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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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Becker provides a variety of resources to help our community association board members, managers, and owners thrive.

Becker provides a variety of resources to help our community association board members, managers, and owners thrive.

  • Posted: Oct 08, 2021
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Becker provides a variety of resources to help our community association board members, managers, and owners thrive. From educational classes to a leading industry blog and podcast, informative videos, and other ancillary services and products geared exclusively to community associations, we’re here to help you navigate the complexities of community living.

 

NEW PODCAST
Take it to the Board with
Donna DiMaggio Berger

 

As leaders in Community Association Law, we not only helped write the law – we also teach it.
Becker’s robust continuing education program provides over 200 classes per year on a variety of topics ranging from board member certification to compliance, and everything in between.

Our most popular classes are now available online!

PREPARING FOR THE FUTURE
Interdisciplinary Sea Level Rise Advisory Team

 

Community Association Industry Trailblazers: Becker Continues to Deliver Cutting-Edge Technologies

Your Site. Your Way. Same Day! Provide owners with easy access to association documentation with this legally compliant website management solution.

 

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Annual Retainer Benefits

  • Preferred Hourly Billing
  • Annual Meeting & Election Notice Packages
  • Preferred Pricing for BeckerBALLOT.com
  • Exclusive Access to MyCommunitySite.com Discounts
  • Online Collections Status Reporting Portal
  • Community Association Leadership Lobby (CALL) Membership
  • First access to Becker’s Community Association Guidebook Series

For more information on becoming an annual retainer client, please call 954.987.7550.

 

 

 

 

 

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We were outsourced Accounting and Bookkeeping resource when no one knew what outsourcing was

We were outsourced Accounting and Bookkeeping resource when no one knew what outsourcing was

  • Posted: Oct 07, 2021
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We were outsourced Accounting and Bookkeeping resource when no one knew what outsourcing was

Back in 1984 when we opened for business, our first clients turned over their bookkeeping and accounting to us to handle for them. In those days we sent information back and forth by fax and federal express: no one had heard of the internet and the only clouds we knew about were is the sky. But for Clients that could not keep their records in order, we were able to help them get out from under a bookkeeping mess and back to doing what they did best — building their business.
While our methods have changed (no more faxing and Federal Expressing), one thing has never changed; all work is done by our full-time employees that are based in our offices here in Florida. This allows us to be sure that our staff is always available to take your calls, answer your questions, and respond to inquiries from your customers and vendors.

RMS Accounting combines quality cost effective accounting and bookkeeping services with a team of tax accounting professionals to help clients make and save more money.

rms-accounting

Accounting and tax services are about more than just numbers on a page. Unlike other accounting firms, when you call us you will get a live human being not voicemail and unlike other accounting firms we will work with you on your business helping you to grow profits and cut taxes. Unlike other accounting firms we will tell you before we begin work exactly what it will cost for our help.

Our tax accounting professionals will be happy to assist you with; tax planning, tax preparation and tax representation.

Our tax accountants are EA’s (Enrolled to practice before the IRS). They know the tax laws and will make sure you don’t pay one penny more than you have to. Visit us for a free consultation with a tax accountant, who will review your tax situation, with you to determine the best course of action. The tax accountant will provide you with a free fee quotation.

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It’s the Manager’s Fault, Or Is It? by KBR Legal

It’s the Manager’s Fault, Or Is It? by KBR Legal

  • Posted: Oct 05, 2021
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It’s the Manager’s Fault, Or Is It?

by KBR Legal

 

Few professions have more demands placed upon them than that of the Florida licensed community association manager (CAM). Depending on whom you ask, the CAM is the organizer, rules enforcer, keeper of secrets (meaning confidential and statutorily protected information not limited to the medical record of owners and attorney-client privileged information), best friend, the “bad guy” (a frequent misconstruction), and the first person in the line of fire when things go wrong; in other words, the one who takes all the blame and gets little credit when things go right.

