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Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

  • Posted: Feb 21, 2020
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Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

Most of you reading this already know the names Bill and Susan Raphan and the mark they made on the Florida Condominium Ombudsman’s Office during their 7-year tenure.

For those of you who don’t know about this dynamic couple, here is their story. When Florida’s first Condominium Ombudsman, Virgil Rizzo, was appointed back in 2004, there was no money to staff the local South Florida Office. Bill and Susan were his first volunteers. They had been having problems in their own condominium and wanted to help others in similar situations. They worked for seven (7) months as volunteers, often returning calls from over a hundred people a day asking for help with their association-related issues, before the money was found in the State budget to finally pay them.

During their seven years with the Condominium Ombudsman’s Office they spoke with thousands of association members, directors, association managers, attorneys and legislators about the common and not-so-common issues that crop up when people live in close quarters and decisions are made by an elected body.

While some of the problems they confronted were not within their authority to address, others were successfully resolved as a result of their intervention. A patient set of ears, knowledge regarding the Statutes, Administrative Code and practices of the DBPR along with common sense and a dash of humor often helped put both Board Members and Owners with complaints on the right path. Was every problem solved? Absolutely not. Were many problems that could have resulted in time consuming and costly litigation successfully defused? Absolutely yes.

Bill and Susan had run a successful catering business for many years and, as a result, applied many of those same business principles to organizing the Ombudsman’s Office in an efficient manner especially given the shoestring budget under which they were forced to operate. They began an extensive education program at Broward and Palm Beach College as well as in Community Centers and Condominiums throughout the State. They facilitated the appointment of election monitors for approximately 90 condominium elections per year and educated almost 6,000 people in just their last year at the Condominium Ombudsman’s Office!

In 2011 they made the leap of faith and decided to join Leigh Katzman’s Law Firm as its Statewide Educational Facilitators. Today, the Raphans have been widely recognized for their role in providing Board Members and Community Association Managers (CAM’s) across the state of Florida with the highest-quality educational seminars for certification and continuing education credits. Bill and Susan were also featured in a front page article in the Wall Street Journal and have appeared on many TV and radio programs.

We are thrilled to have Bill and Susan as part of our team at Katzman Chandler and would urge you to experience one of their enjoyable and interactive educational classes for yourself.

For those of you wishing to contact Bill and Susan Raphan, you can reach them on their TOLL FREE HOTLINE @ 855-827-5542 or by email at WSRaphan@KatzmanChandler.com.

 

MEMBERS OF SFPMA: FIND COURSES FOR BOARD MEMBERS, MANAGEMENT COMPANIES ON OUR MONTHLY CALENDAR

NEW EVENTS ARE ADDED MARK YOUR CALENDARS FOR MARCH

 

 

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Central Florida Water Initiative Water Conservation Projects

Central Florida Water Initiative Water Conservation Projects

  • Posted: Feb 17, 2020
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CFWI

 

APPLY NOW FOR COST-SHARE FUNDING:

Central Florida Water Initiative Water Conservation Projects

Applications are now being accepted for a cost-share funding program to support the implementation of water conservation projects within the Central Florida Water Initiative (CFWI). This is part of the State of Florida’s efforts to identify and implement cost-effective strategies to protect the state’s water resources while meeting Florida’s water needs. Partnering with local governments and other large water users (such as agricultural, commercial, industrial, homeowner associations, and large landscape irrigation) to reduce water demands through implementation of water conservation projects is an important and effective way to help accomplish this goal.

In 2019, Governor DeSantis and the Florida Legislature approved statewide funding to develop water resource and water supply projects. Applications are now being accepted on behalf of the Florida Department of Environmental Protection for funding consideration for water conservation projects within the CFWI Planning Area (which includes all of Orange, Osceola, Seminole, and Polk counties and southern Lake County). The CFWI is a joint planning effort where the South Florida, St. Johns River, and Southwest Florida water management districts are working collaboratively with other agencies and stakeholders to implement effective water supply and water resource planning.

