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SFPMA Industry Articles | news, legal updates, events & education! 

Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

Pipe Restoration Solutions – Pipe Inspection Pipe Cleaning Pipe Lining and Pipe Replacement Company

Pipe Restoration Solutions – Pipe Inspection Pipe Cleaning Pipe Lining and Pipe Replacement Company

  • Posted: Apr 25, 2021
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Pipe Restoration Solutions – Pipe Inspection, Pipe Cleaning, Pipe Lining and Pipe Replacement Company

PRS is a State of Florida Certified Plumbing Contractor that specializes in full pipe restoration.

Whether it be sanitary sewer or storm, potable water, fire suppression or HVAC chiller lines, our goal is to provide solutions to the failing piping infrastructure utilizing the latest plumbing and trenchless technology available. We also carry a State of Florida Class “A” General Contractor’s license which sets us apart. This allows us to really understand and prepare to deal with accessing the failing pipe. If needed, we are bondable and carry a low bonding rate through our surety company.

No one wants to have a broken pipe during the Holiday Season!

Contact us today: Have your Pipes Inspected, Cleaned, Lined and Replaced to Avoid Problems 

We also proudly serve Naples, Miami, Ft. Lauderdale, Lee County, Pinellas County, Pasco County, Polk County, Hillsborough County and Charlotte County. We have local crews in all areas. Call Us Today!

 

Pipe Restoration Solutions – The Industry Experts
Call or contact “RonnieG” The Pipe Guy – Pipe Restoration Solutions today to schedule a consultation.
In Florida call Me Ronnie-G😎 “The Pipe Guy” Problem with a Pipe? Sewer, Storm, Potable Fresh Water, Call or Text Ron Giles at 561-602-8660 or email ronnieg@prspipe.com
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The New Order:  Broward County Emergency Order 21-01

The New Order:  Broward County Emergency Order 21-01

  • Posted: Apr 23, 2021
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Since March 2020, Florida’s Governor has issued a series of Emergency Orders designed to curb the spread of COVID-19, including Emergency Orders prohibiting certain
establishments from operating and imposing regulations on those establishments that were allowed to operate;

Read the New Order: 
Broward County Emergency Order 21-01

 

 

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CALL Alert: Limiting Liability for COVID-19; Criminalizing Inspections & Elections; Permitting Single Petition Property Tax Appeals

CALL Alert: Limiting Liability for COVID-19; Criminalizing Inspections & Elections; Permitting Single Petition Property Tax Appeals

  • Posted: Mar 30, 2021
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This week, we’re going to discuss a few bills that will impact all types of Florida community associations.

CS/HB 7 /SB 72 (Brandes) are bills which would protect “business entities” against COVID-19 related claims for damages, injury or death. These bills do include condominiums, cooperatives, and HOAs within the definition of a business entity. Given that most association policies have coverage exclusions for communicable diseases, these bills could help insulate associations from frivolous COVID-19 claims in the coming months or years.

In order to be eligible for this protection from civil liability, a defendant would have to show that it made a good faith effort to substantially comply with authoritative or government-issued health standards or guidance at the time the cause of action accrued. Most community association boards have wisely followed the advice of medical professionals such as the CDC, DOH, and local government health officials when crafting and enforcing COVID-19 safety protocols.

SB 1998 (Pizzo) would create a new Section 718.1285, F.S. outlining fraudulent voting activities which would subject violators to a potential felony charge in the third degree.

  • This bill would require boards to provide an itemized list to the individual requesting a document inspection, and require a sworn affidavit from the person handling the document inspection request regarding the veracity of the itemized list. Any director or manager who knowingly, willfully, and repeatedly violates these requirements would commit a misdemeanor of the second degree.
  • This bill would also require associations operating twenty-five (25) or more units to maintain a website on which their official records must be posted. Currently, associations operating 150 or more units must maintain an association website for this purpose so, if passed, this bill will require thousands more Florida communities to set up websites.
  • SB 1998 would permit a condominium association to file a single joint petition for a tax appeal and makes the use of a debit card a theft even if done so by mistake.

Conducting elections and overseeing document inspection requests are two areas where deadlines can easily be missed and mistakes made. Even without the penalties imposed by a bill like SB 1998, it is important that boards and managers have comprehensive election and inspection protocols and policies in place. Reaching out for guidance from your legal team is also advisable.

Lastly, HB 649 (Fernandez & Barquin)/SB 996 (Garcia) would also allow condominium and cooperative associations to file a single joint petition on behalf of their unit owners with the value adjustment board to appeal property taxes. Unit owners could opt out but they would have to do so within fourteen (14) days from receipt of the association’s notice or they will be included in the association’s petition.

