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

Update: ‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’

Update: ‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’

UPDATE:

So Governor DeSantis signed SB 360 into law which effectively eviscerates many property owners’ rights to pursue contractors and developers for latent defects. A latent defect is one which is not readily apparent to the naked eye which is often the case with concrete restoration and roofing projects. This is a slap in the face to the millions of Floridians struggling right now to pay large special assessments to fund these projects. Why would people who profess to care about the safety of older multifamily buildings vote to pass SB 360? The developers’ lobby certainly achieved their goals. Too bad the people who will now pick up the tab for defective construction are the ones least able to pay for it-Florida homeowners.

 

‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’

Becker Shareholder Donna DiMaggio Berger, Esq’s op-ed in Miami Herald explores how the Florida Legislature passed a bill that will make it harder for you to hold contractors accountable for defective work. Why she says the Governor should veto this bill right now. Read the entire article below.

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Last year, the Florida Legislature passed SB 4-D with the stated purpose of safeguarding the millions of Floridians living in older multifamily buildings. Known as the Condo Safety Law, SB 4-D requires periodic engineering inspections for buildings three stories and higher and mandates that associations reserve funds to pay for ongoing maintenance and repair projects.

How then, did the Florida Legislature this session pass SB 360, a bill that extinguishes homeowner rights and destroys developer/contractor accountability for the work they perform?

Certainly our legislators must understand that thousands of Floridians are struggling to pay massive special assessments to fund mandated maintenance and repair projects? Why would those same legislators determine that Floridians should not be able to receive the value of those multimillion-dollar projects? It is hoped that Gov. DeSantis will understand that SB 360 undermines both the physical and fiscal security of millions of Floridians.

Safe buildings start with the developers who build them and the contractors who repair them. It’s a simple concept. If the governor signs SB 360 into law or allows it to pass into law without his signature, nearly every Florida community association, at some point, will feel the following impacts:

  • The deadline by which a community association must take legal action against contractors and developers for latent or hidden construction defects will be shortened from 10 years to seven. Ultimately, this will compromise homeowner warranty protection because latent defects are defects that cannot be seen. This includes foundation issues, most structural defects, and leaks behind stucco and under roofs, for both new construction and renovations.

Many condominiums and cooperatives in Florida are moving forward with concrete renovations and repairs, roof replacements and other work deemed necessary in their engineering reports. SB 360 will prevent associations from holding negligent contractors liable for their defective work product and poor performance.

  • Developers and contractors could maintain control of an association long enough to run out the clock on the applicable statutes of limitations. Currently, the deadline for a developer to turn over control of a condominium association to the owners is seven years, at the latest. Even under the current 10-year statute of repose, boards must move quickly to preserve their associations’ rights. Under SB 360’s new shortened seven-year statute of repose, it would be virtually impossible to protect the association’s rights against a developer who decides to retain control of the association for up to seven years since the statutes only empower associations to bring those causes of action after the community is turned over from the developer to the owners.

Under SB 360’s new shortened seven-year statute of repose, it would be virtually impossible to protect the association’s rights against a developer who decides to retain control of the association for up to seven years since the statutes only empower associations to bring those causes of action after the community is turned over from the developer to the owners.

  • The new triggering action to start the clock running on the statutes of limitation would no longer be the issuance of a final certificate of occupancy and “actual possession by the owner” but instead will be the issuance of a temporary certificate of occupancy. A temporary certificate of occupancy is issued many months or even years before an owner closes and takes possession of the home. Naturally, an owner living in a unit is in a better position to notice and report construction defects than someone who has not yet closed and moved in.
  • Developers and contractors would no longer be required to meet the minimum standards imposed by The Florida Building Code when an owner brings a private cause of action.

Unfortunately, SB 360 has been sent to the governor. It is now up to him to determine whether this new law making it more difficult to hold developers and contractors accountable makes sense with the heightened safety standards imposed on community associations.

If SB 360 becomes law, the net effect will be the imposition of a massive financial burden on the people who are least able to afford it — individual association members.

Donna DiMaggio Berger is a shareholder in Becker’s Community Association Practice in Fort Lauderdale, Florida and is a member of the College of Community Association Lawyers.

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PENNY WISE POUND FOOLISH By Eric Glazer, Esq.

