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Meet BuildingBoard, an e-voting and virtual meeting solution to streamline annual sessions for your properties.

Meet BuildingBoard, an e-voting and virtual meeting solution to streamline annual sessions for your properties.

  • Posted: Nov 04, 2024
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Meet BuildingBoard, an e-voting and virtual meeting solution to streamline annual sessions for your properties.

With this tool, you can:

·        Invite unit owners to meetings seamlessly via email

·        Send meeting reminders and add candidates to ballots

·        Host annual meetings virtually

·        Achieve quorum at every annual meeting

·        Automate voting – each unit owner votes via their computer or smartphone (whew, no more manual counting!)

Click here to learn more BuildingBoard
and start running a better meeting today!

So, go ahead and kick up your feet! Optimize all of the day-to-day business you already take care of with BuildingLink by trusting us to support your annual meetings too.

Ready to make your life easier?
Reach out to sales@buildingboard.com.

Richard Worth

Regional Sales Director – Florida

407-529-6063

Richard@BuildingLink.com

 

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Should Delinquent Owners Voting Rights Be Revoked?

Should Delinquent Owners Voting Rights Be Revoked?

  • Posted: Nov 04, 2024
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Should Delinquent Owners Voting Rights Be Revoked?

by Steve Walz

One of the thorniest issues to tackle in an HOA is homeowners in delinquency – not paying their dues or being significantly behind on dues payments. The community and owner dues are two sides of the same coin. The community canno maintain the grounds, amenities, or sidewalks without yearly owner dues. However, financial issues are a minefield of complications from family tragedy to cantankerous entitlement.

A challenging question arises: What should an HOA do if a homeowner refuses to pay their dues? Your options range from leveling fines to revoking voting rights. Many communities favor withdrawing voting rights – cutting off the privilege of community control that comes from being a contributing homeowner in the community. Any HOA considering this route should plan carefully to ensure this decision is legal, permitted, and potentially effective before putting it in place.

Is it Legal to Suspend Delinquent Owner Voting Rights?

Your state determines the legality of suspending voting rights in an HOA. Some states allow for the suspension of HOA voting rights for specific reasons or in general, but others prohibit the rest of any remaining owner voting rights. You will need to check the detailed laws regarding HOAs in your state. There may also be rules relating to HOA homeowner rights regarding delinquency and suspension of voting rights in your county and municipality.

Is it Permitted to Suspend Voting Rights Over Dues Delinquency?

The next question is whether your own HOA permits this policy. Next, check your governing documents and by-laws to determine if there are already policies regarding dues delinquency and when an owner’s voting rights can be permitted.

The legal language in HOA governing documents can vary widely. For example, according to some condo associations, all homeowners are subject to the same rules, which means no voting rights. On the other hand, some HOAs may define that an owner always has certain voting rights, like council elections. Still, you may be able to suspend lesser voting rights regarding community matters.

Can Suspending Voting Rights Effectively Resolve Delinquent Dues?

Finding a practical consequence for delinquent dues has always been a challenge for HOAs. The community can’t support many homeowners using the roads and amenities without paying into the infrastructure. Nevertheless, choosing the proper measures to achieve your goals is also imperative.

Considerations

  • If a homeowner never votes on anything, suspending their voting rights will not impact them in any way. Likewise, if the community votes on very little.
  • How can you fairly make exceptions for invested people experiencing financial hardship?
  • How can you protect against people who take advantage of safety net systems?
  • Never combine vote suspension and leveled fees  (not dues). This opens the door to corruption and the ability for the board to tax a homeowner out of being able to vote, then drive them from the community. If you revoke voting rights, this must only be for dues and not the total owed amount in fees.
  • You may revoke some – but not all – types of voting. Most HOAs take a few types of votes: meeting votes, election votes, special assessment votes, and so on. You may find selective vote limitations to be more effective – or permitted by your documents.
  • Prevent them from making changes, but don’t prevent them from self-advocation.

Other Potentially Effective Ways to Penalize Delinquent Dues

Suspending voting rights is a sticky proposition. Some homeowners won’t care, some will be devastated. This means it’s also worth considering a few alternatives or additional penalties that may drive homeowners to get right with their dues more effectively.

Denying Permit Approvals

  • Parking permits
  • Building permits

Refuse delinquent owners of any more permit approvals. No guest parking, and no home improvement projects. Guest parking is for people who are contributing to the neighborhood road and lot maintenance.

