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CoverTec Products has a new website smoother, faster, and more helpful

CoverTec Products has a new website smoother, faster, and more helpful

It’s designed to make your experience smoother, faster, and more helpful than ever before.  Here’s what’s new:

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And as always:

  • All of our products are Made in the USA
  • You get Free Shipping on orders over $20 (in the continental USA)
  • And there’s a 30-Day Money-Back Guarantee on all orders.

Contractors, we ready to work with you!
Need bulk orders, custom shipping, or project advice?
We’re here to help – just give us a call!

Visit our new site today and see the difference for yourself!

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A guide to holiday decorating that will keep you off your HOA’s naughty list

A guide to holiday decorating that will keep you off your HOA’s naughty list

  • Posted: Dec 17, 2024
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A guide to holiday decorating that will keep you off your HOA’s naughty list

Check your association’s bylaws before making your home festive

The holidays are here, and many of the 74.1 million Americans who reside in community association neighborhoods are preparing to decorate their homes. These homeowners should be aware that many community associations have bylaws that regulate lights, trim and decorative displays. The most common association rules that regulate holiday decorations address:

  • Time. Many homeowners associations (HOAs) regulate the hours that lights may be illuminated and dates on which decorations can be displayed before and after a holiday.
  • Location. Most community association rules limit placement. In neighborhoods of single-family houses, decorations are generally permitted on the exterior of the home and must be kept within the boundaries of the yard. Owners should ensure decorations do not blow into a neighbor’s yard. In attached condominiums, many associations limit or preclude holiday decorations in common areas such as hallways and doors. Most condominium bylaws contain a restriction that prohibits an owner from making a modification to the exterior of a unit without permission from the association.
  • Nuisance. Bylaws typically preclude homeowners from creating a “nuisance.” While this definition is somewhat subjective, it could include holiday lights that are too bright or Christmas music that is played loudly throughout the night. In most cases, common sense dictates what may be disruptive to neighbors.
  • Safety. Most bylaws or rules aim to prevent dangerous or hazardous activities. If your holiday display creates a fire hazard or attracts numerous visitors who park in the street and block access for emergency vehicles, you may run into issues with your association or the local municipality.

HOA rules are intended to protect the health, safety and welfare of the community; complying with the restrictions is mandatory. Homeowners who fail to do so may initially receive a warning from the association, but continued noncompliance could result in fines or a court injunction to have the decorations removed.

Homeowners who have an issue with the holiday-decorations rules should request a meeting with the board to ask if they can be revised. Board members should be receptive to reasonable input from owners and craft rules accordingly; most owners don’t want an Ebenezer Scrooge on the board.

Fair Housing Act implications may make some holiday rules unenforceable. Religious discrimination is illegal under the act. An HOA is not allowed to show preference to one religion over another. When drafting rules, associations should be careful to avoid using terms that refer to specific holidays such as Christmas, Hanukkah or Kwanzaa. Rather, the rules should apply to all “holiday decorations” or reference “holiday trees” to ensure the religious beliefs of certain owners are not given preferential treatment.

Before decorating your home, review the community association rules to determine what restrictions, if any, exist that would regulate holiday displays. It’s a good idea to contact the community manager or the board of directors for guidance. While the holidays are a time to celebrate, owners who fail to review their association’s rules may end up with coal in their stockings. by By Kevin M. Hirzel

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‘Tis the season to be jolly, but safety should always come first!  Here are some Christmas tree fire safety tips to keep your holiday celebrations worry-free:

‘Tis the season to be jolly, but safety should always come first! Here are some Christmas tree fire safety tips to keep your holiday celebrations worry-free:

  • Posted: Dec 11, 2024
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‘Tis the season to be jolly, but safety should always come first! 🚒 Here are some Christmas tree fire safety tips to keep your holiday celebrations worry-free:

💦 Keep it Hydrated: Water your tree daily to prevent it from drying out and becoming a fire hazard.
🕯️Placement Matters: Position your tree away from heat or open-flame sources, like candles, heaters and fireplaces. We know, there are not many fireplaces in South Florida, but just in case 😉.
💡Lights Check: Inspect your holiday lights for any frayed wires or damaged bulbs before decorating.
🔌Unplug at Night: Remember to turn off tree lights before heading to bed or leaving home.
🎄Quality Ornaments: Use non-flammable or flame-resistant decorations to minimize risks.
🧯Fire Extinguisher Ready: Have a fire extinguisher nearby, just in case.
We hope you follow these tips for a safe holiday season! While we are hopeful that you won’t experience any fire damage, remember that we are here for you, and we can manage ANY damage! 1-877-224-2532.
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CONDO SOLUTIONS (RADIO SHOW) on WSTU 1450 am Mondays (9 am – 10 am) by Peter Mollengarden, Esq of KBR Legal

