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

You have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.

You have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.

If you have not properly addressed possible Hurricane Irma damage to your property – the time to do so is now.
Hurricane Irma first made landfall in Cudjoe Key, FL on September 10, 2017, which means you have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.
September 10, 2020 is also the deadline to re-open or supplement a claim that has already been made for damages that occurred as a result of Hurricane Irma.
If you are unsure if your property sustained damage as a result of Hurricane Irma you should ask for an inspection by a qualified contractor, estimator or building inspector to assess whether hurricane-force winds damaged or compromised the roofing system and building envelope. Many companies offer this initial inspection free of charge. Given the complexities of a large loss claim, consider consulting with an attorney experienced in handling commercial insurance claims for condominiums and homeowners associations.
The deadline is fast approaching, so time is of the essence to file your hurricane claim. If you miss the deadline, you will be forever barred from initiating a hurricane Irma claim in the future.
We are available to assist you and connect you with top professionals in the industry to accurately evaluate hurricane damage and submit an insurance claim the right way – today.
At Cohen Law Group, It’s About Justice!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.

(407) 478-4878

 

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IS A COMMUNITY ASSOCIATION RESPONSIBLE FOR THE ACTS OF ITS VOLUNTEERS? by Becker / Robyn Severs

IS A COMMUNITY ASSOCIATION RESPONSIBLE FOR THE ACTS OF ITS VOLUNTEERS? by Becker / Robyn Severs

IS A COMMUNITY ASSOCIATION RESPONSIBLE FOR THE ACTS OF ITS VOLUNTEERS?

by Robyn M. Severs /from Becker

Community associations can be a great place for community involvement. It is always nice to see members get involved and help with operating the association.  However, should the association be concerned about the actions of these volunteers?

An association may be held liable for the acts of its volunteers, depending on the situation. Accordingly, it is important to confirm that the association will be protected if something goes wrong. The association should contact its insurance carrier to ensure that it has insurance for volunteer workers.  If not, then the association should not allow volunteer work without obtaining such insurance coverage.  If there is insurance coverage, you should ensure that the person performing the work meets the definition of a volunteer, per the terms of the insurance policy.  Also, there should be a determination as to what work, damage, and injury is covered per the terms of the policy.  If a volunteer worker exceeds the scope of any covered work, or if the damage/injury is not covered under the terms of the policy, then the association may be exposed to liability.  Obviously, determining the scope of insurance coverage requires a factual and legal review, and the association should seek the guidance of an attorney when determining the scope of insurance coverage.

Additionally, to further assist in limiting any potential exposure to liability, an association should create a list of official duties to be performed by each volunteer and have the volunteer sign a form acknowledging that the association has only authorized the volunteer to perform the duties on the list. Volunteers should not be permitted to engage in potentially hazardous activity or any activity that involves undue physical strain.  In addition, an association should:

  • not allow volunteers to perform any services that require the use of a licensed vendor/contractor or which would require a permit.
  • seek legal guidance on whether a licensed vendor/contractor or permit is required for the work the volunteer will be performing.
  • consider obtaining releases/indemnifications from volunteers performing services for the association.

 

While we understand this may discourage individuals from volunteering, an association has a fiduciary obligation to its members, which could include an obligation to protect the association from potential exposures to liability.  Community involvement is wonderful but protecting the association is paramount.


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

 

 

Pandemic Impact Survey by Axela

Pandemic Impact Survey by Axela

Pandemic Impact Survey

by Axela

How are community association financials affected by the pandemic?

Have your community association finances been impacted by the ongoing pandemic? What are communities around the country doing to combat cash flow and delinquency issues that 2020 has brought?

Please take 4 minutes to fill in this survey to share your anonymous feedback on the pandemic impact on your financials. We will be compiling the results to share with all of our readers.

 


 

 

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Has your Condo or HOA Sustained Property Damage? | SFPMA

Has your Condo or HOA Sustained Property Damage? | SFPMA

Do you have Storm Damage in your Building?

SFPMA has a team of Legal Experts, adjusters, estimators and claim specialists for the benefit of the Condo and HOA’s who sustained damage from the storms and fire, water or mold.

With the know-how and experience to negotiate your claim our Entire Team works with One Goal:

“Get the maximum settlement for your damage claim!”

