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Read the FLORIDA RISING MAGAZINE July 2020 Edition

Read the FLORIDA RISING MAGAZINE July 2020 Edition

  • Posted: Jul 09, 2020
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Read the FLORIDA RISING MAGAZINE July 2020 Edition

Have a Great Weekend!

July 2014 we Started the Magazine / Now in our 6th Year! 

https://joom.ag/8RNC
Direct Link to the July Issue
or Click the Cover!

As of June SFPMA has cancelled the contract with the Design Company due to contract issues:  Late Editions, Design Issues and other. We wish them well on the other business they have ongoing.

What this means for THE FLORIDA RISING MAGAZINE is: My Team will again publish and design the magazine as we did since its beginning! We are updating all areas, and will have the new sections ready for Aug 2020-  Thank You

If you are a Member of SFPMA and would like to contribute Articles Send them to us: membership@sfpma.com

We are here to help our Florida Companies that are having a harder time getting up and running, Contact Us we are happy to give you an Ad in the Magazine for a few months!

We send to over 214,000 Emails of Managers, Condo and HOA Owners and Board Members, Our Member Companies and many others who wish to have the magazine sent to them monthly. 

We do have advertising and some of the best rates / our Goal is: Get you in front of the Decision makers, Let them learn how you can help them.

Our Special Thanks to our Sponsors

 

Partners and Members

 

 

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Webinar: RECORDS REVELATIONS – OFFICIAL RECORDS AND HOW TO READ FINANCIAL STATEMENTS by Katzman Chandler

Webinar: RECORDS REVELATIONS – OFFICIAL RECORDS AND HOW TO READ FINANCIAL STATEMENTS by Katzman Chandler

  • Posted: Jul 06, 2020
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RECORDS REVELATIONS – OFFICIAL RECORDS AND HOW TO READ FINANCIAL STATEMENTS by Katzman Chandler

WEBINAR Florida 

RECORDS REVELATIONS – OFFICIAL RECORDS AND HOW TO READ FINANCIAL STATEMENTS by Katzman Chandler

Date: Thursday, July 9, 2020 Time: 12:00 pm – 2:00 pm

Location: Online Event via, Zoom

What constitutes official records of an association? What is private, what is not? How do you go about inspecting records?

REGISTER NOW

 

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FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL by Kaye Bender Rembaum

FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL by Kaye Bender Rembaum

  • Posted: Jul 06, 2020
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FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL

by Kaye Bender Rembaum

Below you will find face covering requirements for Palm Beach, Broward, Miami-Dade, Hillsborough, Pinellas, Pasco and Manatee Counties. In addition, the cities of Hallandale and Aventura are disucussed.

Where appropriate, face covering requirements for those living in condominiums and homeowners’ associations are discussed as well.

A recall was issued for a certain manufacture of hand sanitizer products which is presented immediately below the face covering information.

 

PALM BEACH COUNTY

Palm Beach County Order No. 2020-012 provides that effective June 25, 2020, facial coverings are required to be worn in public.  Specifically, facial coverings are required to be worn in:

 

i) Businesses and establishments of any type, including, without limitation, restaurants, retail stores, grocery stores, gyms, indoor recreational facilities and vehicles for hire,

ii) Public places, including outdoor areas that are open and regularly accessible, and outdoor common areas within private communities, where social distancing is not possible or not being practiced, 

iii) Palm Tran transit services, and

iv) County and municipal governmental facilities. 

 

Facial coverings are defined under the Palm Beach County Order as any covering which snugly covers the nose and mouth, whether store bought or homemade, mask or clothing covering, including, but not limited to, a scarf, bandana, handkerchief, or other similar cloth covering and which is secured in place. The Order is clear that facial coverings are required to be worn in outdoor common areas within private communities accessible to more than one housing unit where social distancing cannot be accomplished or is not being practiced.

One must also wear a facial covering while working in or visiting businesses and establishments, including indoor recreational facilities.

Businesses and establishments are further required to ensure compliance with the Order and establish a process for verification of compliance upon customer entry into the establishment, and to conspicuously post a specific sign in three languages (CLICK HERE TO LINK-http://discover.pbcgov.org/pdf/covid19/Retail-Mask-Poster.pdf) indicating that persons must wear facial coverings and maintain social distancing.

The Order does not specifically identify indoor common elements or common areas of condominium and homeowners’ associations as businesses or establishments where facial coverings must be worn. However, due to the fact that any type of business or establishment must comply and indoor recreational facilities are specifically listed as establishments in the Order, we believe that the Order likely applies to indoor common element and common area facilities.  Therefore, we recommend that you treat your indoor facilities as establishments under the Order until further orders or guidance is provided by the County.  This means that associations should monitor and require compliance with facial covering requirements, particularly in indoor recreational facilities, and conspicuously post the designated sign required by the Order.