Eligible projects for consideration should be ready to implement water conservation technology programs that provide the most immediate and cost-effective benefits. Projects may be eligible for up to 50 percent cost-share reimbursement. The application process opens February 17, 2020 and closes March 27, 2020 at 5 p.m. To apply, click here.

For the latest information and details, visit sfwmd.gov/coopfunding. For assistance with the application process, applicants may contact any of the following District staff:

SFPMA.COM is Pleased to help with the Water Initiative Conservation Projects in our State. ( https://sfpma.com )

 

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HOW TO REMOVE TROUBLESOME TREES

HOW TO REMOVE TROUBLESOME TREES

  • Posted: Feb 17, 2020
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HOW TO REMOVE TROUBLESOME TREES

by Jeffrey Rembaum, Esq. KBRLegal

 

A great many streets in Florida’s residential communities are lined with oak trees. While they can look so appealing as a canopy, many of these trees can raise sidewalks and driveways. Their massive roots can grow into plumbing lines, cause various trip hazards and kill the grass, too.

Until recently, it was very problematic to remove these trees for a variety reasons. Moreover, it was also expensive  to deal with all of the governmental red tape caused, in many instances, by over zealous city officials, such as the city forester, who requires strict compliance with the community’s original landscaping plans, etc.  Well, the Florida legislature listened to stories of local government unreasonableness and did something about it to the great satisfaction of association members everywhere.

But, there is still a problem because many local governments refuse to accept that   House Bill 1159 was passed into law in 2019. This new law prohibits a local government from requiring a notice, application, approval, permit, fee or mitigation for the pruning, trimming, or removal of a tree on residential property when an arborist or landscape architect documents that the tree presents a danger to persons or property. As an important FYI, mangroves are exempt and all existing requirements for mangrove trimming, etc., remain steadfastly in place.

Apparently, the problem of local government personnel ignoring this new law is so pervasive that on January 7, 2020, the Speaker of the Florida House of Representatives, Jose Oliva, sent a memo to all Local Government Officials alerting them that they need to follow this new law and that the House of Representatives will be “diligent in executing its oversight responsibilities in order to protect the rights of property owners and to prevent illegal governmental actions that interfere with these rights. WOW!!!

If your community has a problem with tree removal caused by local government officials perhaps showing them a copy of the memo might help. Also, be sure to alert your association’s attorney to the problem so that they can intercede on the association’s behalf.

 

This new law is codified in s. 163.045, Florida Statutes and provides as follows: 

s. 163.045 Tree pruning, trimming, or removal on residential property.—

(1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.

(2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.

(3) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321–403.9333.

 

View our Membership page on SFPMA and Legal Sponsors, with articles written each month in the Florida Rising Magazine – KBRLegal

 

 

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7 Reasons to Join Your HOA Board | SFPMA

7 Reasons to Join Your HOA Board | SFPMA

7 Reasons to Join Your HOA Board | SFPMA

A voluntary role, serving as a board member in your homeowners’ association (HOA) does involve work—but you’d be surprised by the great impact you can have on your community. While the board of directors ensures the community and amenities are well maintained and property values are protected, they also must ensure that the association keeps a healthy financial position and that applicable laws are properly followed. It can be a tough job, but with tremendous rewards. Here are seven reasons to join your HOA board.

 

1. You have a passion for the community.

People who serve on their association’s board of directors do so to make a difference and get involved in their community. You must be willing to volunteer without compensation and view this as an opportunity to serve your neighbors and enhance the community’s assets.

2. You value relationships.

As a board member, you must spend time nurturing relationships with your fellow neighbors. Doing this will personalize leadership, build trust, and show that boards do more than enforce rules and measure budget performance. Positively connecting with residents will significantly impact governance and make the community a better place to live.

3. You see a bright future.

The board is responsible for the direction of the community, but establishing a direction involves developing a plan. Beyond having a vision, board members must consider what needs to be accomplished in the next year or two, what projects need to be taken on, and what services need to be offered for the association to fulfill its legal obligation to members.

