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What happens when a board member who is in attendance at a board meeting fails to cast a vote on a matter brought before the board for a vote?

What happens when a board member who is in attendance at a board meeting fails to cast a vote on a matter brought before the board for a vote?

  • Posted: Oct 18, 2021
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What happens when a board member who is in attendance at a board meeting fails to cast a vote on a matter brought before the board for a vote?

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A director of the association who is present at a board meeting at which action on any corporate matter is taken is presumed to have assented to the action taken unless he or she votes against such action or abstains from voting. A director who abstains from voting on any action taken on any corporate matter is presumed to have taken no position with regard to the action. A vote or abstention for each member present must be recorded in the minutes of the meeting. Condominium: Section 718.111(1)(b), Florida Statutes Cooperative: Section 719.104(8)(b), Florida Statutes

 

Owners and the Board of Directors

Every association board I know want’s the owners in the community they serve to be informed and involved.  That is why we send out notices of board meetings and offer owners the ability to take part in those meetings by Zoom or in person.

The association’s board represents the owners of your association and has the important job of making decisions on behalf of the association. The board has a duty to protect the property value of the association’s owners along with the safety of visitors and residents to the association. They have a responsibility for oversite of association funds and association management.

The board is also charged with complying with and enforcing the associations governing documents, to do this they have the ability to hire professionals and advisors, including; managers, engineers accountants, attorneys and contractors and while in some cases the law requires then association to seek bids, it never requires the association to hire the low bidder. Instead, it is the board’s responsibility to choose the vendor and bid they feel fits the needs of the association best.

In many cases owners only take notice of board’s action when it effects their pocketbook; for example, when they receive a notice of special assessment, or their maintenance fees are increased. By that time the vote has most certainly been cast, as the meeting to discuss and approve the project or budget have already been held. The best time to get involved, so that you understand why an increase or assessment is necessary, and have a chance to provide input, is early. Attend board meetings, especially those to discuss projects, review contractor recommendations, and make decisions about what needs to be done.

The recent events at Surfside serve to point out what happens when important projects and/or maintenance are delayed due to unit owner objections to costs or project necessity.  These delays are often caused by a small group of very vocal unit owners that think they speak for the owners, when in fact it is the board that speaks for the owners, as they are the sole elected representatives of the owners.

At best the delays caused by these small vocal groups cost additional time and money, at worst they can be catastrophic. It’s important for owners to support the board when the time comes to proceed and that they participate early in the process, providing input and asking the questions they feel should be addressed before decisions are made and not after.


Royale Management Services, Inc. has been serving South Florida since 1984. The company was founded to provide high quality management and accounting services for business and individuals, Royale Management Services, Inc. expanded to the Community Association and Home Owner’s Association Management business in 2000.

Our team members are highly trained in all aspects of community association management and customer service. We take pride in delivering property management services that work!

Royale Management Services, Inc.
2319 N Andrews Avenue
Fort Lauderdale, FL 33311

Phone: (954) 563-1269
Toll Free: (800) 382-1040

Email: cam@rmsaccounting.com

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3 Common Lake & Pond Management Misconceptions by SOLitude Lake Management

3 Common Lake & Pond Management Misconceptions by SOLitude Lake Management

  • Posted: Oct 17, 2021
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3 Common Lake & Pond Management Misconceptions
Trent Nelson, Aquatic Specialist at SOLitude Lake Management

 

 

As an Aquatic Specialist with more than a decade of experience, I’ve assisted hundreds of property managers with their lake and stormwater pond management needs over the years. Despite the diverse types of lakes and ponds they oversee, I’ve noticed that many clients have the same set of concerns or misconceptions about their waterbodies. These often come to light as we work together to design a freshwater management program. Let’s take an in-depth look at some of these common assumptions. 

  • Lakes and ponds are permanent fixtures in the landscape

While lakes and ponds can be long-lasting features in our communities, they are not permanent. They fill with sediment that erodes from the shoreline or flows in during rainstorms. Weed growth and decomposition may lead to the development of muck. And trash, tree branches, and other pollutants can build up over time. 

The aging of a lake or pond is a natural phenomenon, but can be highly accelerated through human activity and industry, reducing a waterbody’s life by decades. If left unmanaged over the years, your waterbody could eventually fill up until it becomes a marsh or puddle. This is a process called lake and pond succession. 