Denying Amenity Access

  • Pool access
  • Spa/Fitness room access
  • Clubhouse bookings
  • Sport court reservations

A first-time refusal to allow someone access to the pool due to their inability to maintain it can emphasize its importance. Consider denying non-paying homeowners something they will miss that their dues contribute to paying for if this type of solution is permitted in your state and governing documents. Your HOA gets to have sweet amenities because everyone pays in. Those who don’t, don’t. Also, this has a fair, lower impact on families experiencing financial hardship. However, they may need to use their voting rights to oppose special assessments they cannot pay or fight an oppressive fee structure.

When approaching the issue of HOA owners with delinquent dues, remember to create an adaptive and considerate system of response. Build a plan that equally accounts for the absent-minded, the scam artists, the family hardships, and the belligerent bullies. Whatever your solution, make it your central goal to resume regular dues for each property without causing or being subject to unnecessary loss.

 

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Should Your Condo Association Adopt Online Voting? by Becker / BECKERBALLOT

Should Your Condo Association Adopt Online Voting? by Becker / BECKERBALLOT

  • Posted: Nov 04, 2024
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Should Your Condo Association Adopt Online Voting?

by Becker / BECKERBALLOT

Many associations are considering whether to adopt online voting (or “E-Voting”). Legislation took effect enacting Section 718.128, back in July 2015.  Florida Statutes, permitting condominiums, cooperatives and homeowners’ associations to conduct elections and other owner votes through the use of “an Internet-based online voting system.” This article will discuss how to do so and what the advantages are.

The first step is for a Board to decide if they wish to offer electronic voting to their members. Florida Statutes 718.128 requires associations to adopt a board resolution approving electronic voting before they can utilize this type of voting process. The resolution must determine the manner in which online voting will be conducted such as procedures, deadlines, opportunities to consent to and participate, or opt out. The resolution must be considered at a board of directors meeting on 14 days of notice. A copy of the resolution must be provided to owners.

 

The resolution must provide that:

All unit owners receive notice of the opportunity to vote through an online voting system prior to each election or other unit owner vote in which the association authorizes online voting;
The deadline to consent, in writing, to online voting must be no less than 14 days before the election or other unit owner vote;
A method to authenticate the unit owner’s identification to the online voting system;
A method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot; and,
A method to confirm, at least 14 days before the voting deadline, that the unit owner’s electronic device can successfully communicate with the online voting system.

The first of these requirements will ensure continual notice under circumstances in which online voting is conducted on an ongoing basis, avoiding situations where new owners are unaware of their right to opt in, and the latter prevents issues arising from last minute consents, and protects against fraud.

 

The following are other significant requirements contained in the legislation:

The e-voting system must provide the owner with a receipt, including the specific vote cast, the date and time of submission, and the user identification.
The e-voting system must also produce an official record for the association identifying the specific votes cast on each ballot and the date and time of the receipt of each electronically submitted ballot. The association must then maintain this record.
Votes in an election of directors shall not be accessible to the association prior to the scheduled election. Failure to comply will void the election.

In associations where voting participation is an issue, online voting can greatly increase participation and generate enthusiasm for the voting process. Online voting can also lessen the risk of fraudulent elections. While the costs for use of online voting software are likely to exceed mail out costs in many associations, such costs can be mitigated over time, and associations have flexibility in determining whether particular meetings will utilize online voting (i.e. – it is not an all or nothing decision).

Associations choosing to move forward must take care to confirm that they are using a vendor that understands and complies with the technical requirements. Like all other vendor contacts, it is critical to discuss the terms with legal counsel, who can also determine whether the system to be utilized is compliant. As meetings approach where online voting will be conducted, the use of online voting will require certain additional disclosures and instructions to members in relation to the process. Contact an attorney with experience in condominium and homeowners association (HOA) law with any questions.

 

Our industry has a few that we looked into: one comes out as a leader

BECKERBALLOT  

Today is the day you’ve been waiting for BeckerBALLOT.com is LIVE! We have partnered with SHYFT digital to offer an easy-to-use, secure, electronic-voting solution for community associations across the state of Florida and beyond. It’s the same great software – only better!
What you can look forward to upon signing up:

  • Increase membership participation and significantly reduce the labor involved in tallying paper votes.
  • Members can cast their votes from the convenience of their home, office, or anywhere they have access to an internet connection.
  • Admins can tally votes electronically, making the process faster, more accurate, and less prone to human error.
  • Eliminate typical errors and judgment calls associated with manual paper votes.
  • Easily solicit opinions using our survey tool to make informed decisions for your association membership.