 

PROPERTY DAMAGE

  • Hurricane Storm Damage
  • Water Damage / Floods
  • Fire Damage
  • Mold Damage
  • Roof Damage and Leaks
  • Sinkholes & Earthquakes
  • Property Vandalism and Theft

 

WHAT WE PROVIDE CONDO & HOA’S

  • Property Inspections & Site Analysis
  • Review of your Insurance Policy
  • Damage Report Backing up the Claim
  • Loss Estimates Documentation
  • Negotiation and Settlement with Insurance Companies

 

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A Claim usually includes inspections, detailed estimates, more inspections, client reviews, negotiating with insurance companies, consulting with insurance company and most importantly, getting you your money as fast as possible.

http://CondoHoaAdjusters.com

Storm Damage Claims for your Condo and HOA Properties!

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Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer by Alexa

Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer by Alexa

  • Posted: Aug 27, 2020
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Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer

by Alexa Mitch Drimmer

We need to work with families in a kinder more gentle way to keep them in their homes and at the same time protect our communities.

Contact Axela Technologies for a free collections analysis Learn more at https://www.axela-tech.com

Watch the Short Video!

Community associations are facing a crisis. High delinquencies and increased costs lead to unstable cash flows for condos and HOAs across America. Axela Technologies offers a solution that will help safeguard your community’s cash flow.

Learn more at https://www.axela-tech.com

 

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The Property Manager’s Guide to Social Distancing by Concierge Plus

The Property Manager’s Guide to Social Distancing by Concierge Plus

The Property Manager’s Guide to Social Distancing

by Concierge Plus

COVID-19 is on everyone’s minds right now, and its impacts will be felt for many months to come.

By talking to property managers across North America every day, we have found what’s working and what’s needed to operate your community remotely and virtually.

COVID-19 has accelerated the shift towards a digital transformation of property management businesses. Our guide will help you better understand how to operate your community remotely and virtually.

Get your free guide now and learn about:

Property Managers Guide to Social Distancing Front Page

  • How to improve communication channels
  • Why technology made specifically for managers is the best solution
  • The 7 things to look for in  resident portal technology

 

 

We have published this guide to help managers and board members better understand how to serve their residents without being physically present.

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Virtual Happy Hour to Benefit the Leukemia & Lymphoma Society by Cohen Law Group  Aug 26th, 2000 5-6PM

Virtual Happy Hour to Benefit the Leukemia & Lymphoma Society by Cohen Law Group  Aug 26th, 2000 5-6PM

  • Posted: Aug 24, 2020
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Virtual Happy Hour to Benefit the Leukemia & Lymphoma Society by Cohen Law Group  Aug 26th, 2000 5-6PM

*Special Virtual Event: Cohen Law Group  Aug 26th, 2000 5-6PM
Please mark your Calendars
If you can not make it to the Event?

Please make a Donation to help

 

Cohen Law Group
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Legal Update 2020 Summary: Florida Legislature passing several community association related bills this Season  By: Shayla Johnson Mount / Becker

Legal Update 2020 Summary: Florida Legislature passing several community association related bills this Season  By: Shayla Johnson Mount / Becker

  • Posted: Aug 18, 2020
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Legal Update 2020 Summary:  Florida Legislature passing several community association related bills this Season

By: Shayla Johnson Mount / Becker

The Florida Legislature was especially busy this past session filing, debating, and ultimately passing several community association related bills. Below is an outline of those bills and the potential impact on your community association this year.

 

  1. Emotional Support Animals – Chapter 2020-76 (Senate Bill 1084) – This long championed and highly anticipated bill managed to make it to the finish line this year to become law on July 1, 2020. This law amends portions of the Florida Fair Housing Act (Chapter 760.20, F.S.) to officially define an “emotional support animal” (“ESA”) and prohibit discrimination in housing against individuals with a disability-related need for an ESA. More specifically, the new law requires a housing provider (which for purposes of the law includes a community association) to make “reasonable accommodations” to allow for the individual’s ESA at no additional cost under certain circumstances. If the person’s disability is not readily apparent, the association can request additional supporting documentation from the person’s health care provider or other proof of disability (i.e.: proof of receipt of federal or state disability benefits). However, an association cannot inquire as to the person’s specific disability.  The new law also makes the individual directly responsible for any personal or property damage the ESA causes and also makes it a second-degree misdemeanor to falsify or misrepresent information or documentation concerning an individual’s need for an ESA.

 

  1. FireworksChapter 2020-11 (Senate Bill 140) – The new law prohibits a homeowners association from passing a board-rule banning the use of fireworks on certain “designated holidays,” including New Year’s Eve, New Year’s Day, and Independence Day. This law does not specifically apply to condominium associations and a homeowners association is still able to amend its Declaration to regulate or limit the use of fireworks within the community.

