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

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

This condominium HOA was ready to make a change to the appearance of their building. After researching multiple companies, they selected Chucks Painting Inc to complete this project.

This condominium HOA was ready to make a change to the appearance of their building. After researching multiple companies, they selected Chucks Painting Inc to complete this project.

  • Posted: Jan 14, 2026
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Located in Pompano Beach Florida.
This condominium HOA was ready to make a change to the appearance of their building. After researching multiple companies, they selected Chucks Painting Inc. to complete this project.
 
“We are happy to say they were not disappointed and we exceeded their expectations.”
 
 

Please call or email Chuck’s Painting Inc. for all your Commercial, Residential and Industrial painting needs.

954-868-0494

 

 

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‘Tis the season to be jolly, but safety should always come first! Here are some Christmas tree fire safety tips to keep your holiday celebrations worry-free:

‘Tis the season to be jolly, but safety should always come first! Here are some Christmas tree fire safety tips to keep your holiday celebrations worry-free:

  • Posted: Dec 18, 2025
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‘Tis the season to be jolly, but safety should always come first! 🚒 Here are some Christmas tree fire safety tips to keep your holiday celebrations worry-free:

 
💦 Keep it Hydrated: Water your tree daily to prevent it from drying out and becoming a fire hazard.
 
🕯️Placement Matters: Position your tree away from heat or open-flame sources, like candles, heaters and fireplaces. We know, there are not many fireplaces in South Florida, but just in case 😉.
 
💡Lights Check: Inspect your holiday lights for any frayed wires or damaged bulbs before decorating.
 
🔌Unplug at Night: Remember to turn off tree lights before heading to bed or leaving home.
 
🎄Quality Ornaments: Use non-flammable or flame-resistant decorations to minimize risks.
 
🧯Fire Extinguisher Ready: Have a fire extinguisher nearby, just in case.
 
We hope you follow these tips for a safe holiday season! While we are hopeful that you won’t experience any fire damage, remember that we are here for you, and we can manage ANY damage! 1-877-224-2532.
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Holiday season is here! As Floridians, we are no strangers to stressful traffic conditions.

Holiday season is here! As Floridians, we are no strangers to stressful traffic conditions.

  • Posted: Dec 18, 2025
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Holiday season is here! As Floridians, we are no strangers to stressful traffic conditions. Those everyday conditions combined with holiday shopping and increased tourism can unfortunately lead to an uptick in auto accidents. Here is some helpful information in case you or a loved one is involved in an auto accident this season. As always, if you need us, give us a call at 407-478-4878

Important Legal Tips To Protect You After An Accident

By Brett Sahm, Esq.

What do you think the number one tactic is that an at-fault driver’s insurance company will use against you?

ANSWER: If you are injured in the accident, the other driver’s insurance company will try to make the case that you were injured before the accident.

Even if you were feeling completely fine before the accident, the insurance company will attempt to blame some portion of your injuries, pain, suffering, and medical bills on something that happened in your past.

You might be saying to yourself:

“If I didn’t feel pain, or seek medical treatment, for several months or years before this car accident, why would they claim that my injury wasn’t solely related to the car accident?”

The answer resides in Florida standard jury instruction 501.5, entitled “other contributing causes of damages.” Under 501.5, a judge instructs Florida jurors to determine which percentage of a plaintiff’s injury was due to a pre-existing condition, and which percentage of the injury was due to THIS accident (the exacerbation of a pre-existing condition and/or a brand new injury).

If an insurance company can point to anything which may have contributed to your current injury – such as, a prior car accident (even a fender bender), a prior sports injury, a prior fall of bike accident, lifting heavy weights, working a tough job with manual labor, a prior surgery – the insurance company will do everything they can to shift blame to those prior occurrences.

Why?

Because their goal is to persuade the jury to attribute a smaller percentage of the blame to this accident. If the jury only assigns 50% of the blame for the injury to this accident, the insurance company saves thousands of dollars and you lose thousands of dollars.