We now offer flexible pricing, as well as a survey feature when you sign up for annual unlimited voting. The survey tool allows you to poll your community association without conducting an official vote.

Also, did you know that if you become a Becker annual retainer client, you will receive, among other benefits, a significant discount on BeckerBALLOT?

 

 

 

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Want to take part in the decision making, step up, and run for the board. Learn about Boards how they function and How to Run Decision Making Meetings.

Want to take part in the decision making, step up, and run for the board. Learn about Boards how they function and How to Run Decision Making Meetings.

  • Posted: Nov 04, 2024
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Everyone has something to say about the Boards Decisions, but not many want to become a board member!

When an owner approaches me to complain about the decisions of the board of directors at his or her association is;  The First Question I ask is- “did you attend the meeting that decision was made at?” The Second Question is- “have you considered running for the board so that you can be part of the decision-making process?” All too often the answer to both questions is no. If you want to understand why your board makes the decisions they make and possibly influence those decisions the best way to do this is to attend the board meetings and comment on items you have knowledge or concerns about on the agenda. Want to take part in the decision making, step up, and run for the board. – by Royale Management Services

 

The vast majority of business decisions are made in meetings. While small decisions are made in all kinds of meetings, the more important decisions often get their own dedicated meetings.

There are different types of group decision making processes, and care should be taken to choose a process that best matches the situation. A decision making process can include group activities like information gathering and sharing, brainstorming solutions, evaluating options, ranking preferences, and voting on the final options. Below are the most effective ways of running decision making meetings.

 

Primary Goals for Decision Making Meetings

Goals for a decision-oriented meeting can vary a little based on the type of decision being made, but they are always centered on coming to a consensus about a future plan. It is important to remember that the goal of these meetings also includes planning how to best execute the decision that has been made.

Make the best possible decision

If a decision making process is flawed and dysfunctional, the decisions will be bad.

By involving a group in making a decision you can rely on collective intelligence; knowledge beyond what is possible with individual decision makers. Because each participant has unique information and perspectives, combining group information leads to more informed decisions. However, it is important to use meetings designed specifically for group decisions efficiently, to not waste the group members’ time.
If all planning decisions were made by one person, not only would the choices be uninformed, there would also be little unity around team goals and direction.

Planning for execution

When individuals feel that their opinion has been considered in the group planning, they are more likely to embrace the decisions and work to carry out those goals.

Most discussions of decision making assume that only senior executives make decisions or that only senior executives’ decisions matter. This is a dangerous mistake.

Participatory decision making leads to increased team productivity and likelihood of goal execution, because team members feel ownership and responsibility for the decisions made.
Addressing both short term and long term goals at your decision making meetings is a great way to make sure team members leave with a direction and know the next steps. The short term plan can be as simple as outlining action items and assigning tasks. In the long term it could mean setting a timeline of general dates and milestones. Initial planning can be an effective way of aligning the group and cementing the decision that was made.

 

 

Key Roles in Decision Making Meetings

The participants in decision making meetings may play different roles. Understanding the distinctions between these levels of involvement is a useful way of holding members accountable for their role in implementing decisions.

Meeting leader

In order to avoid getting off topic it is recommended that one person be in charge of guiding the direction of team negotiation. In addition, it can be helpful to use some elements of status update meetings in order to have meeting attendees present and be held accountable for research into the decision being made.

Those with authority to carry out the decisions

For decision making meetings it is particularly important to include all relevant persons with authority to carry out the decision. If decisions are made without including the relevant people, it can often be very challenging to implement the resulting decision.

In some cases, it can be useful to dedicate one leader of a team to be a representative for that group. Often, this job is given to someone in a senior position, but it can be fulfilled by anyone capable of accurately reporting information on behalf of a group. If this method is used, the representative should be prepared to report back to the team the consensus that was reached. Without this information exchange, the group unity that should have been a result of the group meeting is lost.

Note taker and process observer

Decision making meetings can often get derailed or become ineffective for a variety of reasons. To counter this, it can be helpful to include a note taker and process observer. These roles should be filled by people not directly involved in the decision so they are not biased toward any particular opinion. A note taker records what was suggested and decided throughout the meeting while a process observer records how those decisions were met. Incorporating these roles can lead to a lasting group understanding as well as ability to improve decision making meetings in the future.

 

Common Challenges in Decision Making Meetings

Making group decisions can be hard. Making good group decisions is even more challenging. However, good decisions is what can make or break your project or even your company or career. Being aware of the most common challenges in decision making meetings will move you closer to facilitating successful group decision making.