The best way to prevent this inevitable decline is through proactive, ongoing management aimed at reducing erosion, nutrient pollution, muck development, and nuisance aquatic vegetation. These benefits are two-fold. In addition to prolonging the depth and overall lifespan of your lake or pond, you’ll also help prevent problems like algae, toxic cyanobacteria growth, bad odors, murkiness, invasive species infestations, fish kills, and more.

 

 

  • Herbicides pose a danger to non-targeted plants and animals

The most eco-friendly and long-lasting lake and pond management programs lean on holistic, natural solutions, but sometimes herbicides and algaecides are necessary to set your waterbody up for success. Herbicides tend to be a point of concern for property owners, but I’ve found that once they better understand the strict scientific processes surrounding the use of herbicides, their fears are alleviated. 

Herbicides used in the lake management industry are designed to exclusively target specific weed and algae species without impacting desirable plants and animals. They do so by interfering with the unique growth mechanisms identified in nuisance species that are not found in beneficial ones. Likewise, the concurrent use of eco-friendly compounds called surfactants helps confine herbicides and algaecides to the affected area without migrating elsewhere. Historically, herbicides have been applied by licensed professional ground crews, but new industry technologies like drones are making it possible to remotely apply products with more accuracy and efficiency, particularly in areas that are hard to reach or unsafe to navigate by foot. 

All herbicides must be evaluated and registered by the Environmental Protection Agency (EPA). In addition to collaborating with scientific authorities throughout the US, the EPA also carries out bilateral cooperative programs with the World Health Organization (WHO) and many other countries around the world. Once approved, all herbicides are subject to compliance monitoring and periodic reevaluation processes to ensure lasting safety and success. 

 

  1. All freshwater management programs are the same

It’s not uncommon for a property manager to assume that the solutions used on a friend or colleague’s lake or pond will work on theirs. Unfortunately, there’s no one-size-fits-all approach to lake and pond problems because no two aquatic ecosystems are the same. 

Your waterbody’s unique makeup and the way it responds to different treatments can be dictated by many factors, including water use, location, surroundings, plant and animal presence, pollution, and weather – just to name a few. Likewise, every stakeholder has different goals and budget requirements. That’s why freshwater management programs are most effective when customized for your unique aquatic environment. 

Typically, the program design process begins by establishing a baseline of your waterbody through a visual survey of the property and comprehensive water quality testing. Your Aquatic Specialist should work with you to identify the challenges your aquatic ecosystem is facing and determine the best course of action based on your needs and limitations. And because all of these factors can change over time, these conversations should continue on a regular basis. 

 

The management of lakes and ponds is truly a science and should be treated as such. When considering a management program, look for a freshwater management firm that prioritizes getting to know you and your aquatic ecosystem before implementing any services. Seek out an Aquatic Specialist who is educated about the responsible use of herbicides and is capable of sharing that knowledge with you in a clear manner. Our lakes and ponds are valued features that our communities rely on every day. If you oversee the management of these water resources, make sure you’re investing in both the present and its future.

 


 

Trent Nelson is an Aquatic Specialist at SOLitude Lake Management, the nation’s leading freshwater management firm specializing in the management of lakes, stormwater ponds, wetlands, and fisheries. Learn more about this topic at www.solitudelakemanagement.com/knowledge

 

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Is Your Association Prepared?  Expect Supply Shortages – KBR Legal

Is Your Association Prepared? Expect Supply Shortages – KBR Legal

  • Posted: Oct 16, 2021
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Is Your Association Prepared?

Expect Supply Shortages  

There’s news once again reporting food and product supply shortages are on the horizon, if not already here, due to what can only be described as a logistics disaster. This morning’s news reported that there are thousands of shipping crates snarled in a logistical nightmare waiting to be off loaded with no relief in sight. One news source reported 250,000 crates are waiting to off load.  While no one is yelling “fire in a crowded theater,” (yet) it likely makes sense to get ahead of your association’s inventory needs. That said, hoarding is never a good idea. But, keeping extra inventory on hand may make sense until the supply chains are working correctly again.

   Sources for the following include CBS News, the Wall Street Journal and Axios:

“American families are going to face a two-pronged assault:

1. Empty shelves at toy and grocery stores
2. Inflated prices on the toys and groceries that are available

  At this very moment, there are 250,000 shipping containers stuck at sea off the east and west coasts, waiting to be unloaded and it could be months before they get to store shelves. But Biden is presiding over one of the biggest supply chain bottlenecks since WWII: [via CBS News]

  • Ships cant dock because ports are full
  • Ports are full because there aren’t enough truck drivers to take the shipping containers away
  • When truckers do arrive, the ports are poorly staffed and they can’t offload fast enough, resulting in truck drivers who used to pick up 20 loads/week, now only able to take six
  • The cost of shipping a container from China to the U.S. is now $20,000, four times higher than this time last year.

