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Mortgage rates begin 2021 at a place no one would have believed a year ago | SFPMA

Mortgage rates begin 2021 at a place no one would have believed a year ago | SFPMA

Mortgage rates begin 2021 at a place no one would have believed a year ago

Ethan Rotberg

An unbelievable year for home borrowers has ended with mortgage rates lingering just a notch above their latest all-time low — which was the 16th set during 2020, according to a popular survey.

“All eyes have been on mortgage rates this year, especially the 30-year fixed-rate, which has dropped more than 1 percentage point over the last 12 months,” says Sam Khater, chief economist at Freddie Mac, the mortgage giant that has been tracking rates for nearly 50 years.

The new year has begun with jaw-dropping rates helping homebuyers beat rising housing prices, and allowing homeowners to refinance and save thousands of dollars a year.

 

Mortgage rates ticked up slightly last week to 2.67% for a 30-year fixed-rate home loan, from the record-low 2.66% a week earlier, Freddie Mac said on Thursday.

One year ago, 30-year mortgages were averaging 3.72% — which seems almost astronomically high compared to today’s rates.

“[It] was a fitting conclusion to a year that has seen mortgage rates plunge to levels that seemed unfathomable a few years ago,” says Matthew Speakman, an economist with Zillow. “But as a new year is set to begin, some notable upward risks to mortgage rates loom.”

Though the newly passed COVID-19 relief bill had been expected for months, Speakman says the possibility of even more fiscal relief, along with important Senate runoff elections in Georgia, could prompt sharper movements in rates going forward.

 

 

Freddie Mac is forecasting stronger economic growth in the new year, which could push rates away from their historic lows of 2020. In its latest forecast, the company predicts mortgage rates will rise to an average 3% in 2021.

But, before that happens, homeowners have time to capitalize on rock-bottom rates by refinancing.

More than 19 million mortgage holders still haven’t gotten in on the action, says mortgage technology and data provider Black Knight. Those borrowers could save an average $308 per month by refinancing now.

A good refi candidate — with a solid credit score and at least 20% home equity — may want to lock in an ultra-low rate while those are available.

If rates should pop unexpectedly, you’ll need to find other ways to reduce your housing costs. For example, you could comparison shop when you buy or renew your homeowners insurance, and potentially save hundreds of dollars on your coverage.

 

With mortgage rates so low, Americans hoping to buy a home in 2021 are in a good position.

“The steep rise in home prices during the second half of 2020 was muted by mortgage rates,” says Realtor.com’s senior economist George Ratiu.

But the forecast is a bit cloudy, and Ratiu expects first-time buyers will eventually find it challenging to get a good deal on a loan while COVID cases are surging, unemployment is high and home affordability is shrinking. Like homeowners, buyers also must shop around to find the best mortgage deal.

Rates on other popular types of home loans dropped last week, the Freddie Mac survey shows.

The average for a 15-year fixed-rate mortgage fell to a record-low 2.17%, down from 2.19% the previous week, and nearly a full percentage point lower than a year ago, when the average was 3.16%.

For 5/1 adjustable-rate mortgages, or ARMs, the average decreased from 2.79% to 2.71% — far below the year-ago average of 3.46%.

 

Learn more about helping Condo, HOA Financing from our Banking and Finance Members of SFPMA

 

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With all the Rent, Evictions issues we are facing we thought you should remember the Foreclosure Act of 2009 and the Florida Residential Landlord and Tenant Act. by Kaye Bender Rembaum

With all the Rent, Evictions issues we are facing we thought you should remember the Foreclosure Act of 2009 and the Florida Residential Landlord and Tenant Act. by Kaye Bender Rembaum

  • Posted: Dec 31, 2020
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Protecting Tenants at Foreclosure Act of 2009 – Resurrected and Here to Stay

Posted by   Kaye Bender Rembaum

On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing.