There are exceptions to the facial covering requirements for certain individuals and in certain situations where they are not feasible, including, but not limited to, by children under two (2), by persons who have medical conditions such as asthma or COPD, and while consuming food or beverages.  However, the exceptions are limited and should be implemented in accordance with the Order so as not to cause the spread of the virus.  Finally, compliance is serious as the county has now indicated that fines and penalties may be issued for businesses that do not comply. Whether this includes associations is to be determined.

 

BROWARD COUNTY

Generally, facial coverings must be worn anytime you obtain a good or service from any establishment, including entering, exiting, and otherwise moving around within the establishment (and must be worn by persons working in those establishments during in-person interactions).

The covering should cover the nose and mouth, and comply with the CDC recommendations on the use and sanitation of such coverings. There are certain limited exemptions, including, without limitation, children under the age of two or children of any age while in the custody of licensed childcare facilities, persons with medical conditions, or during the time-period when you are receiving a good/service that precludes wearing a facial covering (e.g., eating, drinking, receiving a facial grooming).

Violations are subject to potential civil penalties (fines) and/or criminal enforcement (2nd degree misdemeanor).  Suspected violations can be reported to local municipal code enforcement.  The Broward County Order does not specifically require facial coverings within private residential communities (condos/HOAs). Please note, however, that cities may have stricter requirements than the county, so you should confirm with your city accordingly.

Any questions concerning the county requirements can be directed to the County COVID19 Hotline: ‪(954) 357-9500.

 

The relevant FAQ from the county, and the three (3) Orders are below:

FAQ about Facial Coverings from County: https://www.broward.org/CoronaVirus/Documents/FacialCoveringsFAQs.pdf

EO #12: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-12.pdf

EO #13: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-13.pdf

EO #14: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-14.pdf

 

CITY OF HALLANDALE

Facial coverings are required within the common areas of all buildings with multiple residents per Emergency Order HB20-12.

 

CITY OF HOLLYWOOD

All persons beyond legal boundary of residential property are required to wear facial coverings consistent with CDC guidelines as per Emergency Order 2020-06.

 

 

MIAMI-DADE COUNTY

Miami-Dade County issued Emergency Order 20-20 on April 9, 2020 (“Order 20-20”) which requires that all persons working in or visiting grocery stores, restaurants, pharmacies, construction sites, public transit vehicles, vehicles for hire, and locations where social distancing measures are not possible to wear facial coverings. In other words, face masks are required where social distancing is not possible. The Order defines a facial covering as “any covering which snugly covers the face and mouth, whether store bought or homemade, and which is secured with ties or ear loops.”

On May 15, 2020, Miami-Dade County issued Emergency Order 23-20 (“Order 23-20”) further providing that anyone “working in or visiting an establishment, including but not limited to airports, seaports, and mass transit facilities and vehicles” must wear a facial covering as described in Order 20-20. However, Order 23-20 provides an exemption for children under the age of two years, persons who have trouble breathing, where federal or state safety regulations prohibit the wearing of facial coverings, and for persons engaged in strenuous physical activity.

On May 27, 2020, Order 23-20 was amended to provide an additional exemption to the facial covering requirement “while persons are eating or drinking.” Additionally, Order 23-20 adopts The New Normal; A Guide for Residents and Commercial Establishments (the “New Normal Guidelines”) which includes industry specific protocols for the reopening of retail and commercial establishments, including general reopening guidelines that provide that facial coverings must be worn inside businesses and commercial establishments or wherever social distancing is not possible.

On June 22, 2020, Mayor Carlos A. Gimenez released a statement regarding the importance of wearing masks and social distancing. He reiterated that masks are required indoors at business establishments and outdoors when people cannot practice social distancing to remain at least six (6) feet apart. In his statement, Mayor Gimenez acknowledged the stricter rules issued by some municipalities in Miami-Dade County, including Miami, North Miami Beach, Aventura, Hialeah, and Miami Gardens.

 

CITY OF AVENTURA

As pertains to community associations, the City Manager of Aventura issued Emergency Order Number 12 (“Order 12”) which provides additional mandates requiring the use of facial coverings in the interior “Common Areas” of commercial buildings and residential condominium and cooperative buildings. Order 12 provides that common areas include lobby/reception areas, hallways, elevators, mailrooms, clubhouse/meeting rooms, and stair wells. That means that you are required to wear a mask in any interior common areas of condominium or cooperative buildings in the City of Aventura. It is important to note that Order 12 provides that property managers/building managers are required to enforce the facial covering requirement.