PENNY WISE POUND FOOLISH By Eric Glazer, Esq.

PENNY WISE POUND FOOLISH

By Eric Glazer, Esq.

In light of the new laws requiring mandatory inspections, mandatory repairs and mandatory reserve studies, some associations are looking to cut back and save money. 

That’s not a bad idea; unless you’re cutting back on your legal counsel reviewing all of the contracts provided to you by those engineers, architects or general contractors who perform any of these inspections or repairs.

I’m starting to see more of this and it’s an alarming trend.  It boggles my mind that an association would spend millions of dollars on a contract for repair of their property, but won’t spend a few hours on their attorney reviewing that contract first.  No question in my mind that the failure of the Board to have that contract reviewed by counsel before signing, is a breach of their fiduciary duty to the unit owners they represent.

I teach a class called “Before You Sign That Contract.”  It talks about so many ways in which the association can suffer financial loss by having the wrong clauses in the contract or by failing to insert certain clauses into the contract.  Once sentence can potentially cost the association hundreds of thousands of dollars.  And you chose to cheap out on a few hours of attorney’s time?  Really?

Even smaller contracts need to be reviewed.  If the association does not have the proper remedies in the contract for the contractor’s breach, the situation can turn into a long lasting nightmare where the association will never be made whole.  And…….the association will have to spend its own attorney’s fees now to correct the problem with no chance of recovering them later on.

We are about to enter into a historic time here in Florida where these types of contracts will be flying off the shelves. 

They will be everywhere, in every condominium.  Be careful.  If you didn’t hear me the first time, I said BE CAREFUL AND DON’T BE CHEAP.  GET LEGAL HELP BEFORE SIGNING.

DON’T COME TO ME AFTER YOU SIGNED A CONTRACT AND SAY “HEY ERIC…OUR ASSOCIATION SIGNED THIS MULTI MILLION DOLLAR CONTRACT.  CAN YOU NOW GET US OUT OF IT?

THE ANSWER IS OFTEN TIMES……NO I CANNOT.  YOU SHOULD HAVE ASKED ME TO LOOK AT IT BEFORE SIGNING IT.

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Allstate Resource Management sponsored: 10th Annual Make-A-Wish Polen Capital Golf Tournament at The Boca Raton

Allstate Resource Management sponsored: 10th Annual Make-A-Wish Polen Capital Golf Tournament at The Boca Raton

Allstate Resource Management sponsored:

10th Annual Make-A-Wish Polen Capital Golf Tournament at The Boca Raton

This past weekend, Allstate Resource Management sponsored the 10th Annual Make-A-Wish Polen Capital Golf Tournament at The Boca Raton! The event raised over $570,000!

Our Vice-President/Golf Enthusiast, Andy Fuhrman, enjoyed the day on the green and was joined by Norman Wedderburn, the President/CEO of Make-A-Wish Southern Florida.

Thanks to Allstate Resource Management and other amazing sponsors, the Make-A-Wish Polen Capital Golf Tournament has granted more than 300 heartfelt wishes for the brave and deserving children battling critical illnesses in our local community.

 

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Cohen Law Group’s – Make-A-Wish Fundraiser – Please donate today. Thank you for your support!

Cohen Law Group’s – Make-A-Wish Fundraiser – Please donate today. Thank you for your support!

We are asking SFPMA Members to Show their Support.

Cohen Law Group’s
Make-A-Wish Fundraiser

We are raising money for Make-A-Wish to help grant wishes for children with critical illnesses.
It’s truly amazing what wishes can do.

Link to Make a Donation- https://secure2.wish.org/site/TR/WishYourWay/Make-A-WishSouthernFlorida?px=7266942&pg=personal&fr_id=4725

A wish renews hope, uplifts spirits and encourages the belief in the impossible. Make-A-Wish grants thousands of unique wishes each year. A wish begins with hope. And hope begins with you.

Last year, Cohen Law Group raised over $25,000 to grant 5 wishes and this year our goal is $35,000.

Together, we can grant more wishes.
Please donate today. Thank you for your support!

Cohen Law Group will be matching Donations to Make-A-Wish!