The federal law was known as “Protecting Tenants at Foreclosure Act of 2009”. It generally provided that a bona fide tenant was authorized to remain in a residential unit that was acquired by a new party through foreclosure for the balance of the unexpired term of the lease, unless the unit was acquired by a party that intended to occupy the unit, in which case the tenant was authorized to remain in the unit for ninety days after receiving a notice to vacate.

For purposes of the federal law, a “bona fide tenant” was a tenant who was not the mortgagor or the parent, spouse, or child of the mortgagor and who was under a lease that was the result of an arms-length transaction where rent was not substantially lower than fair market value.

The federal law assured that residential tenants would have a reasonable amount of time to plan and find alternative housing after the unit they were renting was foreclosed and acquired by a new party. However, it also assisted community associations in finding desirable tenants to rent units they owned through the foreclosure of the association’s assessment lien for a fair market value, which then helped the association recoup unpaid assessments and bad debt otherwise attributable to the unit.

The protections of the federal law were intended to “sunset”, which is a term meaning ”to expire”, on December 31, 2012. However, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) later extended the sunset date to December 31, 2014. Once the federal law finally expired on January 1, 2015, tenants of residential property in Florida no longer had any special protection from eviction by parties acquiring such units by foreclosure.

Then, approximately six month later, the Florida legislature adopted its own version of the law as part of the Florida Residential Landlord and Tenant Act. Specifically, section 83.561, Florida Statutes, became effective on June 15, 2015, and provides that “if a tenant is occupying a residential premises that is the subject of a foreclosure sale, the purchaser named in the certificate of title is permitted to give a tenant a thirty day notice to vacate and the tenant must comply”. Therefore, as of June 15, 2015, residential tenants had a much shorter timeframe of thirty days’ notice to vacate a unit acquired by foreclosure.

Finally, on June 23, 2018, the federal Protecting Tenants at Foreclosure Act became effective again. It no longer contains any sunset or expiration date; so it is here to stay. Since a federal law will supersede a Florida law when it is more stringent, the provisions of the Federal Protecting Tenants at Foreclosure Act giving tenants more time to vacate residential property after it is acquired by a new party through foreclosure will apply to transactions in Florida despite the shorter time frame provided by state statute.

 

There is help for Landlords and Property managers: You can view the Process of Evictions where you can learn what are the Laws of Evictions in your State

Learn the Eviction Process in the State your Property is Located.

Each State has different things to do in an eviction, most all evictions start with some kind of termination of the tenancy either by the Landlord or the Tenant. Every State has Laws that make it necessary to follow that State’s Process in the event of an Eviction. Learn The Eviction Process in your State. Landlords and Tenants find information on how to evict a tenant or how to defend an eviction.

 

Jeffrey A. Rembaum, Esq., B.C.S.

Jeffrey Rembaum, Esq. is a community association lawyer with the law firm Kaye Bender Rembaum,
in its Palm Beach Gardens office. His law practice consists of representing condominium,
homeowners, and cooperative associations, developers and unit owners throughout Florida.
He can be reached by email at JRembaum@KBRLegal.com or by calling 561-241-4462

https://rembaumsassociationroundup.com/

 

 

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Florida Condominium Act, extensively regulates amendments to condominium documents. by Becker

Florida Condominium Act, extensively regulates amendments to condominium documents. by Becker

Florida Condominium Act, extensively regulates amendments to condominium documents.

Joseph E. Adams / Becker
BlogPublication | Florida Condo & HOA Law Blog

 

Q: After the unit owners in a condominium association vote to approve an amendment, is there a time limit or deadline by which the amendment must be recorded with the county? (M.A. via e-mail)

A: Chapter 718 of the Florida Statutes, known as the Florida Condominium Act, extensively regulates amendments to condominium documents. However, the Act does not contain a specific deadline for when properly adopted amendments to the condominium documents must be recorded.

Section 718.110(3) of the Act states that amendments to the declaration are effective when properly recorded in the public records of the county where the declaration is recorded. Similarly, Section 718.112(1)(b) of the Act states that amendments to the articles of incorporation or bylaws are not valid unless recorded in the public records of the county where the declaration of condominium is recorded. Further, Chapter 617, the Florida Not For Profit Corporation Act, provides that amendments to the articles of incorporation must be filed in the office of the Department of State.