 

HILLSBOROUGH COUNTY

Order 2020-27 went into effect on 5pm June 24, 2020.  The order does not specifically apply to community associations as they are not a “business” under the order. Face coverings must be worn inside all indoor establishments. Businesses are required to enforce the mask order and can be charged with a second-degree misdemeanor if they don’t, a penalty of up to 60-days in jail and/or six months’ probation and a $500 fine.  The exception does not apply to children under two, persons with pre-existing medical conditions that would be worsened by a mask, hearing-impaired persons, those working in a profession that would be unable to perform their duties with a mask such as public safety, exercising, eating and drinking, or those already observing federal social distancing guidelines (the 6-foot rule).

Tampa is the only exception in Hillsborough where the mask rule would apply to community associations.  if you are outside your home, you must wear a face covering and if no face covering,  up to a $500 citation could be issued.  This would apply to community associations whenever a resident is outside of their residence.

 

PINELLAS COUNTY

Order 20-14 went into effect on 5pm June 24, 2020. Face coverings must be worn in all indoor public places in Pinellas County.  While not specifically drafted to apply to community associations, the definition of indoor public place would cover community associations when the residents can access the facility.  The only exceptions applicable to community associations are if less than 10 people are in the facility and they are practicing social distancing.  Parties not wearing a mask can receive a civil citation of $100 for a first offense, $250 for a second and $500 for a third. Additional repeat violations may result in a misdemeanor arrest.  The exceptions mirror those of Hillsborough County and Pinellas’s enforcement cannot conflict with the Americans with Disabilities Act.  The Order does not apply to government entities or hospitals or persons under the age of 18.

 

PASCO COUNTY

Order went into effect ‪5pm on June 25, 2020.  Face coverings must be worn inside all businesses, government offices, and schools.  The definition of businesses is nebulous enough to ensnare community associations under the “providing services to the public” standard.  If someone does not wear a mask in the aforementioned places, they will not be able to enter the business, or will be removed once inside. Individual business owners are required to enforce the ordinance or may face a fine up to $250. The exceptions mirrors Hillsborough County and Pasco’s enforcement cannot conflict with the Americans with Disabilities Act.  It is suggested you speak with your community association’s attorney due to the lack of specificity in Pasco County’s Order to determine if the Order may apply to your community association.

 

MANATEE COUNTY

No mask requirements.

 

 

HAND SANITIZER RECALL 

The Food and Drug Administration issued a warning on nine alcohol-based hand sanitizers manufactured by Eskbiochem SA de CV in Mexico because  it contains wood methanol, a toxic substance.  It can result in death if ingested or if  absorbed through the skin.

“Consumers who have been exposed to hand sanitizer containing methanol should seek immediate treatment, which is critical for potential reversal of toxic effects of methanol poisoning,” the FDA wrote on June 19.”

Following is list of the hand sanitizers manufactured by Eskbiochem:

 

All-Clean Hand Sanitizer (NDC: 74589-002-01)

Esk Biochem Hand Sanitizer (NDC: 74589-007-01)

CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-008-04)

The Good Gel Antibacterial Gel Hand Sanitizer (NDC: 74589-010-10)

CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-005-03)

CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-009-01)

CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-003-01)

Saniderm Advanced Hand Sanitizer (NDC: 74589-001-01)

 

 

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5 SAFETY TIPS FOR A FUN & SAFE JULY 4TH IN YOUR HOMEOWNERS ASSOCIATION

5 SAFETY TIPS FOR A FUN & SAFE JULY 4TH IN YOUR HOMEOWNERS ASSOCIATION

  • Posted: Jul 03, 2020
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5 SAFETY TIPS FOR A FUN & SAFE JULY 4TH IN YOUR HOMEOWNERS ASSOCIATION

Any fireworks that explode, emit a flame or spark, performs as a projectile, may be illegal and prohibited in many municipalities by Fire Prevention Codes. Violators could be subject to arrest,  fines, and could be liable for damages or injuries caused by those fireworks.

 

Here are 5 tips to help you have an enjoyable July 4th celebration if it involves fireworks:

1. Use only legally purchased, approved fireworks. Use them as directed, under supervision and clear of any combustible material and clear of all buildings.  Legal fireworks should be used or overseen by a responsible adult. No such fireworks may be thrown into, over, or around other homes, forested areas, or left in the common areas of the HOA. Residents who fail to comply with these restrictions will be held responsible for any damage and repairs.

 2. Local Code enforcement Laws – If you plan on using fireworks you should first check with the local law enforcement or city codes before setting off fireworks. There may be noise ordinances and fireworks may be illegal all together. This goes beyond the governing by your HOA.

  1. HOA Property rules and regulations – If you plan on using fireworks for a 4th of July celebration it is important to check your HOA documents,  Association’s CC&Rs regarding the use of fireworks. You could be in violation of HOA rules or safety rules.

  2. Safety-Insurance – You need to fully understand your homeowners insurance policy regarding your own property damage, accidents or injuries as a result of using fireworks. If your fireworks go or land on another resident’s property or on common areas, you may be responsible for damages to property and accidents or injuries that may occur.