4. You’re ready for a long-term commitment.

Involvement in one or more of your association’s committees is usually a stepping stone to becoming a board member. While many committees typically have a shorter lifecycle, they’re a great way to learn how the association works. Most board members must commit to a one-year term, but may serve on the board for a longer amount of time if they’re reelected. Consult your community’s governing documents for additional details about term limits and election cycles.

5. You have a positive mindset.

Your time of service on the board can have its ups and downs, but it’s crucial you stay positive through it all. A team player, you can support your fellow board members and stand firm behind the decisions the board makes collectively. Homeowners often look to board members for guidance, so it’s essential to encourage positivity.

6. You feel inspired by the board.

A successful board of directors does more than hold meetings and enforce rules. An effective board is welcoming, encouraging, and transparent. Board members lead by example, and it’s their duty to promote the benefits of the association and foster an environment that people can see themselves in.

7. You enjoy seeing people fulfill goals and accomplishments.

One of the best ways that board members keep homeowners engaged in their community is by showing appreciation. Thanking your community association manager, fellow board members, committee members, and homeowners for their volunteer services and community efforts is something that should come naturally to a board member. Frequently recognizing and publicly acknowledging the efforts of community volunteers isn’t just the right thing to do, it also increases gratitude through the community.

Thanks to our Friends at Associa for this article.

Board Member Education

Find Board Member Educational Courses from our Members on SFPMA.  Check back often, as new courses are added every day.

While serving on the board doesn’t require any previous experience, there is a learning curve to the job. You’ll need to become educated on the governing documents of your association, the needs of your homeowners, and the financial standing of each project.

 

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What are the Property Management requirements in Florida

What are the Property Management requirements in Florida

  • Posted: Feb 13, 2020
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As more investors are heading into becoming owners of rental properties the questions arise about requirements. There are questions that you need to know the answers to and SFPMA has you covered.

 

A small investment Today leads to Big returns later! List your property management company

Must a Florida property management company have a real estate broker’s license?

YES. Key components of property management (renting and leasing) are considered a real estate activity under existing Florida real estate licensing laws. A property manager needs broker license if he or she is paid by commission, and is handling rentals and leases for others. No license is required for managing personally owned properties. There is not a “Property Manager” license or certificate. Also, certain rental properties need a license through the Div. of Hotels and Restaurants.

 

Are there any exceptions to the requirement that a Florida property manager have a broker’s license?

YES. For example, if a property owner employs someone to manage their property, and that employee is paid a salary, as opposed to being paid a commission or on a transactional basis, a broker’s license is not required.

For more information about these and other Florida property management requirements and exceptions, please contact the Florida Real Estate Commission.

Before hiring a property manager to manage your Florida rental property, you should always check that he or she is licensed appropriately. You can check the license status of Florida property managers at the Florida Department of Business and Professional Regulation’s Licensee Search webpage.

 

 

More Property Law: Evictions & Security Deposits

Looking for more property law information? You can find an exhaustive collection of state eviction and security deposit laws on our parent company’s website. Click the below link to be taken to nationalevictions.com find everything you will need for an eviction in your State. Full database, Directories, Find companies, Download Forms both Free and for Sale, and much more…

LEARN ABOUT EVICTION & SECURITY DEPOSIT LAWS >>

 

Must Florida community association managers have a real estate broker’s license?

No. However, a Community Association Manager license is required if someone receives compensation for providing management services for the following types of associations:

  • An association with ten or more units
  • An association with a budget of $100,000 or greater

For more information on the Community Association Manager license, please contact the please contact the Florida Real Estate Commission.

 

*Florida Community Association Manager License Requirements

Florida community association manager licensing requirements include:

  • Age: Must be at least 18 years of age
  • Education: Must complete at least 18 hours of pre-licensure education from an approved provider
  • Trustworthiness: Must be of good moral character; must have a background check and submit fingerprints
  • Exam: Pass the CAM exam.
  • License fee.
  • Application: Complete and submit CAM license application which is available online

CAM Licensing Courses: Start your new Career

For more information about these and other Florida licensing requirements, please contact the Florida Real Estate Commission.

