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Published July 7, 2021
As they say…hindsight is 20/20. The tragedy in Surfside rips your guts out. I had to go there and see it for myself. I did. I then walked over to the memorial and saw pictures of the victims, including little kids, entire families and you wonder how anything like this could have possibly happened. Immediately you want to blame someone. You want justice. You want someone to pay for what happened here. It’s only natural to feel that way. But we need to try to calm down and think this out rationally.
It all starts with the fact that there has NEVER been a building collapse like this that anyone is aware of, not only in Florida, but anywhere in the entire country. Think about that. This has never happened before. There is no precedence for this disaster. Did the Board members have engineering reports warning them that the concrete would deteriorate exponentially if not replaced? Yes they did. Were they told the building would collapse if they don’t immediately fix it? No, they weren’t. In fact, it appears that the Chief Building Official in Surfside actually attended a board meeting and told the community that the building was fine and not in any danger.
The Board no doubt figured that this massive project needs an intense amount of planning. The association needs to apply for a loan. The board needs to prepare for a special assessment. Engineers need to prepare a bid package. The right contractor has to be chosen. This does not happen overnight and it appears that the Board accomplished almost all of these things. Those of you who live in condominiums also know that those board members must have also been fighting intense pressure from many unit owners not to pass a $15,000,000.00 special assessment in the middle of the COVID pandemic no less! While I’m sure the Board members knew that the more time it takes, the more damage would occur and additional repairs would be needed, none of them thought for a moment that delay would result in the collapse of the building. If they did, some of them wouldn’t have been there when the building collapsed. Had the Board members been told by professionals that this building could collapse, then I would change my tune. But there is no evidence that they were told.
Going forward, rest assured that from now on when an engineer inspects a condominium building and observes concrete spalling, the report will indicate that the building may collapse if not repaired promptly. There is nothing to lose by placing that in a report from now on, but perhaps a lot to lose if you fail to place that in a report.
We tend to forget that the average Joe or Sally on a Board of Directors is not an engineer, general contractor or condominium or construction attorney. Many of them have no experience whatsoever in how buildings are constructed and maintained. All they can do is rely on what their experts are telling them. I don’t see any experts telling this board at the Champlain Towers South that this building may collapse. How then can they be expected to know that it would?
Again, this tragedy provokes an automatic impulse in all of us that somebody must be held accountable here. Somebody must pay. Some have even called for criminal prosecution of the Board. As many of you know, being a board member is a thankless job. On your best day, you are harassed, yelled and cursed at, and always second guessed. It’s hard enough to get volunteers to serve on the Board. If you are going to hold directors individually or criminally liable when accidents happen, even tragic accidents, that have never before happened anywhere in any building you are headed down a very dangerous path where it would not make sense for anyone to take the thankless board member position out of fear of losing their money or even their liberty. You would have to be nuts to volunteer.
So while we all want some justice here and some answers, I urge everyone to take the focus off of the Board for a moment. They are too easy a target and should not be made the scapegoat here. Maybe we need to ask why buildings on the ocean don’t have to pass an annual inspection every year by the county or municipality. Maybe we need to ask if there should be stricter scrutiny of buildings built before massive changes to the South Florida Building Code were made after Hurricane Andrew, like the Champlain Towers South. Maybe we need to ask why municipalities are now asking their Building Departments to inspect tall buildings, but never required it previously. Maybe we need to find out why the elevators have to pass an annual inspection but not the structure of the building itself. Maybe we need to find out why the first time a building gets inspected is at the 40 year recertification requirement and why that is only a requirement in Miami-Dade and Broward Counties. If you want to find someone or something to blame for this catastrophe, this is where I would start.
Tags: Condo and HOA, Condo and HOA Laws, Management News
SARASOTA, FLORIDA / JULY 1st, 2021
AKWA Technologies (www.AKWAtek.com) signed a partnership agreement with Smart Water Protection, based in Sarasota.
Smart Water Protection (www.smartwaterprotection.com) is first in the US market with the AKWA Technologies Water Alarm system and will focus on the condominium and multi-residential building markets in Florida. Owners Dennis McSweeney and his partner have a strong background in commercial risk management and years of experience in the water restoration / remediation industries.