People think sparklers are safe. Some sparklers can attain a temperature as high as 1800 degrees Fahrenheit and cause severe injuries. Whether a spectator or the user of malfunctioning fireworks, victims may be able to seek damages for their injuries.

  1. Littering – Fireworks leave debris, paper shreds, fuses, powder residue and other materials that may leave a mess and be potentially harmful.   Be sure to clean up after your fireworks display. You could incur a fine for littering or damage to yards, sidewalks, streets or other common areas.

To ensure a safe 4th of July, we encourage residents to know and adhere to all policies by your community association and local laws before having a fireworks display.

It is reported that 200 people on average go to the emergency room every day with fireworks-related injuries in the month around the July 4th holiday.

It’s the responsibility of the HOA board to uphold, enhance, and maintain the Association. Reminding residents of 4th of July safety lets them know you care about their safety.  This is why HOA ‘s must implement and enforce rule and regulations to protect the association, homeowners and the community.

It’s not too late to get patriotic and think about your HOA hosting its own July 4th celebration to let members know they live in a fun and safe HOA.

 

 

Below are tips and laws from Consumer product Safety commission

We believe everyone  has the right to celebrate our country’s freedom on the 4th of July with Joy & Enthusiasm. Keep in mind that your right to celebrate ends where the local noise ordinances, laws, your neighbor’s rights and property begins.

 

WASHINGTON, D.C. – This year’s July 4th holiday may look different from most, with many people celebrating from home due to social distancing restrictions still in place to help stop the spread of COVID-19. All too often, however, Independence Day backyard celebrations can end up with a trip to the hospital for fireworks-related injuries.

“Many Americans will not get to see the grand, professional fireworks displays this 4th of July given the cancellations of public celebrations and stay-at-home orders across the country. As an alternative, people are purchasing their own fireworks in an effort to recreate that tradition at home,” said CPSC Commissioner Dana Baiocco. “The need for safety awareness regarding fireworks is greater than ever,” she said, “and anyone who plans to use consumer fireworks this year should review and follow CPSC’s simple safety tips to prevent injuries and incidents.”

The U.S. Consumer Product Safety Commission (CPSC) wants consumers to know the risks of handling fireworks at home, and how to prevent serious injuries and deaths.

Tips to Celebrate Safely

  • Never allow young children to play with, or ignite, fireworks, including sparklers. Sparklers burn at temperatures of about 2,000 degrees Fahrenheit—hot enough to melt some metals.

  • Keep a bucket of water or a garden hose handy, in case of fire or other mishap.

  • Light fireworks one at a time, then move away quickly.

  • Never try to relight or handle malfunctioning fireworks. Soak them with water and throw them away.

  • Never place any part of your body directly over a fireworks device when lighting the fuse. Move to a safe distance immediately after lighting fireworks.

  • Never point or throw fireworks (including sparklers) at anyone.

  • After fireworks complete their burning, douse the spent device with plenty of water from a bucket or hose before discarding the device to prevent a trash fire.

  • Make sure fireworks are legal in your area, and only purchase fireworks that are labeled for consumer (not professional) use.

The Data on Injuries and Deaths

Today, CPSC announced that about 10,000 injuries and 12 fireworks-related deaths were reported for 2019.

There were an estimated 10,000 fireworks-related, emergency department-treated injuries in 2019, with 73 percent occurring during the month surrounding the Fourth of July (June 21-July 21). During that period, sparklers were the number one cause of injuries, accounting for an estimated 900 injuries; 66 percent of the injuries were to males. Similar to 2018’s data, nearly half of the estimated injuries were to individuals younger than 20 years of age. In fact, half of reported sparkler injuries involved children younger than 5.

At least 12 people died from fireworks-related incidents in 2019. Several deaths occurred when victims held and ignited fireworks. In one of the reported cases in 2019, a 21-year-old male was critically injured when lighting mortar-type fireworks on the rooftop of an apartment complex. The firework ignited and exploded while the victim was holding it over his head. The victim was taken to the hospital, where he died five days later.

CPSC has reports of 126 fireworks-related deaths between 2004 and 2019.

Video News Release (VNR)

For lifesaving information:

– Visit CPSC.gov.

– Sign up to receive our e-mail alerts.

– Follow us on Facebook, Instagram @USCPSC and Twitter @USCPSC.

– Report a dangerous product or a product-related injury on www.SaferProducts.gov.

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CAN I FLY MY FLAG? By Eric Glazer, Esq.

CAN I FLY MY FLAG? By Eric Glazer, Esq.

  • Posted: Jul 03, 2020
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CAN I FLY MY FLAG? By Eric Glazer, Esq.