 

When things at the association go wrong, what comment is most likely heard? “It’s the manager’s fault!” But, is it? Unless the manager failed to carry out a lawful directive from the board, breached a management contract provision, or violated a Florida statute, then in all likelihood, the manager has no culpability. CAMs are licensed by the State of Florida pursuant to Part VIII of Chapter 468 of the Florida Statutes, and there are statutory standards by which CAMs must conduct themselves.

 

Pursuant to §468.4334, Florida Statutes, “[a] community association manager or a community association management firm is deemed to act as agent on behalf of a community association as principal within the scope of authority authorized by a written contract or under this chapter. A community association manager and a community association management firm shall discharge duties performed on behalf of the association as authorized by this chapter loyally, skillfully, and diligently; dealing honestly and fairly; in good faith; with care and full disclosure to the community association; accounting for all funds; and not charging unreasonable or excessive fees.”

 

As set forth herein, statutory standards provide guidance to CAMs as to how they should conduct themselves. They must discharge their duties with skill and care and in good faith. They must act with loyalty to their association employer and deal with the association both honestly and fairly. They must provide full disclosure, which can be interpreted as both keeping the board informed of current events and providing disclosures of any conflict of interests. They must be able to account for all funds, too, which means both assessment income and expenditures; in other words, they must mind the budget.

 

Best practices for CAMs include becoming extremely familiar with the governing documents of the association (including the declaration, articles of incorporation, bylaws, and rules and regulations) and the financials of the association, walking the physical property, engaging with their team and residents, as well as providing weekly status updates to the board regarding all ongoing association business. If you are a CAM and do these things, then you have an opportunity to shine and stand head and shoulders above your peers and competition. This weekly status report is an excellent communication tool yet seems to be a rarity. CAMs should also make themselves available to owners. However, when an owner becomes offensive or insulting, the CAM should politely and firmly request that the owner communicate respectfully and in a professional manner. A CAM should always be financially transparent and should be extremely familiar with the management contract to fully understand her obligations and authority; for example, the limitation to spend association funds. Finally, the CAM should strive to keep a written record of her activities.

 

The two most obvious and biggest ways to get in trouble include committing acts of gross misconduct or gross negligence in connection with the profession or contracting on behalf of an association with any entity in which the CAM has a financial interest that is not disclosed. Disciplinary actions against a CAM fall under the purview of the Florida Department of Business and Professional Regulation (DBPR). Section 455.227, Florida Statutes, governs grounds for discipline, penalties, and enforcement.

 

For example, the following activities constitute grounds for which disciplinary actions may be taken by the DBPR (this list is not all inclusive): (i) making misleading, deceptive, or fraudulent representations in or related to the practice of the CAM’s profession; (ii) intentionally violating any rule adopted by the DBPR; (iii) being convicted or found guilty of, or entering a plea of guilty or nolo contendere (“I do not wish to contend”) to, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a CAM’s profession; (iv) having been found liable in a civil proceeding for knowingly filing a false report or complaint with the DBPR against another CAM; (v) attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the DBPR; (vi) failing to report to the DBPR any person who the CAM knows is in violation of the laws regulating CAMs or the rules of the DBPR; (vii) aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to law; (viii) failing to perform any statutory or legal obligation; (ix) making or filing a report which the licensee knows to be false; (x) making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession; and  (xi) performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.

 

The Florida Administrative Code, in Rule 61E14-2.001, also provides standards for professional conduct which are deemed automatically incorporated as duties of all CAMs into any written or oral agreement for community association management services. A CAM must adhere to the following standards:

 

  1. comply with the requirements of the governing documents by which a community association is created or operated
  2. only deposit or disburse funds received by the CAM or management firm on behalf of the association for the specific purpose or purposes designated by the board, community association management contract, or the governing documents of the association
  3. perform all community association management services required by the CAM’s contract to professional standards and to the standards established by §468.4334(1), Florida Statutes
  4. in the event of a potential conflict of interest, provide full disclosure to the association and obtain authorization or approval; and
  5. respond to, or refer to the appropriate responsible party, a notice of violation or any similar notice from an agency seeking to impose a regulatory penalty upon the association within the timeframe specified in the notice.

