Become our Member : JOIN SFPMA TODAY LogIn / Register: LOGIN/REGISTER
Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
For four generations, the name Sarasohn has been synonymous with the highest levels of integrity and expertise in the field of insurance adjusting.
Emmanuel Sarasohn founded his public adjusting business in 1924 in Newark, NJ. His sons, Ira and Roy, grew up in the family business and came on board full time after college and the army.
In 1951, Ira Sarasohn was one of the founding members of the National Association of Public Insurance Adjusters. Ira and Roy would both later serve as president of that esteemed organization.
Ira J. Sarasohn took over the helm of Sarasohn & Company after his father’s passing. In 1970, Stephen Sarasohn joined the firm in NJ, but he settled in Florida a few years later. In 1985, both Ira and Stephen helped found the Florida Association of Public Insurance Adjusters. After 72 years of public adjusting, Ira J. Sarasohn passed away in 2006 with many active files on his desk. In 2018, Bernard Sarasohn joined the firm as a licensed public adjuster.
Stephen Sarasohn is now CEO of Sarasohn & Company and he maintains the same high standards as his predecessors. Sarasohn & Company, Inc. is based in Boca Raton, FL but is licensed to handle claims in other states as well.
In order to properly adjust any claim for damage to a structure, it is important to prepare a detailed repair estimate. Sarasohn & Company will do that on your behalf. Whenever necessary, we will employ the services of architects, engineers, contractors and other independent experts at no additional cost to you.
Full consideration is given to the provisions of your policy, as well as applicable statutes and case law, so as to maximize the recovery. This includes consideration of depreciation, coinsurance, code upgrades, deductibles and any other factors important to a successful adjustment. Sarasohn & Company is also equipped to provide project management for the reconstruction process. Project management is a field used in large construction projects to coordinate the various aspects of the repairs. This service is provided at no additional cost.
All insurance policies require the submission of a complete inventory of both the damaged and undamaged personal property. This includes machinery, trade fixtures, appliances, merchandise inventory, household furnishings, clothing and all other movable property insured under the policy. This coverage also covers improvements and betterments on tenants’ policies, which can be treated several ways for claims purposes.
Sarasohn & Company has on its staff, experienced personnel who are capable of filling these requirements. In addition to listing the property involved, our experts will calculate the replacement cost and actual cash value of each item as well as the repair cost when appropriate. We will determine salvage value, if any, and help arrange for protection of the property from further damage, as required by the policy. Our services can be helpful in documenting your tax loss, if any.
One of the most complex aspects of your claim involves calculating the loss of income you will suffer as a direct result of damage to real or personal property. Sarasohn’s long term experience has helped to develop a team of forensic accountants who have proven to be outstanding in their ability to adjust claims in a way most favorable to the policyholder. The services of CPA’s and tax attorneys are engaged when necessary, at no additional cost to you.
One of the questions that usually arise in a loss of income claim involves the continuation of payroll during the period of restoration. It is extremely important that a method be established as soon as possible after the loss, to resolve this aspect of the claim. Sarasohn & Company, with its years of experience will assist you with these important decisions. Extra expense coverage can be used creatively to make up for insufficient property coverage, should that scenario exist.
Contact Us Today for Help with your Property
Do you have a residential or commercial property in Florida, Georgia, Texas, North Carolina or South Carolina? The public adjusters at Sarasohn & Company are experts at maximizing your insurance claim recovery. We don’t get paid unless you do!
Most states license all insurance adjusters, whether they work for an insurance company or for the public. Adjusters working for the insurance companies are obligated to treat all claimants fairly and impartially. However, they are paid by the insurance companies for their efforts. The state recognizes that you, the policyholder, are entitled to equal representation and you may retain the services of an expert adjuster to assist in the claim process. Sarasohn & Company can assist in preparing your claim, guiding you through the claim process and helping to achieve the most favorable settlement. In addition to numerous state licenses, Stephen Sarasohn has held the nationally recognized designation of Senior Professional Public Adjuster since 1988.
Stephen Sarasohn SPPA
stephensarasohn@gmail.com
Public Adjusters since 1924
www.sarasohn.net
561-368-5000 office
561-866-3589 cell
Tags: Public Adjuster Articles
Tags: Painting Service Articles
Find your answer at RembaumsAssociationRoundup
An extremely similar fact pattern leads to diametrically opposed results between Florida’s Fourth District Court of Appeal and Florida’s Third District Court of Appeal.
