your Business If You Have Poor Security

5 Potential Risks to Your Business If You Have Poor Security

Every business is susceptible to threats, hacking, vandalism, etc. which is why prioritizing security for your business can help reduce the implications of these situations. The risks of having poor security can far outweigh what you’d invest in for a good system, so keep these 5 potential risks in mind when considering the security (or lack thereof) at your business.

No Procedure to Handle Incidents

Security breaches and theft does happen, but what’s worse is not having any sort of procedure to handle the issue. And without a proper security procedure, it’s likely incidents will happen more often. It’s better to be prepared for something that could happen then to be surprised and ill-equipped for when something does, so it’s essential for your business to have a clear security procedure.

Legal Liability

As a business owner, you not only have to protect your brand, but you have the responsibility of protecting the safety of your customers, clients, and vendors’. If that information is not secure and something were to happen, these people could lose trust in you, or possibly pursue legal action that could heavily impact your business. It’s important you are following regulations and complying with routine security checks to ensure your business is safe and running efficiently, and so that information is safe and secure under your account. Taking the right steps to safeguard data and regulate personnel allowed access to this information will help your business improve security and reduce liability.

Increase of Theft and Vandalism

Unfortunately, no business is safe from theft or vandalism, and a lack of security only makes you more vulnerable. This can delay business growth and without action, lead to an increase of incidents. Poor security at your business can cost you stolen goods or assets that can’t be replaced, which can affect your profits, and employee’s safety and trust.

There are a few ways to act on these incidents. First, get a security assessment to help you determine your company’s current state of security, and what needs to be improved upon. Then you can figure out an acceptable security system to be installed, to ensure you’re taking the right precautions to safeguarding your property.

Tainted Business Reputation

If employees and clients are susceptible to your poor security measures, the reputation of your business could sink. Customers and employees could possibly seek other places to feel safe, exposing you to harsh reviews and a decrease in business. People and workers want to interact with a business they trust, this can include having latest technology, and security systems such as cameras or alarms. On the flip side, a business that is growing should increase their security, as there are more visitors, employees, or important data that needs to be protected. You should want your business to be a safe and trusted establishment for all involved, which is why having a good security system is vital for your reputation.

Employees Feel Unsafe

The safety of your employees and company data should be the upmost of importance to your business, so if you’re employees are aware of your poor security, it’s likely they will feel unsafe at work. Security issues, limited regulation of the building, or outdated technology can show a lack of interest in the company’s security precautions, which can contribute to a negative work environment and high employee turnover rates. As mentioned previously, this can also harm the reputation of your business, so having a strong security system is the best way to ensure a sense of safety and reliability for your business.

Contact:

John Libby
Regional Manager
United Security, Inc.
950 South Pine Island Road-Suite A 150
Plantation, FL 33324
Mobile: (407)-675-7960
JLibby@usisecurity.com

 

  United Security Inc. (USI) provides contract security solutions and investigation services to a select group of vertical markets. For the past 30 years, USI has created safe, secure environments for commercial and government employees and customers by investing in our people, innovation and relationships. USI is committed to delivering:

  • Responsive management and security personnel
  • Continuous quality improvement and training
  • Consistent, client-focused service and performance

 

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The second half of the Duct and HVAC cleaning and remediation. Cleaning the Air Handler is a critical part of the process. by Flash Air Care

The second half of the Duct and HVAC cleaning and remediation. Cleaning the Air Handler is a critical part of the process. by Flash Air Care

The second half of the Duct and HVAC cleaning and remediation. Cleaning the Air Handler is a critical part of the process.

Donald Brodsky  President at HOF, Flash Air Care – CAC1817554

SFPMA Members

Let’s not forget the HVAC Tech on the roof. We were on this roof today at 4:30 am so we can have a few good hours of no sun on our backs.

This is the second half of the Duct and HVAC cleaning and remediation. Cleaning the Air Handler is a critical part of the process. Cleaning Ducts without cleaning the machine that moves the air is just a receipe for re-contamination of the entire system.

Just another job at the Boca Raton Mall this week. Grateful for all the Remediation and Restoration companies that trust Flash Air Care to work side by side on their Mold Remediation projects.

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Top roofing company up in North Florida. Members of SFPMA Stonebridge. Find out how they will help your buildings roofs for years to come.

Top roofing company up in North Florida. Members of SFPMA Stonebridge. Find out how they will help your buildings roofs for years to come.