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

  • Posted: Dec 11, 2024
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CONDO SOLUTIONS (RADIO SHOW) on WSTU 1450 am

Mondays (9 am – 10 am)

by Peter Mollengarden, Esq of KBR Legal


Peter Mollengarden, Esq. on ‘Condo Solutions’

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

 

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

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

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“Condo Craze & HOA’s” Watch us live Sunday@ 11am on YouTube with Eric Glazer

“Condo Craze & HOA’s” Watch us live Sunday@ 11am on YouTube with Eric Glazer

“Condo Craze & HOA’s”

Watch us live Sunday@ 11am on YouTube with Eric Glazer

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

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

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

 

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Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller.

Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller.

Many engineering firms do not offer residential services. But United Professional Engineering (UPE) does.

We understand the residential market and the homeowner and we value their business. Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller.

 

Residential Structural Inspections

Many engineering firms do not offer residential services. At UPE, we understand the residential market and the homeowner. We value their business and our team is proud to service this sector. Most of the work that we perform for residential homeowners begins with an onsite engineering assessment. Our licensed, structural engineers make a site visit to the property. We survey the areas of concern and assess the severity of the structural problems in question.

After a site investigation is conducted, our structural engineers prepare a structural engineering report outlining onsite findings, identifying probable cause of the structural issue and recommendations for remediation of any structural deficiency uncovered. We provide our clients with a photograph log documenting existing conditions at the time of the site visit. Only a licensed, structural engineer can provide accurate assessments and solutions for a home buyer or seller. Give us a call today!

 


United Professional Engineering (UPE)

Provides a unique “one-stop-shop” for all your structural engineering needs in Palm Beach and Broward County. Our South Florida area founded firm has been in business since 1999 and we have a diverse team; from licensed designers and structural engineers to inspectors and general contractors. For that reason, our projects range from designing and restoration to structural inspections and more!

We understand how valuable your time is and we are committed to providing our industry leading expertise to your next project. Our team welcomes any and all challenges to ensure a smooth and cost effective project for all our clients and everyone involved. Your journey with us is important, and we take pride in making it memorable!

At UPE, we understand it is hard to find a service provider you can trust and count on and we are here to change that.

Today, one of the largest investments is building a structure and how to maintain its lifespan. Structural integrity, environmental factors, atmospheric elements, and maintaining aesthetics are all important factors that we evaluate very carefully, when working on a project.

Our highly qualified licensed designers, engineers and general contractors promises to ensure your investment is protected. We believe it’s important to exhibit and maintain an open communication network, while working towards each of our client’s best interests, as well as everyone involved.

We are committed to structural safety and serviceability, identify equilibrium conditions, resolve limitations and utilize preventive and corrective maintenance behavior. UPE is here to help accomplish each milestone of your project, together!

Give us a call today!
📱(561) 582-1733
💻 upefl.com

Find us on the Members Directory on SFPMA.com

LinkedIn:  Find us on LinkedIn

 

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30/40 Year Building Recertification: Your Property Depends on it.

30/40 Year Building Recertification: Your Property Depends on it.

  • Posted: Dec 11, 2024
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30/40 Year Building Recertification: Your Property Depends on it.

Building inspections are crucial for maintaining the safety and integrity of buildings. This is particularly true here in South Florida due to our region’s unique climate and environmental conditions. High humidity, Salt Air, extreme heat, and the hurricane season can all cause damage to building’s structure and envelopes over time. These are some of the reasons why building recertification has become mandated in South Florida every 30 or 40 years, depending on the building’s age.

 

Identifying Hidden Problems

Building inspections are essential to identify underlying problems that may not be readily apparent to residents. For instance, buildings may develop foundation cracks, leaks in the roof, or other issues that can pose significant risks to the property’s structural integrity. Regular inspections can catch these issues early and detect severe problems that may cause serious water damage or building collapse.

Building inspections can prevent these situations, uncover hidden issues, and allow for prompt repair or replacement. Identifying problems early on can also save property owners money and time by preventing more severe cases from developing. Deterioration in coastal environments is a progressive problem that will cost more to address as time passes. By addressing these problems, property owners can promote their buildings’ safety and structural integrity.