In the case before the Fourth District Court of Appeal, Fellman v. Mission Viejo Condominium Association, Inc., Case No. 4D22-1260, (Fla. 4th DCA April 6, 2023), 175 of the 176 condominium units were acquired over time by a bulk owner, and the bulk owner sought termination of the condominium. However, Fellman as the single holdout objected to the plan of termination. At trial, the trial court entered a summary judgment in favor of terminating the condominium, which Fellman then appealed to the Fourth District Court of Appeal.
The Mission Viejo Declaration of Condominium was recorded in 1980 and required 100 percent consent of all unit owners as necessary to terminate the condominium form of ownership. Forty-one years later, on February 5, 2021, the bulk owner amended the required vote to terminate the condominium from 100 percent to 80 percent, using the general amendatory provision set out in the Declaration of Condominium, which required only 80 percent consent of the voting interests. Therefore, notwithstanding the original 100 percent requirement necessary to terminate the condominium, only 80 percent of the owners had to vote in favor of lowering the consent needed from 100 percent to 80 percent, which resulted in fully divesting Fellman of the right to object to the termination of the condominium.
Obviously, Fellman did not vote in favor of the amendment. Fellman argued that by allowing 80 percent of the unit owners to amend the otherwise required 100 percent consent of all owners to terminate the condominium, it fully eviscerated his right to object to the termination of the condominium and his voting rights—a right bestowed upon him when he purchased the unit. There are few things more sacrosanct than an owner’s right to vote. Nevertheless, neither the trial court nor the Fourth District Court of Appeal agreed.
While Fellman should have been able to rely on the 100 percent termination approval requirement as originally required in the declaration of condominium, the trial court believed that if the 100 percent requirement was to be protected from being amended with a lower percentage of voting interests, then the provision in the declaration of condominium should have clarified that it could only be amended by nothing less than 100 percent approval of the unit owners. Since it did not, the trial court found no issue with the bulk buyer eviscerating the 100 percent vote needed to terminate the condominium with 80 percent of the voting interests casting their vote in favor of the amendment.
Fast forward eleven months to March 13, 2024, when Florida’s Third District Court of Appeal, in Avila v. Biscayne 21 Condominium, Inc., Case No. 3D23-1616 (Fla. 3d DCA Mar. 13, 2024), noted that the provision in the Biscayne 21 Declaration of Condominium (requiring 100 percent of the voting interests to vote in favor of the termination could NOT be amended using the lower vote threshold needed to amend the declaration of condominium) was likely to prevail. As you will note, this decision diametrically opposes the outcome in the Fellman case. In this case, Avila sought a temporary injunction to stop the plan of termination. The trial court denied it. Avila appealed, and the Third District Court of Appeal agreed with Avila that Avila’s claim stood a substantial likelihood of success on the merits. The declaration of condominium at issue in the Avila case had an additional provision that required “100 percent approval for amendments that alter the voting power of unit owners.” However, it should be axiomatic that to obliterate an owner’s right to vote by terminating the condominium where the declaration had required 100 percent of the owners to vote in favor of termination could not be amended by a termination provision of anything less than 100 percent of the owners.
The Third District Court of Appeal commented that the change to the termination vote threshold materially altered the unit owners’ voting rights. By requiring a unanimous vote for termination, the declaration of condominium originally gave every unit owner an effective “veto” over any termination plan, which would be lost if the amendment adopted by using the general amendatory powers set out in the declaration of condominium were to stand. The Court even cited the Tropicana Condominium Association, Inc. v. Tropical Condominium , LLC, 208 So. 3d 755 (Fla. 3d DCA 2016), finding that nonunanimous amendments to a declaration reducing the vote threshold for termination of condominium could not be applied where the declaration expressly required the unanimous vote to amend the termination provision, and the amendment, if retroactively applied, would eviscerate the unit owners’ contractually bestowed veto rights.