RESOURCES

Please continue to utilize our Bill Tracker which is updated weekly thanks to Becker attorney Maritrini Soto Garcia. This tool allows you to review all of the bills CALL is tracking and see where they’re headed.

Please also use our Legislator Connect tool to contact your representatives as well as the Committee Members hearing these bills. Please do not underestimate your ability to make a difference in terms of which bills pass and which are defeated.

ICYMI: Make Your Documents Work For You

Curious about amending your documents to get ahead of the annual legislative changes? Check out Make Your Documents Work For You. My partners – Ken Direktor, Joe Adams – and I discussed what changes you should consider, how to increase your likelihood of getting your amendments passed, and what to expect in terms of costs and timelines. Click here to watch the replay!

DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

Donna DiMaggio Berger is a member of the College of Community Association Lawyers (CCAL), a prestigious national organization that acknowledges community association attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. Ms. Berger is also one of only 129 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

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ARE YOU SURE YOU CAN SCREEN EVERYONE WHO LIVES IN THE HOUSE?

ARE YOU SURE YOU CAN SCREEN EVERYONE WHO LIVES IN THE HOUSE?

  • Posted: Mar 30, 2021
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ARE YOU SURE YOU CAN SCREEN EVERYONE WHO LIVES IN THE HOUSE?

Glazer & Sachs, P.A.

I often times get phone calls from board members who are upset about the fact that some new owner went through the screening process, filled out the application, paid the fee and showed up for an interview. But it turns out that there are more people living in the unit than expected and none of them went through the screening process!  After all, doesn’t everybody who is going to live in the unit have to be screened and approved, except for children?

The screening, approval and denial process is often times complex.  As I always say, some boards think they have an inherent right to screen, approve and reject potential buyers and renters, simply because they are the board of directors.  They are wrong.

The ability to screen, approve and reject needs to be specifically granted to the Board of Directors in the governing documents.  For the sake of this discussion, let’s assume the docs have language that allows the board to screen, approve and reject potential buyers of a unit. Now, let’s assume that the buyer passes the background check with flying colors and is welcomed into the community.  A few days later, that buyer brings in her boyfriend, parents, nieces and nephews.  Do they have to be screened and approved?

In my nearly 30 years of practice, it is extremely rare that I find provisions of a declaration that would require everyone to be screened.  At best, the documents allow the “buyer” to be screened and approved.  In addition, there is always language in a declaration that basically says: “the unit is to be used as a single family residence by the owner, his or her family members, invitees and social guests.”  Reading all these provisions together, it is clear that once that buyer is approved, that buyer can bring in their family and guests into the condominium or HOA without any of them going through the screening and approval process. That’s right, a guy like Charles Manson may have just slipped through the cracks because your documents were not up to par.

And forget any argument that there really is not a “family” living in the unit when the occupants are unrelated.  The definition of “family” is broadly defined and really includes almost any people that are simply living together.

So, the tip for the day is……..if you want to ensure that every occupant who will be living in the home or unit is screened and approved, be clear and unambiguous about it in your governing documents.

Review your governing documents carefully and make sure they say what you think they say or want them to say.  And to be safe, get the advice of your association’s counsel so you don’t get sued for trying to kick someone out that has every right to stay.

 

Board Member Mistakes: How to Avoid Them

Board Member Mistakes: How to Avoid Them

  • Posted: Mar 30, 2021
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Board Member Mistakes: How to Avoid Them

Community association boards are bound to face many difficult decisions in the course of their work. Conflicts between individual owners and the board, financial hardships, unexpected disasters: there are many points where decisions need to be made, and a good board want to make choices that will benefit the entire community, not just a few owners or influential board members. When an HOA board gets it wrong, it can take time and hard work to build back trust and community commitment.

Here are a few examples of mistakes that community association boards can make, and some tips on how to avoid them in your board.

1. Inaction on important issues

Whether it’s refusing to take action against a board member who committed a wrong, or ignoring a troubling budget issue on the horizon, it’s never a good idea for a board to put off taking action. Serious issues won’t just resolve themselves, and odds are that the board will find itself dealing with the same issue in the future. It might also snowball into a worse problem.

Not only does inaction risk a larger problem down the road, it sets a bad precedent for community members and future board members. To avoid this mistake:

  • Recognize issues that are serious or might become serious.
  • Don’t be afraid to take action against any owner or board member if it’s really necessary, no matter how important or vocal they are.
  • If the board can’t come to an agreement about a difficult decision, don’t just abandon it. Call in outside experts and stick with it until something is done.