In my opinion, the recording of such amendments is a ministerial act that the board would be required to undertake within a reasonable time of the approval of the amendment. While there is room debate what is reasonable, I would say absent unusual circumstances (such as an intervening legal challenge or some after-discovered error), 30 days from approval would be a reasonable time frame.

However, there is also no specific prohibition in the statute preventing an association from recording an amendment long after the owner vote. I occasionally see situations where an association failed to record an amendment due to changes in the board or management or other circumstances, and records an amendment a year or longer after its approval. This is obviously not an ideal situation since you might have new owners who did not get a chance to vote on the amendment and who could claim that they bought there unit based on what was in the public records.

 

Q: Can you explain what a “material alteration” is? We have a constant argument in our condominium association, usually driven by one particular owner, over what the board can and cannot do. (J.F., via e-mail)

A: This is one of the most common areas of disputes in condominiums. As you probably know, Section 718.113(2) of the Florida Condominium Act provides that there can be no material alterations or substantial additions to the common elements except as authorized by the declaration of condominium. If the declaration is silent, then 75 percent of all voting interests must approve the alteration or addition (there is usually one voting interest per unit).

The standard still used by the courts today comes from a decision from a Florida appeals court rendered almost 50 years ago. In ruling that a unit owner’s closing in a screened lanai with windows was a material alteration, the court stated that the term means “to palpably or perceptively vary or change the form, shape, elements or specifications of a building from its original design, or current condition, in such a manner as to appreciably affect or influence its function, use or appearance.” Using this test, appellate courts have ruled that changing the exterior color scheme of condominium buildings is a material alteration, as is changing mansard roof shingles made of cedar to tile type shingles.

As with most rules, there are exceptions, one being the so-called “necessary maintenance exception,” which originates from a series of appellate court cases from the Second District Court of Appeals (which includes southwest Florida). These cases basically say that certain changes can be made without and owner vote when necessary to comply with law or when necessary for the proper maintenance and preservation of the condominium property.

 

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers.

Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com.

Past editions may be viewed at floridacondohoalawblog.com.

 

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We are getting ready for this year, remember: When you keep us informed we can use this to keep the industry informed. | SFPMA

We are getting ready for this year, remember: When you keep us informed we can use this to keep the industry informed. | SFPMA

We are getting ready for this year, we offer many services for members. When you keep us informed we can use this to keep the industry informed.

We ask our members about Advertising
– In the next week we have information that will be sent directly to our members.
– Advertising includes: On our Website, On the Directory Categories, In our Email Blast and our Magazine, Florida Rising Magazine.
These when sent go out to industry professionals. Boards for Condos and HOA’s, Managers and YOU if you sign up.
Be safe and healthy
—————-
As we are reopening let your membership with us help you get in front of clients all over Florida
Here is some information about SFPMA.
What you can expect and rely upon with your membership.
We are a multi-member property management organization in the State of Florida. Expand your professional network, connect with those who work directly with Professionals in our Industry that may not necessarily know about your business.
Take advantage, meet like minded professionals and opens up opportunities for future business ventures and lifelong partnerships.
Through your Membership:
1. You are listed on the Website Members Directory. – marketed to clients all over Florida.
2. You are also listed on the Magazine Directory.- Our publication is sent each month to over 230,000+ Subscribers and Clients keeping them up to date on the the Industry.
3. Members can Write Articles, Send us Company News and Promotions we send to Thousands of Industry Professionals.
Let them get to know what you do! – Remember Send us information about your company! We will resend this out keeping everyone informed on the Services you Offer.
4. We publish many Events each month that are listed on our Upcoming Events Calendar. Licensing Become a CAM, Webinars for our industry and Board Education…..
It starts with: Membership and being listed on the Florida Directory. What we will offer You! Finding the top Companies that work in our Industry is important for Property Managers, Condo & HOA Board Members.
Happy New Year from all of us at:
~SFPMA
From Frank J Mari and Our Team.
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Security 101: 4 Tips for a Safe New Year’s Eve by Signal88 Security

Security 101: 4 Tips for a Safe New Year’s Eve by Signal88 Security

As the year comes to a close, you may be making plans to celebrate New Year’s Eve. No matter what shape your plans may take, resolve to follow these tips from Signal 88 Security and welcome the new year with peace of mind.