Published June 29, 2020 Eric Glazer 

 

It’s July 4th.  Our country’s birthday.

USA flags will be flying everywhere, even in our community associations and even if the Board in that association says take it down.  With the political upheaval sweeping the country, this year I anticipate receiving complaint about owners or renters displaying flags that are not American flags, but flags that support a specific cause.    The question is…can they do it.  The answer is…not if the Board says they can’t.

The 4th of July – INDEPENDENCE DAY! It’s a day when we all should celebrate the birth of our nation – a nation that was built on the foundation of our CONSTITUTION and the statement: “IN GOD WE TRUST”! It’s a day when we should proudly display our nation’s flag: OL’ GLORY!

Our nation has a lot to be proud of and I think it’s high time to finally teach our kids our proud history. Our kids should know how our forefathers fought for independence and what it all meant. Especially Ivy League students should know who fought in the War of Independence. Aren’t these students supposed to be the “future of our country?”

 

The Freedom to Display The American Flag Act of 2005 states:

A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.

Many proud owners of properties within community associations have proudly displayed “OL’ GLORY” – and paid a heavy price for it in many cases. Lots of lawsuits have been fought over flying “Ol’ Glory!” I can assure you, if you would have all the legal fees wasted here in Florida on these lawsuits, you would be a multi-millionaire.

After the long lawsuit fought by George Andres – nicknamed the Jupiter flagman – we were able to add provisions into the community association statutes (FS 718.113(4)  + FS 720.304(2) that allows owners to proudly fly our national flag (and some others, see statutes). But, what’s new? Some association board members and management companies still haven’t gotten the message.

But this is the 4th of July and we celebrate the BIRTH OF OUR GREAT NATION.

Let’s show our pride in our great nation and proudly fly “OL’ GLORY”!

 

This federal law allows the association to make reasonable restrictions.  Florida codified its own law and states:

For condominiums:

Any unit owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations.

 

For homeowner associations:

Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.

(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.

 

 

An HOA board that did not bother to check out state laws would quickly find itself in a losing position if it tried to enforce a covenant restricting flagpoles – especially where the flagpole was well-maintained and the display was respectable in accordance with the

U.S. Flag Code.

So when it comes to enforcing covenant restrictions – real or imagined – against homeowners displaying flags or building flagpoles, boards should look before they leap.

 

So, the law is clear.  You only have a right to display the flag of the USA.  The stars and stripes.  That’s it.  You have no right to display any other type of flag and your association may require you to take it down.

It’s more important than ever to display the flag.  Do so proudly.

FL Statute 720.304(b)

specifically states: “Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement.”

 

Glazer & Sachs, P.A.

Florida Homeowners’ Association and Condominium Law Attorneys

Thank you for your interest in Glazer and Sachs, P.A.  Our six attorney firm exclusively practices community association law.  Visit our website located at www.condo-laws.com and be sure to click on our “Legal Beat” newsletter where you can read our association law newsletters that we have been publishing for the past two decades.  While there, you can also learn more about the firm’s attorneys, see some of our TV appearances and read articles from around the country wherein attorneys at this firm have been asked to comment about association legal issues.

 

 

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TO GRILL OR NOT TO GRILL, THAT IS THE QUESTION

TO GRILL OR NOT TO GRILL, THAT IS THE QUESTION

  • Posted: Jul 03, 2020
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TO GRILL OR NOT TO GRILL, THAT IS THE QUESTION

by Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

Summer is upon us, and in between preparing for possible hurricanes, dealing with the kids home from school, and planning for the summer holidays, many of us are feeling the heat and want to get out of the kitchen.  We want to grill our food, especially on the 4th of July.

However, the State of Florida has rules about that.  If you live in a Florida condominium, you will want to think twice about grilling on your balcony.  Florida Statutes require that every three years a new edition of the Florida Fire Prevention Code must be adopted; and at the end of 2017, the Sixth Edition of the Code permitted the use of certain electric grills which had been previously prohibited.

 

Here’s what the old rule said: 

​With respect to cooking equipment, Section 10.10.6.1 prohibits using or kindling “hibachis, grills, or other similar devices for cooking, heating, or any other purpose on any balcony, under any overhang portion, or within 10 ft (3m) of any structure, other than in one and two-family dwellings.” ​

Here’s what the new rule says:

Section 10.10.6.1.1 allows “listed electric portable, tabletop grills, not to exceed 200 square inches of cooking surface, or other similar apparatus.” In other words, if you have a qualifying cooking apparatus that is sanctioned by the Code, you can now grill on your balcony!  What does “listed” mean?  It means that United Laboratories (UL) has tested representative samples of the product and determined that it meets UL’s requirements.  For a product to become UL Listed, it must go through several tests and meet high safety standards.