The system, designed to prevent and detect water leaks, offers industry-leading features such as automatic shut-off valve, multi-type sensors and a unique dashboard to manage multiple properties.
McSweeney said: “Loss trends show non-weather-related water damage is the fastest growing exposure both in frequency and severity, according to the insurance industry. Stopping water flow immediately is the key to limiting the cost of the damage. Insurance companies may soon start requiring such systems in high-rise buildings.” He added: “The challenge in the market is to get the attention of property managers and condominium / building owners to the risks of water damage before disasters strike. AKWA Technologies brings a state-of-the-art, IoT solution that every condominium association should be considering.”
ABOUT AKWA TECHNOLOGIES
AKWA Technologies, a brand of AKWA Technologies Solutions inc. (www.AKWAtek.com) is a leader in Water Alarm systems! Our mission is to prevent property damage caused by water leaks through a smart, reliable alarm system that can be adapted to different building configurations. With our centralized management dashboard, AKWA Concierge, this solution is ideal for multi-residential, condominium or commercial properties of all sizes.
Our company is committed to on-going market development for this technology with new partners in North America and other countries based on the system’s highly customizable features and flexibility to meet the needs of different markets.
CONTACTS:
AKWA Technologies Solutions inc.
Valérie Mélignon
Executive Director, Strategic Alliances
941.726.7806
valerie@AKWAtek.com
Smart Water Protection
Dennis McSweeney
President
941.350.1227
dmcsweeney.swp@gmail.com
The DGR Coalition aspires to foster and strengthen diversity, equity, and inclusion among entities that influence local, state, and federal policy through data collection, strategic communications, and stakeholder engagement. This pledge is part of its greater non-partisan efforts to “put forth evidence-based best practices that govern our actions…throughout the field.”
The Diversity in Government Relations Coalition Industry Pledge, a first-of-its-kind in the government relations industry, reads:
“We commit to increasing understanding of diversity, equity, and inclusion (DEI) and its impact on the government relations field; intentionally addressing the gaps in diverse representation of our staff and our leadership teams that influence local, state, federal and international policy; and exploring the unintended consequences that result from policy and advocacy that lack diverse representation, voice, and perspective.”
“Becker is delighted to align ourselves with the Coalition’s goal of creating an equitable, inclusive future,” said Omar Franco, leader of the firm’s Federal Lobbying practice and the firm’s designee to sign the pledge. “The firm and, in particular, its Government Law & Lobbying team have long understood the importance of having all voices represented in our ranks; signing this pledge is yet another way we can be a proactive part of the conversation.”
Becker is also a member of the Law Firm Antiracism Alliance (LFAA), a partnership of over 285 law firms committed to racial equality. The LFAA’s mission is to collaborate with racial justice legal service organizations and law firms’ pro bono teams to confront the root cause of racism.
For further samples of Becker’s commitment to diversity and inclusion, please view the perspectives below:
Becker’s Government Law & Lobbying practice counts its racial, ethnic, gender and political diversity as an integral part of its formula for success. The team believes its diversity provides clients with the distinct advantage of collaborating with an array of state and federal legislators and local government officials from both sides of the aisle, as well as the various caucuses. To learn more about the Government Law & Lobbying practice, please click here.
For more information about the DGR Coalition and how to participate in its Industry Pledge, please click here.
Tags: Legal and Lobbing
We were hired to inspect, clean, and document the underground storm utilities and structures for 12 commercial office buildings and 6 retention ponds on a large stretch of land on International Drive. Having crews in Miami and Orlando has me excited about the future!
SOUTH FLORIDA COMMERCIAL PLUMBING CONTRACTORS
GreenTeam Service Corp. is a professional and reliable commercial plumbing contractor, providing timely service for commercial buildings including Class-A office buildings, industrial properties and healthcare facilities throughout South Florida. GreenTeam’s number one focus is customer experience
We live by the words: Exceptional service. No exceptions.
Providing off-the-chart service is more than just a motto at GreenTeam Service Corp. We hold each other accountable and never quit until we know we’ve done a quality job for each and every client we come into contact with. Put GreenTeam’s unending dedication to service into play for your next plumbing project. You’ll be glad you did!
HEALTHCARE | CLASS-A OFFICE | INSTITUTIONAL
INDUSTRIAL | HOA | HOSPITALITY | GOVERNMENT