Members of SFPMA- Stonebridge is a roofing company up in North Florida. Find out how they will help your buildings roofs for years to come.

We are YOUR residential roofer for North Florida

Have Questions? / Get your FREE Roof Inspection

www.stonebridgebuilt.com

🏆 Jacksonville’s Preferred Roofing Company
☎️ 1 Company, 1 Call, Many Solutions
💪 Roofs That Are Built To Last
License no. CCC1328917 / CBC1252682

7 Signs You Need A New Roof

Here in Jacksonville, roofs take a beating from salt, wind, UV radiation, and heat. Generally, roofs in northern Florida will last about 15-20 years, but any roof in the region should be inspected every year. Roof repairs should always be done by a local, professional roofing company who is licensed and insured. But how do you know when to call them? Depending on the style of roof, some will show wear better than others, so today we will suggest seven visual signs that your roof needs replacing.

Sign 1: Leaks and Stains
Visible stains on a ceiling or wall may appear to be an obvious roof problem. However, roof leaks can be tricky to locate because water can enter the attic, travel along framing like trusses, and drip somewhere unrelated to the leak. If you see a new stain along an exterior wall or ceiling you may need an emergency repair.

Crawling around in attics with no floor can lead to accidents and personal injury, so leave that task to the pros. Jacksonville roofers have experience working in hot Florida attics and can use that experience to find elusive roof leaks and their sources. Many Jacksonville roofers even wear special boots that allow them to safely walk across trusses and up steep roof angles.

Sign 2: The Roof is Old
It’s a good idea to keep maintenance records on your home like the age of your roof. Most asphalt shingle roofs will last between ten and twenty years, but if your records show it’s time for a replacement, get your roof inspected by a licensed and insured, Jacksonville roofing company. Roof repairs are critical to the health of your home because leaks can cause mold and mildew growth. Even if you see no visual problems yourself, let a pro perform a no-obligation inspection of your roof to prevent future damage.

Sign 3: Look For Debris In Your Gutters
It might seem counterintuitive to look for roof issues in your gutters, but doing so is a smart move. Most Jacksonville roofs are made from materials that wear over time, like fiberglass/asphalt shingles, tiles, and wooden shakes. As the roof wears, the material it sheds will usually collect in the gutters, as the material is too heavy to be washed away.

To perform your own inspection, look for what appears to be sand in the bottom of the gutter. Most of the debris will collect at the lowest point on the gutter, so usually the first place to look is near the downspout. If you cannot see the bottom of the gutter because the debris is blocking your view, a significant amount of the roof has eroded away. If you discover you need an emergency roof repair caused by a strong storm, get a professional inspection by a licensed and insured roofer.

Sign 4: Cracks or Gaps in Your Flashing
Jacksonville roofs can get some severe weather, so even a small crack around roof flashing (thin sheet metal) can allow precipitation to penetrate the roof. Even if the leak only occurs when the rain is blowing sideways, eventually the damage will accumulate. When it does, the roof underlayment and roof decking will begin to soften and rot.

Sign 5: Sags in the Roof
You may have seen older homes with roofs that appear to dip and sag. More often than not, the framing under these roofs has become water damaged, allowing the framing to bend under the weight of the roof. Sagging roofs can still be repaired and reroofed, but care should be taken to hire an experienced professional who is licensed and insured.

Professionals should determine which style of roof will function best in the situation. For example, an inexperienced roofer may be unaware that certain types of roofing require specific roof pitches to work as designed. Using the incorrect roof material on a sagging roof can actually cause more problems than it solves, so always consult a professional in these situations.

Sign 6: Moss and Mold On Your Roof
Moss on your roof indicates a moisture problem severe enough to cause rot. These plants require near constant moisture and limited sunlight, so if they are actively growing on your roof, the roof is never completely drying out. Roofs should be dry in a matter of hours after a rain shower, so if your roof is holding moisture, the moss and mold will be a likely indicator.

Sign 7: Small Visible Damage
Most roofing materials will degrade over time and leave debris in the gutters. A very common find are small bits of roofing material that have dry rotted and broken away. For asphalt shingles, these are often small corners of a shingle, or in the case of shakes, small splinters of wood as  these roofing materials begin to degrade with age.