2. Making policy exceptions for just one or two owners

if your board makes a hasty decision that benefits just one or two community members, it could come back to hurt the entire association in the future. Not only can those decisions be called into question by new boards in the future, they may often be made without proper documentation, budget changes, or policy changes.

While you might genuinely want to help a community member who’s in a tough spot, you need to take a step back and look at what is best for the association as a whole. In the example cited above, waiving fees for members who were hit by a natural disaster caused a budget shortfall for the HOA, and created a tangle of legal and policy issues for a new board. To avoid this mistake:

  • Consider any individual’s request in the context of the association as a whole.
  • Look at existing policies for ways to help them that don’t require special treatment.
  • If you do decide to change policies or make an exception, definitely be sure to document everything in meeting minutes and memos so that future boards are less likely to retaliate.

3. Being “penny wise and pound foolish”

Many community association board mistakes revolve around budgeting, a challenging issue for any board. It can be very tempting to defer maintenance, make inexpensive choices when having work done, or make other decisions intended to reduce expenses. But putting off maintenance now can lead to larger, more costly issues down the line. Doing “band-aid” repairs or maintenance rather than investing in upgrades can also end up costing more over time.

To make good financial choices while staying within the association’s budget:

  • Look at the long-term impact of any maintenance issue that you want to delay – what will it cost if the system breaks in a few months?
  • If you’re considering a “band-aid” type of repair, price out the cost of several such repairs compared to the cost of doing a full repair or replacement.
  • Consider increasing assessments or implementing a special assessment to make necessary repairs and perform maintenance.

To avoid these and other community association board mistakes, consider using a property management company who can improve board decision-making and communication

 

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HOA Income Statements

HOA Income Statements

  • Posted: Mar 30, 2021
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HOA Income Statements

Unlike a balance sheet which shows a quick snapshot of HOA finances at a certain point, the income statement shows financial information over a period of time. Usually, the period of time is the rate at which you prepare your financial documents whether it be monthly, quarterly, or annually.

The income statement is considered the most important document within the financial statement because it shows the financial direction, whether that be positive or negative, of the community association.

 

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What Information Should Be Included

There are four items that should be included in an income statement:

  1. Gross profit
  2. Operational expenses
  3. Gains and losses unrelated to operational costs
  4. Net income

Gross profit is all the money that was made over the time period. If you submit financial documents monthly, it should be all the funds raised within that month. That should include any dues, fees, charges, or donations collected.

Operational expenses would be regular fees such as property maintenance, pool cleaning, landscaping, etc. Anything that is a recurring charge necessary to keep the community up and running.

All other one-time expenses would fall under the Gains and Losses category. Because the income statement shows finances over a certain period of time, any extra expenses need to be reported. If the community playground needed new mulch in March, that expense should appear in that month’s income statement, even if it means the association did not make as much money in March on paper.

Net income is the result of taking gross profit and subtracting all expenses for the period. This is the magic number that the entire report is based on. If your report comes out showing a positive net income, then your association did well and you can put some money in the reserves. If your net profit came out negative, then you should take a deeper look into your finances and see where improvements can be made.

 

Be as Detailed as Possible

All categories should be broken down to be as detailed as possible. For example, gross profit should be broken down between dues, fees, and any other source of income for that time period. Operational expenses should be broken down into landscaping, pool cleaning, etc. The more detail included in any financial document, the more insight it will give to the association board of directors leading to better decision making and financial planning.

 

Ask the Experts

If you are still unsure about how to create a proper income statement, contact the professionals at CSM. We have years of experience working with HOAs from around the United States. With a wide variety of services, our goal is to give community associations all the tools and technology they need to be financially successful, while at the same time still allowing them to remain independent.

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Slow Your Roll: How to Address Speeding Issues in Your Association

Slow Your Roll: How to Address Speeding Issues in Your Association

  • Posted: Mar 22, 2021
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Speeding is a big problem for many community associations — a problem that is not always easily addressed or corrected. How can your board slow the speed of traffic in your community?

by Jennifer Horan

If your association does not currently have traffic rules, you may be able to rely on a nuisance provision in your Declaration. Alternatively, if your board has the authority to adopt rules and regulations regarding the common areas, the board can adopt traffic rules at a duly noticed board meeting. To enforce the rules, the association has a variety of enforcement tools available, including sending warning letters, notices of violation, fining, suspension of use rights, or further legal action.

Fining is the most common “enforcement tool” that is utilized to curb speeding, for associations who monitor speeding. Fining is most effective when pursued against owners/residents in the community. It is more difficult for an association to pursue fines against visitors, guests, invitees, or contractors who speed. So, for the most part, most associations that pursue fines for speeding opt to only pursue fines against owners/residents who speed. Anytime an association intends to fine an owner or resident, the process and procedures for fining must comply with the statute. Therefore, it would require the board to establish a fining committee (if your community does not already have a committee in place). Notice must be provided to the owner or resident of the violation and the owner or resident must be provided with an opportunity to be heard in front of a fining committee.