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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Release of Liability and Hold Harmless Agreements by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

Release of Liability and Hold Harmless Agreements by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

Release of Liability and Hold Harmless Agreements

by JEFFREY REMBAUM, ESQ., KAYE BENDER REMBAUM

If Your Association Requires One, Then You Must Read This…

Many communities offer a host of amenities for their residents and guests to enjoy, such as clubhouses, fitness centers, playgrounds, swimming pools, tot lots, tennis courts, etc. One of the upsides to providing such amenities is that the residents and their guests have a variety of activities to choose from, which enhances the quality of life within the community. However, one of the potential significant downsides to offering such benefits is that the association often incurs liability if a resident or guest is injured while using one of the amenities.

Accordingly, it has become commonplace for associations to require that residents and guests sign a document that releases the association from liability and holds the association harmless when a resident or guest uses the amenities. Although the title of the document may vary—“Hold Harmless,” “Indemnification Agreement,” “Release of Liability,” or “Waiver and Release”—there is usually language included within the document along the lines of the following:

“I, Mr. Owner, on my own behalf and on behalf of all other occupants and guests to my home, for and in consideration for use of the association’s facilities, equipment, etc. hereby release and hold harmless the association, its members, officers, directors, agents, etc. from any and all liability which may arise out of or in connection with my participation or use of the foregoing facilities, equipment, etc.”

This language is often referred to as an “exculpatory clause,” which is a clause that is designed to relieve a party from blame or liability. Such language has traditionally served to help prevent an association’s liability to an owner or guest when he or she is injured while using the amenities. It may have been a while since anyone has taken a good look at the specific language included in the association’s release, and it may be taken for granted that such language will automatically protect the association from liability. Many such form documents do not provide the protection you might think they should. A recent Florida appellate court case dealing with such exculpatory clauses highlights this potential issue and offers pause.

Specifically, The Estate of Nicholas Adam Blakely, By and Through Michele Wilson, as Personal Representative v. Stetson University, Inc., WL 17997526 (Fla. 5th DCA 2022), involved the tragic death of a young man who played football at Stetson University. As described in the written appellate opinion, the young man pulled himself out of an afternoon football practice complaining to an assistant athletic trainer that he felt dizzy and that his chest felt tight. Although the trainers continued to monitor his symptoms on the sidelines, after approximately 45 minutes the young man collapsed. Thereafter, university employees attempted various emergency medical procedures in an unsuccessful effort to revive him. The young man was transported to the hospital where, sadly, he died.

The trial court found that the two identical releases signed by the young man were sufficiently clear to bar claims brought against the university arising from his death after participating in the football practice. On appeal, however, one of the arguments focused on whether the language in the releases that the young man signed were sufficient to be enforceable. The appellate court determined it was not. Although the entirety of the written releases are unable to be reproduced here, the particular language that the court focused on is set out below. Specifically, the appellate court placed emphasis on the following:

I understand that the dangers and risks of playing or participating/practicing may include, but are not limited to: death…Because of the dangers and risks involved in participating in intercollegiate athletics, I recognize the importance of following the Coaches and Sports Medicine staff instructions regarding playing techniques, conditioning, rehabilitation/treatment recommendations and team rules, etc. and agree to obey such instructions…I hereby assume all risks associated with participation and agree to hold Stetson University…from any and all liability…of any kind or nature which may arise by or in connection with my participation in any activities related to the Stetson University athletic program. The terms hereof shall serve as a release and assumption of risk for myself, my heirs, estate, executor, administrator, assignees and for all members of  my family. The terms hereof shall serve as a complete release and waiver of liability for myself, my heirs, estate, executor, administrator, assignees, and for all members of my family.

 

On its face, it sounds complete. But is it? In its analysis of the language included in the releases, the appellate court began by expressing that

[A]n exculpatory clause purports to deny an injured party the right to recover damages from a person negligently causing his injury. They are disfavored in the law because they relieve one party of the obligation to use due care and shift the risk of injury to the party who is probably least equipped to take the necessary precautions to avoid the injury and bear the risk of loss. Such claims are strictly construed against the party seeking to be relieved of liability. Thus, exculpatory clauses are enforceable only where and to the extent that the intention to be relieved from liability is made clear and unequivocal. The wording must be clear and understandable that an ordinary and knowledgeable person will know what he is contracting away (quoting UCF Athletics Ass’n, v Plancher, 121 So. 3d 1097, 1101 [Fla. 5th DCA 2013]).