Get Help Today! Contact Stonebridge Roofing
If you are unaware of the age of your roof, but begin to see small pieces of debris at the base of your downspouts, you can assume your roof is approaching its lifespan. This is a perfect time to contact a reputable Jacksonville roofing company, like Stonebridge Roofing and request a roof health report from a local expert roofer. For $150, your roof health report will include an overview of any visible damage (with photos), repair recommendations and an assessment of the lifespan left on your current roof.

Stonebridge Roofing is a licensed and insured, certified roofing installer, so they are approved by the manufacturer to provide a warranty. Stonebridge Roofing can also help with new replacement windows, vinyl siding, gutters, and painting as well. Let Stonebridge Roofing become your first choice for all things exterior. Financing Options are available! Request your free quote today.

 

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This condominium HOA was ready to make a change to the appearance of their building. After researching multiple companies, they selected Chucks Painting Inc to complete this project.

This condominium HOA was ready to make a change to the appearance of their building. After researching multiple companies, they selected Chucks Painting Inc to complete this project.

  • Posted: Jan 14, 2026
  • By:
  • Comments: Comments Off on This condominium HOA was ready to make a change to the appearance of their building. After researching multiple companies, they selected Chucks Painting Inc to complete this project.
Located in Pompano Beach Florida.
This condominium HOA was ready to make a change to the appearance of their building. After researching multiple companies, they selected Chucks Painting Inc. to complete this project.
 
“We are happy to say they were not disappointed and we exceeded their expectations.”
 
 

Please call or email Chuck’s Painting Inc. for all your Commercial, Residential and Industrial painting needs.

954-868-0494

 

 

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Local Condos Failing to Comply with New Milestone Inspections Law

Local Condos Failing to Comply with New Milestone Inspections Law

Recent reporting by the Sun Sentinel chronicled how 124 condominium buildings, representing approximately 25,000 residences in unincorporated Palm Beach County, failed to submit their milestone inspection reports by the end of 2024 as required under the new Florida law.

The circumstances described in the article are possibly playing out in other jurisdictions throughout the state in light of the recent passing of the December 31, 2024, deadline by which many residential condominium and cooperative buildings of three stories or more throughout the state were required to have completed their milestone inspections and reports. The article indicated that Palm Beach County officials are now strongly urging the representatives of those communities to submit the required inspection paperwork as soon as possible.

The Florida law, which was enacted in response to the 2021 tragedy of the building collapse in Surfside, required associations for many residential condominium and cooperative buildings 30 years or older and with three or more stories to have filed an inspection report detailing necessary structural building maintenance and required repairs by December 31, 2024 (with the balance of such buildings having to do so by December 31, 2025, depending upon when they reached 30 years of age). During the first phase of the required milestone inspection, a state-licensed architect or engineer must examine the building to assess the condition of its main structural elements. If no repairs are needed and the building passes, the next milestone inspection is due in 10 years.  For buildings in which deterioration is detected, a second phase of inspections is subsequently required to take place within the ensuing 180 days, but that timeframe can be extended if extra time is deemed necessary.

Unfortunately, some condominium and cooperative associations required to have complied failed to do so, citing factors which include a lack of funds to perform such inspections, unavailability of qualified professionals to timely perform the inspections and reports, or a general misunderstanding as to the need to comply with the required inspections. Elected and other governmental officials seem to be struggling with the best approach to compel compliance, given that stakeholders in many communities are complaining about the burdens being imposed upon them due to the inspection requirements as well as the newly enacted structural integrity reserve funding obligations, installation or upgrades of bi-directional amplification systems for emergency responders, and the need to fund costly property insurance premiums also required by state law.

The newspaper quotes Palm Beach County officials illustrating that their objective is to make sure buildings are maintained and repaired, and indicating they are neither looking to “kick people out of their houses” nor “to basically knock down buildings.”

The story indicates that in unincorporated Palm Beach County, more than 500 buildings were supposed to have filed their milestone inspection, but almost a quarter of them failed to do so. The recent reporting found that more than 100 buildings in the county have entered into the second phase of inspections, and more than 200 remain under review under the first phase.  For the 124 properties that have not yet provided any milestone-inspection information, county officials say they remain in the dark about the state of those buildings.

As we continue to move past the inspection and reporting deadline, and approach the deadline for the remainder of buildings required to comply, local governmental officials will wrestle with the best approaches to enforce compliance with the requirements.  Some authorities may opt to begin enforcement with a notice being sent out to remind association registered agents and directors that they are not yet in compliance, steering clear of immediately imposing fines or other penalties. However, other authorities may feel that optimal compliance with the inspection and reporting requirements may not be likely to be achieved without the threat of fines or similar measures.