Incomplete information and narrow perspectives

An important aspect of collective decision making is to incorporate a broad spectrum of opinions and ideas, and through group collaboration converge these into a best possible solution. This process is easier said than done. Getting to a solution often involves dealing with a lot of conflicting agendas and opinions which are not easily resolved.

Identifying the best possible solutions

Another classic challenge of the decision making meeting is knowing what possible options are worth further consideration and discussion, and which options to discard early. Time is often wasted discussing possibilities that are not even among the most likely or best choices.

 

 

How to Host a Successful Decision Making Meeting

Decision is the spark that ignites action. Until a decision is made, nothing happens.

A great decision making meeting effectively incorporates all participants, benefiting from the knowledge and experience they bring to the process. Giving all relevant parties the opportunity to participate in the decision making process increases the quality of the decision, adds to the collective understanding and support of the outcome, and ensures successful implementation.

Consider all relevant information

We want as much relevant information as possible to go into the group decision process. This means involving as many stakeholders as practically possible to provide input when it comes to defining the problem area, come up with possible solutions, and evaluate options.

Generate and evaluate possible solutions

Identify and agree on solution requirements before starting to brainstorm potential solutions. Then, invite to brainstorm solutions with an open mind, focusing on the issue rather than the person presenting the idea. Use the solution requirements to evaluate the various suggestions, identifying the top ideas for further consideration.

Get everyone on board

The secret of change is to focus all of your energy, not on fighting the old, but on building the new.

One of the most important aspects of decision meetings is to create unity around the decision that is created. When each participant feels their opinion has been fully considered as part of the decision making process they are more likely to feel ownership of the decision, even in cases when it is not the outcome they hoped for.

 

 

Better Decision Making Meetings with Technology

Collaborative technologies today like Zoom and a good website where owners can read and voice their opinion on subjects that will impact them are being used to make group decision processes easier to manage, more efficient, produce better solutions, and improve execution of decisions.

 

Easily include and engage all key stakeholders for more complete information

Using smart device-based participation levels the playing field and provides an efficient way to share information and reach group consensus. The unruly nature of decision making meetings is easily structured with Zoom and a good Website for your association, because participants are presented with real-time visualizations and group opinions as the discussion moves forward.

 

Quickly tap into the group’s knowledge and expertise

Having participants use Zoom and a good Website for your association to evaluate options will help focus on the task at hand. Collecting decision preferences automatically, rather than manually, speeds up the process. Not only does that mean less time spent on interpreting where a group stands but it also allows for more people to be involved in the process at the same time.

For example, conducting a brainstorm with a large group of participants using whiteboards, flip charts, and post it notes can get messy. When people are contributing one by one it takes a considerable amount of time. The Zoom and a good Website for your association everyone can brainstorm, this activity lets group members submit ideas concurrently, via their own smart devices and computers making sure to accurately record and organize all inputs. This saves time for everyone involved, no matter how large the group is

 

Real-time visualizations of options and opinions focuses the discussion

Zoom and a good Website for your association are well suited to measure group opinions. In the case of an extended discussion it can be helpful to take multiple snapshots of opinions, as they can change over the course of the conversation. Taking a quick group poll, ranking, or evaluation after an initial conversation will clearly identify where the group feels their time is best spent. This allows the discussion to stay centered on the most important and relevant issues. The group will be able to use these baseline opinions as a jumping off point for focused conversation, establishing a common ground and sense of unity which will set the stage for successfully reaching a decision.

 

Engaged inclusion of stakeholders generates buy-in and better execution

Unfortunately, just organizing a group decision making meeting does not necessarily assure that each person in the room will leave feeling that they have been heard. Using Zoom and a good Website for your association ensures each person gets to contribute on an even scale. Because, participants can literally watch their voice be factored into the results. Playing an active part in the decision making process generates a sense of ownership and responsibility for the results, which in turn ensures active participation in carrying out the plan.

 

 

Adding to this: COVID-19: Technology and Social Distancing by Becker Lawyers.

COVID-19 has introduced new challenges to the way we meet and work together in our communities. Many of our daily community association activities include in-person interaction, from regular meetings to conduct association business to elections and other membership votes. Social distancing, the new normal, has necessitated a change to our behavior. While we continue to learn more about the COVID-19 virus and how it is spread, we do know that limiting in-person interaction can greatly reduce risk. Modern technology is a powerful tool to help reduce the transmission of the virus and allow us all to continue with our normal community association business. The following are a few options to consider as your association works to reduce risk in your community.