Tags: Plumbing Articles
water flow and lake/pond health.

This property is a collection of suburban residential homes surrounding a golf course located at the northern tip of the Everglades. Due to seasonal flooding in this region, land development requires stormwater collection and flood control systems mandated by several drainage district government entities. This property has a series of interconnected lakes and ponds to collect and move floodwaters into discharge canals that eventually lead out to the Atlantic Ocean. Water flows into the site from other areas, including agricultural lands to the west. The lakes and ponds at the property provide important habitats to migratory and wading bird populations.

ProcellaCOR was used to eradicate invasive floating heart in two ponds. ProcellaCOR is a new herbicide technology that can be used for the selective control of some of our nation’s most invasive and recurring aquatic weeds. Leveraging new mechanisms to specifically target the unique growth processes of these undesirable species, ProcellaCOR helps property owners achieve long-term control of the following aquatic plants without the need for costly re-application. The product’s premium low dosing features allow for a 100-1000x reduction (compared to other aquatic herbicides) in the active ingredient necessary to eradicate the invasive and noxious aquatic weeds responsible for degrading the health and use of waterbodies. These superior results are paired with a Reduced Risk classification by the EPA, meaning it can be applied to lakes and ponds without impacting the native plants you enjoy or interfering with recreation.

In 2017, project managers observed a new species of aquatic invasive – Nymphoides cristata, commonly called floating hearts – a CATEGORY I on the Florida Exotic Pest Plant Council’s (FLEPPC) 2017 List of Invasive Plant Species. Nymphoides have become established in South Florida surface waters after escaping from the ornamental plant trade. It has small heart-shaped leaves that float on the water’s surface while the roots grow into the hydrosoil. It is presumed that Nymphoides were introduced into the property by inflowing surface water from adjacent drainage canals.
Repeated attempts were made to control Nymphoides by carefully applying systemic herbicides that were already being used to treat other aquatics found on the property. The results of these treatments were unsuccessful. Next, a foliar contact herbicide was used to treat the plant on the water surface; however, it did nothing to the submersed portion, which continued growing.

In 2018, a new solution called ProcellaCOR became available. SOLitude began a test study in two ponds on the property with Nymphoides where previous control had not been successful. This alternative solution has several useful features (environmental and cost-effective) that made it a good choice for this problematic aquatic plant: 1) Its unique formulation targets a hormone in certain plants, Nymphoides being one of those, without affecting other native aquatic plants. 2) Application only needs to be done in the areas where the plant is physically growing, not the entire pond.
The ponds selected on the property for this test study were chosen for their similar size, the amount of Nymphoides present in the water (60 – 70% coverage), and location. Pond A is located farthest away from any surface water canal inflow. Pond B is located closest (40 feet) to the inflow surface water canal from the west. Water from Pond A is used to irrigate residential lawns. Pond B is not used for irrigation.

Efficacy was visible on plants within days of application, and complete control was established about three weeks later in both ponds. Regrowth of Nymphoides was not observed for approximately 8 months in Pond A and 10 months in Pond B. There were no incidents of issues using irrigation water from Pond A. Current treatment methods include the use of ProcellaCOR as needed to treat all waterbodies on the property with 100% control of Nymphoides.
When a condominium, cooperative, or HOA homeowner doesn’t pay fees and assessments owed to the condominium association, cooperative, or HOA on time, a problem is created for both the association and the homeowner. Associations are forced to act against the homeowner. Homeowners risk losing their homes. It all seems so unfair, doesn’t it?
Axela Technologies brings order to the chaos and a solution to the problem. Condominium Associations, Cooperatives, and HOAs can count on Axela Technologies to deal fairly with the debtor and assist them in getting caught up with their delinquent fees and assessments. Homeowners have a far better shot of getting themselves back in good financial standing without suffering the consequences of severe legal bills and expenses created when the matter is referred to an attorney.
Axela Technologies is a full-service debt collection agency using modern technology to solve an age-old problem. When home or unit owners stop paying their fees in a timely fashion, the whole association suffers. That just isn’t fair to all of the other homeowners who do pay on time!

Turning the matter over to an attorney conveys to the homeowner how serious their delinquency is. However, it isn’t necessarily the best decision because the attorney does not collect dues/fees. If delinquent payments stem from the homeowner’s financial difficulties, placing a lien on the property hinders the homeowner from selling the property for debt repayment. Buyers will want the lien paid off before closing, and banks are often unwilling to refinance a mortgage or provide a new loan to the owner until the lien is satisfied.
This scenario ultimately impedes the Community association from their goal of collecting delinquencies. Attorneys are useful and necessary but only if all other methods of collections have failed. The attorney will bill the association for their services. Again, the homeowners who do pay on time may be stuck paying that bill, too. That doesn’t seem very fair, does it?