  It’s already begun: Stores across the country are already restricting supplies. Try not to have flashbacks to March 2020, but Costo and Walmart have announced they are limiting sales of toilet paper in some stores. And around the country, there are shortages of goods on shelves in Target, Costco, Home Depot, and Sears.

 Warning about your Christmas feast: Axios is reporting that food supplies will also be impacted: “Grocery stores could have limited quantities of a number of products heading into the holidays after some of the country’s biggest food manufacturers say they’re short on supply.”

The Boy Scout motto “Be Prepared” comes to mind!


 

 Rembaum’s Association Roundup

The community association legal news that you can use!

The free e-magazine for Community Association Managers, Board Members, Owners & Developers

Have an association related question? Find your answer at

RembaumsAssociationRoundup.com

 

Condo Board Member Certification via Zoom on October 22nd

Kaye Bender Rembaum offers free certification courses for homeowners’ association and condominium association board members. Please click here for more information!

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Exciting Fountain & Aeration Deal Won’t Last! Time is running out on our amazing offer… By SOLitude

Exciting Fountain & Aeration Deal Won’t Last! Time is running out on our amazing offer… By SOLitude

  • Posted: Oct 16, 2021
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Exciting Fountain & Aeration Deal Won’t Last!

Purchase a new fountain or aeration system and receive FREE installation services!

This is not the time to neglect your lake or pond. Achieving a balanced, beautiful waterbody requires year-round attention and, in some cases, aeration. Fountains and aeration systems can provide many benefits to lakes and ponds and are one of our most recommended management solutions.

Purchase your NEW fountain or aeration system today and receive FREE installation services (up to a $700 value). Don’t wait! Offer expires on Oct 31.

[button link=”https://learn.solitudelakemanagement.com/fountain-aeration-special-free-installation-services?utm_medium=email&_hsmi=169483102&_hsenc=p2ANqtz-_MiH48o5d4OczH3guSWFmnjr5eDMOFbiUHybINRt4AMX_UIwLQZQYyQb3hvzx7qtGWBQPRLm_vc4gtBWCevMhLdfTF4Q&utm_content=169483102&utm_source=hs_email?SFPMA” size=”large” color=”blue”]PURCHASE MY FOUNTAIN OR AERATION SYSTEM[/button] Tags: ,

Sunshine Services Unlimited, Inc. is an asphalt paving contractor serving Condo & HOA, business owners and homeowners throughout Palm Beach and Broward County.

Sunshine Services Unlimited, Inc. is an asphalt paving contractor serving Condo & HOA, business owners and homeowners throughout Palm Beach and Broward County.

  • Posted: Oct 15, 2021
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Sunshine Services Unlimited, Inc. is an asphalt paving contractor located in West Palm Beach and serving business owners and homeowners throughout Palm Beach and Broward County.

 

Sunshine Services Unlimited, Inc. is a professional asphalt paving contractor serving commercial and residential clients in West Palm Beach, Ft. Lauderdale and the surrounding areas. You can count on us for all of your asphalt paving needs. Whether you are in need of asphalt paving services for new construction or to repair or maintain an existing roadway, we are here to assist you. If you hire us for your asphalt paving or asphalt seal coating project, you can expect high quality work completed in a timely manner, excellent value for your money and customer service that is unmatched in our industry. Our West Palm Beach asphalt paving company offers free estimates and free consultations and we guarantee our work. We are fully licensed, bonded and insured for your protection.

 

 

We handle construction, maintenance, repairs and seal coating for roadways, cart paths, patios, pool decks, sidewalks, speed bumps and much more. Our licensed and insured asphalt paving company employs a team of highly trained, experienced asphalt paving professionals who use only high quality materials from leading brands to complete your asphalt paving, asphalt maintenance and construction projects.

If you are in need of asphalt paving and/or asphalt seal coating for your home or commercial property in West Palm Beach, Ft. Lauderdale or the surrounding areas, contact our West Palm Beach Asphalt Contractors today to obtain a free estimate. We look forward to working with you and to exceeding your expectations. Sunshine Services Unlimited is the West Palm Beach asphalt paving company that consumers have trusted since 1962!