So, knowing that this is ALWAYS the insurance company’s main strategy, what can you do to help yourself after an accident?

Here are my main tips.

1. Watch what you tell your doctor and watch what you put on your medical intake forms.

Everything you tell your doctor is subsequently put into your medical records. Medical records can make or break a case. If you talk about prior injuries, prior pain, strenuous work, lifting heavy weights, that all goes into the medical records.

If it goes into the medical records, the insurance company will see it, and they will use it as a sword against you. Do not give them ammunition to use against you!

2. In certain instances, you will not be able to keep prior medical conditions out of the medical records.

For example, if you had prior lumbar/lower back surgery, you will need to tell that to your chiropractor or orthopedic. Also, the fact that you had surgery is obvious from the MRIs. However, be sure to tell your doctor how long you were pain free prior to this accident.

How long was life sailing along smoothly before this accident? Tell that to your doctor. Also, and this is extremely important, get the actual films from your previous MRIs and make sure to give them to your attorney. If your prior lumbar MRI shows two bulging discs and one herniated disc, and your new MRI shows five herniated discs, then you have clear evidence of exacerbation of the previous injury and also a brand new injury.

Therefore, the most important thing is to have all your MRI films so that a radiologist or orthopedic can compare what was going on before with what is going on now. If something new is going on now, then the insurance company can’t blame it on some past event(s).

3. Photographs matter!

Although someone can get seriously injured from a minor impact, perception matters to a jury. If you have a small dent in your bumper, no matter how hurt you may be, do you really think that your average juror will believe that your injuries are solely from this accident? Probably not.

So what can you do about it?

Well, first off, if there was major damage to the vehicles from this accident, make sure to get a lot of photographs of both vehicles (and your body if there is bruising, cuts, etc.). The more damage in this accident, the easier for a jury to believe that this was the accident that caused all your injuries.

Second, if you have been in prior accidents, and they were fender benders or minor, give your attorney photos of the damage from those accidents. As I said about comparing the MRI films to show an exacerbated or new injury, we can show pictures of both accidents for the proposition that this accident was markedly worse than the last one.

4. Do not offer up information to any insurance company.

Sometimes, the at-fault driver’s insurance company will want you to give a recorded statement after the accident, or they want you to sign a medical record release.

First off, get an attorney. Once you are represented, everything has to go through your attorney, and your attorney will be keen to the game the insurance company is playing. You might say to yourself: well, it’s clear that the other person is at-fault, maybe I can save money by just working with the insurance company myself instead of retaining an attorney.

The problem is: you don’t know the game, and they are masters of the game. Chances are, they will find something out about your past medical history, or they will be sneaky and find out that you played high school football, and then they won’t offer you money for your claim because they’ll say your injuries arose from your prior accidents or activities.

Don’t do this. Don’t do recorded statements. Don’t offer them any information without seeking counsel.

5. Gather all of your prior medical records

Be sure to include routine primary care physician records for the last 10 years and provide these to your attorney. Chances are that the latest records before the accident will show reduced, diminished, or non-existent pain levels.

Perhaps the visit was for something completely unrelated, and you had no pain. This is good. It shows that this accident caused the pain, and you weren’t seeing a doctor for this pain for an extended time prior to THIS accident.

Prior medical history can actually be used by your attorney to help your case.

6. Think about what you could do before THIS accident versus WHAT you could do after the accident.

Was life limited in some way? How?

Here’s an example: could you work at a certain occupation before the accident that you can’t work at now because of extended standing or sitting?

I had a client get in a serious accident after having just received a job offer which would have been a substantial increase in pay. She had to decline the job because she was not able to physically perform it. But she could have performed it before the accident. Proof of things like this can help with the current injury versus pre-existing injury argument.

7. How you present yourself matters, whether it’s online or at a deposition.

Ultimately, a jury will decide your case. Either that, or the insurance company will make an offer to settle before trial. You often are the most important factor in your case!