The recent article further mentioned that along with potential fines, the commissioners and other officials also discussed the use of new signage to be posted at the buildings alerting residents to the fact that the structure has not yet been inspected, as well as the issuance of noncompliance notices to be distributed to all the board members.

For residential condominiums and cooperatives that do not undergo the required inspection, the potential consequences could include difficulty in obtaining insurance renewals along with increased premiums. They could also face potential legal action from their owners, who could find themselves unable to sell their residences and seeking remedies for any decreases in property values that may ensue. Ultimately, the associations for such communities may be forced to increase their assessments in response to these repercussions and any fines that may be imposed.

Our firm strongly recommends that all the associations for residential condominium and cooperative communities that have not already complied with these new requirements for milestone inspections make them an immediate priority and take all reasonable actions necessary to complete the initial phase and file the necessary report to their corresponding building department as soon as possible.

by ROBERTO BLANCH, SIEGFRIED RIVERA

Find engineers for your Inspections.

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2025 –THE BEGINNING OF MASSIVE CHANGES TO OUR CONDO COMMUNITIES

2025 –THE BEGINNING OF MASSIVE CHANGES TO OUR CONDO COMMUNITIES

 

There are certain years that are more defining than others. Certain years that stand out. Well, if you live in a Florida condominium, 2025 will be that year. To understand why, we have to pay respect to another year that stands out more than any other ever will, and that is 2021, the year the Champlain Towers collapsed in Surfside, Florida killing 98 innocent men, women and children.

 

As a result of 2021, and The Florida Legislature’s promise to Floridians that another Surfside will never happen again, massive legislation was passed requiring mandatory inspections, mandatory repairs, mandatory education for Board members and perhaps the most important and controversial new law, the requirement to fund reserves for your condominium that is 3 stories or taller, based upon a Structural Integrity Reserve Study that needed to be prepared by an architect, engineer or someone with CAI credentials and completed by December 31st, 2024.

 

If you didn’t do it yet —– you’re late and in violation of Florida law.

 

Think about this…….any condominium budget you will ever pass again must include mandatory reserves based upon the results of that structural integrity reserve study. Here’s the new law:

 

For a budget adopted on or after December 31, 2024, the members of a unit-owner-controlled association that must obtain a structural integrity reserve study may not determine to provide no reserves or less reserves than required by Your Structural Integrity Reserve Study.

 

Here’s what a structural integrity reserve study is and how often it must be performed:

 

(g) Structural integrity reserve study.—

1. A residential condominium association must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height, as determined by the Florida Building Code, which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

 

a. Roof.

b. Structure, including load-bearing walls and other

primary structural members and primary structural

systems as those terms are defined in s. 627.706.

c. Fireproofing and fire protection systems.

d. Plumbing.

e. Electrical systems.

f.  Waterproofing and exterior painting.

g. Windows and exterior doors.

h. Any other item that has a deferred maintenance

expense or replacement cost that exceeds $10,000

and the failure to replace or maintain such item

negatively affects the above items as determined

by the visual inspection portion of the structural

integrity reserve study.

 

Yes – for those condo associations that have ignored funding reserves for years or decades — your bill has come due. And it’s going to be expensive. For those of you who thought it was a bad idea to put away money for a rainy day because you might not be alive at that time —- I guess the bad news is —–YOU LIVED!

 

Which Sediment or Muck Removal Option Is Best for My Waterbody?

Which Sediment or Muck Removal Option Is Best for My Waterbody?

Virtually all explanations of dredging include the physical scooping up of underwater sand and clay sediments to enhance a merchant ship’s access to a port or waterway. If these waterways become inaccessible, the economic consequences are far-reaching.

Today, however, massive algal blooms, animal fatalities from toxic byproducts of algae, and the spread of invasive plants and animals are sharing the front-page news with national economic interests. For those of us living on a waterbody, it’s clear that our personal economic interests are rewarded via higher property values if the nearby water is both navigable and healthy. As a waterbody ages and becomes “silted-in,” organic nutrients fuel invasive plant and algae growth, and property owners suffer the consequences of bright green water, fish kills, and dangerous swimming conditions. Unfortunately, the solution to these rampant biological problems involves more than just scooping up the muck. Hence, we need to look at dredging options and aquatic management in a unified perspective.