In fact, Fellman also argued the Tropicana case to the trial court, which rejected the argument; and to add insult to injury, such decision was affirmed by the Fourth District Court of Appeal. So, in the world of inconsistent decisions, Fellman was denied by the Fourth District Court of Appeal the right to veto the plan of termination and is in process of potentially losing his unit, while the Avila court found his right to veto the plan of termination seemingly protected by the Third District Court of Appeal as evidenced by issuance of the temporary injunction in his favor. Unfortunately, even once the Avila case reaches a final judgment, and if in Avila’s case that decision is appealed and upheld by the Florida Supreme Court, Fellman still loses his right to veto the plan of termination as initially bestowed upon him and, even more unfortunately, will lose ownership of the unit.
Sign up for the upcoming courses.
November Board Member Certification Courses
If you plan to enroll in any of the free courses above, please note the following:
All Board Members who attend must conduct their own webinar registration and, on the day of the webinar, log in/join in on their own, with their own unique link (or phone in information) provided by Zoom. This must take place even if you watch with other people. This assures you will appear on the attendance sheet, providing proof of attendance.
Tags: Law and Legal, Members Articles
Join us on Tuesday, November 12th at 12:00 PM for our Community Roundtable: Technology and Community Governance!
During this discussion, our panel of professionals consisting of Kerstin Henze, Esq. (KBR Legal), Frank Valdes (GetQuorum), and Dianne Skinner (Artemis Lifestyle Services) will cover various topics, including:
Enroll for the November 12th Discussion.
Join us on Tuesday, November 12th at 12:00 PM for our Community Roundtable: Technology and Community Governance!
During this discussion, our panel of experts consisting of Kerstin Henze (KBR Legal), Frank Valdes (GetQuorum), and Dianne Skinner (Artemis Lifestyle Services) will cover various topics, including:
Association Record and new Florida Statute requirements
How communities can leverage technology, like virtual meetings and electronic voting, for more efficient governance and more!
Don’t miss out; register today!
Tags: Condo and HOA Law, Education - Condos, Education - HOA's, Education - Property Management, Education & Licensing, Management News
This Article provides valuable insights into the role of nutrients in ponds and lakes, explaining how excess nutrients contribute to water quality challenges like algae and weed growth.
We explore practical, eco-friendly solutions for addressing these issues, including nutrient remediation, beneficial bacteria, and hydro-raking, as well as preventative strategies like buffer management and shoreline restoration.
This article is designed to help communities implement sustainable practices that preserve the health and beauty of their waterbodies for years to come.
Stormwater Pond Management: Aren’t Nutrients in the Water Good?
SOLitude Lake Management
Nutrients are a cornerstone of healthy freshwater ecosystems, playing a vital role in fostering fish, micro-organisms, and native plants. However, perhaps due to the word’s positive connotation, property managers are often surprised to learn that abundant nutrients aren’t always good. Just as ingesting too many vitamins can make you sick, an excess of nutrients can cause harmful water quality imbalances. Like many things in life, moderation is key.
Over time, lakes and ponds become increasingly enriched with nutrients like phosphorus and nitrogen that create fertile conditions for excessive vegetation and algae growth. When it eventually dies and decays, it releases nutrients that fuel new growth. Without intervention, the cycle will perpetually continue until the waterbody fills in with decayed material. This process is called eutrophication—or, put simply, aging.
While nutrient enrichment is normal and may occur naturally over hundreds of years, human activities accelerate the aging process and can reduce a pond’s lifespan to just a few decades. Once a pond is filled in, it can only be restored by dredging out all accumulated materials. Dredging is one of the biggest expenses a community will ever face, but by understanding why nutrient enrichment occurs and how to help slow the process, communities can prolong the need for costly dredging for as long as possible.
During storms, rainwater picks up nutrient-rich materials and substances as it flows over sidewalks, roadways, agricultural land, construction sites, and other developed areas. The water is diverted to stormwater ponds that are specially designed to prevent flooding and filter out pollutants before the water is released downstream. Most urban ponds, particularly in homeowners communities, are man-made for this purpose.
Some of these nutrient-rich materials include:
Unsightly weeds, slimy mats of algae, and toxic blue-green algae (cyanobacteria) are common signs that your waterbody is over-enriched with nutrients. If water quality tests reveal that nutrients are above desirable thresholds, communities have several solutions at their disposal to help manage them.