Are you believable? Are you likeable? Do you come across as genuine and honest? Do you dress professionally? Are you making an attempt at growth in your life? All of these things matter.

That’s why your deposition is so important. It is your opportunity to relay the truth to opposing counsel. While a prior injury will be targeted by opposing counsel in his/her questioning, you can make it clear that you were pain free before and you are impaired now. You can state all of the things you could do before the accident that you can’t do now. You can tell opposing counsel all of your friends and family who will testify regarding your condition before and after the accident.

 

But the most important thing is whether the opposing counsel thinks a jury will believe you. Do you come across as someone who is genuine and likeable? Or, do you come across as someone who is exaggerating her symptoms? My biggest pre-suit settlements are those where opposing counsel has taken the deposition of my client, and my client comes across as educated, hard-working, disciplined, and eloquent.

People have sympathy for those who are truly trying to improve their situation (routinely going to doctors, independently seeking knowledge of how to help themselves), but simply cannot because of the injury. Your attorney will help you prepare for the deposition.

There’s one important point that your attorney will likely tell you: if you can’t truly remember seeking prior medical treatment for any prior injuries, don’t simply offer up what you think.

Along the same lines, if you can’t specifically remember doing anything strenuous which could cause injuries, don’t simply say you “think” you did something. Remember, the opposing attorney is trying to discover a prior medical history of similar injuries, or a prior history of things you did that could have contributed to an injury (even if you didn’t specifically seek out treatment).

Do not offer up information unless you are certain about the information. Everything, and I mean everything, from your past will be used against you in an attempt to get reduced damages from a jury. So, be careful what you offer up freely.

 

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Finding top Companies is important for Property Managers Condo & HOA Boards.

Finding top Companies is important for Property Managers Condo & HOA Boards.

  • Posted: Nov 26, 2025
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It starts with: Membership and being listed on the Florida Directory.

Property Managers, Condo & HOA Board Members use our members for repairs in the buildings and communities they manage, for them this equates to happier residents, fewer high-priced emergency repair bills and cost savings overall. Through your membership we help with forming relationships in our industry that lead to increased business for your company and lasting relationships for you.

Board Members that represent Condos and HOA’s all over Florida. Property Management Companies, Property Owners and Private Landlords that wish to stay informed and up to date with our industry.

For these people having a reliable source is important to them and with our goal of “Having a Trusted Member to care for their Properties either through Management, Business Related Services or Maintenance Services” is what they get!

 

When you are listed on the Florida Directory, Clients can find you as one of the Top Companies used in our industry. Your company will benefit from being listed.

“Start forming lasting relationships in the Property Management Industry”

 

Sign up On-Line Today: Select Categories and the counties you work in?  – Fill out the information Form send to us,  – Become a member!

You should take advantage of professional associations it allows you to meet like minded professionals and opens up opportunities for future business ventures and lifelong partnerships. 
 
1. You are listed on the Website Members Directory.
2. Write Articles (our Blog) we send to the Industry Professionals, Let them get to know what you do!
3. Take out Advertising in the Magazine and Write Articles ( Half Page and Full Page Ads)
4. Get Listed this year: Business, Service or Property Management Memberships
(the memberships are set at recurring auto billed only one time per year)
 

Once you fill out the Company Information Form and Make the online Membership fee payment we will upload the information and assign it to a page for your company. Any Form sent without payment will not be uploaded to our Directory, Thank You

 

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Property Managers

Listing your Company on the Directory is important
We give clients the information to make an informed decision about which property management company to use. Addressing the questions for owners and board members helps them to understand what a manager does and how important it is to take the time to find the right company for there properties.

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Business

Using the right company the first time solves your problem faster
Many clients are using the Listed Companies to find accounting, architecture, collections, insurance and building claims, public relations, telecommunications, tower management, and web design to name a few. When they use our Florida Directory combined with their company’s in-house dept’s they get companies that have passed our screening and industry standards.