Voting

A standard election or membership vote often involves voting on a paper ballot. In addition, other types of voting events also include meeting in person, either to cast a ballot or participate in an annual meeting. At this time, we don’t know exactly how long the virus lasts on surfaces, but experts do believe it can be transmitted by touching surfaces. While social distancing and other guidelines now require we limit group activities and avoid public gatherings, there are a number of technologies that allow voters to participate in elections and cast membership votes safely from the comfort of their own homes.

Online voting is a Florida approved option and is a powerful tool to ensure association members can easily participate without the risk of exposure to the virus from in-person meetings or via voting materials. If you have an upcoming election or other membership vote, consider adding online voting to your process to avoid the need for physical materials and in-person participation.

Association Documentation

Community associations are required to provide access to association documents in the form of document inspection requests, a common practice that is sure to continue even during these uncertain times. We expect COVID-19 to affect the normal course of business for at least the next few months, especially as we continue to avoid in-person meetings and handling physical materials.

Instead of requiring in-person document inspections, consider posting your association documentation to your community website. Community association website software offers tools to upload association documentation and share links via email. These tools also allow you to easily post all Florida required association materials to a password protected area of your association’s website, facilitating ease of access and satisfying document inspection requests. These tools are simple to use and are cost-effective methods to continue to support your membership while helping to stem the transmission of the COVID-19 virus.

Association Communication

As we have seen, communication during an uncertain time is crucial. Your community association website is an instrumental channel to quickly and effectively communicate with your association membership. By posting official notices on how your community is managing the outbreak, your website provides a quick and centralized mechanism to ensure your association is apprised of the latest information. We all rely on websites for information and entertainment, and we will likely spend more time online now that our out of home activities are limited. Take this opportunity to direct your membership to your association website for the latest community updates.

We are all facing the challenges COVID-19 has introduced. Social distancing, cancelled activities, and the overwhelming amount of information only adds to the stress of this evolving situation. Technology can be a powerful equalizer, enabling us to work together in safe conditions and keep lines of communication open to all.

 

 

 

 

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VIDEO REPLAY webinar:  “Dollars & Sense | Milestone Inspections & Structural Integrity Reserve Studies (aka SIRS): Senate Bill 4-D, What’s Next?”

VIDEO REPLAY webinar: “Dollars & Sense | Milestone Inspections & Structural Integrity Reserve Studies (aka SIRS): Senate Bill 4-D, What’s Next?”

“Dollars & Sense | Milestone Inspections & Structural Integrity Reserve Studies (aka SIRS): Senate Bill 4-D, What’s Next?”

Today’s Requirements vs. Proposed Legislative Changes

Jeff Rembaum provided a thorough update covering the latest proposed changes to the Milestone and Structural Integrity Reserve Study (aka SIRS) requirements.

Jeff joined Kelly Britten (The Castle Group), Greg Main-Baillie and Jeremy Caldwell (Colliers) and Timothy Marshall (A.T. Designs), all of whom provided insight from the perspective of licensed CAMS, project management and engineering, respectively.


Milestone Inspections and Structural Integrity Reserve Studies (SIRS) | Senate Bill 4-D…What’s Next: Today’s Requirements vs. Proposed Legislation. Our panel of experts and professionals answered your questions concerning the new condo reserve laws, proposed legislation, responsibilities and roles of those involved.

    • Jeffrey A. Rembaum, Esq. (Kaye Bender Rembaum)
    • Greg Main-Baillie (Colliers)
    • Jeremy Caldwell (Colliers)
    • Kelly Britten (The Castle Group)
    • Timothy S. Marshall (A.T. Designs)

This webinar does not satisfy any requirements for manangers or board members, nor should it be considered legal advice.

For more great Videos view our YouTube page, view our members videos.

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When Insurance Claims are Denied, HOA Collections Come to the Rescue.

When Insurance Claims are Denied, HOA Collections Come to the Rescue.

When Insurance Claims are Denied, HOA Collections Come to the Rescue

Written by Mitchell Drimmer

In a report published on July 3, 2024, Newsweek Magazine observed that insurance companies are denying an extraordinary number of claims to Florida Homeowners Associations (HOAs) and condos. Being paid out for insurance claims properly as a homeowner in Florida brings you close to a 50/50 chance of being made whole, especially for HOAs. Recent data from Weiss Ratings reveals a concerning trend: nearly half of all damage claims submitted by Florida homeowners to three major insurers—Castle Key Indemnity, State Farm, and Castle Key Insurance—were denied last year. This alarming statistic underscores the difficulties many community association owners face when seeking coverage for property damage. This article explores how HOA collections come to the rescue when insurance claims are denied.