In addition, during the performance of community association management services pursuant to a contract with a community association, a CAM cannot withhold possession of the association’s official records or original books, records, accounts, funds, or other property of the association when requested in writing by the association to deliver the foregoing to the association upon reasonable notice. However, the CAM may retain those records necessary to complete an ending financial statement or report for up to 20 days after termination of the management contract. Additionally, a CAM cannot (i) deny or delay access to association official records to an owner, or his or her authorized representative, who is entitled to inspect and copy the association’s official records within the timeframe and under the applicable statutes governing the association; (ii) create false records or alter the official records of an association or of the CAM except in such cases where an alteration is permitted by law (e.g., the correction of minutes per direction given at a meeting at which the minutes are submitted for approval); or (iii) fail to maintain the records for a CAM, management firm, or the official records of the association as required by the applicable statutes governing the association.

 

How do you know if your association requires a licensed community association manager? Pursuant to §468.431, Florida Statutes, if the association has 10 or more units or has a budget of $100,000 or more and the person is conducting one or more of the following activities in exchange for payment, the person must be a licensed CAM:

 

  1. controlling or disbursing funds of a community association
  2. preparing budgets or other financial documents for a community association
  3. assisting in the noticing or conduct of community association meetings
  4. determining the number of days required for statutory notices
  5. determining amounts due to the association
  6. collecting amounts due to the association before the filing of a civil action
  7. calculating the votes required for a quorum or to approve a proposition or amendment
  8. completing forms related to the management of a community association that have been created by statute or by a state agency
  9. drafting meeting notices and agendas
  10. calculating and preparing certificates of assessment and estoppel certificates
  11. responding to requests for certificates of assessment and estoppel certificates
  12. negotiating monetary or performance terms of a contract subject to approval by an association
  13. drafting pre-arbitration demands
  14. coordinating or performing maintenance for real or personal property and other related routine services involved in the operation of a community association, or
  15. complying with the association’s governing documents and the requirements of law as necessary to perform such practices.

However, a person who performs clerical or ministerial functions under the direct supervision and control of a CAM or who is charged only with performing the maintenance of a community association and who does not assist in any of the management services described above is not required to be licensed.

 

So, whose fault is it when things go awry? A CAM’s role is far different than that of a rental complex manager who often has decision-making authority. The CAM does not have that same type of decision-making authority. The CAM must take direction from the board and perform pursuant to the obligations set out in the management agreement and Florida law. It is the board of directors of the community association that actually makes the decisions. So, while the uninformed might blame the CAM, you now know that the buck stops with the board of directors. If you have further questions regarding a CAM’s responsibility, then please discuss this with your association’s lawyer.

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NO ASSOCIATION WEBSITE? WHAT ARE YOU WAITING FOR? By Eric Glazer, Esq.

NO ASSOCIATION WEBSITE? WHAT ARE YOU WAITING FOR? By Eric Glazer, Esq.

  • Posted: Oct 05, 2021
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NO ASSOCIATION WEBSITE?  WHAT ARE YOU WAITING FOR?

By Eric Glazer, Esq.

 

When the original bill was filed that required condominiums to have a website, the statute was only going to apply with condominiums of 500 units or more.  In effect, the statute would have applied to less than one percent of all condominiums in the state.  I met with the legislator who drafted the bill and suggested that the bill be revised to apply to all condominiums with 50 units or more.  The compromise was 150 units.

As we know, The Florida Legislature does not like to regulate HOAs, so for whatever reason, HOAs with 150 homes or more are not required to have a website.  Instead, if a homeowner wants access to records, they must make the request by certified mail, return receipt requested.  If the association ignores them, the unit owner has to ask for pre-suit mediation.  If that fails, the unit owner has to file a lawsuit.  All because they wanted copies of some of the official records.  It’s ridiculous.

Why not make your community more transparent and accessible now?  Who cares if you’re an HOA and you’re not required by law to have a website?  Set one up anyway, regardless of the number of homes you have.  Are homeowners in a 50 home community less entitled to see the records than an owner in a 150 home community?  Of course not.

