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Keep Your FL Lake Clean and Problem-Free by SOLITUDE

Keep Your FL Lake Clean and Problem-Free by SOLITUDE

Addressing Major Lake Issues Before the Growing Season

The growing season refers to the time of year – typically the spring months – when aquatic weedsalgae, and toxic cyanobacteria (blue-green algae) begin to appear in the water. The timeframe can differ depending on the region of the country in which a waterbody is located and natural weather variations. But no matter where you live, nuisance growth may indicate imbalances in the aquatic ecosystem that were not addressed in the weeks and months leading up to this defining season.

Many property owners do not realize that the management of lakes and ponds shouldn’t end when winter weather arrives. In fact, it is a great time to reevaluate waterbody goals for the coming year and implement management solutions that are more difficult to apply when the water is being actively used for recreation, stormwater collection, or aesthetic purposes.

Prepare Your Lake for Spring: Here’s Where to Start

Typically, the off-season months provide a valuable window to complete long-awaited projects like shoreline restoration, mechanical hydro-raking, or dredging, and nutrient remediation. Each of these solutions can help support healthier water quality conditions and reduce the risk of major lake issues when the growing season arrives.

Prevent algae and weeds next growing season with these management tips:

Repair Shoreline Damage & Enhance Your Buffer Zone

Jagged, crumbling, exposed shorelines can endanger people working or spending time in and around the water. Degraded shorelines can also contribute to the accumulation of muck at the bottom of lakes and ponds, and even cause waterfront properties to “shrink” as earth collapses into the water. These conditions don’t occur overnight; rather, they are a result of prolonged wear and tear from recreation, wind and rainfall, nuisance wildlife activity, urban development, and poor landscaping practices.

If ignored, erosion can aggravate water quality imbalances that increase the risk of weeds, toxic algae, and other problems during the growing season. Restoring degraded shorelines well before this time will help ensure your waterbody starts off on the right foot come spring.

littoral-shelf-beneficial-buffer

Repair Erosion Damage with Bioengineered Shorelines

Cutting-edge bioengineering techniques using a durable mesh material have made it possible to safely restore the aesthetics and functionality of degraded shorelines while repurposing eroded earth. Depending on the size and scope of a project, this process may require significant downtime, so the fall and winter months are an opportune time to take advantage of this service.

Once installed, these bioengineered shorelines will provide many years of stabilization and erosion control, particularly when beneficial vegetative buffers are also maintained around the waterbody to filter pollutants from stormwater runoff known to provoke water quality imbalances.

  • Shoreline Erosion Repair Results

Remove Muck & Debris with Hydro-raking

Lakes and ponds are consistently inundated with eroded sediment and debris such as branches, leaves, lawn clippings, trash, and other detritus that create bottom muck containing highly concentrated nutrients as they decompose. Over time, muck levels can increase, reducing the overall depth and volume of the waterbody. Excessive build-up may lead to a host of problems during the growing season, including flooding, depleted dissolved oxygen levels, water murkiness, bad odors, fish kills, and increased weed and algae infestations.

It is possible to physically remove build-up using mechanical solutions like hydro-raking and dredging. Hydro-raking is often used for “spot treatments” in areas with disproportionate materials, such as stormwater pipes and dock areas. A hydro-rake is essentially a floating barge with a rake attachment that can remove up to 500 pounds of decomposing material in each scoop and deposit it on the shore for physical removal or repurposing during shoreline restoration projects.

Hydro-Raking Services

Restore Depth with Dredging

If build-up has reached more concerning levels, dredging may be required. Professionals choose from two primary types of dredging equipment based on the goals for the property – each can restore the waterbody to its original depth and volume, but may reset the ecosystem entirely. Conducting dredging far ahead of the upcoming growing season provides a window to begin implementing proactive solutions to ensure water quality is healthy and stable come spring.

The off-season is an excellent time to complete mechanical projects as they can both interfere dramatically with the use of the waterbody. Removing muck and debris that accumulated during the warmer months will also help reduce overall nutrient concentrations, providing less fuel for algae and weeds when the growing season arrives.