Choosing the Dredging Tool for Your Waterbody

Fortunately, there are many proactive aquatic management solutions that can be implemented to help slow or prevent the aging of waterbodies, such as proper land use management, maintenance of beneficial vegetative buffers and sediment traps, installation of aeration systems, and utilization of nutrient absorbing products. However, when sediment buildup is too much to dock a boat or when aquatic plants and algae are perpetually out of control, you’ll need to call in a professional waterbody manager accompanied by a portfolio of dredging techniques.

There are several methods of sediment or muck removal: hydraulic dredging, clamshell or backhoe dredging, dry dredging, and hydro-raking. The chosen method will depend on a number of factors, including sediment composition, environmental sensitivity, the volume of materials removed, budget, and disposal considerations.

Which Dredging or Sediment Removal Option Is Best for My Waterbody?

Mechanical Dredging

Mechanical dredges (clamshell or backhoe dredgers) use buckets to scoop out bottom sediment and transfer it to trucks or barges for transport to disposal sites. Truck transportable mechanical dredges such as Aquamogs can remove small volumes of sediments such as shoals that prevent boater access to a lake, while large oceangoing dredgers are capable of digging to great depths to facilitate the new era of ultra–large container ships. In the case of the drawdown and excavation method (dry dredging), the whole waterbody is drained and sufficient shoreline access is needed for the trucking and hauling involved. However, most lakes cannot be emptied due to environmental concerns or high water tables.

Hydraulic Dredge

Hydraulic Dredging

Hydraulic dredges are the workhorse of the dredging industry and are effective in moving large volumes of organic and inorganic sediment. They work by sucking slurry (a mixture of sediment and water) from the bottom and then pumping it to an offshore location through a pipeline. Hydraulic dredges have almost continuous operating cycles, allowing the removal of large volumes of material in a short time while minimizing the resuspension of material into the water column due to their closed-cycle system of operation. Typically, this method is better suited for sediments with little debris mixed in, as large objects and rocks can damage the cutter and clog the pipeline. A large disposal area is also required.

Hydro-rake

Hydro-raking

Unlike the mechanical and hydraulic dredge, the hydro-rake cannot be used to remove sediment, however, it is an effective tool for accumulated muck removal. Hydro-raking is frequently chosen as a method to remove nuisance aquatic vegetation, root structures, debris, and organic muck on a smaller scale waterbody.  The hydro-rake can best be described as a floating barge upon which is mounted a backhoe with a digging bucket or rake capable of removing accumulated muck in water as shallow as 18 inches. Hydro-raking can effectively target organic muck accumulations and debris in coves, stormwater ponds, and other shallow areas. If a pond is periodically maintained through hydro-raking, the need to perform a large-scale dredging project may be eliminated, saving financial resources and minimizing ecological disruptions.

Paragraph 5 - Managing vegetation in and around - fountains and aeration

How to Maintain Balanced Water Quality

Dredging is generally thought of as an expensive activity, but both your waterbody can benefit significantly from just a few days of budget-friendly spot dredging at pump intakes, swimming areas, or around boat docks. However, the ultimate cost-savings approach is proactive management. By taking preventative steps to reduce erosion, limit weed and algae growth, and maintain balanced water quality, it’s possible to prolong the need for both dredging and hydro-raking. The best way to accomplish this is through an annual management program that leans on sustainable strategies like aeration, nutrient remediation, shoreline maintenance, and many other custom solutions to maintain a healthy, functional waterbody.

To learn more or navigate through a wide variety of sediment, aquatic plant, or algae removal options for your waterbody, we encourage you to speak with your lake or pond management professional.

DOWNLOAD A FREE INFORMATIVE GUIDE

 

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THE RETURN OF THE CORPORATE TRANSPARENCY ACT INJUNCTION

THE RETURN OF THE CORPORATE TRANSPARENCY ACT INJUNCTION

THE RETURN OF THE CORPORATE TRANSPARENCY ACT INJUNCTION

by Rembaum’s Association Roundup

Recently we reported to you that a panel of the U.S. Court of Appeals for the Fifth Circuit vacated (reversed) the Texas District Court’s previously enacted injunction that had the effect of making the Corporate Transparency Act’s registration requirements applicable once again.

Guess What? On December 30th, 2024 the U.S. Court of Appeals for the Fifth Circuit again reinstated the nationwide injunction. FinCen’s website provides that, “in light of a recent federal court order, reporting companies [which includes Florida’s condominium, homeowners’, and cooperative associations] are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.