It’s Not Just a Florida Problem

States other than Florida are experiencing similar woes. For instance, California has been facing challenges with insurance claims, especially in areas prone to wildfires. Insurers have increasingly denied claims or refused to renew policies in perceived high-risk areas. In tornado-prone states like Louisiana and Oklahoma, homeowners also face significant challenges. These states often see higher denial rates due to the frequency and severity of natural disasters. Insurers in these regions are more cautious, leading to stricter scrutiny of claims.

High Denial Rates Among Major Insurers

Weiss Ratings’ analysis points to significant denial rates, with Castle Key Indemnity Company leading in Florida, denying 47.1% of claims closed last year. State Farm Florida Insurance Company and Castle Key Insurance Company followed closely, with denial rates of 46.4% and 46.0%, respectively. Although State Farm contested the accuracy of the data, the high denial rates highlight a substantial issue for homeowners and associations striving to obtain payouts.

These high denial rates can severely impact HOAs, which manage shared amenities and infrastructure. When claims are denied, the burden of repair costs falls on the HOA and, consequently, the homeowners. It is an economic reality of communal living. Sometimes, homeowners must fund repairs to their personal property and help the HOA pay for repairs to common areas due to denied claims. This situation underscores the critical importance of robust collection practices within HOAs to ensure sufficient funds are available to cover these unexpected expenses.

HOA Collections to the Rescue

Given the current insurance landscape, HOAs in Florida and other affected states must prioritize their collection strategies. Here are some critical approaches:

  • Uniform Collection Policy. If you have an emergency plan for hurricanes, you should have a plan for delinquencies. When and how will you deal with members who pay late or completely default?
  • An up-to-date roster. When we read about association governance, we are often told to communicate better, which is correct. However, good communication starts with good contact information, and we are willing to “bet dollars to doughnuts” that your community has a defective roster that lacks your membership’s current contact information. Before you can communicate, you must put together a proper roster. When you have a good roster with accurate and up-to-date contact information, you can speak to the importance of timely dues payments to all homeowners, explaining how these funds pay for maintenance and emergency repairs.
  • Offer flexible payment plans to accommodate homeowners facing financial difficulties, ensuring a steady flow of funds. You can do this before you send the owner to a collection agency.
  • Foreclosure is the last desperate attempt to collect delinquencies. HOAs should avoid it when possible. However, it should not be off the table. If your delinquent owners know that the association will not “pull that trigger,” then you can expect delinquencies to linger, repeat, and last forever. When this happens, come this budget season, boards and managers must create a line item in the budget for “doubtful debt.” This line item adds to the financial burden of those paying on time, which is unfair. Conduct a free pre-foreclosure analysiswhen foreclosure is unavoidable to avoid passing along this unfair burden.
  • Most associations can suspend amenities and voting rights of delinquent owners. Enforce this governing document provision to minimize ongoing delinquencies.
  • In Florida, if you have a delinquent investor-owned unit, you can legally intercept the rent money with just one pre-written letter, as provided in statutes 718.116 and 720.3085. Click here to review the statutes for other states.
  • Review your aging report every month, and if you don’t have board meetings regularly, have a system that will auto-submit a unit that has hit a delinquency threshold to collections with a board resolution. Your Uniform Collection policy should set the threshold, and your bookkeeping department should adhere to it.
  • When the delinquent owner fails to make good on their obligations after the board has sent courtesy letters and requests for payment, it is time to consider a collections company specializing in HOA and condo collections. You may want to speak to Axela Technologies first.

Focusing on Collections is Proactive Financial Management

As the data from Weiss Ratings reveals, Florida homeowners face significant challenges in securing insurance payouts for damage claims, and other states are in similar trouble. This reality makes robust collections even more critical for HOAs. By implementing effective collection strategies, HOAs can ensure they have the necessary funds to manage and maintain their communities, even when insurance claims get denied.

In these uncertain times, proactive financial management and clear communication with homeowners can help HOAs navigate the complexities of insurance claim denials and maintain the quality of their communities.

Contact us today to learn more about how Axela makes HOA collections equitable, efficient, and affordable.