But there’s still a catch:

If your association has adopted any rules that run counter to the minimum requirements of the Code and impose stricter requirements, those rules then apply.  Check with the Board, check the association’s bylaws, check the association rules and regulations, and then think before you grill!

 

Many times, the main problem is not the grill, but the smoke that causes a nuisance to other owners.  Smoke can become ​the real issue rather than the size of the apparatus.  The last thing you want is to have the fire department arrive because a neighbor smelled smoke coming from your balcony and thought there was a fire.  Happy grilling!

Read more Articles from: Royale Management Services, Inc. Find them direct on their Website > 

Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

 

 

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Upcoming Katzman Chandler Distance Learning Courses

Upcoming Katzman Chandler Distance Learning Courses

  • Posted: Jul 01, 2020
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Upcoming Katzman Chandler Distance Learning Courses

Free Education Classes for Board Members – Condo and HOA & Property Management Professionals

Date: July 2nd

Time: 1pm-2pm

Course: Do we need a Committee for that?

Description: Join Bill and Sue Raphan online as they discuss the importance of committees in condominiums, cooperatives and homeowners’ associations. Learn about committee formation, composition and best practices for effective operation.

Location: Online Zoom – Register at https://www.katzmanchandler.com/events/committee-basics

Date: July 9th

Time: 12pm-2pm

Course: Records Revelation – Official Records and How to Read Financial Statements.

Description: What constitutes official records of an association? What is private, what is not? How do you go about inspecting records?

Location: Online Zoom – Register at https://www.katzmanchandler.com/events/records-revelations-official-records

Date: July 23rd

Time: 12pm-2pm

Course: Maintaining Order – A discussion on Rules and Regulations, Governing Documents and Fining in Community Associations.

Description: What are community association covenants and restrictions? What rules and regulations? How are they adopted and enforced? This course provides answers to these questions, as well as a primer on association governing documents, their order of priority and enforceability, and includes a review of fines and fining procedures.

Location: Online Zoom – Register at https://www.katzmanchandler.com/events/maintaining-order-a-discussion-on-rules-regulations-governing-documents-and-fining-in-community-associations-2

 

 

 

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The Plan – Identifying the Potential Consequences of a Disaster by BECKER

The Plan – Identifying the Potential Consequences of a Disaster by BECKER

  • Posted: Jul 01, 2020
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The Plan – Identifying the Potential Consequences of a Disaster

by BECKER

 

The first step toward developing and implementing a disaster plan is identifying the potential consequences of a disaster. The second step is to develop and implement a plan to mitigate the impact of a disaster to the fullest extent possible.

Evacuation

Emergency evacuation routes and special instructions regarding use of elevators and stairwells should be clearly posted. Don’t forget to rehearse evacuation procedures on a periodic basis.

Destruction of Real Property

Damage or destruction of real property is often the primary claim and causes the greatest hardship. The main areas of concern include:

  • Buildings and other structures
  • Landscaping
  • Roads and Pathways

Damage to Personal Property

The items most at risk during a disaster are furniture, fixtures, and personal property. The items of most concern include:

  • Electronic equipment, data and other forms of technology
  • Indoor and outdoor furniture, art, lighting, pool equipment, pool furniture and assorted fixtures
  • Documents and important papers such as governing documents, Association surveys, plans, insurance policies.
  • Rental and owner records and personnel files
  • Accounting records
  • Vehicles and equipment

Injury or Loss of Life

Carbon monoxide poisoning, heart attacks and drowning are the top three causes of death as a result of a hurricane. People over 75 are particularly at risk. Identify “high risk” individuals with disabilities or medical needs requiring special attention when preparing your community’s disaster plan.

Relocation

Your disaster plan should anticipate not only the possibility of a total casualty loss, but also the need to relocate, temporarily or permanently, depending on the level of impact. While many communities are able to clean up storm debris promptly, many others will remain in turmoil for quite some time after being impacted by a disaster. After Hurricane Opal and the BP Oil spill, some owners were unable to rent out their units which resulted in a loss of significant income to them and, in some cases, ultimately resulted in the loss of the property to foreclosure.

Impact on Employees

The board should consider the emotional impact a storm’s approach has on the association employees, particularly an onsite manager. Association employees will not only be responsible for preparing the community for a storm’s approach, but they are also concerned about preparing their own homes and families for the potential disaster.

Associations are well advised to task their attorneys with creating a reasonable approach to these pre- and post-storm employee policies.

Economic Impact

The economic impact of a disaster can be extensive. Unit owners displaced from work may be unable to meet their financial obligations to the association. Uninsured, underinsured or non-covered losses under both the association’s policy as well as the owner’s policy may require the board to pass special assessments. The higher cost of goods and services resulting from shortages further compounds the problem in the shortterm.

In sum, the impacts of a disaster will vary from event to event. It is advisable to prepare for all possibilities.