 

Cost Savings

Building inspections can provide property owners with significant cost savings in the long run by identifying potential issues early on. Often, structural engineers can find problems during an inspection that can be repaired immediately at a lower cost than if they were allowed to escalate into more significant issues.

For example, if a building inspector discovers a small leak in the roof, the property owner can have it repaired before it causes more extensive damage to the interior of the building. If left unattended, this leak could cause extensive water damage, resulting in costly repairs and possible damage to the building’s structure.

Inspectors may identify areas in the building that could be more energy-efficient. In this case, the property owner can upgrade the building’s insulation, HVAC, or lighting systems—leading to significant savings in energy costs and reducing the property owner’s overall operating expenses.

 

Experience and Expertise

Structural Workshop has extensive experience conducting building inspections. Our experienced engineers and inspectors work closely with clients to help them keep their buildings safeand well-maintained. Whether you are a property manager, building owner, or homeowner, we can help you navigate the complexity of building inspections. Please get in touch with us today to schedule a recertification or learn more about our services.

 



If your company needs marketing please contact our member
Jessica Vail
Vail Marketing Solutions
(908) 528.4087
www.vailmarketingsolutions.com

 

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HOA Parking Lot Flooded?    Now is the time to give  Allstate Resource Management a call!

HOA Parking Lot Flooded? Now is the time to give Allstate Resource Management a call!

Our schedule is filling up fast for storm drain cleanings, the rain that occurred this weekend was a preview of what most summers will look like for your HOA community.

Contact us to talk to a Stormwater Specialist today!

Contact us at 954-382-9766 or info@allstatemanagement.com

“Why does our HOA need a lake management company?”
Sometimes, aquatic management is viewed as a frivolous or unnecessary expense for a community. “My lake looks fine, why should I pay to have someone take care of it?”
Most people that live on lakes also see them differently than someone who maintains them. The difference is homeowners tend to look “at” the water, where as waterway managers look “in” the water. Too often people put off lake maintenance until they see a problem and weed populations have already become established.
As a property owner or property manager, it’s valuable to have a company that will respond to these unexpected outbreaks. Every lake matures differently, and it takes a combination of experience and expertise to maintain a healthy balance as changes occur.
Allstate Resource Management’s staff is always there to answer your questions and works to ensure excellent results in any lake management situation.

 

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A Differing Tale of Two Terminating Condominiums by Rembaum’s Association Roundup

A Differing Tale of Two Terminating Condominiums by Rembaum’s Association Roundup

A Differing Tale of Two Terminating Condominiums

Have an association related question?

Find your answer at RembaumsAssociationRoundup

An extremely similar fact pattern leads to diametrically opposed results between Florida’s Fourth District Court of Appeal and Florida’s Third District Court of Appeal.

In the case before the Fourth District Court of Appeal, Fellman v. Mission Viejo Condominium Association, Inc., Case No. 4D22-1260, (Fla. 4th DCA April 6, 2023), 175 of the 176 condominium units were acquired over time by a bulk owner, and the bulk owner sought termination of the condominium. However, Fellman as the single holdout objected to the plan of termination. At trial, the trial court entered a summary judgment in favor of terminating the condominium, which Fellman then appealed to the Fourth District Court of Appeal.

The Mission Viejo Declaration of Condominium was recorded in 1980 and required 100 percent consent of all unit owners as necessary to terminate the condominium form of ownership. Forty-one years later, on February 5, 2021, the bulk owner amended the required vote to terminate the condominium from 100 percent to 80 percent, using the general amendatory provision set out in the Declaration of Condominium, which required only 80 percent consent of the voting interests. Therefore, notwithstanding the original 100 percent requirement necessary to terminate the condominium, only 80 percent of the owners had to vote in favor of lowering the consent needed from 100 percent to 80 percent, which resulted in fully divesting Fellman of the right to object to the termination of the condominium.

Obviously, Fellman did not vote in favor of the amendment. Fellman argued that by allowing 80 percent of the unit owners to amend the otherwise required 100 percent consent of all owners to terminate the condominium, it fully eviscerated his right to object to the termination of the condominium and his voting rights—a right bestowed upon him when he purchased the unit. There are few things more sacrosanct than an owner’s right to vote. Nevertheless, neither the trial court nor the Fourth District Court of Appeal agreed.

While Fellman should have been able to rely on the 100 percent termination approval requirement as originally required in the declaration of condominium, the trial court believed that if the 100 percent requirement was to be protected from being amended with a lower percentage of voting interests, then the provision in the declaration of condominium should have clarified that it could only be amended by nothing less than 100 percent approval of the unit owners. Since it did not, the trial court found no issue with the bulk buyer eviscerating the 100 percent vote needed to terminate the condominium with 80 percent of the voting interests casting their vote in favor of the amendment.