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Service Vendors

When they are looking for the highly trained companies who are licensed, bonded and insured that is what they get!
Many property managers use the companies on the Florida Directory for faster quality repairs in the buildings and communities they manage, this equates to happier residents, fewer high-priced emergency repair bills and cost savings overall.

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Don’t let a natural disaster catch your community off guard! Take charge and be prepared!

Don’t let a natural disaster catch your community off guard! Take charge and be prepared!

The coastal Northeast is experiencing a concerning trend of heating at a faster rate compared to other regions in North America. Researchers have identified a strong correlation between the accelerated warming and the rapidly increasing temperatures in the North Atlantic Ocean and increasing storm intensity. Natural disasters such as hurricanes, tornadoes and coastal flooding can strike at any moment, leaving communities devastated and in need of immediate assistance. It is crucial for communities to be prepared in order to minimize the impact of these disasters and ensure the safety of their residents.

Preparing your community for a natural disaster is crucial to minimize damage, save lives, and facilitate a swift recovery. Here are a few steps to assist with your preparation:

Assessment and Planning:

  • Identify the types of natural disasters that are common in your area, such as earthquakes, hurricanes, floods, wildfires, or tornadoes.
  • Conduct a thorough risk assessment to understand the potential impact of these disasters on infrastructure, buildings, and residents.
  • Collaborate with professionals to create a comprehensive disaster preparedness plan.
  • Make sure that the community has backed up records of their site plans, architectural and structural drawings, as this can greatly assist in the post disaster assessment and recovery process.

Initial building evaluation performed based on the severity of the storm/event:

  • The degree of safety & habitability of the subject building is not always obvious. If there is any doubt or question that there may be structural or building envelope damage to a building, call you Professional Engineer or Architect and have an evaluation performed.
  • In some instances, you may be required by your local municipality to have your professional assist with stabilizing the structure before parties can enter the structure to collect personal belonging that may remain.

Communication and Engagement:

  • Establish a reliable communication system to disseminate information before, during, and after a disaster. This can include email, social media, or text alerts.
  • Designate community leaders or volunteers responsible for communicating updates and instructions.

Contact Insurance:

  • It can take a while to get adjusters to scene following an event. Be sure to take before, during and after photos of any damage that occurred.

Post-Disaster Recovery:

  • Establish a recovery plan that includes damage assessment, debris removal, and restoration of essential services.
  • Plans and specifications may be required to repair or reconstruct the building, depending on severity.
  • Code requirements can impact the work based on if it is classified as repair vs reconstruction. This needs to be carefully reviewed and considered as insurance carriers may try to exclude some of the necessary work, so the Architect or Engineer needs to be well versed on preparing plans for this type of work.

Remember, disaster preparedness is an ongoing effort. Regularly review and update your plans based on new information, changing community demographics, and emerging technologies. By taking proactive steps, you can help your community minimize the impact of natural disasters and ensure a more resilient future.

Contact our team for more information how to be proactive! 

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The Falcon Group
Miami
15405 NW 7th Avenue in Miami, FL 33169
ph: 305.663.1970 x509
info@falconengineering.com
 
WEST PALM BEACH, FLORIDA
5651 Corporate Way, Suite 4, West Palm Beach, Florida 33407
Phone: 561-290-0504
info@falconengineering.com
 
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Preparing for Extreme Heat: The New Natural Disaster by Donna DiMaggio Berger of Becker

Preparing for Extreme Heat: The New Natural Disaster by Donna DiMaggio Berger of Becker

  • Posted: Jul 08, 2025
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Preparing for Extreme Heat this Summer: The New Natural Disaster

by Donna DiMaggio Berger / Becker

The word “hot” has many connotations: it can reveal anger when you say someone is “hot around the collar”; it can invoke personal appeal or desirability “he’s so hot”; it can refer to a disorganized person or situation, hence the description as “a hot mess”; and can also be used to describe an emotional issue or topic as a “hot button”. However, since the earliest of times, the word hot has been used to describe the temperature and we’ve been hearing this word a lot lately in many parts of the US given the ongoing heat waves. More than 61,000 people died because of the heat waves that swept the European continent. We won’t know for some time how many US fatalities have occurred due to our extreme heat during the summer.