IMPORTANT: This information is intended for informational purposes only and under no circumstances should it be considered legal advice or relied upon without first confirming its contents with your state real estate commission. Laws are updated frequently, and this information may not reflect the current law in your state. To confirm the specific requirements for each state, please contact your state real estate commission.

 

Property Management Forms

As you become a CAM Manager and start your business, You will need the Forms to help you, Leases, Letters to Tenants, Legal Documents and much more……..

Just some of the essential forms to assist you in leasing your premises, complying with legal requirements, and keeping relations with your tenants amicable. Forms include the 1. Landlord Tenant Closing Statement to Reconcile Security Deposit, 2. Residential Rental Lease Application, 3. Residential Rental Lease Agreement, 4. Commercial Building or Space Lease, 5. Security Deposit Agreement and other forms.

 

We offer Subscriptions – Where for a small fee you can download and get access to

EVERY FORM YOU WILL NEED FROM THOUSANDS OF FORMS

SUBSCRIBE TODAY TO OUR FORM PACKAGE

.

Once you are a Property Manager you need to have Clients Find YOU!  List your company on our National Directory. Let the industry find and use you!

Let Clients looking for Management Professionals to Manage their Properties find you!

 

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There are a lot more reasons to own a golf car, than just golf!

There are a lot more reasons to own a golf car, than just golf!

  • Posted: Feb 10, 2020
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Have you been going back and forth on whether you should buy a golf car? There are a lot more reasons to own one than just golf. Add a few of these reasons to your pro list!

  1. Getting around the neighborhood – Is your child’s bus stop not around the corner? Use the golf car to take them to and from. Plus add on an enclosure to keep everyone dry on those rainy mornings! Do you have a large neighborhood? Decorate your car for Halloween and take it around trick or treating! Plus use the car to get to the neighborhood clubhouse or pool. Maybe even up to the corner store.

2. Large Property – Do you love to garden but hate lugging the bags of soil or plant food out to your garden? There are utility cars such as the Yamaha Umax built just for that! If you have animals it is also great to carry food and supplies out to their enclosures. With a utility bed and easy unlock for dumping this utility car has it all!

3. Recreation – Do you love to go camping or fishing? A golf car is a great outdoors vehicle. There are even ones built for this such as the Yamaha UMAX Rally 2+2. This allows you to drive through any terrain while getting around your campsite or fishing spot.

4. Affordability – Golf cars are an affordable option compared to a car. An electric vehicle can be way more than the average budget allows but an electric golf car can be as low as $3,000 used. Golf cars come in both gas and electric and offer the flexibility of low gas consumption.

5. Work Vehicles – Do you own a company that could use the flexibility of a golf car? Do you work for an apartment or condo association where maintenance equipment needs to be transported? Does your work complex spread a large distance and having a golf cart to go between departments would save time and therefore money? All of these are great reasons for businesses to use golf cars!

6. Storage – Golf cars take up so little space you can easily store them in the garage or a storage shed. You can even keep them on a patio if needed. They are also easy to transport due to their size. A 5′ x 7′ trailer will easily transport one wherever you need it.

Last but not least golf cars are fun! You can customize them for what you want and need. Including decorating them for parades and holidays!

If you’re in the market and have any questions please contact us. We sell new and used Yamaha products to view our current inventory please visit our website. If there is anything you like but do not currently see it in our stock feel free to reach out and we can get you a quote!

The Golf Car Connection

  954-946-8008

Looking for a new or used Golf Cart? Look no further! Golf Car Connection makes it easy to find new and used golf cars for sale.

 

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FLORIDA RISING MAGAZINE – FEB 2020

FLORIDA RISING MAGAZINE – FEB 2020

FLORIDA RISING MAGAZINE – FEB 2020
Condo, HOA, Property Management Industry Magazine

https://joom.ag/c9fe

This Interactive Magazine gives you the ability to learn how each, Author of Articles, Advertising Companies and Members within can help you,

with a click on any ad or page you can learn more about the companies.

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HonestESA INITIATIVE STARTS NOW!

HonestESA INITIATIVE STARTS NOW!

  • Posted: Feb 04, 2020
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HonestESA INITIATIVE STARTS NOW!