Fast forward eleven months to March 13, 2024, when Florida’s Third District Court of Appeal, in Avila v. Biscayne 21 Condominium, Inc., Case No. 3D23-1616 (Fla. 3d DCA Mar. 13, 2024), noted that the provision in the Biscayne 21 Declaration of Condominium (requiring 100 percent of the voting interests to vote in favor of the termination could NOT be amended using the lower vote threshold needed to amend the declaration of condominium) was likely to prevail. As you will note, this decision diametrically opposes the outcome in the Fellman case. In this case, Avila sought a temporary injunction to stop the plan of termination. The trial court denied it. Avila appealed, and the Third District Court of Appeal agreed with Avila that Avila’s claim stood a substantial likelihood of success on the merits. The declaration of condominium at issue in the Avila case had an additional provision that required “100 percent approval for amendments that alter the voting power of unit owners.” However, it should be axiomatic that to obliterate an owner’s right to vote by terminating the condominium where the declaration had required 100 percent of the owners to vote in favor of termination could not be amended by a termination provision of anything less than 100 percent of the owners.

The Third District Court of Appeal commented that the change to the termination vote threshold materially altered the unit owners’ voting rights. By requiring a unanimous vote for termination, the declaration of condominium originally gave every unit owner an effective “veto” over any termination plan, which would be lost if the amendment adopted by using the general amendatory powers set out in the declaration of condominium were to stand. The Court even cited the Tropicana Condominium Association, Inc. v. Tropical Condominium , LLC, 208 So. 3d 755 (Fla. 3d DCA 2016), finding that nonunanimous amendments to a declaration reducing the vote threshold for termination of condominium could not be applied where the declaration expressly required the unanimous vote to amend the termination provision, and the amendment, if retroactively applied, would eviscerate the unit owners’ contractually bestowed veto rights.

In fact, Fellman also argued the Tropicana case to the trial court, which rejected the argument; and to add insult to injury, such decision was affirmed by the Fourth District Court of Appeal. So, in the world of inconsistent decisions, Fellman was denied by the Fourth District Court of Appeal the right to veto the plan of termination and is in process of potentially losing his unit, while the Avila court found his right to veto the plan of termination seemingly protected by the Third District Court of Appeal as evidenced by issuance of the temporary injunction in his favor. Unfortunately, even once the Avila case reaches a final judgment, and if in Avila’s case that decision is appealed and upheld by the Florida Supreme Court, Fellman still loses his right to veto the plan of termination as initially bestowed upon him and, even more unfortunately, will lose ownership of the unit.


Sign up for the upcoming courses.

November Board Member Certification Courses

  1. Condominium Nov. 13 – Click Here
  2. HOA Nov. 19 Daytime – Click Here
  3. HOA Nov. 21 Evening – Click Here

If you plan to enroll in any of the free courses above, please note the following:

All Board Members who attend must conduct their own webinar registration and, on the day of the webinar, log in/join in on their own, with their own unique link (or phone in information) provided by Zoom. This must take place even if you watch with other people. This assures you will appear on the attendance sheet, providing proof of attendance.

 

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Join us on Tuesday, November 12th at 12:00 PM for our Community Roundtable: Technology and Community Governance!

Join us on Tuesday, November 12th at 12:00 PM for our Community Roundtable: Technology and Community Governance!

Join us on Tuesday, November 12th at 12:00 PM for our Community Roundtable: Technology and Community Governance!

During this discussion, our panel of professionals consisting of Kerstin Henze, Esq. (KBR Legal), Frank Valdes (GetQuorum), and Dianne Skinner (Artemis Lifestyle Services) will cover various topics, including:

  • The importance of updating governing documents
  • Association Record and new Florida Statute requirements
  • How communities can leverage technology, like virtual meetings and electronic voting, for more efficient governance and more!

Enroll for the November 12th Discussion.

 

Join us on Tuesday, November 12th at 12:00 PM for our Community Roundtable: Technology and Community Governance!

During this discussion, our panel of experts consisting of Kerstin Henze (KBR Legal), Frank Valdes (GetQuorum), and Dianne Skinner (Artemis Lifestyle Services) will cover various topics, including:

  • The importance of updating governing documents
  • Association Record and new Florida Statute requirements

  • How communities can leverage technology, like virtual meetings and electronic voting, for more efficient governance and more!

Don’t miss out; register today!

 

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