The FinCen website provides a procedural history that further explains the current situation as follows:

On Tuesday, December 3, 2024, in the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al., No. 4:24-cv-00478 (E.D. Tex.), the U.S. District Court for the Eastern District of Texas, Sherman Division, issued an order granting a nationwide preliminary injunction. The Department of Justice, on behalf of the Department of the Treasury (Treasury), filed a Notice of Appeal on December 5, 2024 and separately sought of stay of the injunction pending that appeal.

On December 23, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit granted a stay of the district court’s preliminary injunction entered in Texas Top Cop Shop, Inc., pending the outcome of Treasury’s ongoing appeal of the district court’s order. Treasury immediately issued an alert notifying the public of this ruling and recognizing that reporting companies may have needed additional time to comply with beneficial ownership reporting requirements, Treasury extended reporting deadlines. However, on December 26, 2024, a different panel of the U.S. Court of Appeals for the Fifth Circuit issued an order vacating the Court’s December 23, 2024 order granting a stay of the preliminary injunction. On December 31, 2024, the Department of Justice, on behalf of Treasury, sought a stay of the injunction pending the ongoing appeal from the Supreme Court of the United States.

In the meantime, as of December 26, 2024, the injunction issued by the District Court in Texas Top Cop Shop, Inc. is once again in effect. FinCEN is complying with—and will continue to comply with—the District Court’s order for as long as it remains in effect. As a result, reporting companies are not currently required to file beneficial ownership information with FinCEN. Reporting companies may continue to voluntarily submit beneficial ownership information reports.

As new information is obtained we will share it with you, our readers. For those who are interested, our prior Association RoundUp articles regarding the Corporate Transparency Act debacle follow below.

THE CORPORATE TRANSPARENCY ACT STRIKES BACK

In the never ending saga regarding the applicability of the Corporate Transparency Act, there is yet another twist in that the judge in the Texas litigation, which we wrote about to you on December 14 and who issued the nationwide injunction, reversed course on December 23, when he lifted the court’s previously enacted injunction making the Corporate Transparency Act’s registration requirements applicable once again. However, FinCen, in light of the short notice, has extended the deadline in which to register to January 13, 2025 absent other deadline extensions.

As reported in our prior article, a recent update from the United States Department of Treasury, Financial Crimes Enforcement Network (FinCen) provides an extension of time to comply with the requirements of the Corporate Transparency Act for the initial reporting deadlines, but there are strict requirements regarding the applicability of the extension as discussed below.

FinCen, on October 29, 2024, extended the initial reporting deadlines to June 30, 2025, for associations in counties affected by Hurricane Milton where:

(1) Federal Emergency Management Agency (FEMA) assistance is available for individual or public assistance; and

(2)IRS tax filing deadlines have been extended.

Associations in the following counties appear to be subject to the extension:

Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lafayette, Lake, Lee, Levy, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putman, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, and Volusia.

Of course, to be absolutely certain, please check with your association’s attorney.

_________________________________________

The December 23, 2024 email communication received from the Financial Crimes Enforcement Network as reported on above follows:

Updates to Beneficial Ownership Information Reporting Deadlines – Beneficial Ownership Information Reporting Requirements Now in Effect, with Deadline Extensions

In light of a December 23, 2024, federal Court of Appeals decision, reporting companies, except as indicated below, are once again required to file beneficial ownership information with FinCEN. However, because the Department of the Treasury recognizes that reporting companies may need additional time to comply given the period when the preliminary injunction had been in effect, we have extended the reporting deadline as follows:

  • Reporting companies that were created or registered prior to January 1, 2024 have until January 13, 2025 to file their initial beneficial ownership information reports with FinCEN. (These companies would otherwise have been required to report by January 1, 2025)
  • Reporting companies created or registered in the United States on or after September 4, 2024 that had a filing deadline between December 3, 2024 and December 23, 2024 have until January 13, 2025 to file their initial beneficial ownership information reports with FinCEN.
  • Reporting companies created or registered in the United States on or after December 3, 2024 and on or before December 23, 2024 have an additional 21 days from their original filing deadline to file their initial beneficial ownership information reports with FinCEN.
  • Reporting companies that qualify for disaster relief may have extended deadlines that fall beyond January 13, 2025. These companies should abide by whichever deadline falls later.
  • Reporting companies that are created or registered in the United States on or after January 1, 2025 have 30 days to file their initial beneficial ownership information reports with FinCEN after receiving actual or public notice that their creation or registration is effective.
  • As indicated in the alert titled “Notice Regarding National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)”, Plaintiffs in National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)—namely, Isaac Winkles, reporting companies for which Isaac Winkles is the beneficial owner or applicant, the National Small Business Association, and members of the National Small Business Association (as of March 1, 2024)—are not currently required to report their beneficial ownership information to FinCEN at this time.