Balance Water Quality with Nutrient Management

Phosphorus and nitrogen are the primary nutrients responsible for the growth of excess weeds and algae and are found in both the water column and the bottom sediments. Naturally-occurring nutrient remediation products like Phoslock and Aluminum Sulfate (Alum) can be professionally applied to bind with nutrients, making them unavailable for uptake by weeds and algae. Other solutions like EutroSORB may be used to filter and physically remove undesirable nutrients from the water.

Nutrient remediation can be effective in the warmer months and, when implemented by licensed professionals, is low-risk for use around people and animals. However, conducting nutrient remediation services during the off-season can help prevent nuisance growth before it becomes a problem, allowing people to start enjoying their waterbodies sooner. It’s important to note that regions that experience more severe winters and freezing waters may not be candidates for off-season nutrient remediation services. A professional can help stakeholders determine the most effective time of year to apply nutrient remediation products.

Avoid Water Quality Issues This Growing Season

It can be confusing for stakeholders to know what their waterbodies need – and when – but it’s never too early or late to begin implementing these or other lake and pond management solutions. Ultimately, we share your goal of maximizing the use of your water resources throughout the year. By taking advantage of the cooler months to complete these impactful projects, stakeholders can avoid major water quality issues that the growing season is known for. Instead, they can focus on enjoying the water without looming threats of nuisance growth – and the complaints, safety concerns, and unexpected costs that come with it.

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Enhance Your Brand with Vail Marketing Solutions: The Complete AEC Marketing Experience

Enhance Your Brand with Vail Marketing Solutions: The Complete AEC Marketing Experience

 

 

 

Vail Marketing Solutions provides everything from a full branding overhaul and business development program to a specific marketing project or campaign.

 

In today’s fast-paced and highly competitive business landscape of the AEC industry, having a comprehensive marketing strategy is essential for success. Whether you’re just getting started building a marketing department, or an established firm looking to rebrand and increase sales, Vail Marketing Solutions offers a one-stop solution to all your marketing and business development needs. VMS has a strong background of construction industry knowledge coupled with their “Complete Marketing Experience,” to provide a holistic approach to elevate your brand and maximize your reach.

Here’s a closer look at the array of services Vail Marketing Solutions brings to the table:

Strategic Planning

At the heart of every successful marketing campaign lies a well-thought-out strategy. Vail Marketing Solutions works closely with clients to understand their goals, target audience, and market dynamics, crafting customized strategies tailored to drive results.

Website Development

Your website is often the first point of contact for potential customers. Vail Marketing Solutions specializes in creating responsive, user-friendly websites that not only look great but also convert visitors into customers.

Content Creation & Copywriting

Compelling content is key to engaging your audience and building brand credibility. Vail Marketing Solutions boasts a team of talented writers who excel at creating captivating content across various platforms, from blog posts and articles to website copy, email and social media campaigns.

Graphic Design

Visual appeal plays a crucial role in capturing the attention of your audience. With Vail Marketing Solutions’ expert graphic designers, you can expect stunning visuals that effectively communicate your brand message, captivate your audience, and stand out among your competitors.

Brochures & Advertising

Whether it’s print or digital advertising, Vail Marketing Solutions helps you create eye-catching brochures and ads that stand out from the crowd and leave a lasting impression on your target audience.

Video Marketing, Drone, & Photography

Visual storytelling is a powerful tool for engaging customers and conveying your brand’s personality. Vail Marketing Solutions offers comprehensive video production services, including drone footage and professional photography, to bring your brand and project profiles to life.

Social Media

In today’s interconnected world, social media is an indispensable marketing tool. Vail Marketing Solutions helps you harness the power of platforms like Facebook, Instagram, YouTube, and LinkedIn to connect with your audience, build brand awareness, and drive engagement.

Email Marketing

Effective email marketing campaigns can nurture leads, drive conversions, and foster customer loyalty and engagement.  Vail Marketing Solutions helps you create personalized email campaigns that resonate with your audience and deliver measurable results.