If you’re in a condominium of less than 150 units, I understand that the law does not require your condominium association to have a website containing the official records.  So what?  Create one anyway.  I can tell you that over the past two years, as least as far as the larger condominiums go, there has been less arguments between owners and the board when it comes to being able to access the official records, simply because the association is required to have these official records on an association website.

I will also warn condominium associations that the DBPR is not fooling around when making sure that condominium associations with 150 units or more comply with the law.  They will investigate any complaint received from an owner who claims their association is not complying with the law.  They want those records posted on-line.  The association’s failure to do so can and will result in a fine for several thousand dollars.

Placing the records on-line frees up the manager’s valuable time because now they are less likely to have to respond to unit owner requests for access to records.  I’m looking forward to see how Rafael feels about the law.  Have you had success in your community with the association’s website?  If your community doesn’t have one, would you want one?

 

Absentee Owners and Unoccupied Condominium Units by Becker

Absentee Owners and Unoccupied Condominium Units by Becker

  • Posted: Oct 05, 2021
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Absentee Owners and Unoccupied Condominium Units

 

In condominium associations throughout the state, it is common for there to be seasonal unit owners who leave their units unoccupied during portions of the year. For associations faced with periodically unoccupied units in multifamily condominium buildings, there are distinct legal issues worth considering in advance of problems arising.

Florida’s Condominium Act (the “Act”) does not require absentee unit owners to have their unoccupied units periodically inspected for damage or deterioration. To overcome the absence of a statutory requirement, associations may adopt amendments to their declaration of condominium so that such inspection requirements are enacted to avoid problems originating in unoccupied units going undetected and/or unreported for long periods. Additionally, while the Act authorizes associations to “operate” association-installed hurricane protections to guard against damage to the condominium property, it does not require such protection to be installed. Therefore, it may be prudent to require all unit owners, including but not limited to absentee owners, to install such protection. To incentivize compliance, Section 718.111(11)(j), Florida Statutes provides that the responsibility for damages not paid for by insurance proceeds is shifted from the association to unit owners when such damages result from the unit owners’ failure to comply with the association’s declaration or rules.

The Act provides associations with an irrevocable right of access to enter units when necessary to undertake maintenance of common elements, and as necessary to prevent damage to common elements or to a unit. Associations should ensure that their documents or rules require a working key to all exterior doors and/or that contact information for local persons caring for unoccupied units be provided to the association. It is not recommended for an association to wait until an emergency arises before first contemplating how it will gain access to unoccupied units.

Fortunately, this subject is one that most association law practitioners have addressed in one manner or another. Condominium associations that find themselves concerned about unoccupied units are encouraged to discuss this with legal counsel so that a strategy for dealing with such units may be developed.

 

   Read and Learn through a wealth of Informative Articles Provided by Becker Lawyers and Partners.  https://www.floridacondohoalawblog.com/category/insight/

And don’t forget:  BeckerBALLOT.com  When your Community has a VOTE and you need simply the best way for everyone to be involved!

Once your Board adopts a Resolution which offers an online voting system option for your members, those members consenting to vote online will be invited to register and vote using BeckerBALLOT.

Your association will be asked to provide a roster of eligible voters (members who have consented) to BeckerBALLOT.

Eligible voters will be invited to activate their account online and vote!

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HOMEOWNERS ASSOCIATIONS

HOMEOWNERS ASSOCIATIONS

  • Posted: Sep 29, 2021
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HOMEOWNERS ASSOCIATIONS

 

Keep up to date with Legal, Board Member and Advances with Florida’s HOA Industry.

When you purchase a condominium, townhouse or another type of property in a planned development such as a leased land property or a gated community, you are obligated to join that community’s homeowners’ association (HOA) and pay monthly or annual HOA fees for the upkeep of common areas  and the building. If you are considering purchasing one of these types of properties, you should be aware of the following things about homeowners’ associations and how they work before you buy. These communities are governed by a Board that governs many aspects of the HOA, Learn the rolls of these board members and how they govern an HOA.

What Is a Homeowners Association?

A homeowners association is a membership organization run by a board of directors–usually neighborhood volunteers–that regulates and manages a building, set of attached homes or a single-family neighborhood.