 

Sunshine Services Unlimited

Bill Leon
Director of operations
Sunshine Services Unlimited
bill@sunshineservices.us
Web: https://www.sunshineservices.us/
561-791-4482

Palm Beach: (561) 375-2603
Broward: (954) 807-1656
Martin & St. Lucie: (772) 362-3379

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The Property Manager’s Partner Since 1989 – LAW OFFICES OF HEIST, WEISSE, & WOLK, P.A.

The Property Manager’s Partner Since 1989 – LAW OFFICES OF HEIST, WEISSE, & WOLK, P.A.

  • Posted: Oct 15, 2021
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LAW OFFICES OF

HEIST, WEISSE, & WOLK, P.A.

The Property Manager’s Partner Since 1989

EVICTIONS · LEASES · SOLID LEGAL ADVICE

 

Residential Managers

 

IF WE PREPARED THE LEASE FOR YOU, the attorneys’ fees for a residential eviction filing from the beginning until the Sheriff’s Deputy removes the tenant are $125 for conventional uncontested non-government subsidized evictions for non-payment of rent.

IF WE DID NOT PREPARE THE LEASE FOR YOU, the attorneys’ fees for a residential eviction filing from the beginning until the Sheriff’s Deputy removes the tenant are $250 for conventional uncontested non-government subsidized evictions for non-payment of rent.

We classify residential property managers as property management companies that manage single-family homes, duplexes and very small apartment communities.

Costs are additional and vary by county. Costs consist of the county filing fees, the costs of the sheriff or private process server to serve the summons and complaint and if necessary, the cost for the Sheriff’s deputy to remove the tenant from the premises.

FeesIn the event the case is contested or the tenant files a counter claim, the attorney’s fees and costs may increase.

The Law Offices of Heist, Weisse and Wolk strives to keep your costs to a bare minimum and no additional charges will be incurred by the client unless the client is advised and agrees to authorize further legal work. The vast majority of evictions are uncontested.

Occasionally a routine court appearance is required for which we typically charge an additional $150.00. Phone, office consultations and advice by email is always at no charge.

There is never a charge for postage or copies.

 

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WE’RE BACK LIVE AND IN THE STUDIO, AND WE’RE BACK TEACHING LIVE. by Eric Glazer

WE’RE BACK LIVE AND IN THE STUDIO, AND WE’RE BACK TEACHING LIVE. by Eric Glazer

  • Posted: Oct 15, 2021
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WE’RE BACK LIVE AND IN THE STUDIO. AND WE’RE BACK TEACHING LIVE.

This weeks topics: 

THE IMPORTANCE OF A WEBSITE FOR YOUR ASSOCIATION

EMOTIONAL SUPPORT ANIMALS IN A NO PET COMMUNITY. WHAT IS AN ASSOCIATION TO DO?

 

TAKING YOUR CALLS ON WHATEVER TOPIC YOU NEED ANSWERS TO OR WHATEVER YOU NEED TO GET OFF YOUR CHEST.

WE WILL TAKE YOUR CALLS AND ANSWER YOUR CONDO AND HOA QUESTIONS THROUGHOUT THE HOUR. CALL US AT 877-850-8585 DURING THE SHOW.
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Florida Rising Magazine – Oct Edition 2021

Florida Rising Magazine – Oct Edition 2021

  • Posted: Oct 10, 2021
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FRM Oct Edition 2021

Use the direct link below, or view on our Website.

https://joom.ag/6dWI

Find out more about 50/50 Advertising and Subscriptions for the magazine.

* Only members that are registered get the magazine sent to them each month,

if you want the editions to be sent to your Email Please subscribe.

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Condo & Hoa Expos – Get legal insights, financial advice, communication tips, management solutions and much more from top professionals.

Condo & Hoa Expos – Get legal insights, financial advice, communication tips, management solutions and much more from top professionals.

  • Posted: Oct 10, 2021
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OCTOBER 12TH : 9:00 A.M. IN MIAMI

AT THE MIAMI BEACH CONVENTION CENTER.

Join Us on October 12th! Seminars and Professional Development. Condo & HOA Expo offers a full day of seminars and talks led by the regional and national experts who will offer insights into trends and best practices in legal oversight, financing, maintenance, renovations, administration and much more.

Sign up for the networking and educational event of the year! Get face-time with the industry experts, browse the latest products and services and learn how to save thousands of the management and maintenance of your condo or HOA.