 

  • Leave the fireworks to the pros. Hand-held sparklers can burn at over 2,000° Fahrenheit. Fireworks cause over 9,000 injuries and 20,000 fires each year in the US. Do the math: fireworks can really put a damper on your holiday. If you have a burning desire to use fireworks, be sure to have a fire extinguisher nearby, and a safe place for soaking and disposing of used fireworks.

 

  • Bubble trouble. Did you know champagne corks can leave the bottle at over 50 mph? Unfortunately, champagne-related eye injuries are common around New Year’s Eve, and even indirect hits can cause blindness. The safety wire is designed to prevent unexpected pops, so don’t loosen it until the bottle is pointed away from yourself and others. If possible, wrap a towel over the bottle to prevent a stray cork.

 

  • What goes up must come down. New Year’s Eve ranks as one of the most common nights for celebratory gunfire. Not only is this practice illegal – even on private property – but falling bullets can cause property damage, catastrophic injury and even death. Be safe: leave the firearms in the safe.

 

  • Get home safely. The presence of alcohol combined with late-night revelry makes New Year’s Eve a risky night on the roads. Arrange a ride with a designated driver, or make sure you’re signed up with a ride-sharing app before going out. Free public transportation or cab rides can be found in many localities on New Year’s Eve, so research the options in your area in advance.

 

Don’t let an injury or accident keep you from pursuing your resolutions this year. With these tips in mind, you’ll be ready to ring in a safe and successful new year!

 

Signal 88 Security of Lakeland

The vision of Signal 88 Security is to provide a full suite of world-class and industry-leading security services for residential, commercial, retail and institutional customers because, quite simply, we believe safety is a basic human right and need. We have developed a service philosophy and process to ensure you receive the right solution for your needs.

Jorge Rios  /  (813) 812-0276

Lakeland@signal88.com

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The Four Phases of Recovery We Can Expect Next Year: by Levy Realty Advisors

The Four Phases of Recovery We Can Expect Next Year: by Levy Realty Advisors

Everyone expects a rocky ride for the US economy for the first half of 2021 as the vaccine is distributed and policymakers weigh steps to boost the economy.

But, at least according to one account, the recovery will unfold in a series of stages. John Leer, writingfor Morning Consult, says the economy will experience four distinct phases in the year ahead. From January to April, the second coronavirus relief package’s initial spending will create a stimulus high as unemployment insurance and stimulus checks offset the virus’s negative economic consequences, according to Leer. .

 

“Consumers across the income spectrum will grow more confident in the economy once the money hits their accounts, driving increases in consumer spending and employment through the middle of April,” Leer writes.

 

By late April, Leer expects the effects of the second coronavirus relief bill to wane as unemployment benefits expire and the stimulus boost burns off, exposing weaknesses in households’ finances.

But once the vaccine is widely distributed by the end of Q2, Leer anticipates a bounce back as a wave of spending as Americans eat out and travel. That should drive a rebound through most of the remainder of the year. Restaurants and gyms are likely to see a resumption of activity before international travel increases later in the year.

By December, the economy should enter a period of normalization. Leer thinks that if large groups of unemployed workers can’t find work, then the pandemic’s economic scars will likely limit economic activity heading into 2022.

Unfortunately, not all workers will find jobs at the same pace even as the economy pushes through to normalization. The effect will be the continuation of the K-shaped recovery we have seen this year. The K-shaped recovery is characterized by two groups of employees: higher-paid workers, who are weathering the recession, and lower-paid laborers, who are struggling.

 

“Individuals with less education were more than twice as likely to be out of work as college graduates,” according to Marcus & Millichap in a recent research brief. “People without a bachelor’s degree are more likely to have been employed in lower-skilled roles that were disproportionately affected by stay-at-home orders.”