For those communities who do not want to impose fines, there are a variety of other enforcement tools available, including sending warning letters, notices of violation, suspension of use rights, or further legal action (such as seeking injunctive relief). When it comes to either fining or the suspension of use rights the association must follow the statutory procedure described above. An additional method of enforcement would be through an agreement with the county which would authorize a local law enforcement agency to enforce state traffic laws on the association’s private roads. Section 316.006, Florida Statutes, authorizes local law enforcement agencies to enforce state traffic laws on the private roads of associations pursuant to an agreement between the association and law enforcement. It requires a majority vote of the board of directors of a homeowners’ association to elect to have state traffic laws enforced by local law enforcement agencies on private roads that are controlled by the association.

There are other practical concerns with regard to enforcement against speeders, most notably, evidence of speeding. How can your board of directors “prove” that a vehicle is speeding? Depending on the speed of the vehicle, it could be established simply by the testimony of the person who saw the car speeding. Some communities have purchased equipment that monitors speed and that can also take photos or videos of the speeding vehicle. If your community is considering purchasing a speed gun, it should be noted that there is an administrative rule that deals with “speed measuring devices”. This rule provides that evidence of the speed of a vehicle measured by a radar speed measuring device is inadmissible in “any proceeding with respect to an alleged violation of provisions of law regulating lawful speed of vehicles” unless such evidence of speed is obtained by a law enforcement officer who meets certain requirements, including the satisfactory completion of certain training courses. The rule also requires a visual determination that the vehicle was speeding and a written citation based on evidence obtained from an approved speed measure device. Also, the particular speed measuring device must meet specifications and must be tested in accordance with other procedural rules related to the testing of speed measuring devices.
Slowing traffic helps promote a more relaxed residential environment and as you can see there are various options available. An association need not choose one however to the exclusion of all others. The key is be consistent and properly apply the various options chosen.

 

Jennifer Horan

Jennifer Horan
Jennifer Horan focuses her practice on all aspects of condominium and homeowners’ association law. She has over 12 years of community association law and general litigation experience. In addition to practicing law with a number of Florida-based firms, Jennifer also spent time as a Senior Attorney with the State of Florida Department of Health. Here, day-to-day legal services were provided to seven county health departments and children’s medical services. State contracts were drafted, reviewed and approved while she oversaw and directed EEOC investigations. Prior to her legal career, she acted as the Head of Special Education at Richardson Independent Schools in Dallas, Texas.

 

 

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Join Us Online For A FREE Educational Webinar: 10 Natural Management Solutions for Your Waterbody Wednesday, March 24 @ 2:00 pm (EDT)

Join Us Online For A FREE Educational Webinar: 10 Natural Management Solutions for Your Waterbody Wednesday, March 24 @ 2:00 pm (EDT)

  • Posted: Mar 22, 2021
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10 Natural Management Solutions for Your Waterbody

Wednesday, March 24 @ 2:00 pm (EDT)

We’re only 2 days away! During this much-anticipated webinar, our experts will explore our top 10 natural management techniques and discuss how the right combination of natural solutions can help transform your waterbody.

 

Don’t wait! Register today and start nurturing your waterbody with all-natural solutions that will enhance your lake and pond for years to come.


Registration Is Free. Spots Are Limited. Register Today!

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BIG NEWS ABOUT Glazer and Sachs & Condo Craze and HOAs BLOG – View our new Website!

BIG NEWS ABOUT Glazer and Sachs & Condo Craze and HOAs BLOG – View our new Website!

  • Posted: Mar 22, 2021
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BIG NEWS ABOUT MY BLOGS! by Eric Glazer of Glazer & Sachs

As you know, I have been writing a blog 50 times per year for the last 10 years. That’s over 500 columns that have spoken about virtually every aspect of community association living. Our readers love it. The only complaint about the blog was that it was not searchable by topic. It was difficult to find a specific blog about a specific topic. Not any more!  From now on, by going to either the website for Glazer and Sachs,

Or, by going to the website for Condo Craze and HOAs, you can click on our BLOG link –type a few key words in the search bar- and find a blog about a topic of your choice. You also still have the option to scroll through all our blogs in chronological order.

It’s just another way our firm tries to make the law accessible and enjoyable to everyone with an interest in community association law, whether you’re a Board member, owner, manager or service provider. We hope you enjoy reading them half as much as we enjoy writing them.

 

View our New Website

 

 

 

 

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