 

  1. Law Enforcement Vehicles 2020-5 (Senate Bill 476) – One of the first bills passed and approved by Governor DeSantis this session, is a law that prohibits a condominium, cooperative or homeowners association from prohibiting a law enforcement officer from parking his or her assigned vehicle in an area where the individual would otherwise have the right to park.

 

  1. State Reporting for 55+ Communities – Chapter 2020-153 (Senate Bill 255) – This law removes the requirement that 55+ communities must initially register, and biannually report its compliance status, to the Florida Commission on Human Relations. This bill does not eliminate the need for these communities to comply with federal reporting requirements.

 

  1. Housing Discrimination – Senate Bill 374 – This bill passed the House and Senate but, at the time of this writing, is still pending action by the Governor. If it becomes law, this bill will amend the Marketable Record Title Act  (Chapter 712, F.S.), to automatically extinguish and make void as a matter of law any “discriminatory restriction” on the basis of race, color, national origin, religion, gender or physical disability which are contained in an Association’s recorded governing documents.  The law would allow the board by majority vote to amend its governing documents to remove any such restrictions.

 

  1. Lease Requirements – Chapter 2020-102 (Senate Bill 469) – This law removes the requirement that a lease agreement must be signed by a subscribing witness.

 

  1. Florida Guaranty Insurance ClaimsChapter 2020-155 (House Bill 529) – This bill increases the amount of insurance available through the Florida Guaranty Insurance Fund from $100,000 to $200,000 for each condominium or HOA claim, where the association has the responsibility to insure residential units.

 

  1. Rental Agreements – Chapter 2020-99 (Senate Bill 1362) – Also known as the “Protecting Tenant at Foreclosure Act,” this law requires a party or entity who obtains a property at foreclosure that is subject to a pending lease agreement to provide to the tenant a 90-day notice to vacate.

 

Thankfully, Senate Bills 295 and 1488 did not pass, both of which would have significantly revised and limited the ability of a condo or homeowners association to bring construction defect claims against developers and builders on behalf of its members.  This year, the legislature revisited the controversial issue of regulating short term vacation rental (i.e.: Airbnb) through consideration of Senate Bill 1128 and House Bill 1011.  These bills would have prohibited cities and counties from passing ordinances regulating or limiting an owner’s ability to use their home or unit as a short-term vacation rental. Although neither bill specifically addressed an association’s ability to pass rules or regulations regarding short-term rentals, it is likely that this issue will return next year for further debate before the Legislature.  Prior to next year’s session, associations that are concerned with short-term rentals in their community should seriously consider amending their governing documents now as future versions of this bill may propose to limit an associations ability to regulate short-term rentals as well.


Shayla J. Mount is an Associate Attorney in Becker’s Community Association Practice Group. She focuses her practice on providing counsel and representation to homeowner and condominium associations throughout Central Florida. An experienced litigator,

she has handled collections litigation and served as general legal counsel for numerous homeowner and condominium association boards throughout Orange, Osceola, Seminole, Duval, and Sarasota Counties. Shayla regularly advises association boards on issues regarding vendor contracts and disputes, document amendments, and covenant enforcement issues.

She also has substantial experience handling a variety of civil litigation issues including small business and contracting actions, foreclosure defense, real estate transactions, and insurance disputes.

 

 

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Property Management in a Post-Pandemic Era By Concierge Plus 

Property Management in a Post-Pandemic Era By Concierge Plus 

Property Management in a Post-Pandemic Era

By 

Maintaining a positive resident experience throughout the pandemic and post-pandemic will require help from technology made specifically for property management.

The coronavirus pandemic has disrupted the day-to-day operations of our industry across North America, forcing us to dramatically alter our working methods and approach. Property managers have had to adapt and respond quickly to unprecedented operational challenges that make managing communities on-site impractical in a post-COVID-19 environment.

Many industry leaders expect their workforce to become permanent work-from-home employees after the pandemic ends, leaving no choice but to adopt tech or risk permanent closure.

Resident experience management software can help, but choosing the right solution requires a 5 step process and understanding of how technology is changing.

 

Step 1: Map out the tasks that your association performs

The first step is to map out the tasks that your staff need to do. It can be challenging to figure out what tasks even need to be mapped out. Tasks carried out by staff differ from association to association. From handling packages and screening visitors to dealing with service requests and processing amenity bookings. For each one of these tasks you must find a process that is efficient and works well not only for your team but also for the residents to alleviate frustration.