Digital Marketing & SEO

With expertise in digital marketing strategies and search engine optimization (SEO), Vail Marketing Solutions ensures that your brand gets noticed online. From pay-per-click advertising to organic search optimization, they employ cutting-edge techniques to boost your online visibility and drive traffic to your website.

Event Marketing & Tradeshows

Whether you’re hosting a corporate event or participating in a tradeshow, Vail Marketing Solutions helps you make a memorable impact. From pre-event promotion to onsite branding and post-event follow-up, they handle every aspect of event marketing to ensure success.

Tradeshow Display Design

Stand out in a crowded tradeshow hall with captivating booth designs that attract attention and drive foot traffic. Vail Marketing Solutions creates custom tradeshow displays that effectively showcase your brand and leave a lasting impression on attendees.

Presentations & Proposal Packages

From client presentations to branded proposal documents, Vail Marketing Solutions helps you communicate your ideas effectively and persuasively. Their team creates professional presentations and proposal packages that stand out from the competition to win more business.

Business Development & Sales Consulting

Beyond marketing, Vail Marketing Solutions offers strategic business development and sales consulting services to help you identify opportunities for growth, expand your market reach, connect with potential clients, and increase revenue.

Vail Marketing Solutions goes above and beyond traditional marketing agencies by offering the AEC industry a comprehensive suite of services designed to meet all your marketing needs under one roof. Whether you’re looking to launch in a new market, revamp your brand image, or simply enhance your online presence, they have the expertise and resources to make it happen. So why settle for piecemeal solutions when you can experience the complete marketing package with Vail Marketing Solutions?

 

 Jessica Vail – President
Vail Marketing Solutions
908-528-4087
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FIDUCIARY DUTY: What it Means to Your Community Association. by REMBAUM’S ASSOCIATION ROUNDUP

FIDUCIARY DUTY: What it Means to Your Community Association. by REMBAUM’S ASSOCIATION ROUNDUP

  • Posted: May 11, 2025
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What duty does a community association board member owe to their association? What happens if that duty is breached? During the legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions.

The legislation in House Bill 919 was proposed by Representative Porras in response to the alleged $3.4 million dollar embezzlement scheme that took place at the Hammocks Community Association, located in Miami-Dade County. Parts of this proposed bill were well-intentioned; however, several provisions were commonly viewed as too broad and expansive.

On November 15, 2022, the Miami-Dade State Attorney’s Office announced charges related to the Hammocks’ criminal case, including racketeering, organized scheme to defraud, money laundering, grand theft, and fabricating physical evidence against five board members. These board members have been accused of the following:

i) running a scheme in which they used HOA checks and HOA credit cards from 55 bank accounts to pay for “no-show” work by shell companies or vendors, who would funnel money back to the directors for their personal use;

ii) withholding official records from members; and,

iii) failure to hold valid elections, among other bad acts.

If found guilty these board members overtly breached their fiduciary duty to their association.

During the 2023 legislative session, House Bill 919 initially contained significant criminal penalties to punish board members who failed to provide official records when they otherwise should have, criminal penalties for kickbacks, and criminal penalties for improper election interference, among other provisions. Such laws, while well intended, went overboard as evidenced by the creation of criminal penalties for failure to provide official records, as such severe criminal penalties for operational matters would likely only deter good people from running for the board. Recognizing this potential issue, parts of HB 919 were tempered a bit prior to it becoming law. That said, in the opinion of this author, new laws with new criminal penalties are not the answer. Bad people do bad things, and no amount of laws will likely significantly change that. So, what is the answer?

One answer is to shore up the educational and certification requirements for board members. At present, there are two ways to be certified as a board member. One method is to take a State-approved class, which provides an overview of the voluminous information board members need to know in order to perform their duties. The other method is to sign a piece of paper that the board member has read the governing documents, will abide by them, and will faithfully discharge their duties. This second method should be eliminated as there is no method to confirm compliance, and this method does not have any educational component. In addition, continuing education requirements should be required for any board member serving consecutive years.