Extreme heat can cause dehydration, heat exhaustion, exacerbation of existing medical and mental health conditions, respiratory distress, and heatstroke. Dehydration can cause dizziness, fatigue, and muscle weakness. Heat exhaustion may result in heavy sweating, nausea, headache, rapid heartbeat, faintness, and muscle cramps. Extreme heat can more greatly affect people with underlying respiratory, cardiovascular and kidney disorders with extreme heat being tied to an increased risk of heart attacks or other cardiovascular events. Heatwaves have also been linked to diminished air quality in urban areas which can worsen respiratory conditions such as asthma. Lastly, extreme heat can impact mental well-being, leading to irritability, mood swings and difficulty concentrating, all of which can make communal living more stressful.

Dealing with extreme heat events in a multifamily building, especially for those on fixed incomes, can be challenging. What should your association board and management team be doing in response to an extreme heat event? Certainly, including preparation for heat waves into your emergency disaster plan is recommended. The following are some items you may wish to consider:

  • If your association has employees, work with counsel to review your employee guidebook particularly for employees whose work requires them to be outdoors. For those employees, you will want to be sure that they have access to plenty of water throughout the day to stay hydrated and replace fluids lost through perspiration. If those employees are required to wear a certain uniform that is not well suited to an extreme heat event, you should consider an alternate uniform for extreme heat event. You may also want to be confirm that your outside vendors who provide services outdoors have provided adequate water and protection from the sun for their workers.
  • Create shade around the building by using umbrellas, awnings, or strategically placed vegetation to reduce the impact of direct sunlight. Bear in mind that some of these shade additions may require advance membership approval.
  • Revisit any architectural control guidelines you have in place which may restrict or prohibit the use of fans on patios, balconies and lanais. Fans are used to circulate air and can create a cooling effect. Consider how curtains, blinds and blackout shades may reduce the temperature inside units particularly if a unit owner is not running the AC at reasonable temperatures. Allow people to close their blinds and/or their hurricane shutters during the day to block out direct

    sunlight and prevent heat from entering the living space.
  • Consider limiting daytime hours of play for outdoor tennis and pickleball courts as well as any other outdoor recreational areas when temperatures are soaring. Installing thermometers on the common areas may also help remind your residents about climbing temperatures.
  • Consider purchasing a whole building generator if you don’t already have one. In the event that increased electric demands during a heat wave cause a blackout or brownout that generator may save lives in your building. Naturally, a generator will also help in the aftermath of a windstorm which knocks out electricity.
  • Check in with your residents who may be living alone and dealing with physical or mental health challenges as well as economic burdens. These residents may not be running their A/C as often or at a

    temperature that is needed for their wellbeing. This is also the time to confirm that you have emergency contacts for your residents.
  • Reach out to local community organizations, social services, or government agencies that provide assistance during extreme weather events. They may offer cooling centers, fan distribution programs, or other resources for your residents.

The strategies your board and management team use in response to an extreme heat event depends, in large part, on your building’s location and infrastructure as well as the available monetary and personnel resources. However, there are some basic steps all associations can take to educate their residents about the dangers of extreme heat. The phrase, “we’re having a heat wave” doesn’t have to spell disaster in a well-prepared community.

For additional information please listen to my podcast conversation with Jane Gilbert, Miami-Dade’s Chief Heat Officer which can be found here.

 

 Donna DiMaggio Berger is a Shareholder with the Becker law firm, is Board-certified, is a Fellow with the College of Community Association Lawyers (CCAL) and is a keynote speaker and the host of the popular Take It To The Board podcast on association issues.