As previously reported by CALL, two bills are making their way through committee in the Florida House and Senate. House Bill 209, sponsored by Representative Killebrew and Senate Bill 1084 sponsored by Senator Diaz, aim to protect disabled Floridians and curb some abuses related to emotional support animals (“ESAs”). Growing frustration over perceived illegitimate ESA requests unites Florida community associations. Fraudulent ESA requests harm not only community associations by forcing them to spend limited resources and precious time evaluating sometimes blatantly fraudulent documentation but also harm persons with a legitimate disability-related need for an ESA. Click here to read the bills.
 
 
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A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

  • Posted: Feb 03, 2020
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Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

By Eric Glazer, Esq. 

Published February 3, 2020

Two weeks ago, I wrote to you about House Bill 623 that is making its way through The Florida Legislature.  Another change to the law currently included in the bill is the following language:

718.112 Bylaws.—

(1) GENERALLY.—

(c) Any provision of the declaration, the association bylaws, or reasonable rules or regulations of the association which diminish or infringe upon any right protected under the Fourteenth Amendment to the United States Constitution or Art. I of the State Constitution is void and unenforceable without further action of the association. The association may record a notice in the public records of the county in which the condominium is located evidencing its intention to not enforce such provision. The failure of the association to record a notice in the public record may not be the basis for liability or evidence of discrimination or a discriminatory intention.

To simplify, the 14th Amendment made The Bill of Rights (The first ten amendments to the Constitution) applicable to the states.  So this law basically says no provision of your governing documents can infringe upon the rights you have under the Bill of Rights.  All of you know several of these rights such as the right to free speech, freedom of assembly, and freedom of religion.

There is plenty of law out there that says when you move into an association, you may give up some of the rights you may ordinarily have in your private home. You do this by agreeing to be bound by the governing documents.   For example, courts have upheld the rights of Florida associations to prevent the use of the common elements for religious purposes, allowed associations to impose reasonable restrictions on speech through time limitations at meetings, impose restrictions on placement of political signs on the property or even placement of religious symbols in excess of certain sizes on your windows and doors.

The adoption of this proposed amendment by The Florida Legislature may throw all of these restrictions into doubt, including another one I haven’t mentioned yet.  The Second Amendment is the right to bear arms.  Inasmuch as Florida law allows associations to prohibit alcohol use on the common elements and prohibit religious ceremonies on the common elements I always opined that the association had the right to ban weapons on the common elements via a rule. If this proposed amendment passes, no way would an association be allowed to ban guns from the common areas.

I have serious concerns that if this amendment passes, associations will potentially be embroiled in case after case, where the association attempted to impose all of the reasonable restrictions mentioned above, and unit owners taking the position that the association is prohibited from doing so because it violates their constitutional rights.  Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

If you are a believer that associations are notorious for not providing their owners with rights guaranteed by the U.S. Constitution, this new proposed law may not bother you.  If on the other hand you believe that the association should still be able to impose reasonable restrictions in order for all of us to live in harmony with each other, this new law should bother you.  A LOT.

 

 

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Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE with F & C

Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE with F & C

  • Posted: Jan 21, 2020
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NEWS: Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE with F & C (Effency Publishing)

Stop and Take a Look when you see the FLORIDA RISING MAGAZINE IN A FEW DAYS.

We are the new marketing company for the magazine, Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE – Is one of 18 magazines we publish for other companies and some associations.

FRM has over 118,000 Emails in their Database and over 47,300.00 Paid Subscriptions to date. We will send this publication all over Florida and it even gets sent to property condo owners living up in the northern states.

Thank You for reading the FRM sponsored by THE STATE OF FLORIDA PROPERTY MANAGEMENT ASSOCIATION

The Publishing will still be handled by SFPMA, Noting will change. Only Graphic Design and Promotions will be at a different level.

We wish to take our publication to the next level so bringing in your agency will be a great help to our Members, Advertisers and our Industry. ~Frank J Mari / Executive Director

Effency Publishing is happy to be working with SFPMA.
https://sfpma.com/florida-rising/

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