 

Unlike the trial court, the appellate court took issue with the language contained within the releases because the release forms

  1. failed to expressly inform the young man that he was contracting away his rights to sue the university for its own negligence,
  2. used language that could reasonably lead one to believe that the university would be supervising and training [him] properly such that the young man was only being asked to sign the exculpatory clause to cover injuries inherent in a sport, and
  3. used language suggesting that the terms of the releases were for the young man’s benefit.

 

Accordingly, the appellate court determined that the foregoing supported a determination that the releases were not clear and unambiguous. So, what does the appellate court’s decision mean for exculpatory clauses as related to an association’s release? It means that associations need to review the language in such exculpatory clauses with counsel to assist in aligning the language with the thinking of the court. For example:

  1. Is the language in the release clear, unambiguous, and written in such a way that an ordinary and knowledgeable person would know that he or she is contracting away his or her right to sue the association if an injury occurs?
  2. Is the language in the release free from any indication whatsoever that training and/or supervision is being provided by the association to avoid a mistaken belief by the owner or guest that he or she is merely signing away his or her right to sue for injuries inherent in a particular activity?
  3. Is it unequivocally clear that the individual is giving up all rights to litigate against the association in regard to any accident that may occur, even if the association was negligent?
  4. Are there terms in the release that would make it seem as though the release is for the benefit of the homeowner or guest and not the association?
    If you are in doubt as to the exculpatory language included in your association’s release, do not wait until a homeowner or guest is injured, or possibly worse, to discover that the language is not appropriate for protecting the association from liability. In light of this most recent opinion, you should discuss with your association’s legal counsel when there would be a good opportunity to review and amend such release of liability and hold harmless agreements.
Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of ‘Rembaum’s Association Roundup’, an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations.  His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.
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SOLitude’s Deep Dive: Testing Lake Water | Through recurring water quality testing and monitoring, aquatic resource experts can develop effective management plans that meet the needs of your waterbody.

SOLitude’s Deep Dive: Testing Lake Water | Through recurring water quality testing and monitoring, aquatic resource experts can develop effective management plans that meet the needs of your waterbody.

If you’re frustrated by recurring algal blooms or aquatic weeds, it may be time to analyze your lake’s water quality. Through testing, our experts can help identify the root cause of water quality issues so you can avoid unsightly water this summer.

Water Quality Testing Deep Dive

Water quality is the foundation of any healthy water resource. If you think about going to the doctor and getting blood drawn to identify a health issue, you could compare that with water quality testing. In lake and pond management, scientists evaluate these and many other water quality parameters to determine the root of water quality issues.

Beneficial Buffer - Fountain - Community Pond Lake, Pond, Wetland & Fisheries Management for Delaware & Maryland - scenic

Testing Oxygen and Ammonia Levels

The first parameter typically measured in water quality tests is oxygen. Oxygen is one of the most important elements to humans. Just like humans and animals, waterbodies also utilize oxygen to survive. In lake and pond management, we use tools to test for dissolved oxygen (DO) levels in the water. If dissolved oxygen levels are low, aquatic life becomes stressed. This usually occurs when excess organic materials, such as large algal blooms, are decomposed by microorganisms.

Like oxygen, ammonia can cause parallel issues in aquatic environments if levels are unbalanced. For example, high levels of ammonia can make fish become lethargic and even cause them to die off. Higher concentrations of ammonia are more likely when dissolved oxygen levels are very low or when the water is polluted. The introduction of floating fountains or submersed aeration systems can help maintain healthy levels of both oxygen and ammonia.

phoslock nutrient remediation on the job

Testing Phosphorus Levels

Another parameter measured is phosphorus, another essential element of all living things. However, when in excess, it can cause many systemic changes to the ecosystem such as increased production of algae and aquatic plants, as well as depletion of fish species. How can we stop this from happening and create a balanced ecosystem? Try reducing fertilizer use around your lake or pond and treat phosphorus-laden bottom sediments with nutrient remediation solutions like Alum, Phoslock, or biologicals.

lab 13 - water quality testing - lab assessments - water survey - algae and aquatic weed control

Testing Nitrogen Levels

Nitrogen is a similar parameter measured during water quality testing. Nitrogen provides food for plants, algae, fish, and smaller organisms in the water. Nitrogen can enter the water through fertilizer runoff, and when in excess, it can lead to the growth of nuisance aquatic plants and algae, creating an unbalanced ecosystem. To maintain healthy levels of nitrogen, reduce fertilizer runoff to water resources, and implement nutrient remediation solutions when needed. Excess nitrogen levels, along with other elements, can be reduced by repairing erosion damage and establishing a native vegetative buffer and littoral zone that helps filter excess nutrients before they enter the water column.