Donna DiMaggio Berger is a Shareholder in Becker’s Community Association Practice in Ft. Lauderdale, Florida. She is a member of the College of Community Association Lawyers (CCAL), a prestigious national organization that acknowledges community association attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. She is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

As Founder and Executive Director of Becker’s Community Association Leadership Lobby (CALL), Ms. DiMaggio Berger has led various community association advocacy initiatives, working with legislators and other public policymakers on behalf of those who live, serve, and work in common interest ownership communities. She has testified before the Florida Legislature regarding community association law and frequently appears on radio talk shows and in print media discussing these issues.

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FIDUCIARY DUTY: What it Means to Your Community Association. by REMBAUM’S ASSOCIATION ROUNDUP

FIDUCIARY DUTY: What it Means to Your Community Association. by REMBAUM’S ASSOCIATION ROUNDUP

  • Posted: May 11, 2025
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What duty does a community association board member owe to their association? What happens if that duty is breached? During the legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions.

The legislation in House Bill 919 was proposed by Representative Porras in response to the alleged $3.4 million dollar embezzlement scheme that took place at the Hammocks Community Association, located in Miami-Dade County. Parts of this proposed bill were well-intentioned; however, several provisions were commonly viewed as too broad and expansive.

On November 15, 2022, the Miami-Dade State Attorney’s Office announced charges related to the Hammocks’ criminal case, including racketeering, organized scheme to defraud, money laundering, grand theft, and fabricating physical evidence against five board members. These board members have been accused of the following:

i) running a scheme in which they used HOA checks and HOA credit cards from 55 bank accounts to pay for “no-show” work by shell companies or vendors, who would funnel money back to the directors for their personal use;

ii) withholding official records from members; and,

iii) failure to hold valid elections, among other bad acts.

If found guilty these board members overtly breached their fiduciary duty to their association.

During the 2023 legislative session, House Bill 919 initially contained significant criminal penalties to punish board members who failed to provide official records when they otherwise should have, criminal penalties for kickbacks, and criminal penalties for improper election interference, among other provisions. Such laws, while well intended, went overboard as evidenced by the creation of criminal penalties for failure to provide official records, as such severe criminal penalties for operational matters would likely only deter good people from running for the board. Recognizing this potential issue, parts of HB 919 were tempered a bit prior to it becoming law. That said, in the opinion of this author, new laws with new criminal penalties are not the answer. Bad people do bad things, and no amount of laws will likely significantly change that. So, what is the answer?

One answer is to shore up the educational and certification requirements for board members. At present, there are two ways to be certified as a board member. One method is to take a State-approved class, which provides an overview of the voluminous information board members need to know in order to perform their duties. The other method is to sign a piece of paper that the board member has read the governing documents, will abide by them, and will faithfully discharge their duties. This second method should be eliminated as there is no method to confirm compliance, and this method does not have any educational component. In addition, continuing education requirements should be required for any board member serving consecutive years.

During a board certification class, time should be spent discussing the term “fiduciary duty.” While the term is repeatedly used in Chapters 718 and 720 of the Florida Statutes, it is not expressly defined in these statutes. Section 718.111, Florida Statutes, makes reference to Section 617.0830, Florida Statutes, which provides for general standards for directors of not-for-profit corporations, such as community associations.

Section 617.0830, Florida Statutes, provides the following:

      1. A director shall discharge his or her duties as a director, including his or her duties as a member of a committee i) in good faith; ii) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and iii) in a manner he or she reasonably believes to be in the best interests of the corporation.
      2. In discharging his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: i) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; ii) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons’ professional or expert competence; or iii) a committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence.
      3. A director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) unwarranted.
      4. A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section.

Still, though, there is no express definition of the term “fiduciary duty.” The purpose of studying fiduciary relationships is to identify the areas where it exists and gain an insight into the duties of a fiduciary. After all, every board member is a fiduciary for their community association. Common definitions of the term “fiduciary” include:

      • A fiduciary relationship is a relation between two parties wherein one party (fiduciary) has the duty to act in the best interest of the other party (beneficiary or principal).
      • A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person.
      • A fiduciary duty is a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party.
      • Most importantly, and germane to this discussion, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.