 

The uneven recovery has had the same disconnect with commercial real estate, with some asset classes recovering based on how well its users are doing, versus others that are still flailing. To use an oft-cited example, the retail and hospitality sectors have borne a heavy burden from Covid-19, while the apartment and industrial sectors not only survived but also flourished, in the latter case.

Recent pricing in these categories show these trends are unlikely to dissipate any time soon and will likely follow Leer’s four stages of US economic recovery.

In October according to the US National All-Property Index, the apartment sector rose 7.2% and industrial 8.5%. Retail prices were down 5.2% from a year prior. The office sector continued to fall at about a 1% annual rate, with suburban offices leading that slide, falling 1.6% year-over-year in October.

 

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Income Tax Up Date for Landlords & Real Investors Webinar by RMS Accounting

Income Tax Up Date for Landlords & Real Investors Webinar by RMS Accounting

  • Posted: Dec 14, 2020
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Income Tax Up Date for Landlords & Real Investors Webinar

by RMS Accounting

December , 16 2020 @6:00 PM

This free webinar will cover the following topics: Understanding rental income & Expenses, Passive loss restrictions, and material participation, Depreciation choices, Section 199A and QBID, along with much more that we help you understand and get every benefit the tax code allows.

Register Here

 

 

Keep up to date with all of the Events- View our Calendar of Upcoming Events on SFPMA

 

2021 LEGAL UPDATE by Attorney Jeffrey Rembaum from Kaye Bender Rembaum

WEBINAR Florida

2021 LEGAL UPDATE December 16th  12:00 pm – 2:00 pm Join Campbell Property Management and Attorney Jeffrey Rembaum from Kaye Bender Rembaum for this Legal Update Webinar, live via Zoom. This 2 hour course will run from 12:00 PM to 2:00 PM. Property Managers who attend will receive 2 CEUs in the Legal Update category. Board Members who attend will learn about law changes from 2020 that may impact their community associations in Florida. Register Today

FREE EDUCATION Virtual Event “MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS” DEC 16th by Katzman Chandler

WEBINAR Florida

FREE EDUCATION Virtual Event “MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS”  by Katzman Chandler   MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS Date: Wednesday, December 16, 2020 Time: 1:00 pm Location: Online Event via, Zoom What are some typical Community Association Rules and Regulations? How are the Association’s Rules and Regulations adopted and enforced? Who enforces them, and by what means? Is an attorney needed to create them? This Course provides answers to these questions, as well as a primer on Association Governing Documents, their order of priority and enforceability, and includes a review of fines and fining procedures. REGISTER NOW Register Online or Call Now  800-987-6518

SEASON 2; EPISODE 6 OF ASSOCIATION LEADERSHIP with Castle Group & Kaye Bender Rembaum

WEBINAR Florida

SEASON 2; EPISODE 6 OF ASSOCIATION LEADERSHIP Castle Group & Kaye Bender Rembaum December 17th  12:00 pm – 1:00 pm Castle Group & Kaye Bender Rembaum invite you to join us for Season 2, Episode 6 of Association Leadership. The live webinar will be hosted by Craig Vaughan- Castle Group, President and Attorneys Jeffrey A. Rembaum & Michael S. Bender- Kaye Bender Rembaum, P.L.- Board Certified Specialists in Condominium and Planned Development Law. This is hosted by Castle. Please direct all questions to m.rodriguez@castlegroup.com Reserve your seat HERE!