Paragraph 5 - _Nuisance vegetation and algae sol pro plan annual maintenance water testing lake and pond management nutrient remediation on the job

Testing Alkalinity Levels

Another parameter commonly tested is alkalinity. The alkalinity of a waterbody is very important. Think of this in terms of human physiology. Your blood pH should always be balanced to allow enzymes to function effectively. In lakes and ponds, alkalinity is a measure of the waterbody’s ability to neutralize acids and bases, and thus, maintain a stable pH level. If the alkalinity is too low, this can lead to dangerous pH swings, which can become life-threatening to aquatic life. Professional liming is often recommended to increase alkalinity and prevent pH swings.

water-quality-testing-lake-maintenance

Stay Ahead of Water Quality Issues with Regular Testing

Knowing the levels of each water quality testing parameter is vital. Through recurring water quality testing and monitoring, aquatic resource experts can develop effective management plans that meet the needs of your waterbody. SOLitude is proud to offer a variety of water quality testing packages, tailored to fit the needs and budget of your waterbody. With insight from our biologists, you can stay ahead of water quality issues and maintain a healthy, beautiful waterbody year after year.

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Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association by Katzman Chandler

Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association by Katzman Chandler

  • Posted: Apr 03, 2023
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Have you heard about our “Collect 4 Free” Program? Find out how it protects and benefits your Community Association

by Katzman Chandler

SAVE YOUR ASSOCIATION MONEY & ENSURE FINANCIAL STABILITY.

Katzman Chandler’s Collect 4 Free Program

We guarantee, by written contract, that your Association will NEVER receive an invoice for Costs or Legal Fees advanced and/or incurred by our Law Firm in providing delinquent account collection services under our “COLLECT 4 FREE” Delinquent Account Collection Option.

Contact us today, and let us show you how you can immediately reduce the potential future monetary shortfall in your Association’s budget resulting from owner delinquency, as well as ensure a healthy financial future for your Community…

COLLECT 4 FREE!Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option is a truly unique program that guarantees, in writing, that your Association will NEVER receive an invoice for Costs or Legal Fees incurred by our Law Firm in providing delinquent account collection services.

Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option promotes efficiency in your Association’s operations by allowing your Community to timely and effectively pursue delinquent accounts and quickly collect delinquent assessments owed, rather than unnecessarily carrying delinquent owner debt on the Association’s books for extended periods of time.

Katzman Chandler’s “COLLECT 4 FREE” Delinquent Account Collection Option provides your Community with the ability to pursue delinquent accounts while avoiding the potential Risk, Liability and/or Financial Exposure to your Association for the payment of Costs and Legal Fees traditionally associated with Community Association Collection and Foreclosure actions.

Why Collect 4 Free?

Engaging Katzman Chandler and electing to take advantage of our “COLLECT 4 FREE” Delinquent Account Collection Option makes complete financial sense for nearly all qualifying Community Associations, including yours. Most Associations qualify. Call us today to confirm that yours does!

We are so confident in our ability to successfully collect upon your newly delinquent accounts, that we are willing to shift the ultimate financial responsibility for the Costs and Legal Fees incurred in the process from your Community to our Law Firm.

Our confidence in this regard comes from our depth of experience in not only handling delinquent account collection, but forecasting trends in delinquent account collection.

Katzman Chandler’s attorneys and staff have successfully resolved tens of thousands of delinquent assessment accounts on behalf of Community Associations over the past two decades, and welcome the opportunity to collect your Community’s delinquent accounts as well – with COLLECT 4 FREE!

If you are a new addition to the Katzman Chandler family of clients, and have delinquent accounts in collection with your prior attorney, Katzman Chandler can take over your Association’s existing/aged collection files and pursue them under a full advancement of Costs and Legal Fees option.