In other words, a good community association board member puts the interest of their association above their own personal interests. Thus, while we may not be able to stop bad people from doing bad things, through continuing education we can help good people do better.

To recap, there are three things that can be readily accomplished that would make a positive difference for Florida’s community associations.

      1. Remove the ability of a board member to be “certified” by signature alone.
      2. Require continuing education for board members serving continuous years.
      3. Amend Florida Statutes, Chapters 718 and 720, to include express definitions of fiduciary duty so that it is made patently clear that every board member must put their community association above and ahead of their own personal interests.

 

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Need a few reasons to digitize your paper-based engineering and architectural drawings? How about these?

Need a few reasons to digitize your paper-based engineering and architectural drawings? How about these?

1- Accessibility and Sharing. Digital files are easy to search, copy and share, saving valuable time and improving collaboration.
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2- Storage and Document Integrity. Digital drawings are much less expensive to store than paper copies and are not subject to degradation over time.
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3- Flexibility. Digital drawings are easy to rework or update, streamlining change processes and speeding renovations.
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4- Details. Digital designs allow for the addition of audio or video to individual elements, providing an extra level of detail (e.g., materials, site layout, construction processes).
At the end of the day, digitization is a huge time and cost saver.
Call Us—561.372.1290
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Out With the Old, In With the New by Published by Eric Glazer, Esq.

Out With the Old, In With the New by Published by Eric Glazer, Esq.

The Presidential Inauguration is a reminder of how smoothly leadership transitions can happen at the national level. But in our community associations, things aren’t always so predictable. Discover insights into the often chaotic turnover of power in Florida condos and HOAs—and what it means for your community.

Whether you’re happy about today’s Presidential Inauguration or not, one thing is for sure and for certain; it’s going to happen. Since 1937, it has taken place at noon on January 20, the first day of the new term, except in 1957, 1985, and 2013, when January 20 fell on a Sunday. In those years, the presidential oath of office was administered on that day privately and then again in a public ceremony the next day, on Monday, January 21.

That consistency is a lot more than we can say for our community associations. How many of you have complained that our associations have not held an annual meeting or an election in forever, or at least not in the last year? What about complaints that the Board of Directors has simply changed the dates of our annual meeting on more than one occasion and extended their term in office?

The terms of Board members expire at the annual meeting. So when are you supposed to have an annual meeting and election? The date of your annual meeting is contained within your bylaws. But suppose the Board wants to have the annual meeting on another date for any variety of reasons? Can they do so? Not according to one court which held that the annual meeting must be held on the date contained in the association’s bylaws. Not to do so would be as if an amendment was made to those bylaws without the proper vote of the unit owners.

And despite this ruling, dozens, if not hundreds or maybe even thousands of condominium and HOAs won’t hold their annual meeting and election this year on the date mandated by their own documents.

The last few years has also brought drama to the country regarding the requirements of outgoing administrations to turn over official records. Trump got charged with a crime and Biden was found to have wrongfully retained official records but wasn’t charged with a crime.

When it comes to condominiums, “An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election. The division shall impose a civil penalty as set forth in s. 718.501(1)(d)6. against an outgoing board or committee member who willfully and knowingly fails to relinquish such records and property.” Surprisingly, there is no equivalent statute for HOAs, except if that director was removed by way of recall.

So today, pomp and circumstance and tradition will rule the day and like clockwork, one administration will hand off to the incoming administration. And in our community associations, no doubt tradition is likely to continue as well. Perhaps that’s a rare example of where the government works better than we think.

Eric is Board Certified by The Florida Bar in Condominium and Planned Development Law.

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one-hour show airing at 7 p.m. each Thursday on YouTube. This show allows viewers to engage in live chats with Eric and other participants but also enables a broader audience to access free advice, making valuable insights more widely available.

See: www.condocrazeandhoas.com

Eric is the first attorney in the State of Florida that designed a course that certifies condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

 

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