The HOA will set regulations governing a variety of issues, and assess HOA fees–to be paid annually, quarterly or monthly, and sometimes through special assessment–that go toward the upkeep of a neighborhood.

In many cases, an HOA is started by a real estate developer, and the company might hire a community association manager to assist the board in its duties.

 

Inner workings of an HOA

If you’re looking to buy a home in a neighborhood with an HOA, make sure to review the rules and regulations as soon as possible because once you purchase the home, you will be a member.

The rules, also known as covenants, conditions and restrictions (CC&R), can range from the common to the arcane, and will often set the tone for the neighborhood.

For example, an HOA can set strict rules on the type of changes you can make to the exterior of your home. Here are some other common things an HOA may regulate:

  • Common areas/land: It’s likely your HOA fees will primarily cover upkeep for common outdoor areas, snow removal, building upkeep and–if your neighborhood has them–community fitness and gathering areas.
  • Pet ownership: An HOA could specify whether you can own pets, how many and how big they can be.
  • Parking: You might have rules that govern the types of vehicles that can be parked in a driveway or parking lot–for example, RVs might not be permitted–and if overnight street parking is allowed.
  • Renting: An HOA might take a hard line on renting regulations to prevent the neighborhood from having too many temporary residents.

 

GOOD LEADERSHIP AND GOVERNANCE of BOARD MEMBERS

 

LOOKING FOR A PROPERTY MANAGEMENT COMPANY OR A CAM MANAGER TO MANAGE YOUR PROPERTY

“We give clients information to make an informed decision about which property management company to use”

Find Top Companies ready to help on the Florida Members Directory

Find property managers for your investements

  • Clients learn about how hiring a professional management company helps them.
  • Clients can learn what fees are associated with management.
  • Clients can read and learn about maintenance issues and repairs for their property.
  • Along with other information including: Questions to ask potential management companies. ie: collecting rents, vacant units, inspections, contracts and leases, payment and your monthly money, evictions and fees…
  • When Property Owners need Legal Services our members can help with this.

 

Addressing these questions with a Property Manager helps them to understand what a manager does and how important it is to take the time to find the right company that will care for their properties.

 

 

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Seacrest Services – Can tailor a specific service plan for your commercial property or community association.

Seacrest Services – Can tailor a specific service plan for your commercial property or community association.

  • Posted: Sep 29, 2021
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Seacrest Services

561.697.4990

From full-service property management services and professional accounting services to complete landscaping and property maintenance needs, Seacrest Services can tailor a specific service plan for your commercial property or community association. We take great pride in the longevity of our client relationships and our customers’ continued satisfaction with our quality property management services. We maintain one of the highest levels of experienced employees in our industry, ensuring that your property gets the professionalism and knowledge you deserve.

When you submit a request to Seacrest Services, one of our representatives will call you to set up a time to meet. We will then walk your property or the job area with you. A site walkthrough is important because no two properties are the same. A variety of variables, such as square footage, the scope of work, and condition of the property, makes each situation unique. Our representatives will work with you to design a custom-tailored solution to fit your property’s individual needs.

We now have offices in West Palm Beach, Delray Beach, Pompano, Miramar, and Naples, Seacrest is uniquely positioned to handle the needs of South Florida’s community associations, commercial properties and businesses. Since 1975 we have been a leader in community association management including property management, accounting, landscape services, maintenance services, commercial property services and even construction. To see how Seacrest can lead your community into the future, call us today at 888-828-6464.

 

SERVICES WE OFFER

We have your property management needs covered – inside and out.

Property Management – All of our property management personnel are state licensed community association managers and undergo Seacrest’s extensive in-house training program. Quality service is of utmost importance and the basic expectation of the Seacrest Management Team.

Maintenance and Janitorial Services – Seacrest Services is proud to offer our customers an experienced and capable management team utilizing the latest building maintenance equipment, cleaning techniques, and commercial janitorial supplies. We aim to meet and exceed all of your standards of cleanliness and enhance your facility’s appearance.

Customer Service – We understand that your residents are the lifeblood of your community, providing quality customer service to each of them is our privilege. Our interactive Live Operator Customer Service Program is tailored to fit the unique needs of each association we oversee. This approach helps to promote a harmonious living environment all while reducing the need for direct Board involvement in day-to-day issues.