Registration is FREE for association managers, board members. Don’t delay!

Register NOW! 

 

 


OCTOBER 14TH: 9:00 A.M. IN PALM BEACH

AT THE PALM BEACH CONVENTION CENTER

For one day only, the Palm Beach Convention Center will be packed with the latest products and services as well as an array of industry experts. It’s an unparalleled opportunity to make valuable connections and speak directly with local and national experts about the topics that are relevant to you and your property.

Get legal insights, financial advice, communication tips, proactive management solutions and much more from some of the region’s top professionals. This one-day event will also give you a sneak peek at the latest design trends gracing today’s most prestigious developments, plus innovations in building and remodeling and the newest energy efficiency options.

Register Now!

 

 

 

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New Requirements For Collection of Delinquent Assessments

New Requirements For Collection of Delinquent Assessments

  • Posted: Oct 08, 2021
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Requirements For Collection of Delinquent Assessments

Robert L. Kaye, Esq., BCS | Legal Morsels

The Florida Legislature has revised the procedures for collecting delinquent assessments, which add additional steps and delays for the owner to pay before legal action can commence and/or attorney’s fees can be recovered. Senate Bill 56 has revised Sections 718.116 and 718.121 for condominiums; 719.108 for cooperatives; and, Section 720.3085 for homeowners’ associations. With these changes, the collection procedures for all of these types of communities will be substantially the same. The new laws are effective July 1, 2021.
Initially, the new provisions have revised the time for the notices sent by the association attorney for condominiums and cooperatives to 45 days for both the pre-lien first letter and the post-lien notice of intent to foreclose. (Homeowners’ associations were already at 45 days.)
The most important and significant addition to this statutory change is the addition of a new notice requirement by associations before they may refer a matter to the association attorney for collection and recover the attorney’s fees involved. This written notice is required to be mailed by first class mail to the address of the owner on file with the association. If the address on file is not the unit or parcel address, a copy must be sent there as well. The association is also required to keep in its records a sworn affidavit attesting to the mailing. The new statute contains a form for that notice which is required to be substantially followed.
As the respective statutory provisions now indicate, associations must incur a minimum of 120 days of collection efforts before a foreclosure action can begin, with a total of three (3) separate required statutory notices. This includes the: (i) initial 30 day notice of the intent to refer the matter to the association attorney (for which no attorney’s fees can be charged to the owner); (ii) 45 days for the pre-lien notice period; and, (iii) 45 days for the pre-foreclosure lien period. As such, in order to best protect the interests of the association, it is recommended that the first 30-day notice be sent at the earliest possible date in the association collection process. This will typically be when the governing documents indicate the assessment to be “late”. Careful review of the governing documents by legal counsel should be undertaken to determine whether there is a specific “grace period” indicated in the documents before the assessment is considered late. Once that determination is made, the board should adopt a formal collection policy that incorporates these new statutory requirements, which will also need to be mailed to all owners. A new provision has also been added that begins with “If an association sends out an invoice for assessments. . .” to unit or parcel owners, such notice is to be sent by first class mail or electronic transmission (email) to the respective addresses for the owners that are in the association official records.
Moreover, if the association wishes to change the method of delivery of an invoice, the new Statute creates specific steps that must be followed precisely in order for the change to be effective. Specifically, a written notice must be delivered to the owner not less than 30 days before the change of delivery method will be implemented. The notice must be sent by first class mail to the address on file with the association. If the address on file is not the unit or parcel address, a copy must be sent there as well. In addition to the notice requirement, the owner must “affirmatively acknowledge” his or her understanding of the new delivery method. The written acknowledgment can be sent electronically or by mail, and must be maintained in the Official Records (although it is not available for inspection by other owners). However, without this acknowledgment, the association may not change the method of delivery. The Statute does not presently include a time frame for the owner to provide that acknowledgment or offer any remedy to the association if none is forthcoming. This can be particularly daunting or problematic when the association changes management companies, when the new company’s procedures differ from the prior company.
Before the association attorney can commence any collection work for an association, it will be necessary for the association to provide all of the backup documentation of the compliance with each of these new statutory requirements, as well as the information previously required (such as a current account ledger). If any of the documentation is missing with the initial turnover information, there will be delays in the collection process, which can be detrimental to the association operation. It is therefore imperative that these new procedures are fully integrated into the association operation without delay.
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