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

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

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

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

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

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

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

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

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

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


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

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

See: www.condocrazeandhoas.com

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

 

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“Condo Craze & HOA’s” Watch us live on YouTube with Eric Glazer

“Condo Craze & HOA’s” Watch us live on YouTube with Eric Glazer

  • Posted: Jan 12, 2025
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“Condo Craze & HOA’s”

Watch us live on YouTube with Eric Glazer

Sunday @11am

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2 decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board certified by The Florida Bar in Condominium and Planned Development Law and the first attorney in the State that designed a course that certifies both condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state.

Mr. Glazer is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

 

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ASSOCIATION BUDGETING FOR DUMMIES

ASSOCIATION BUDGETING FOR DUMMIES

ASSOCIATION BUDGETING FOR DUMMIES

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

A “dummie,” in this case, is a first-time association member and/or someone with little or no association budgeting experience who wants to know more about how and why the budget is created before they vote on it.

 

Bookkeeping sfpmaIs it really necessary to go through all that work year after year?

The first answer is, yes, because it’s the law. Florida law (718.112 (2) (f) 2) requires that annual budgets be prepared and, further, that reserve calculations be made by using a formula that estimates useful life and replacement cost.

The real answer is that the budget is a tool used by the association’s board to determine how much owners will be required to pay in maintenance costs for the coming year in order to keep the association financially stable.

The budget is a financial plan, a guide; but the process is an art, not a science. That’s why it’s important to leave room for unplanned expenses. A shortfall may result in an assessment, which will not make anyone happy. The only thing owners hate more than a maintenance fee increase is a special assessment that is necessary because the budget does not adequately cover the ongoing operating and maintenance costs. The tricky part of the process is to balance what is required with the often competing interests of those who want the lowest possible increase with those who are willing to pay more for better services, better amenities or other improvements.

There are two parts to every budget: the operating budget and the reserve budget.

• The operating budget should include all the necessary regular and recurring expenses that are expected in the coming year, no matter how small, such as repairs, maintenance, payroll, utilities, supplies, insurance and administrative costs.

• The reserves are designed to accumulate funds for major ongoing repair and replacement.
Statutes make it mandatory that reserve budgets first include estimated expenditures for roof replacement, building painting and pavement resurfacing at a minimum.

 

Aside from what the law requires, a good reserve budget also covers other large capital items that will wear out and need to be replaced over the life of the association, such as: elevators, windows, common area air conditioners, docks, generators, et al.

Projected estimates take into consideration the cost to replace each item, prorated over the years of its estimated life. A common mistake in estimating this value is the failure to take into account the rise in replacement costs that occurs over time.

Reserve funds cannot be used for purposes other than those intended without a majority owner’s vote of approval in advance.

 

 

How do you build a budget that works? The big secret is to start months before your current budget year ends!

  1. Step one is the information-gathering process, including a review of long-term contracts, upcoming expected maintenance and repairs, details of possible fee increases and a “wish list.” This time-consuming step includes getting quotes from vendors, examining recurring contracts for things like insurance policies, lawn and landscaping, trash removal, etc. Sometimes closely-scrutinized contracts can be renegotiated to save money. It’s also important to use caution when reducing maintenance and repairs numbers to delay an expense outlay. That could result in increased costs in the long run.
  2. Step two is to compare and, using a spreadsheet or special budget software, enter into the appropriate columns the year-to-date income and expenses — projected through year end — with the budget for the current year, to review for increases, and show the percent of difference.

  3. Step three: compare projected expenses for the coming year with “other” income (non-assessed) — such as laundry income, application fees, clubhouse rental, dock rental and any other items for which the Association collects fees other than maintenance fees.
    Using those figures, it is then possible to calculate the maintenance fees needed to fund the budget for the coming year. These required maintenance fees are calculated by subtracting the total projected “other” (non-assessed) income from the total projected expenses. This number is then allocated by the formula shown in the association documents. (The number is often based on the number of units or on square footage.)

According to the Statutes, owners may petition the Board if it adopts a budget where assessments rise more than 15% over those for the prior year. The budget must be in keeping not only with the State Statutes but also with the association’s documents, which may be more stringent.