WEBINAR: GUEST RESTRICTIONS & SCREENING TENANTS AND NEW OWNERS

WEBINAR Florida

WEBINAR: GUEST RESTRICTIONS & SCREENING TENANTS AND NEW OWNERS  December 17th  1:00 pm – 2:00 pm Guest Restrictions & Screening Tenants and New Owners: Is It Worthwhile? Course #: 9630142  |  1 CE credit in HR (or Elective) Instructor: Karina Skeie, Esq. This webinar addresses the authority to review and approve tenants and owners, including issues related to transfer fees/security deposits, potential “good cause” to deny an applicant, restricting guest occupancy, and common pitfalls in the “screening” process. RESERVE YOUR SEAT HERE

FREE EDUCATION Virtual Event “Q & A SESSION FOR MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS” DEC 17th by Katzman Chandler

WEBINAR Florida

FREE EDUCATION Virtual Event “Q & A SESSION FOR MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS”  by Katzman Chandler Q & A SESSION FOR MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS Date: Thursday, December 17, 2020 Time: 1:00 pm – 2:00 pm Location: Online Event via, Zoom You have questions, we have answers! Come join our Q & A Session to answer all your questions about Maintaining Order: a Discussion on Rules & Regulations, Governing Documents and Fining in Community Associations. REGISTER NOW Register Online or Call Now  800-987-6518

Webinar: DISASTER PREPAREDNESS & RECOVERY: ARE YOU READY TO WEATHER THE STORM? by Becker

WEBINAR Florida

DISASTER PREPAREDNESS & RECOVERY: ARE YOU READY TO WEATHER THE STORM? by Becker Provider #0000811 | Course #9630113 | 1 OPP or 1 ELE Credit Online Webinar Is your community prepared in the event that a hurricane strikes through your city? In this special course we will go over practical tips for developing and implementing a disaster recovery plan for your community. Managers and board members will learn: Steps to take to protect life and property Recover and post event steps The ins and outs of contracting before and after the hurricane How to document a claim

 

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The Florida Building Code, 7th Edition, takes effect on January 1, 2021. Among the updates are noticeable changes to roofing requirements, wind loads and energy conservation. We’re on it!

The Florida Building Code, 7th Edition, takes effect on January 1, 2021. Among the updates are noticeable changes to roofing requirements, wind loads and energy conservation. We’re on it!

  • Posted: Dec 14, 2020
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The Florida Building Code, 7th Edition, takes effect on January 1, 2021.

Among the updates are noticeable changes to roofing requirements, wind loads and energy conservation. We’re on it!

find the new laws:  https://up.codes/viewer/florida/fl-building-code-2020

 

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An Association’s Response to Owners Requiring Additional Care by Becker

An Association’s Response to Owners Requiring Additional Care by Becker

  • Posted: Dec 14, 2020
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An Association’s Response to Owners Requiring Additional Care

Robyn M. Severs | 12.11.2020
Florida Condo & HOA Law Blog

 

Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist these individuals. Plus, associations are not healthcare or mental health providers, so they are not equipped to address such matters. Instead, associations will need to request help from family, friends, or governmental entities.

Depending on the severity and facts of a particular situation, the association should attempt to contact known relatives to determine if there is someone available to assist, as it is best that the association allow the family to intervene. Associations should consider having owners complete a form that would list relatives, friends, emergency contacts, to assist in such situations. However, there are many cases where the resident does not want their family to help, where the family is unwilling or unable to help, or where the association does not know of any relative or friend of the owner. In those instances, the association may need to see if there is any governmental assistance.

The association can contact Code Enforcement if the property is in so disrepair that it is a code violation. Some counties also have Elder Helplines that could be contacted. The Florida Department of Elder Affairs has an Elder Helpline at 1-800-963-5337.

 

For issues regarding self-neglect, the Adult Protective Services, Division of the Department of Children and Family Services (DCF) Abuse Hotline can be called at (800-962-2873). They should send out an investigator to investigate and perform assessments pursuant to Chapter 415 of the Florida Statutes, which allows the state to intervene in the instance that “senior neglect” is suspected. “Neglect” is defined in Section 415.102(16), Florida Statutes as follows:

  • “Neglect” means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.

Finally, local law enforcement should be contacted if the association is concerned for an owner’s safety. They can perform a “welfare check” to check on the safety or well-being of a person. Such a check could lead to involuntary commitment pursuant to the Florida Mental Health Act, also known as the Baker Act. This is occasionally a viable option when a person’s inability to care for themselves presents a danger to themselves or others.