In addition to the obvious benefits of our “COLLECT 4 FREE”, we offer robust online status reports available 24/7, paperless communications sent automatically via email and an owner website portal to facilitate communication, expedite payoffs and obtain quick settlements of delinquent accounts.

Contact us today:

Schedule a Complimentary Consultation

“WE WANT TO BE COMMITTED TO YOUR COMMUNITY”

by clicking the following link: https://bit.ly/3ZHoWOY

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The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund 

by, Dee Rowe, CACM, Contributing Author

Once upon a time, benevolent Prince Sanders was afraid that people would lose their homes because they were unable to pay their mortgages or HOA fees. You see, a nasty respiratory disease was ravaging the kingdom and all surrounding kingdoms. Workers not deemed essential were forced out of work to limit the spread of the disease. The price of essential goods and services skyrocketed. Even once a “return to work” was announced, for many business owners and employees there was no work to return to. The kingdom was in crisis.

Since he was Chairman of the kingdom’s Senate Budget Committee, he and 11 others authored theAmerican Rescue Relief Act, which included a Homeowner Assistance Fund designed to keep those people from losing their homes and keep their public utility services active. The problem was, nobody told the homeowners, or those responsible for the communities they lived in.

Meanwhile, in a Far-Off Corner of the Kingdom

Mary was contrary, and could you blame her? She was a single mother with three small mouths to feed. Her ex-husband ran off with Sally years ago and now lived in a cottage by the sea selling seashells. That left Mary to care for the gardens ​of silver bells, cockleshells, and primroses all in a row. There was a time before the pandemic when her business thrived. Weddings were large, formal affairs, and nobody’s flowers were prettier than Mary’s. Brides paid a pretty penny for her services. But now weddings were smaller and more intimate. Because everybody’s budgets were stretched tight, brides cut expenses wherever they could. That included Mary’s flowers.

With the sun sinking on the horizon, Mary put the gardening tools in the shed and trudged into her small house. The children would be hungry, and someone had to feed them. Opening the nearly bare cupboard, she groaned. Once again, they would be eating beans and rice. As she measured the rice, her hand scraped the bottom of the barrel. Even beans and rice would soon be a luxury. Forcing a brave face, she served the children dinner and busied herself with chores while they ate. She ate their leftovers to make sure they got enough. Her stomach growled and grumbled, but she was used to ignoring that. She’d been doing so for a couple of years, ever since the virus started spreading.

Before she put the little ones to bed, she walked to the end of the driveway to get the day’s mail. Inside the mailbox was another notice from the HOA about her missed payments. Tears welled up in her eyes. How was she supposed to pay when there wasn’t enough to eat, and every penny went toward keeping the bank from taking her home? Now the association was threatening to take her home too. What would they do then? She wasn’t eligible for bankruptcy, because she’d had to file for one after her divorce.

Hands shaking, she placed the notice on the kitchen table and tucked her children into bed, noticing as she did so that all their nightclothes were threadbare and too small. Once she was back in the kitchen, she picked up the notice and read it again. “Due to the non-payment of assessments, your account has been referred to an outside agency for collections. Please contact them at once to avoid foreclosure.”

This time, tears did more than well up, they spilled down her cheeks and left spots on the table. With her head in her hands, she sobbed into the night until she fell asleep right there in the kitchen. Her dreams were troubled and chaotic, with visions of fire-breathing dragons scorching her home and beautiful gardens to the ground.

They Aren’t Dragons, They’re Heroes

The next morning, after the children ate their oatmeal and headed off to school, Mary called the collection company the HOA referred her case to. She braced herself for battle, recalling the fire-breathing dragons from last night’s anxiety-fueled dreams. Much to her surprise, that mental armor turned out to be unnecessary.

S​he spoke with a friendly and helpful representative from Axela Technologies, who was sympathetic when Mary described her financial position. The representative suggested that Mary try applying for something called the Homeowner Assistance Fund (HAF) because an online map showed that her part of the kingdom may have funds available to cover the mortgage, utility costs, and even HOA fees since her hardship was caused by the pandemic and started after January 21, 2020. The helpful rep also arranged it so Mary would not lose her home while waiting for a decision from the HAF. She was so relieved she began to cry over the phone because she felt hope for the first time in years. “You’re my hero”, she told the Axela employee.