On Tuesday, December 3, 2024, in the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al., No. 4:24-cv-00478 (E.D. Tex.), the U.S. District Court for the Eastern District of Texas, Sherman Division, issued an order granting a nationwide preliminary injunction. On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit granted a stay of the district court’s preliminary injunction enjoining the Corporate Transparency Act (CTA) entered in the case of Texas Top Cop Shop, Inc. v. Garland, pending the outcome of the Department of the Treasury’s ongoing appeal of the district court’s order. Texas Top Cop Shop is only one of several cases that have challenged the CTA pending before courts around the country. Several district courts have denied requests to enjoin the CTA, ruling in favor of the Department of the Treasury. The government continues to believe—consistent with the conclusions of the U.S. District Courts for the Eastern District of Virginia and the District of Oregon—that the CTA is constitutional. For that reason, the Department of Justice, on behalf of the Department of the Treasury, filed a Notice of Appeal on December 5, 2024 and separately sought of stay of the injunction pending that appeal with the district court and the U.S. Court of Appeals for the Fifth Circuit.

The Kaye Bender Rembaum Team Remains Available To You and Your Community Association

Visit KBRLegal.com for awesome free resources, including news with Legal Morsels and Rembaum’s Association Roundup, and our Event Calendar, including upcoming free classes.

 
Out With the Old, In With the New by Published by Eric Glazer, Esq.

Out With the Old, In With the New by Published by Eric Glazer, Esq.

The Presidential Inauguration is a reminder of how smoothly leadership transitions can happen at the national level. But in our community associations, things aren’t always so predictable. Discover insights into the often chaotic turnover of power in Florida condos and HOAs—and what it means for your community.

Whether you’re happy about today’s Presidential Inauguration or not, one thing is for sure and for certain; it’s going to happen. Since 1937, it has taken place at noon on January 20, the first day of the new term, except in 1957, 1985, and 2013, when January 20 fell on a Sunday. In those years, the presidential oath of office was administered on that day privately and then again in a public ceremony the next day, on Monday, January 21.

That consistency is a lot more than we can say for our community associations. How many of you have complained that our associations have not held an annual meeting or an election in forever, or at least not in the last year? What about complaints that the Board of Directors has simply changed the dates of our annual meeting on more than one occasion and extended their term in office?

The terms of Board members expire at the annual meeting. So when are you supposed to have an annual meeting and election? The date of your annual meeting is contained within your bylaws. But suppose the Board wants to have the annual meeting on another date for any variety of reasons? Can they do so? Not according to one court which held that the annual meeting must be held on the date contained in the association’s bylaws. Not to do so would be as if an amendment was made to those bylaws without the proper vote of the unit owners.

And despite this ruling, dozens, if not hundreds or maybe even thousands of condominium and HOAs won’t hold their annual meeting and election this year on the date mandated by their own documents.

The last few years has also brought drama to the country regarding the requirements of outgoing administrations to turn over official records. Trump got charged with a crime and Biden was found to have wrongfully retained official records but wasn’t charged with a crime.

When it comes to condominiums, “An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election. The division shall impose a civil penalty as set forth in s. 718.501(1)(d)6. against an outgoing board or committee member who willfully and knowingly fails to relinquish such records and property.” Surprisingly, there is no equivalent statute for HOAs, except if that director was removed by way of recall.

So today, pomp and circumstance and tradition will rule the day and like clockwork, one administration will hand off to the incoming administration. And in our community associations, no doubt tradition is likely to continue as well. Perhaps that’s a rare example of where the government works better than we think.

Eric is Board Certified by The Florida Bar in Condominium and Planned Development Law.

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one-hour show airing at 7 p.m. each Thursday on YouTube. This show allows viewers to engage in live chats with Eric and other participants but also enables a broader audience to access free advice, making valuable insights more widely available.

See: www.condocrazeandhoas.com

Eric is the first attorney in the State of Florida that designed a course that certifies condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

 

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