 

If the resident refuses to accept the assistance offered by family or applicable agencies and, instead, continues to cause problems for other residents, or create hazardous conditions, the association could theoretically attempt to enforce the relevant provisions of the association’s governing documents, usually through a nuisance provision.

As you might imagine, the travails of the elderly or those with mental health issues are rarely optimal cases to take before a judge or an arbitrator. However, at least in some cases, it may be worth taking the initial steps necessary to proceed with legal action including a “cease and desist” or “opportunity to cure” letter. The association could also use the legal action as a way to get a legal guardian appointed for the owner. Perhaps the association could seek a determination from a court as to whether the association could cure the violations themselves. While this may not be an attractive option for the association, it may be the only available option.

Unfortunately, dealing with residents that need help is a difficult situation for associations with no clear answer as to how to resolve the problem. Hopefully, the above options will be able to provide some guidance and assistance.

 

Robyn M. Severs represents community association clients throughout Florida’s northeast region. She has significant experience representing and assisting condominium and homeowners associations in a wide variety of legal areas, including document review, document drafting, turnover of association control, reserve funding, and maintenance issues. Robyn also handles community association bankruptcy cases and appellate cases that include some notable decisions. Earlier in her career, she served as an Assistant Public Defender for the Tenth Judicial Circuit, and as a Senior Attorney for the Florida Department of Business and Professional Regulation, Division of Real Estate, where she prosecuted cases before the Division of Administrative Hearings, Florida Real Estate Commission and Florida Real Estate Appraisal Board. Ms. Severs is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

Robyn M. Severs

Shareholder / Orlando
tel:904.423.5372
RSEVERS@beckerlawyers.com

 

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Washington, D.C. Update: Bipartisan Emergency COVID Relief Act of 2020

Washington, D.C. Update: Bipartisan Emergency COVID Relief Act of 2020

  • Posted: Dec 10, 2020
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Washington, D.C. Update: Bipartisan Emergency COVID Relief Act of 2020

by  Omar Franco of Becker

Tuesday evening, the House passed HR 8900, an appropriations Continuing Resolution (“CR”) that extends current government funding levels through the end of Friday, December 18th. Its intent is to avoid disruption of relief efforts while Congress continues to work toward an agreement on a longer-term omnibus appropriations bill to fund the federal government for the FY2021. Further complicating negotiations is the renewed push on the Hill to pass additional COVID relief legislation. Any legislation to provide pandemic relief or economic stimulus before the end of the year will most likely need to pass as part of a broader appropriations package, intertwining the fate of both legislative efforts. The Senate is expected to pass the CR with enough time to allow President Trump time to sign it into law before midnight on Friday evening.

The bipartisan “908 coalition” continued efforts to reach agreement on the remaining sticking points of coronavirus legislation (state and local aid and liability reform) will garner most of the media attention as the legislative year ends, but the expected final passage of the CR is significant as well. In addition to giving Congress an additional week to find consensus on an omnibus bill, COVID legislation, or both by avoiding a shutdown, the CR included a few potentially notable health extenders as the pandemic is expected to worsen in the coming weeks. Medicare, Medicaid, FDA, and public health extenders included in this CR would:

  • Extend the Medicare work geographic index floor
  • Extend the delays of Medicaid disproportionate share hospital (DSH) reductions
  • Extend funding for low-income assistance programs including State health insurance programs like CHIP, aging and disability resource centers, and community health centers
  • Extend funding for the National Health Service Corps and teaching health centers that operate graduate medical education programs

To read the relief bill’s outline, please click here to read the Bill. Becker’s Federal Lobbying Team will continue to monitor these developments as they evolve and will share with you as soon as information becomes available.

 

Omar Franco is the Managing Director of Becker’s Washington, D.C., office. He currently represents a wide variety of clients including Fortune 500 companies, small businesses, higher education institutions, trade associations, non-profit organizations, and municipal governments

Omar Franco
Managing Director
Washington, D.C.
202.621.7122
202.731.3401
OFRANCO@beckerlawyers.com

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