I​t Isn’t a Fairy Tale but a Well-Kept Secret

As she worked in her gardens that day, Mary wondered why she’d never heard of the HAF before. There were probably others like her; hardworking people who had no savings or credit to see them through when the pandemic shut the kingdom down. People who had spent the years since the return to work trying to find work or customers. People who were desperate to keep the homes that they loved and that kept their families safe and warm. Good people who wanted to pay their HOA fees but had to choose between that and feeding their children.

After waiting as patiently as she could, Mary got an answer from the HAF. Hands trembling, she opened it and read the decision over the phone to that helpful representative from Axela Technologies she had first spoken to. “Your application has been approved.” Once again, she was crying, this time tears of joy.

Later that day, Mary wrote a letter to the board of directors of the HOA thanking them for working with anethical company like Axela Technologies, and not a predatory collection service. That letter was the first communication the board received from her that wasn’t contrary.

For a real-life collection fairy tale like this, contact us at Axela Technologies today. We offer creative solutions, not threats and ultimatums.

 

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Flood Preparation & Finding the right companies is Key for your Properties

Flood Preparation & Finding the right companies is Key for your Properties

Flood Preparation is Key & Finding the Right Companies to help

The United States federal government has financial incentives for municipalities which implement flood preparation systems, but the policies must be in line with FEMA guidelines. Towns with programs in place for flood management also can provide incentives to individuals to get reduced flood insurance rates. Many community governments already have programs in place, but these plans and programs must be updated, reviewed and enforced to match FEMA’s updates.

Your community may not be able to prevent floods, but with proper preparation and a plan your condo and hoa can be prepared for any problems. Accurate weather information is paramount to flood preparation. Your emergency management crews and first responders may benefit from weather tracking systems that send out alerts by email, text, and push notifications to keep everyone up-to-date with accurate information. During an ongoing severe weather event, you may need to call on professional for support. A flood might be an overwhelming occurrence, but you can do a lot in advance to keep your community safe.

 

Floods can overwhelm communities in just a matter of minutes. By being proactive, your community can reduce flood risks. Here are six ways your town can be prepared:

1. Encourage residents to be prepared for a flood

FEMA has a great brochure that outlines steps each family should take before flood season to stay safe during flooding. This brochure also offers property management ideas for individuals. Every home should know their flood risk and know how to stay informed about flood information.

2. Have an emergency plan that outlines procedures for every department and agency during a flood

Establish a chain of command for management operations. In high-risk areas, it’s a good idea to practice for emergency operations before a real flood occurs. Maintain infrastructure that presents flood risks. As required by the State of Florida Your greatest asset can be your community website! Let all of your community owners know to keep an eye out for flooding and have a way for them to inform you the Board and Management Company in the event of a problem.

3. Maintain infrastructure that presents flood risks

Take care of small stream crossing or culverts where floods might be more common. Keep your Storm Drains and Pipes clear of debris, and make sure your drainage systems are working properly , and Please watch for changes in the course of water in the community and take action when necessary.

4. Watch water flow during rainfall, especially on hard surfaces

Roads and parking lots actually speed water flow, which can be quite dangerous. Make sure water can flow into drainage systems adequately without causing damage. Encourage residents to reduce runoff by implementing rain gardens or other green systems.

5. Discourage construction in flood hazard areas…

or at least comply with floodplain development standards. Check flood insurance rate maps before planning any development.

6. Develop a mitigation plan to take steps now to prepare for future floods

One key element of this plan can be is alerts to residents to the potential of heavy rainfall and damaging winds to allow them to prepare and get to safer ground.

To learn more about protecting your community from flooding and severe weather, contact us for more information about weather solutions from our members ready to help. We can set you up with a member company that matches the weather needs of your community and the goals of your Condo and HOA.

 

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FIND PUBLIC ADJUSTERS FOR WATER DAMAGE CLAIMS FOR YOUR COMMUNITIES

It is extremely important that a method be established as soon as possible after the loss, to resolve this aspect of the claim.  Members, with its years of experience will assist you with these important decisions. Search our Directory for top companies Roofing, Adjusters, Law Firms /Storm Damage, Restoration Companies, and many more.