Question: Who can help you map these tasks out?

Answer: You can engage your property management team, a committee, or board members to help you understand what tasks need to be optimized.

 

Step 2: Establish optimal processes for each of those tasks

The next step is to come up with the processes needed to handle each of the tasks. In the past this was cost-prohibitive. Only large associations or those with big budgets could afford to do something like this.

Question: Where do you start optimizing each task?

Answer: Begin by understanding what parts of the task are most time consuming or frustrating to residents. For example: if residents can’t access the availability of your amenities from wherever they are, at any time, they are more likely to be frustrated and less likely to make a booking. This will result in lost revenue for the association.

You need to work with someone who has done this before and has been successful at creating efficiencies within associations. This is the only way you will come up with an optimal process. There are consultants you can hire that offer services to associations along these lines.

 

Step 3: Train your team on the new processes

The next step is to train the management team and all your staff. Training videos are extremely effective at explaining processes to team members and will save managers significant time.

Question: Who will train your team and ensure they are following the established processes?

Answer: Videos and online tutorials will help familiarize existing team members with the new process. This same content will be shown to new team members to facilitate their training and ensure everyone gets the same information. Making sure that every team member is following each established process is critical to ensure a consistent experience for residents and that no details are lost.

 

Step 4: Educate your residents on the new processes

Next, you need to educate residents on the available tools and how to use them. Using a platform to house community content allows property managers to communicate more effectively with residents.

Question: Who will explain this to your residents?

Answer: Residents are already busy with their everyday lives. They need to have a quick understanding of where to go and what to do to accomplish these interactions. A single, easy-to-use, intuitive platform will help ensure that all residents know what to do.

 

Step 5: Use technology to execute those tasks daily

Finally, you and your team need to execute the tasks.

Technology has developed significantly in the past five years and has become a huge time saver for property managers.

Question: What type(s) of technology do you need for these tasks, and what is currently out there?

Answer: Here are some suggestions for technology you will need to acquire to accomplish this. You will need to organize your resident information with a spreadsheet (Microsoft Office 365 and/or Google Sheets). You can create another sheet to record packages and deliveries, and their pick-up/drop-off information. You’ll need to be able to reach residents by email with important announcements using Constant Contact, MailChimp, or a similar platform. Service requests will require you to use an online form from Survey Monkey. You can create an additional form on Survey Monkey for each amenity you want to be able to have residents book online. Amenities will also need a shared calendar: a Gmail account will allow you to do that.

We don’t recommend the above as your association needs to leverage technology to save time, money, and be more modern. Reducing the number of manual interactions your team must do daily will enable them to save hundreds of hours each month.

 

Why invest in a resident experience management platform?

Temporary closures are on the rise because of the lack of communication with residents and staff. While Microsoft Office 365, and MailChimp are popular solutions you might think to try, they aren’t built for the needs and challenges of property management.

We recommend using a resident experience management platform that is designed and built from the ground up, specifically for managers and residents, with the needs of property management industry in mind.

The benefits of such a platform are many:

  • You can manage your building from any device, whether it’s a desktop or laptop, tablet, or mobile phone. Residents can log in from wherever they are and communicate with other residents and/or the property manager.
  • It is scalable for portfolio expansion and has enterprise-level flexibility and reliability.
  • It houses all front-office and back-office data in a single, connected system.
  • Many residential property managers report reduced cycle times and lower costs of ownership along with fewer errors and inefficiencies that are common with separate systems mentioned above.
  • It can accommodate multiple property types (HOAs and Condominiums).
  • It can easily accommodate language translation and other elements of multinational portfolio management.
  • It integrates with third-party tools such as packing tracking software, allowing for smooth parcel management.

 

Concierge Plus to the rescue

Unfortunately, most managers are struggling with delivering great resident experiences as they don’t have a proper platform designed to fulfill their needs. What they have is either a static website or multiple tools that aren’t suited for managing a community, but as we are entering a post-pandemic environment with social distancing taking off, they need a resident experience management platform designed for managing modern HOAs and Condominiums.

Our best-in-class resident management platform is designed to make life easier for Front Desk and Building Staff, Residents, and Property Managers. Our web-based, modular solution is fully scalable and customized to meet the needs of any sized community. It also saves time and money while delivering better customer service to residents and board members.

 

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