Final approval by the board where the proposed budget is adopted must be done at a properly noticed budget meeting. A notice of this meeting, along with a copy of the proposed budget, must be sent to all owners at least 14 days prior to the meeting. Only association members may vote to waive or reduce the budgeted reserves through full or partial funding.

Failing to fund reserves at all puts everyone’s future at risk. If owners can’t afford the monthly cost how are they going to come up with the money when the roof, elevator or other capital component needs replacing? Often this is done by borrowing, making monthly maintenance payments higher because of what is required to pay back a loan, creating a double whammy of current debt repayment for past depreciation and creating an excuse not to meet current obligations. In some buildings this can create a death spiral.

 

 

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Axela Technologies – Your Trusted HOA Collections Solution Platform 🌟

Axela Technologies – Your Trusted HOA Collections Solution Platform 🌟

Homeowners Association (HOA) collections can be a source of stress and anxiety for those who fall behind on their dues. Nobody wants to risk losing their cherished homes due to unforeseen financial challenges. But here’s some good news – there’s a better way!

🌟 Enter Axela Technologies – Your Trusted HOA Collections Solution Platform 🌟

We understand that life sometimes throws curveballs, and financial struggles can happen to anyone. That’s why we take a compassionate and understanding approach to HOA collections, unlike some attorneys who may resort to foreclosure threats.

📖 In our latest article, we dive into the stark differences between attorneys who may pursue foreclosure and Axela Technologies, your partner in HOA collections.

💡 So, what sets Axela apart?

✅ Compassion: We genuinely care about your situation and work to find solutions that fit owner’s needs.
✅ Understanding: We know that financial difficulties can be temporary, and we’re here to help owners get back on track.
✅ Communication: We believe in transparency and open dialogue to find the best resolution.
✅ Avoid Foreclosure: Our goal is to prevent foreclosure threats and help you keep people in their homes!

Learn how to ease the burden and provide peace of mind during challenging times.


We Know Community Associations

Specialized Collection Solutions for Condos & HOAs

Take Control of Your Accounts Receivables

If your community association is suffering from high delinquency rates and long recovery times for delinquent fees, it’s time to take a proactive approach to community association collections.

The Consequences of Poor Collection Practices

When members of your HOA or Condo association pay late or have decided not to pay their fair share, it causes problems for everyone. Legal fees and dissent between the board and community members are just the start. A long-term pattern of delinquencies can affect your community’s ability to become approved for government loans for new owners, or to get loans for capital improvements.

There is an alternative to a legal process of lien and foreclosure. A  collections process is the best alternative to foreclosure.

A Better Way to Manage Delinquencies

Axela-Technologies is dedicated to helping create streamlined accounts receivable and collections tools for management companies, condo and homeowners associations and others in the real estate industry. We work with you to get a jump on recovering delinquent funds quickly, painlessly and ethically.

 

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Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency Learn how Rimkus can help with your Building Inspections & Repair.

Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency Learn how Rimkus can help with your Building Inspections & Repair.

Building Envelope Services

Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency Learn how Rimkus can help with your Building Inspections & Repair.

From the design of new buildings to the construction materials and technologies used to repair and maintain existing structures, we are uniquely qualified to provide a full range of global building envelope consulting services to help prevent and eliminate problems.

Performance for the Life Cycle of Your Project

Committed to utilizing sustainable materials and methods as applicable, we proactively address performance issues to improve the way buildings are constructed and maintained.

 

View our building envelope services:

  • Building Envelope Assessments
  • Façade Inspections
  • Façade Restoration
  • Historic Preservation
  • Pavement Engineering
  • Roof Consulting
  • Waterproofing and Weatherproofing Assessments and Design

 

Building Envelope Assessments

The Rimkus Built Environment Solutions team can provide a complete assessment of a structure’s building envelope (façades, roofs, windows, balconies, walkways, parking areas, etc.) describing the condition of such and all items in need of repair. A recommended timeline and a projected construction cost will also be provided to assist the owner in projecting future budgets. For a full survey of all building components, Rimkus can increase the scope of the survey and provide a full Property Condition Assessment (PCA) including mechanical, electrical and plumbing systems, elevators, and interiors. Building envelope assessments and PCAs are typically provided with 5- or 10-year projections; however, they may be customized to the client’s needs. These reports can be utilized as a tool to help create capital expenditure budgets and establish maintenance schedules.