During a board certification class, time should be spent discussing the term “fiduciary duty.” While the term is repeatedly used in Chapters 718 and 720 of the Florida Statutes, it is not expressly defined in these statutes. Section 718.111, Florida Statutes, makes reference to Section 617.0830, Florida Statutes, which provides for general standards for directors of not-for-profit corporations, such as community associations.

Section 617.0830, Florida Statutes, provides the following:

      1. A director shall discharge his or her duties as a director, including his or her duties as a member of a committee i) in good faith; ii) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and iii) in a manner he or she reasonably believes to be in the best interests of the corporation.
      2. In discharging his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: i) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; ii) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons’ professional or expert competence; or iii) a committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence.
      3. A director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) unwarranted.
      4. A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section.

Still, though, there is no express definition of the term “fiduciary duty.” The purpose of studying fiduciary relationships is to identify the areas where it exists and gain an insight into the duties of a fiduciary. After all, every board member is a fiduciary for their community association. Common definitions of the term “fiduciary” include:

      • A fiduciary relationship is a relation between two parties wherein one party (fiduciary) has the duty to act in the best interest of the other party (beneficiary or principal).
      • A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person.
      • A fiduciary duty is a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party.
      • Most importantly, and germane to this discussion, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.

In other words, a good community association board member puts the interest of their association above their own personal interests. Thus, while we may not be able to stop bad people from doing bad things, through continuing education we can help good people do better.

To recap, there are three things that can be readily accomplished that would make a positive difference for Florida’s community associations.

      1. Remove the ability of a board member to be “certified” by signature alone.
      2. Require continuing education for board members serving continuous years.
      3. Amend Florida Statutes, Chapters 718 and 720, to include express definitions of fiduciary duty so that it is made patently clear that every board member must put their community association above and ahead of their own personal interests.

 

 

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Need a few reasons to digitize your paper-based engineering and architectural drawings? How about these?

Need a few reasons to digitize your paper-based engineering and architectural drawings? How about these?

1- Accessibility and Sharing. Digital files are easy to search, copy and share, saving valuable time and improving collaboration.
2- Storage and Document Integrity. Digital drawings are much less expensive to store than paper copies and are not subject to degradation over time.
3- Flexibility. Digital drawings are easy to rework or update, streamlining change processes and speeding renovations.
4- Details. Digital designs allow for the addition of audio or video to individual elements, providing an extra level of detail (e.g., materials, site layout, construction processes).
At the end of the day, digitization is a huge time and cost saver.
Call Us—561.372.1290
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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.

 

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Florida’s brewing condo crisis as property values drop in once-coveted retirement haven

Florida’s brewing condo crisis as property values drop in once-coveted retirement haven

A slow-motion crisis is unfolding in Florida’s condo market, threatening to upend the state’s image as a haven for retirees and reasonably priced beach living.

Owners of the state’s older condos are bracing for steep special assessments, while racing to sell their homes and receiving only tepid buyer response.

Amid a property market that’s still vibrant for nearly every other segment, Florida’s aging condominiums are losing value. And nearly 1,400 buildings are now blacklisted from receiving mortgage financing, making those apartments an even-tougher sell.

Thousands of Florida condo units face special repair assessments which are making them difficult to sell — and causing them to lose value quickly. oldmn – stock.adobe.com
Thousands of Florida condo units face special repair assessments which are making them difficult to sell — and causing them to lose value quickly. oldmn – stock.adobe.com

At the heart of this turmoil is a basic reality: Florida’s aging condo buildings desperately need repairs, and state officials are forcing them to assess (and pay for) those long-overdue upgrades.

Under a law enacted after the tragic 2021 collapse of Champlain Towers South in Surfside, which saw 98 people lose their lives, condo boards may no longer defer major structural improvements to another day — or decade. The “Building Safety Act” required every condo tower in Florida aged 30 years or older to complete a structural integrity study by the end of 2024, to get a full grasp of what problems need fixing.