Axela Technologies not only collects the association’s money, but we perform on a merit-based system. In other words, if we don’t collect from the delinquent home or unit owner, we don’t get paid. Our interests are firmly aligned with the interests of the association.
You might be wondering how we can make such a bold claim and wonder how we get paid for our collection services. Because we specialize in association collections and employ a great deal of technology to assist in our collection efforts, we have become particularly good at what we do. We have reasonable fees that we pass along to the delinquent home or unit owner. We collect our fees from the delinquent owner. It is efficient and effective and, most importantly, FAIR!

We typically clear up 95% or more of all delinquencies BEFORE the matter needs to be turned over to an attorney for foreclosure. We view foreclosure as the end result of a home or unit owner who simply wouldn’t respond to reason over the course of our collection efforts.
I know this sounds too good to be true but it isn’t! Kindly email, call, or schedule a Zoom conference with a member of Axela Technologies business development team so we can take a closer look at your association’s needs and offer a modern solution for your consideration. After all, Fair is Fair!
Tags: Board of Directors, Collections, Management News
Mr. Maus is a Florida native practicing law in South Florida since 1993. He currently limits his practice to the areas of insurance related claims – personal injury and homeowner property damage claims and commercial litigation. Mr. Maus has tried over 60 jury trials to verdict and has litigated claims throughout Florida.

Published June 28, 2021
I was lucky enough to be on vacation the past two weeks. On my last day, I woke up to the tragedy that was unfolding in Dade County as the Champlain Towers South Condominium came crashing down in Surfside. There are still over 150 people missing or unaccounted for. Before commenting on this devastation that will no doubt change the way Boards and counties and municipalities inspect condominiums going forward, let’s start by feeling terrible for the victims and families of this tragedy. My heart truly goes out to them.
I’ve seen a lot of strange things happen in my legal career. I’ve seen owners spray their unit with ammunition from an AK-47. I’ve seen unit owners throw contents of an entire apartment over their 20 story balcony from roid rage, I’ve seen owners store dangerous toxic chemicals in their unit. But, you know what I have never seen………..a building like the Champlain Towers simply collapse. Sorry, I’ve never seen that before. We have all seen buildings that collapsed after a terrorist attack and buildings that were destroyed by a hurricane. But I don’t believe we have seen anything quite like what happened here.
So…….what the hell really happened?
Apparently, an Engineer gave the Board of Directors a report in October of 2018 that found “failed waterproofing is causing major damage to the concrete slab. Failure to replace the waterproofing in the near future will cause the extent of the concrete deterioration to expand exponentially.” The engineer recommended a very expensive but necessary process to correct this. In the garage, there was evidence of cracking and spalling in the concrete columns, beams and walls —- with exposed rebar. “Most of the concrete needs to be repaired in a timely fashion. Clearly, the Board knew about structural defects that needed repair. The question is, did those necessary repairs go unanswered and if so, was that the cause of this tragedy. I am not blaming anyone for anything. However, the lawyer in me tells me that buildings don’t just simply fall down without any warning signs whatsoever. . But here is what I want to know and see:
The results of reviewing these documents are crucial for several reasons and may lead to a need to review additional documentation.
In addition to their unit, many people at Champlain Towers South lost every piece of personal property they owned. They lost all of their furniture, appliances, electronics, clothing, jewelry etc… If they did not have an HO-6 insurance policy, the only way they can get reimbursed for their loss is by proving negligence against the association. The above documents will be crucial in knowing whether or not there was or was not negligence here. If there was, owners can sue the association for damages . If there wasn’t, the owners suffered a total loss without a chance for recovering damages for their personal property. And by the way…….just because the building exploded and people died does not relieve any of these owners from having to continue to pay their mortgages while now having to find a new home. It is a tragedy on many levels.
As many of you know, in both Miami-Dade and Broward County, condominiums are required to undergo a 40 certification process whereby an engineer must attest that the building is structurally safe and electrically safe. If you can believe it, it appears that the Carlisle was in its 40th year. Apparently, there was a demand for certification by the county.
It would not surprise me if we see a change going forward, reducing the 40 year certification to 30 years or even less. I think engineers are about to be busy. I don’t think anyone in condominium buildings will ever turn a blind eye to cracks in the concrete that is so often done.
I pray for the families that have suffered a loss and/or still don’t know for sure if a loved one is among the rubble. I also pray that the Boards of Directors of every condominium understand the immense power they have to potentially save lives by making sure the property is always safe and sound. Too many times you hear about not being able to afford necessary repairs. Too many times the can is kicked down the road. The reserves are waived for the umpteenth year again and again and again. I’m not saying that this definitely happened here at the Champlain Towers. I am saying what I said at the top: buildings just don’t fall down. But every board everywhere has the solemn obligation to make sure something like this never happens again.