Contract Administration

Retaining Rimkus to handle your Contract Administration services on your roof construction projects will provide you with seasoned professionals who know how to control costs and long term outcomes. You will experience greatly improved transparency and accountability from your contractors and you will also be far more likely to maintain critical schedules, budgets, and deadlines on your projects. Rimkus achieves these benefits by maintaining a free flow of information between the Contractor and Owner. Our services also include payment certification and preparation of change orders for any additional work that may be encountered during the course of the project. We strive to protect our clients by confirming that the solutions you invest in meet all of your roofing and building portfolio needs. At Rimkus, you will find a level of personal attention on every project that is unmatched by any of our competitors. Trust in our veteran team, state-of-the-art technology, and our decades of experience in the industry. We offer:

  • Contract Administration
  • Schedule, budget, and deadline maintenance
  • Minimization of building occupant disruptions
  • Payment certification
  • Preparation of change orders
  • Review of shop drawings / material submissions

 

Diagnostic Testing

To properly assess the condition of your roof we need to determine its composition, quality, and moisture content. At Rimkus, we can accurately assess each of those factors with our Destructive and Non-Destructive Testing protocols. It is one of the steps taken during your Roof Condition Analysis and a necessary tool in projecting the life expectancy and long-term costs of your roof. We can also use the results to save you money by identifying problems before they become catastrophic. We strive to protect our clients by confirming that the solutions you invest in meet all of your roofing and building portfolio needs. At Rimkus, you will find a level of personal attention on every project that is unmatched by any of our competitors. You can place your trust in our veteran team, state-of-the-art technology, and our decades of experience in the industry.

We offer a variety of diagnostic testing methods:

  • Infrared thermography
  • Tramex moisture meter
  • Electrical Field Vector Mapping (EFVM)
  • Core cut testing
  • Delmhorst Probe

 

Façade Inspections

When façade elements fail, components could fall, thereby putting people and property at risk. As a response to this, many cities have passed façade ordinances to identify unsafe conditions, such as loose façade components or materials that may fall and cause damage to property or injury to pedestrians. At Rimkus, we provide professional building inspections supported by recommendations and design for proactive maintenance and repair programs. Façade inspections typically fall into one of the following categories:

  • Safe: Requires no attention
  • Safe with a Repair and Maintenance Program: Requires repairs or maintenance within a time period designated by the professional in order to prevent deterioration into an unsafe condition
  • Unsafe: Has no reliable means of structural support and is dangerous to persons or property. Requires prompt remedial action.

Conducting Inspections Inspection requirements range from visual inspection of street-facing façades by architects, engineers, or contractors, to “hands-on inspections” that require licensed engineers or architects to physically touch façade components for each elevation of the building along the entire height of each elevation. Typically, inspections are required for buildings over five stories, with inspection frequencies ranging from two to five years. Our experts are well versed in façade condition assessments and have the experience and knowledge needed to identify repair details as well as oversee the completion of the repairs on behalf of the property owner.

Façade Restoration

The appurtenances of a façade (balconies, fire escapes, etc.) often deteriorate faster than the façade itself and therefore require particular attention and, often, increased maintenance. Repairs to these elements should be addressed in a manner that will prolong the useful life of the appurtenance as well as the repairs performed. The Rimkus Building Envelope team can assist in all phases of façade restoration. We are well versed in façade restoration, with a long track record of success on projects varying from low-rise commercial and residential buildings to luxury high-rise towers. The façade, while best known for its aesthetic, also provides structural support for a building and vertical weatherproofing for its interior spaces. All three of these components should be analyzed during façade restoration. Performing a thorough analysis of the building’s façade prior to design, Rimkus provides a detailed list of findings and recommendations for immediate repairs as well as preventative maintenance to completely address façade functions. At Rimkus, we believe that the key to a successful façade restoration project often occurs before the contractor arrives on-site. A thorough and detailed pre-construction effort, including preliminary investigation, preparation of contract documents, bid process and review, pre-construction meeting(s), and review of all mock-ups and submittals, will often eliminate unnecessary costs and construction delays.