 

 

Becker Shareholder Donna DiMaggio Berger will join CASTLE for episode 12 of their webinar series “Combatting COVID-19 In Your Community Association,” on July 8 at 12:00 p.m.

She will be joined by CASTLE founder and CEO James Donnelly.

Register now: http://ow.ly/QCxl50Aneca #Webinar #CommunityAssociations #BeckerFTL

 

 

Planning for a disaster

Designation of a Disaster Coordinator or Disaster Committee

The ability of a community association to minimize its damages and speed up its recovery depends in large part upon its preparation.

Every disaster plan should include having a person or committee in place prior to the disaster with full authority to implement the Disaster Plan.

Designation of an Information Facilitator

In times of crisis, communication is key. A major hurdle to recovery is rumor and misinformation; both can hamper successful recovery efforts. An information facilitator can help to stop the rumor mill in its tracks. Today’s computer and smart phone technology provide the ideal vehicles to communicate with residents. Every association should have its own website, which can be a great resource for disseminating information and staying in touch with the unit owners. A text messaging system for community members is also valuable for disseminating information quickly.

Home and cell phone numbers must be collected before a disaster and stored in a safe, easily accessible location.

A properly prepared plan will include plans for temporary relocation of residents in situations where the community must be evacuated. This can include Red Cross or other emergency shelters, hotels, schools, or staying with family members in other cities.

Now that the Florida Legislature has granted emergency powers to boards, a board may require the evacuation of the property in the event that the local or state authority has declared a mandatory evacuation order. Owners who refuse to abide by that evacuation order do so at their own risk and without the possibility of pursuing the association for loss of life or injury to themselves or their property. Boards can also declare the property unfit for entry or occupancy based upon the advice of experts retained by the board or on the advice of emergency management officials.

Photographic Imaging

Your plan should include annual preparation of a date stamped video and photo documentation of the community such as all of the common areas, each unit owner’s home, the association’s office and property.

Digital technology and photographic records can be conveniently and safely stored off premises and easily retrieved, if needed.

What should be photographed?

Specifically include:

  1. Inside and outside of buildings and premises
  2. equipment, computers and books
  3. accounting records
  4. insurance policies, bank accounts, personnel records, records of units/ unit owners, as-built plans and specifications

You should prepare an inventory including the date, place of purchase, and purchase price of each item of personal property.

Community Emergency Response Team (CERT)

Many shared ownership communities have already taken the positive step of undergoing CERT training under the auspices of FEMA. A Community Emergency Response Team (CERT) can fill the large gap that often results when a disaster overwhelms local emergency services. CERT teams are trained in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. CERT members are encouraged to support emergency response agencies by taking a more active role in emergency preparedness projects in their communities.

Your board’s quick response in accordance with your disaster plan will minimize damage and promote a speedy recovery.

 

 

ACTIVATING THE DISASTER PLAN

Hurricane Preparedness and Recovery Guide

Following a disaster, the disaster coordinator and information facilitator move into action. The information facilitator opens lines of communications with the owners. The disaster coordinator contacts emergency services and notifies the contractors and employees, advising of their duties and needs. In some cases, it may be necessary to suspend or cancel on-going contracts such as lawn and pool maintenance. Hopefully, a provision was made in the contract for such right of suspension without monetary penalty in disaster situations when the contracted services are no longer needed. There certainly is no reason to pay to hedge the bushes when they have all blown away!

Knowing the whereabouts of all residents greatly enhances emergency response time following a disaster. In a situation such as a hurricane, in which there is advance warning, a committee should ascertain which residents are remaining in the community and which are evacuating. A temporary destination address and phone number should be obtained from those who are evacuating. Once disaster strikes, the board’s first action should be to direct emergency medical assistance to any residents in need. Naturally, if the community is under a mandatory evacuation order, that order should be obeyed by all.

Be sure to attend to the injured and secure the community from acts of vandalism and looting. Be sure to remove all storm debris.

“Drying In”/”Shoring Up” the building structures in order to mitigate against further damage.

“Drying Out” is the removal, where necessary, of wet carpet, wall board, cabinets, etc. when necessary to prevent the growth of mold.

The insurance carrier for the community must be notified immediately at the conclusion of the storm.

If the insurance carrier is not able to promptly inspect and document the damage from the storm, it may elect to deny the claim.

 

 

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Reopening a Fitness Center – How a Miami Luxury Hi-Rise Handled It.  by BuildingLink

Reopening a Fitness Center – How a Miami Luxury Hi-Rise Handled It.  by BuildingLink

  • Posted: Jun 29, 2020
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Reopening a Fitness Center – How a Miami Luxury Hi-Rise Handled It.  by BuildingLink

 

New York may be a long way from Miami, but Miami is deep into its Phase Two reopening and it can provide some lessons for building managers in the New York area who are eager to open up their amenities to residents.