SFPMA – Members Directory ( http://Find-a-Service.com ) 

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Sarasohn & Company –  Public Adjusters

In order to properly adjust any claim for damage to a structure, it is important to prepare a detailed repair estimate.  Sarasohn & Company will do that on your behalf.  Whenever necessary, we will employ the services of architects, engineers, contractors and other independent experts at no additional cost to you.

561-368-5000

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Stellar Public Adjusting Services

Our qualified public adjusters are here to assist and direct you throughout the insurance claim process. We make sure that your claim is properly assessed and documented to obtain the maximum claim settlement you rightfully deserve.

305-710-7922

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You can also find out more on our Storm Damage Claims Pages for your properties

FIND PLUMBERS, PIPE REPAIR AND STORM DRAIN CLEANING AND REPAIR COMPANIES READY TO HELP!

below are a few of our members to call for flooding help in Florida.

BROTHERS BACKFLOW SPECIALISTS

Broward: Ph. 954.382.2099 | Dade: Ph. 305.267.3992

Brothers Backflow Specialists is state licensed and insured in the plumbing and gas industry. Our technicians specialize in plumbing, backflows, propane, natural gas, medical gas and water restoration including everything from installing gas lines, testing backflows and repairing broken plumbing pipes. We provide services for commercial, residential, industrial & farm properties from Monroe to West Palm Beach County as well as backflow services in Orlando, Florida. Brothers Backflow Specialists is here to serve you 24 hours a day / 7 days a week and no job is too big or too small.

 

Pipe Restoration Solutions

561-602-8660 Pipe Inspection, Pipe Cleaning, Pipe Lining and Pipe Replacement Company

When PRS looks at a project we want to ensure we are putting the “right” solution to the problem at hand.  Every project has its unique needs based on overall job scope, site conditions, project timeframes and difficulty level. At Pipe Restoration Solutions, we have found that when high-quality material and creativity comes together something special happens… Projects are completed with excellence and above expectation; Long term relationships are built; Problems are permanently solved.

 

GreenTeam Service Corp

(954) 210-4100 The elite in our industry “Exceptional Service, No Exceptions” We are dedicated to achieving and maintaining consistent innovation, integrity and unparalleled professionalism as well as customer service.

GreenTeam is an organization dedicated to providing the highest quality of service, to multiple vertical markets. The company performs Plumbing and Electrical services in South Florida. GreenTeam clients include but are not limited to: Class A Office buildings, healthcare facilities, educational facilities, Hotels and Resorts, Condo Associations, industrial warehouses, and residential. Our mission statement is simple, Exceptional Service, No Exceptions.

 

Glentronics – PHCC Pro Series Pumps

Call Jerry Morris at 800-991-0466 # 119

Glentronics is a manufacturer of several consumer products including sump pumps, battery backup sump pumps, water alarms and plant lights.

Our goal is to create products that solve the needs of our customers. We believe in designing high quality products that the homeowners, Building Engineers, and Facilities can rely on.

Glentronics Inc (manufacturer of Basement Watchdog and PHCC Pro Series Pumps) is a family run business and our goal is to take care of every customer just like they are family. Through innovation and dedication, we have led the way in Water Alarms, Battery Back Up Sump Pumps, AC Sump Pumps, Sewage Pumps and Combination Pumps.

 

It’s important to know when flood season occurs in your community so you can be prepared personally and civically.

Flooding is a serious event that can cause fatalities and serious injuries to people who are trapped or swept away by the high waters. Flooding can also:

  • Disrupt transportation routes
  • Disrupt utility services
  • Pollute drinking water supplies
  • Cause erosion, damaged roads, bridges, levees, and buildings
  • Create landslides or mudslides
  • Cause thousands of dollars of damage to homes

Take the time to search for other companies like

ROOF REPAIR,  LEGAL PROPERTY DAMAGE ATTORNEYS, AND ENGINEERS TO COME AND INSPECT YOUR BUILDINGS AND PROPERTIES

 

Find Members ready to help with Management, Business and Maintenance for your properties.

Property Maintenance is an integral part of managing the day to day operations for every type of property. First impressions are sometimes the only impression a potential tenant or owner has of a property. We pride ourselves on maintaining a Florida Directory of Companies that work with Property Management, Condo and HOA properties throughout the State of Florida.

Find-A-Service – Our Branded Page for our Members Directory on SFPMA.  Search the Many Categories and Find Top Companies that work with Florida’s Property Management Industry

 

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