Historic Preservation

Rimkus has had the distinct pleasure of working on numerous historic and landmark structures, including both high-rise and low-rise office buildings as well as a number of ornate residential buildings. Exhaustive research, early coordination with all governing agencies, and involvement of qualified experienced professionals are all essential components in the preservation of these delicate historic structures. When analyzing and repairing the building envelope of historic structures a conservationist perspective is preferable, full-scale repair or replacement is not always best. Thorough documentation of existing conditions including sketches, photographs, and cataloging of deteriorated elements is imperative to the restoration process. The use of new technologies to eliminate unnecessary probes and demolition is advisable. By incorporating the use of laser scanning, Rimkus can achieve an unprecedented level of detail and accuracy during the design phase often without the need for hands-on visual inspections. In addition to providing thorough contract documents; these laser scans will allow for the creation of 3D models of decorative stone units for shop drawings and mold casting.

Leak Investigations

Rimkus offers a thorough approach to leak investigations, recognizing that a successful investigation requires pursuing all possible sources of water infiltration. With years of experience, Rimkus understands that there may be multiple factors contributing to a leak. Rimkus offers a range of services to assist in determining the source(s) of water infiltration, including hands-on and visual inspections, non-destructive testing techniques, and more traditional methods of probes and water tests. Our non-destructive testing techniques include the use of infrared imaging to identify thermal anomalies and moisture-compromised insulation, the use of roof and wall moisture scanners and moisture meters to perform impedance testing and identify the relative moisture content of the material, and electronic leak detection (electric field vector mapping) to identify the precise location of water infiltration.

Roof Condition Assessments

Rimkus recommends a roof condition assessment to better understand the life expectancy of a roof and to address an immediate concern. The result is a promptly delivered roof analysis outlining the strengths and weaknesses of the existing roof system. Our findings are put into a clear and legible report that includes photo evidence, illustrations, and a colored AutoCAD roof plan. We believe that a high level of clarity and transparency is crucial to help our clients make informed decisions. Many of our technicians are RCI Inc., RRC, and RRO certified. Our emergency leak responders can diagnose numerous problems on the spot and expedite the remediation strategy. Capital planning is also an important component that we provide as part this process. We believe it is important to provide our clients with a strategy for future investments and expenditures to meet both the short and long-term budget plans.

Waterproofing and Weatherproofing Assessments and Design

Rimkus assists in the evaluation of existing roofing/waterproofing systems, as well as the design and construction administration of the repair or replacement, of all roofing/waterproofing systems including:

  • Single Ply (Thermoset and Thermoplastic) Systems
  • Modified Bitumen Roof Systems
  • Fluid-Applied Liquid Membranes
  • Vegetative/Green Roofs
  • Balcony Waterproofing
  • Below-Grade and Sidewalk Vault Waterproofing

Similar to most aspects of construction one size, does not fit all with respect to roofing and waterproofing systems. Several factors determine the appropriate system for a particular building, including:

  • Building Code Regulations
  • Requirements of Owner’s Insurance Provider
  • Climate and Wind/Weather Exposure
  • Frequency and Type of Foot Traffic
  • Intended Use (of Roof Surface and Interior Space Below)
  • Mechanical Equipment and Exhaust Units
  • Overall Size
  • Roof Slope
  • Desired Life Expectancy
  • Owner’s Budget
  • Number of Penetrations
  • Roof Deck Composition

Several commonly overlooked processes can be established during the installation of a new roof that will help reduce the cost of future maintenance and extend the service life of the roof system:

Leak detection systems can be installed in most roof systems to use as a quality assurance tool and to allow for easy identification of future leaks. This is particularly important in roofs with an overburden (i.e., inverted roof systems and vegetative roofs). A custom-tailored roof inspection and maintenance schedule should be provided for the owner’s use in prolonging the useful life of the roof system and minimizing the risk of leaks resulting from roof damage.