 

This year, the tab for those repairs comes due. Condo boards must now set aside funds to fix the issues found in those studies — from concrete restoration to balcony overhauls. And the assessments on individual condo owners are looking both pricey and unsettling.

“You’re going to see a massive reduction in the value of these buildings based on these giant special assessments and the work that has to be done,” said Orest Tomaselli, CEO of Strategic Inspections, which advises condo boards nationally on how to shore up their reserves.

In Florida buildings he’s worked with, Tomaselli has seen special assessments as low as $250 per month, to a property that levied $2,500 per month, per unit owner, for a three-year stretch.

The assessments result from inspection and repair mandates stemming from the 2021 Surfside building collapse that killed 98 people. AP
The assessments result from inspection and repair mandates stemming from the 2021 Surfside building collapse that killed 98 people. AP

“There are real people in these units that may be displaced,” Tomaselli said of the assessments, “that may lose their nest egg and may lose tremendous amounts of value in their units.”

”At Aventura’s Mediterranean Village, a waterfront condo complex with a marina out front, unit owners were hit with six-figure special assessments last year, some as high as $400,000, according to published reports.

 

At Miami’s Cricket Club, a 50-year-old waterfront tower burdened with $134,000 special assessments per condo, 23 of the building’s 217 condos are currently for sale, according to brokerage Compass. In a Miami market where the median condo price was $445,000 in the fourth quarter of last year, condos at the Cricket Club are seeking buyers with prices as low as $220,000 for a 1,950-square-foot two-bedroom on the 19th floor.  (The owner initially sought $330,000).

The Summit Towers in Hollywood, FL is facing a $56 million assessment. Google Maps
The Summit Towers in Hollywood, FL is facing a $56 million assessment. Google Maps

Meanwhile, at Summit Towers in Hollywood, a building-wide special assessment of $56 million led to the ousting of four board members in a January election, in favor of new members who promised “a more moderate approach” to building up reserves, said Amy Greenberg, a broker and resident of the building with several listings there.

“A lot of people moved here to be able to retire and live their life here, and they’re on fixed incomes,” said Kathleen DiBona, a 50-year resident of Hollywood who serves as president of the Hollywood Beach Civic Association. “They’re having a difficult time being able to manage all that’s coming and hitting them.”Many owners whom DiBona knows in Hollywood, a city dotted with older towers, are seeking to off-load units with little success. Others, she said, have dropped insurance coverage for their condos so they can manage to pay their special assessments.

Failure to pay these assessments will impact more than just the individual owners who can’t afford them. If 15% of unit owners in a building default, the entire property could become ineligible for mortgage financing, according to Tomaselli of Strategic Inspections.

“What happens if nobody can get a loan to buy a unit in your building?” says Joseph Hernandez, a Miami-based partner in the real estate group of law firm Bilzin Sumberg. “It essentially makes the units in your building unsaleable and it makes the value of those units go down.

“We may see a lot of condo projects go into distress.”

Some could already be getting close. In February, Fannie Mae, the national mortgage finance agency, updated its running list of “unavailable” US condo buildings, meaning they are no longer eligible for mortgage financing. Of the 4,885 buildings currently on the list, 29% are located in Florida, the highest share of any state. The top reason: “critical repairs or deferred maintenance,” according to a person familiar with the roster.

One newly flagged example is 4000 Island Blvd., a 32-story condominium in Aventura’s exclusive Williams Island, which was built in 1985 and added to Fannie Mae’s no-lending list in January. At least 24 unit owners are trying to sell, according to Compass. Barry Sytner, the condo board’s president, called the building’s inclusion on Fannie Mae’s list “incorrect,” noting that the property just secured a bank loan commitment to cover expenses tied to its 40-year inspection.

There are roughly 1.1 million condo units in Florida that are 30 years old or more, and subject to the new law, according to the Florida Policy Project. Of those, 58% are concentrated along the Southwest and Southeast coastal counties, in places like Tampa, Clearwater and the greater Miami metro area, including Fort Lauderdale and Palm Beach County.