Accounting & Financial Services – Since no one accounting system works for everyone, we customize your system to meet the specific requirements of your association. Our state-of-the-art technology gives you the information you need at the touch of a button while our skilled accounting team provides support and assistance.

Landscape Services – With a dedicated team of experienced and knowledgeable landscape professionals, we have the expertise to create and maintain a lush, healthy landscape for your property. Our comprehensive landscape services eliminate the hassle of hiring multiple vendors and ensure you receive the highest quality services from one easy source.

 

 

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Jilsa Management LLC – Changing the way you think about property management one client at a time.

Jilsa Management LLC – Changing the way you think about property management one client at a time.

  • Posted: Sep 29, 2021
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Jilsa Management LLC

888-863-1811

“Changing the way you think about property management one client at a time.”

Jilsa Management is an experienced and established family – owned enterprise providing HOA/Condominium association management, Multi-family   management, and Grounds maintenance services to our communities in South Florida.

Our approach to property management is different from other companies. We are a family oriented and technology focused company. From enhanced customer service to new technologies that are available, we want to offer the best for our communities.

Every month is a new beginning with Jilsa Management. We want to earn your business and prove our worth. With easy to understand contracts with no cancelation fees. If you are not happy with our service there is nothing to hold you back.

We put a face behind the company. Our property managers are known by the residents that they serve in every community that we manage. Our property managers are always available for conversation and aim to provide the personalized service that every community deserves.

 

SFPMA Members: View and Contact us today! 

 

Jilsa Management takes our personal management approach to new levels. We provide our board members and communities with unprecedented access to our property managers and staff. Our support for our communities is never limited to just Monday to Friday 9-5pm. We are big enough to handle the day to day operations of most mid-sized communities. While our business focus aims to provide the personal touch that our communities and boards have come to appreciate.

 

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THE SITE OF THE CHAMPLAIN TOWERS — NOT AN EASY TASK TO DECIDE WHAT TO DO By Eric Glazer, Esq.

THE SITE OF THE CHAMPLAIN TOWERS — NOT AN EASY TASK TO DECIDE WHAT TO DO By Eric Glazer, Esq.

  • Posted: Sep 29, 2021
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THE SITE OF THE CHAMPLAIN TOWERS — NOT AN EASY TASK TO DECIDE WHAT TO DO

By Eric Glazer, Esq.

I don’t envy Judge Michael Hanzman, the judge who is assigned to decide the fate of the property where The Champlain Towers South Condominium once stood. The question of what to do at this sacred site is not easy. Some families want no re-development and only a memorial. The City of Surfside needs to see residential redevelopment at that site or lose an incredible about of annual real estate tax dollars.

At present, there is an offer to buy the land for $120 million dollars. But that offer doesn’t promise to even put up a memorable plaque marking the spot of the tragedy. Suggestions of rebuilding on the site and forming a memorable tribute somewhere else in Surfside have also not progressed.

According to The Daily Business Review, Hanzman said he is sympathetic to those who want a memorial, but his job is to get the most money for all families of those who died and the approximately 35 families who survived but lost their homes. He has scheduled the auction for late February or early March and said that date is firm because many of the survivors need money to buy new homes.

Judge Hanzman is right, his job is to get the most money for the victims. And, while 120 million sounds like a lot of money, it isn’t when we consider the fact that there were 140 units. There’s another 50 million or so in insurance and this still isn’t even close to being able to compensate the victims and their families all that they are rightfully entitled to.

Then comes an even harder part. How does the court decide who gets what from the limited pot? Does the court allow the family of a 30 year victim to collect more that the family of an 80 year old victim? What about people who survived but were injured? Do they get anything? Of course, everyone needs to get reimbursed for the loss of their unit as well. These are Solomon like decisions the court will ultimately be faced with and they are not easy tasks. Of course, whatever decisions are made there will be people that agree with the court’s conclusions and method of pay-out and those who do not. There is simply no way to make everyone whole financially. And in the end……it’s only money anyway.

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