On June 8, Miami-Dade County allowed fitness centers/gyms to reopen. A look at how one building reopened can provide valuable lessons. The Continuum is a 523-unit luxury condominium in South Beach managed by Marquis Association Management, and it is using a suite of products from BuildingLink to keep residents safe and reduce liability.

A fitness center or gym is by far the most difficult common-area amenity to reopen. No other amenity involves so much physical contact – and so much respiratory risk. The Continuum board wanted to ensure that the property reopened in a way that prioritized the comfort and safety of residents while keeping them informed of new policies.

“It’s a big moment for us, but we prepared properly and are ready for the residents to utilize the fitness center again” says Alex Varona, resort manager at the Continuum. It took a lot of work and planning.”

According to local regulations, fitness centers can operate at 75% of normal capacity with a minimum social distancing of 10 feet. It must also be cleaned and disinfected regularly. The Continuum’s fitness center spans three floors. Eighty is the normal occupancy level, but that has been reduced to 20 people. Many new programs and policies were put into place for safety. Equipment and soft goods, such as yoga mats, have been removed. Spacing between machines has been increased. Barriers were added. Drinking fountains were turned off and replaced by free bottled water.

In addition, as an advanced user of BuildingLink , The Continuum utilized existing BuildingLink features as well as new sensors from the Aware by BuildingLink team. The challenge: the gym ad to operate at less than full capacity while contending with pent-up demand for use. The solution was to configure the BuildingLink Amenity Reservations module to allow residents to make reservations for one-and-a-half hour workout slots. The 30 minutes at the end of each workout was reserved for the fitness center staff to clean the equipment and common areas.

 

The Amenities Reservation module provided the Continuum team with the ability to limit the number of reservations per resident and even to restrict new reservations from being made more than a day in advance.

“The system allows us the flexibility to change as needed in order to accommodate the rules and regulations being enacted by our local officials” says Ena Rivera, general manager of the Sporting Club and Spa at the Continuum.

It doesn’t stop there. As members enter the facility at their reserved times, they must first pass an automated health-check kiosk to take their temperature and verify that they are wearing a face mask. After that, they are welcomed by a message from the BuildingLink NetVoice Annunciator product. NetVoice is a network-connected speaker that is connected to a public address system to send scheduled and on-demand vocal notifications to residents. NetVoice also reminds the resident when it is almost time to leave, saying: “Dear residents, thank you very much for visiting us today. We hope you enjoyed your time in the Sporting Club. We kindly ask that you finish your workout in the next 10 minutes so that our team can clean and sanitize for the next group. We look forward to seeing you again soon.”

“The residents prefer to have the automated system reinforcing the rules and informing them of the gym schedule. It is less intrusive than having a person walk around and remind them,” explains Varona.

After residents depart, the cleaning crew begins its work. As the crew moves from one location to another, it uses the Aware button logging system to indicate which areas have been thoroughly cleaned and disinfected. BuildingLink tracks this data for both residents and managers. Residents can see the data on their BuildingLink app or upon entering the gym, giving them additional peace of mind that the equipment is clean. Managers now have a log that the cleaning policy was enforced, thereby reducing potential liability if someone gets infected.

“The residents have been very supportive,” observes Rivera. “They all understand the situation. And they are excited to be able to get back into the gym. But they still want to protect themselves. BuildingLink’s tools and our policies have allowed them to feel comfortable and confident.”

 

Aware by BuildingLink

Aware is a division of BuildingLink that provides technologies that unlock building data and grant property managers the actionable insights needed to help reduce costs and improve the quality of life for residents and staff. Aware’s smart sensor solutions identify problems in buildings such as water leaks, mechanical system failures, elevators in need of repair, monitor noise situations, and manage parking systems.

For questions and inquiries contact: aware@buildinglink.com

Thank You for a great article – for SFPMA and its Members. 

Richard Worth
Regional Sales Director – Florida
407-529-6063
Richard@BuildingLink.com

 

 

More information:

Aware COVID Related Solutions: https://www.aware.buildinglink.com/covid

Aware Button Logging Solution: https://www.aware.buildinglink.com/button-logging

Aware NetVoice Annunciator: https://www.aware.buildinglink.com/netvoice

Aware Fitness Center Monitoring App: https://www.aware.buildinglink.com/fitness-center

 

 

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Attn: All Managers, Condo and HOA Boards. Sanctuary Gardens, A Full Garden Center for all of your Plant, Bushes and Tree Landscaping Needs

Attn: All Managers, Condo and HOA Boards. Sanctuary Gardens, A Full Garden Center for all of your Plant, Bushes and Tree Landscaping Needs

  • Posted: Jun 29, 2020
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Attn: All Managers, Condo and HOA Boards.
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