Around two dozen condos are up for sale in this Aventura, FL condo building, according to reports. miamiresidence.com
Around two dozen condos are up for sale in this Aventura, FL condo building, according to reports. miamiresidence.com

That means the law’s reach extends to more than half of all condo owners in Florida’s famed retirement enclaves. According to brokerage ISG World, apartments that are over 30 years old accounted for 86% of all Southeast Florida condo listings in the fourth quarter of 2024 — a total of  17,198 properties for sale across Miami-Dade, Broward and Palm Beach counties.

Yet even as thousands of newcomers flock to the region, these abundant and discounted units are languishing on the market, weighed down by the threat of special assessments and uncertainty over looming repair costs.

“The fear of the unknown is scaring the hell out of potential buyers,” said Craig Studnicky, ISG’s chief executive officer.

“Remember that show, ‘Let’s Make a Deal?’ ” Studnicky said. “They may get a special assessment and it could be quite modest, which means you just made one hell of a deal. But what if you’re wrong, and the special assessment is gargantuan?  Not only is the special assessment big, but the scope of construction is big, and you’re going to be living in a construction site for the next two years.”

The full extent of special assessments is still an open question for many Florida properties. While the state deadline for condos to submit their structural integrity studies was on Dec. 31, only 39% of buildings in Southeast Florida have done so, according to the Miami Association of Realtors.

Some of that’s because engineers were simply not available, amid a statewide rush to get these studies completed. Others could be gambling that enforcement won’t be robust or swift, said Peter Zalewski, a Miami-based broker, analyst and condo investment consultant.

“You’re going to see a massive reduction in the value of these buildings based on these giant special assessments and the work that has to be done,” said Orest Tomaselli, CEO of Strategic Inspections.
“You’re going to see a massive reduction in the value of these buildings based on these giant special assessments and the work that has to be done,” said Orest Tomaselli, CEO of Strategic Inspections.

“You have buildings that are shopping for studies, because maybe they’re coming in too high, and maybe they can find someone who can lowball it,” Zalewski said.

“People are figuring out what to do,” Zalewski added. “They think there will be a silver bullet, some kind of cure in the upcoming Florida legislative session” amid outcry from condo owners

The state legislature, which convenes its 2025 session March 4, has no plans to bail out condos or offer reprieve from the deadlines to fund repairs, Florida legislative leaders said at a condo conference last month held by Miami Realtors, according to Homes.com.

“A lot of people moved here to be able to retire and live their life here, and they’re on fixed incomes,” said Kathleen DiBona. Courtesy of Kathleen DiBona
“A lot of people moved here to be able to retire and live their life here, and they’re on fixed incomes,” said Kathleen DiBona. Courtesy of Kathleen DiBona

Lawmakers, however, might consider financing solutions to help condos cover the cost of structural studies and maintenance, including allowing reserve funds they set aside to be invested.

Despite some maintenance challenges, Florida’s older condos still reflect the only affordable opportunity at homeownership for those who can’t swing the price tags of Miami’s new crop of ultra-luxury developments, says Scott Diffenderfer, a Miami-Beach-based broker for Compass who specializes in sales of older units.

He says he’s pretty upfront with potential buyers these days about the scope and costs of repair that some of his listings will undergo.

Brokers view the new regulations and mandatory repairs as a necessary correction to Florida’s once-lax condo standards, Diffenderfer explained.

Previously, buyers had little insight into a building’s true condition — much like purchasing a used car without a Carfax report.

Now, with stricter enforcement requiring proper reserves and full disclosure of maintenance history, brokers say the condo market could become more transparent and ultimately unlock greater value for owners.

“For probably 75% of the buildings in South Florida, when the dust settles, people are going to say, ‘You know what? That was painful. But look at these buildings!’ ” Studnicky said. “They’re in great shape.”

We see our members for the past years the ones being called upon by condo Boards to help them navagate the waters for inspections, Boards tell us SFPMA Directory is one place they find the most help, top companies giving them the honest assessments for Owners.