 

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Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Recovery From Hurricane Ian

Unfortunately, Hurricane Ian was a historic storm and has left a wide and substantial swath of damage across Southwest Florida. As we all work to recover from the ongoing effects of Hurricane Ian, I would like to share a few pointers we have learned from past storms and some things we are experiencing with Ian:

  1. Flood Damage: A significant part of Ian’s damage resulted from rising water, which is generally and generically referred to as “flood damage”. It is very important to note that flood insurance and processing flood insurance claims is covered by federal law, not Florida law. Among the notable differences, federal law requires that a “Proof of Loss” be filed for flood claims within 60 days, and the statute of limitations under flood policies is one year.
  2. Disaster Recovery Contractors: There are a number of large national companies, as well as others, who employ large crews of “storm chasers”, and arrive at disaster sites to shore up the property, dry it in, and dry it out. This is critical work and many of these companies are reputable, but not all are. Bills for significant damage sites can quickly approach seven figures (one million dollars plus) without proper justification. Associations can understandably feel under pressure to sign these companies up quickly but there are several critical things to keep in mind:
  • Approval From Your Insurer: Most reputable companies will be known to your insurers and be able to demonstrate they have the “go ahead” from the insurer before engaging in major work.
  • Mapping”: As Southwest Florida is a significant disaster zone, insurance adjustors are overwhelmed and one may not visit your property for weeks, or longer. It is very important that the disaster relief contractor properly document the conditions it finds and remediates, commonly known as “mapping.”
  • Assignment of Benefits”: Historically, various participants in this field have asked for an assignment of the association’s insurance policy rights, known as an “AOB”’. AOB contracts are now strictly regulated by statute but should never be given to an outside contractor.

While getting dry-out work started quickly is critical, the association should not enter into a contract with a remediation company, or any vendor, if the association is not comfortable with the term of the agreement and confident in the company. It is always better to take a step back and make a thoughtful decision than to rush into a bad agreement.

  1. Application Of Your Community’s Governing Documents: If the association has experienced significant damage, it is critical that the association be aware of the requirements of the governing documents, especially for condominiums. For example, many documents state that if a certain percentage of the units are rendered “uninhabitable” (usually an undefined term), the condominium is automatically “terminated” (legally extinguished) if a vote to rebuild is not taken, often in a very short time frame such as 60 days after the loss. Other “gotcha” clauses in documents might include the requirement to have a bank act as “insurance trustee” for insurance proceeds.
  2. Emergency Powers: The “emergency powers” provisions of the statutes are now in effect. Among other powers conferred are the power to contract for debris removal and authorize appropriate remediation, including removal of wet drywall and cabinetry, subject to any limitations of the condominium documents. The emergency powers statute also gives associations flexibility in noticing and holding membership and board meetings. As much as is practicable, you should consult with your association’s attorney regarding use of the statutory emergency powers.

The next few months will be a trying time for everyone in Southwest Florida and practically every community association will have to deal with some consequence from Hurricane Ian. The decisions that board members and owners make at this time will, to a great degree, determine outcome for many communities.


Joseph E. Adams is a Board Certified Specialist in Condominium and Planned Development Law, and an Office Managing Shareholder with Becker & Poliakoff. Please send your community association legal questions to jadams@beckerlawyers.com. Past editions of the Q&A may be viewed at floridacondohoalawblog.com.

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Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. 

Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. 

  • Posted: Oct 30, 2024
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Building Envelope & Façade Inspections

Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. Our engineers will inspect all materials used to ensure the strength and stability of your structure from low-, mid-, to high-rise structures and facilities. Falcon’s engineers pride themselves on ensuring the services and recommendations provided to each of our clients are held at the desired level of individualized care and attention.

High Rise & Mid Rise Façade Inspections & Repair/Restoration/Replacement

Stucco & Exterior Insulation Finish Systems (EIFS) Evaluations & Repair

Mid Rise & Low Rise Siding Inspections & Repair Replacement

Roof Inspections & Repair/Replacement

Water Infiltration Investigation & Remediation

Window & Door Replacement Design

Balcony & Deck Repair/Restoration/Replacement

Foundation Inspections & Waterproofing

Parking Garage Inspections & Repair/Restoration

Firewall / Fire Separation Assembly Inspections & Remediation

 

Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets.  By A leader in the industry by providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

 


View the recorded webinar 
In case you missed it! Below is the link to the recording from yesterday’s fantastic webinar featuring Sinisa Kolar, P.E., Principal, on Extreme Weather in South Florida and Preventative Maintenance.
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Premier Fire Alarms & Integration Systems Installation Division Inc. a leader of innovative systems for over 27 years.