First and foremost, property managers can implement impactful changes such as installing more trash bins and pet waste stations around a community, moving designated dog parks further from the vicinity of their ponds, and instructing landscapers to reduce fertilizer use and properly bag grass clippings and lawn debris. Every individual living or working in the vicinity of a waterbody influences its health and these small changes can have a significant cumulative effect over time.
Incorporating these best practices can help amplify the benefits of more impactful solutions:
Nutrient Remediation
This involves applying eco-friendly products that bind with or “deactivate” excess phosphorus in the water column and in the bottom sediments so it is no longer available for uptake by weeds and algae. Subsequent water quality testing will allow experts to assess if nutrient levels have been restored to an ideal range.
Biological Bacteria
Biological bacteria play a central role in decomposing plant debris and organic materials. Comparable to probiotics for your waterbody, supplementing these beneficial bacteria can help make the decomposition process more efficient and inhibit the accumulation of nutrient-rich muck. These bacteria need dissolved oxygen to thrive, so installing a fountain, surface aerator, or submersed aerator can enhance their activity.
Mechanical Hydro-Raking
In cases of significant muck and debris build-up, experts can use a floating barge equipped with a specialized clamshell bucket to physically remove hundreds to thousands of pounds of nutrient-rich material. This can also help restore several feet of depth back to the pond, limiting flood risks.
These strategies are highly effective at targeting excess phosphorus in the waterbody, but it’s also imperative to prevent additional nutrients from invading the ecosystem. Such efforts start outside of the water and can involve residents, landscapers, and other employees.
Buffer Management
While many communities desire an unobstructed view around their ponds, it’s favorable to maintain a healthy buffer of beneficial vegetation around the perimeter. These plants act as a protective barrier, filtering rainwater and capturing nutrients and debris before they enter the pond. A well-curated buffer should incorporate native plants that densely extend 3-5 feet from the shoreline and receive regular trimming and maintenance.
Shoreline Restoration
Pond erosion is not just an eyesore and safety hazard, it allows sediment to build-up in shallow areas around the shoreline. Tree roots, pipes, and other buried equipment can become exposed as sediment deteriorates. Experts can employ bioengineering techniques that physically reshape and anchor the shoreline in place, preventing future collapse and erosion. Sod or vegetative buffers can be installed directly on top to blend in harmoniously with community landscaping.
Nutrients play a major role in the health and appearance of community water bodies, but they are only part of the equation. Maintaining balanced levels of pH, dissolved oxygen, alkalinity, and salinity is essential for clean, weed- and algae-free water. An ongoing management program tailored to your community’s specific goals and budget is one of the most effective ways to ensure your waterbody remains healthy, beautiful, and functional for years to come.
As part of our commitment to professional development, we offer Continuing Education courses, each worth 1 credit hour. If your company/organization is interested, please feel free to contact me for further details.
Tags: Lake Management Articles
This week’s show is dedicated to Eric’s late mother-in-law, Linda, honoring her courageous five-year battle with cancer. We also dive into essential updates on Florida’s mandatory condo laws, and discuss the challenges of selling units amidst an oversupply. Plus, we spotlight PD Concrete’s impressive work and touch on the critical importance of voting in the upcoming election.
As always, we’ll be taking your calls on whatever topic you need answers to or whatever you need to get off your chest.
Call in with your questions & comments or ask them in the live YouTube chat! (717) 452-9378
The next show:
This Sunday on Condo Craze and HOAs, Eric and Karen dive into a critical topic for every Florida association: election season! With the national elections behind us, it’s time to focus on your community’s elections and ensure the process runs smoothly. We’ll cover the essential steps, from sending out the first notice 60 days in advance to handling candidate information sheets and voting certificates. Eric will highlight common mistakes—like incorrect deadlines, missing documents, and improper ballots—that could force costly do-overs.
As always, we’ll take your calls on any topic you need answers to, or anything you need to get off your chest live in the chat or call in at 717-GLAZER8. Don’t miss it.
Tags: Condo and HOA Law
Great news! Our year-end savings have been extended. This is your sign to invest in your lake or pond’s health with a new fountain or aerator!
Get 10% OFF a new fountain, surface aerator, submersed aerator, or de-icer*! This discount applies to the new system PLUS labor and installation.
This special offer ends on Friday, November 15th. Claim your savings now!
LEARN MORE ABOUT THE SAVINGS |