 

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Update: what happens if condos dont get the florida inspection. sfpma.com

Update: what happens if condos dont get the florida inspection. sfpma.com

What happens if condos dont get the florida inspection?
If a condo in Florida does not undergo the required inspection, the condo association could face significant consequences including: difficulty obtaining insurance renewals, increased insurance premiums, potential legal action from owners, inability to sell units easily due to disclosure requirements, and may be forced to levy special assessments on owners to cover necessary repairs identified in the inspection if they are not completed, potentially leading to financial strain for residentsultimately, if structural issues are severe, the building could be deemed unsafe for occupancy by local authorities.

Key points about Florida condo inspections:
  • New legislation:

    Florida enacted strict laws requiring regular structural inspections for condos, particularly older buildings, following the tragic Champlain Towers collapse in Surfside.

  • Consequences of non-compliance:

    Condo associations that fail to get inspections done could face penalties, including difficulty securing insurance, higher insurance costs, and potential legal action from unit owners.

  • Disclosure requirements:

    Inspection reports must be disclosed to potential buyers, making it difficult to sell units if the building has not been inspected and repairs are needed.

  • Reserve funds:
    Inspections are often tied to the need to build up sufficient reserve funds to cover necessary repairs identified in the inspection

Update Jan, 13, 25
What is the new law for condo inspection in Florida?
Under the laws, all buildings occupied before 1992 must complete a milestone inspection by Dec.31, 2024. This is an examination of the building’s structural integrity by an architect or engineer. The requirement also applies to buildings at least 25 years old that are within 3 miles of the coast

In Florida, if your condo association fails to get a required “milestone inspection” done by the deadline, they could face legal consequences, including potential fines and penalties, as the law mandates these inspections for structural integrity, particularly for buildings reaching 30 years old and every 10 years thereafter; however, if you are actively trying to schedule the inspection and encounter delays due to factors like a backlog of engineers, you might be able to demonstrate “good faith effort” to avoid severe repercussions. 

Key points about Florida condo inspections and missed deadlines:
  • Milestone Inspection Requirement:

    Florida law requires most condominium buildings to undergo a comprehensive “milestone inspection” once they reach 30 years old and then every 10 years after that. 

  • Potential Consequences:

    If the inspection is not completed on time, the condo association could face penalties or legal action from the state or unit owners. 

  • “Good Faith Effort” Defense:

    If the association can demonstrate they were actively trying to schedule the inspection and encountered unavoidable delays (like a shortage of qualified engineers), they might be able to avoid severe penalties. 

  • What to do if you miss the deadline:
    • Contact the condo association: Immediately reach out to the association board to understand the situation and discuss next steps. 
    • Review the inspection requirements: Ensure the association is aware of the specific deadlines and necessary steps for the milestone inspection. 
    • SB 4-D increases the safety of Florida’s condominiums by requiring inspections for all condominiums and cooperative buildings that are three stories or higher. SB 4-D requires the following for condominiums and cooperatives:

      • Condominiums and cooperatives must conduct a Structural Integrity Reserve Study (SIRS) for buildings that are three stories or higher to ensure that necessary funding is available for any future structural repairs that may be needed. This study must be completed at least every 10 years after the condominium’s creation, regardless of the condominium’s age.
      • Structural milestone inspections are required for condominium and cooperative buildings of a certain age, depending on their distance from the coastline.
      • To increase transparency and accountability, all structural inspection reports and reserve studies are required to be part of the condominium association’s’ official record and must be provided to potential purchasers of a condo unit.Consult legal advice: If there are concerns about potential legal issues, consider seeking advice from a legal professional specializing in Florida condominium law.