General Contact Information

 


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HOW TO COLLECT WHAT’S DUE?  By Eric Glazer, Esq.

HOW TO COLLECT WHAT’S DUE? By Eric Glazer, Esq.

We are already starting to see an uptick in the amount of owners falling behind on paying their assessments to their association.  It is wise for an association to know how the collections process works in for the board to put in place a policy that works best for the association.

In both condos, Co-ops, and HOAs, the procedure is the same.

  1. To start, the association must first deliver a thirty day written notice of late assessments to the unit owner which specifies the amount owed the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees.
  2. If the owner fails to bring their account current, the association must then provide the delinquent unit owner with another letter which is a 45 day notice of its intent to file a lien and its intent to foreclose its lien. The association can demand attorney’s fees, interest and late fees in this letter.
  3. If the owner fails to bring their account current, the attorney can record a lien and threaten to foreclose on the lien if their account is not brought current within 45 days.  The association can demand attorney’s fees, interest and late fees in this letter.
  4. If after 45 days the owner still fails to bring their account current, the association may file a foreclosure action in court.

Keep in mind that because the unit owner must receive a 30 day letter, a 45 day letter and another 45 day letter, it takes a long time to bring a delinquent owner into court.  That is why associations may need to rethink their collection process and start it a little earlier.  If not, by the time it gets to court, the owner may by 9 or 10 months delinquent.

Especially in condominium buildings, things are about to get tough.  There are now mandatory inspections, mandatory repairs, mandatory fire sprinkler or ELSS installation, a tremendous rise in insurance and the inability to waive reserves.  Stay on top of your collections.


About HOA & Condo Blog

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Eric Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for three decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

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

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ROUTINE INSPECTON IS THE FOUNDATION UPON WHICH ALL GREAT MAINTENANCE PLANS ARE BUILT.

ROUTINE INSPECTON IS THE FOUNDATION UPON WHICH ALL GREAT MAINTENANCE PLANS ARE BUILT.

  • Posted: Jan 11, 2025
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Managers here is a maintenance checklist to get the ball rolling? We’ve created just the one to help you identify problem areas before they reach critical status.

Preventive Maintenance is Key, A good manager should get out of the Office and walk the property, get your hands dirty, take action on any problem or the start of a problem you see. This way you will not have a major problem later.

SRI Consultants has come up with a great checklist for you to use. DL it below.

Sign up for your FREE 3-page property maintenance checklist now http://ow.ly/M7YV50IITeO
And make sure to reach out when you require detailed inspections and repair recommendations by a licensed engineer (Hint: 30-40-50-year surveys). We look forward to your call!

Ask our AI about 4D

Do you have questions about Florida’s building safety legislation, Senate Bill 4D? Just enter your query in the textbox  and click “Send Query”. For example, try asking, “What is the Florida Senate Bill 4D?”. This AI tool is experimental and provides no warranties regarding the accuracy of its results. Use at your own risk.

AI gets smarter with every Q&A asked.  it will take time to have every query become available. Try it out. 

This AI tool is experimental and provides no warranties regarding the accuracy of its results. Use at your own risk.
Contact SRI Consultants at office@sriconsultants.net or call (561) 372-1290

 

 

 

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CONDO SOLUTIONS (RADIO SHOW) on WSTU 1450 am Mondays (9 am – 10 am) by Peter Mollengarden, Esq of KBR Legal

CONDO SOLUTIONS (RADIO SHOW) on WSTU 1450 am Mondays (9 am – 10 am) by Peter Mollengarden, Esq of KBR Legal

  • Posted: Jan 07, 2025
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CONDO SOLUTIONS (RADIO SHOW) on WSTU 1450 am

Mondays (9 am – 10 am)

by Peter Mollengarden, Esq of KBR Legal


Peter Mollengarden, Esq. on ‘Condo Solutions’

Live on Mondays, from 9:05am to 10:00am.

 

Join Kaye Bender Rembaum attorney Peter C. Mollengarden and CPA Mark Brechbill every Monday and call in live with your community association-related questions. The number is 772-220-9788.

This is available locally in Martin and St. Lucie counties on 1450 AM, or online at WSTU1450.co

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