Premier Fire Alarms & Integration Systems Installation Division Inc. a leader of innovative systems for over 27 years.

  • Posted: Oct 30, 2024
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Premier Fire Alarms & Integration Systems Installation Division Inc. has been a leader of innovative systems for over 27 years. Our Fire Alarm Company serve and install most major brands of fire alarm systems and security products. Our licensed and certified staff is available 24 hours for emergency system repairs. We are factory authorized dealers for various manufacturers of low voltage systems. Below are the systems and services we provide:

 

  • Annual certifications for fire alarm systems
  • Service contract fire alarm systems.
  • Fire alarm and burglar alarm monitoring contracts.
  • BDA frequency testing (bidirectional amplification systems installed).
  • BDA installations of existing buildings.
  • 24 hour emergency service.
  • Engineered fire alarm system installations, engineering department.
  • ELSS engineered reporting for compliance.
  • Fire alarm systems installations all types.
  • U.L- ETL certifications.
  • Runner service contracts.

 

How often should fire alarm systems be tested

 

Fire Alarm systems have become unavoidable and can be found in many spots. Be it your home, office, condo, shopping center, or practically any other place, the necessity of the presence of a fire alarm system has made their presence more widespread. Hence, we at Premier Fire Alarms And Integration Systems Installation Division Inc. have taken it upon ourselves to ensure that our customers have fire alarm systems that are up and running.

Regardless of the nature of your business, having a fire alarm system in place is a necessity. It is equally vital to make sure that your fire system is working efficiently, and for this reason, specific inspection tests have to be carried out. We will discuss the details of these inspections below and how frequently they should be carried out to enhance your knowledge on the subject.

 

The frequency of your Fire Alarm System Inspections

Living in Dade County, you need to ensure that frequent tests are carried out on your fire alarm system. The regularity of these inspections is discussed in detail below. When we talk about fire alarm inspection, one thing to remember is that the frequency of these routine checkups depends on the type of fire alarm system you have installed and its usage. The system’s location also plays a role in determining how often you should carry out these tests.

The purpose behind a fire alarm is to detect any smoke or possible fire hazards and alert everyone to evacuate the building safely, and tackle the problem accordingly. The inability of a fire alarm system to not work efficiently could compromise the safety of the people present in the vicinity of the system. Therefore, you must take this seriously and ensure that your fire alarm system is not prone to making any errors.

 

Carrying out the Fire Alarm Inspection 

Depending on your satisfaction and your system’s needs, fire alarm inspections can be carried out annually, semi-annually, or even on a quarter-year basis. In addition to this, you can also keep a check on your fire systems by doing some in-house tests. The more frequently you test your system, the more likely you are to detect a problem and resolve it on a timely basis.

When you carry out tests on your fire alarm system, there are many problems that you can detect. If you are inspecting by yourself without involving a professional, here are some areas you can focus on. Your in-home tests can help you see damaged or melted fuses, equipment that has been interfaced, problems in lamps or LEDs in your system, primary power supply, and trouble signals emitted by the control unit. On a broader scale, you can even detect problems with the battery, DACR, and CO2 detectors in your system.

Depending on how intensive and detailed your inspection is, you can detect a multitude of problems that can impact the overall operational efficiency of your system.

 

Contact Us

If you are looking for a company to conduct fire alarm inspections in Dade County, we are the ideal choice! With a highly professional team equipped with a high skill set, we have been able to carry out fire system maintenance and inspection with utmost care and proficiency over the past. Not only will the tests allow us to detect flaws in your system time, but we will also help in keeping your system maintained and resolve any detected issues. Your safety is our number one priority, and we understand how important fire safety is.

 

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The Maus Law firm extends “5 Tips to maximize your compensation when filing an insurance claim”.

The Maus Law firm extends “5 Tips to maximize your compensation when filing an insurance claim”.

  • Posted: Oct 30, 2024
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The Maus Law firm extends our heartfelt condolences and prayers to their families and friends who have lost so much.

Our area in East South Florida was fortunate to be spared, but you should always know your insurance rights and obligations. We are here to help.
Here are five important tips on how to build a winning case.
  1. #1: Retain an Attorney. …
  2. #2: Get Medical Treatment for Your Injuries. …
  3. #3: Preserve Evidence. …
  4. #4: Stay Off Social Media. …
  5. #5: Do Not Accept a Quick Settlement.
We are only a phone call away if you would like more information about filing a property damage insurance claim.

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