       

What is Senate Bill 4-D?  -Some background:

SB 4-D increases the safety of Florida’s condominiums by requiring inspections for all condominiums and cooperative buildings that are three stories or higher. SB 4-D requires the following for condominiums and cooperatives:

  • Condominiums and cooperatives must conduct a Structural Integrity Reserve Study (SIRS) for buildings that are three stories or higher to ensure that necessary funding is available for any future structural repairs that may be needed. This study must be completed at least every 10 years after the condominium’s creation, regardless of the condominium’s age.
  • Structural milestone inspections are required for condominium and cooperative buildings of a certain age, depending on their distance from the coastline.
  • To increase transparency and accountability, all structural inspection reports and reserve studies are required to be part of the condominium association’s’ official record and must be provided to potential purchasers of a condo unit.

 

What is Senate Bill 154?

SB 154 revised the requirement for condominiums to collect reserves and allows a majority of voting residents to elect not to provide reserves or to provide less reserves than required. However, this legislation prohibits waiving or reducing reserve funding for repairs and maintenance of structural components identified in the SIRS.

Additionally, SB 154 refined the requirements of the SIRS to provide clarification on the items required in a SIRS and expanded who can perform a SIRS.

SB 154 allowed a specific type of condominium (multi-condominium with 25 condominiums or more) to provide no reserves or less reserves than required if an alternative funding method was approved by the Division of Condominiums, Timeshares, and Mobile Homes. The Division received funding to contract with a third-party to review alternative funding methods submitted to the Division for review and approval.

 

What is House Bill 1021?

HB 1021 increases transparency and accountability through changes to meeting requirements, voting, education for condominium directors, recordkeeping and reporting, and support from the Florida Department of Business and Professional Regulation (DBPR). Additionally, HB 1021 introduced criminal penalties for board members who act in bad faith, increased DBPR’s ability to address resident complaints through investigations, and established a criminal referral process to streamline accountability for individuals that have engaged in criminal activity.

What types of buildings or structures are excluded from the Structural Integrity Reserve study (SIRS) requirements?

The SIRS requirements do not apply to buildings less than three stories in height; single-family, two-family, or three family dwellings with three or fewer habitable stories above ground; any portion or component of a building that has not been submitted to the condominium form of ownership; or any portion or component of a building that is maintained by a party other than the association.

Who is required to do a Structural Integrity Reserve study (SIRS)?

A residential condominium association must complete a SIRS for every building in the condominium that is three stories or higher, as determined by the Florida Building Code.

When is the Structural Integrity Reserve study (SIRS) due, and how often does my association need to complete a SIRS?

Unit owner-controlled associations existing on or before July 1, 2022, must have a SIRS completed by December 31, 2024. A residential condominium must have a SIRS completed at least every 10 years after the condominium’s creation.

The deadline to complete a SIRS is December 31, 2024. When does my association have to start reserving for a SIRS?

If your budget is adopted on or before December 31, 2024, you may vote to waive or provide less than the required SIRS reserves with a majority vote of the total voting interest of the association. You will need to begin funding your SIRS reserves in accordance with the reserve study January 1, 2026.

If your budget is adopted on or after January 1, 2025, you may not waive your SIRS reserves and need to begin funding your SIRS reserves in accordance with the reserve study.

When does my association have to report to the SIRS?

Within 45 days after receiving the SIRS, the association must provide the division with a statement indicating the study was completed and provided to the unit owners.

Can a milestone inspection or inspection for a similar local requirement, such as a re-certification inspection, substitute a SIRS visual inspection?

An association that is required to complete a MI in accordance with section 553.899, Florida Statutes, on or before December 31, 2026, may complete the SIRS simultaneously with the milestone inspection (MI). However, in no event may the SIRS be completed after December 31, 2026.

If the MI required by section 553.899, Florida Statutes, or an inspection completed for a similar local requirement, was performed within the past 5 years and meets the SIRS requirements, such inspection may be used in place of the visual inspection portion of the SIRS.

What is the difference between a milestone inspection and a SIRS?

A milestone inspection is a structural inspection of the building, including the load-bearing elements.

A SIRS is based off a visual inspection of the items required in s. 718.112(2)(g), F.S. and is a budget planning tool that identifies components of a condominium that are the responsibility of the association to maintain and replace and includes a plan to fund future maintenance and repairs.

 

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 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.

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