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ELECTRIC VEHICLE CHARGING STATIONS – CONDOMINIUMS GOING GREEN/ KBR Legal

ELECTRIC VEHICLE CHARGING STATIONS – CONDOMINIUMS GOING GREEN/ KBR Legal

  • Posted: Mar 03, 2023
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ELECTRIC VEHICLE CHARGING STATIONS – CONDOMINIUMS GOING GREEN

Is your condominium association prepared to accommodate unit owners who request EV charging stations?

The purchase and use of electric vehicles (EVs) are forecasted to grow exponentially in the next decade. To accommodate the need for new facilities associated with EVs, Florida law has required condominium associations to accommodate owner’s requests for EV charging stations.

While gasoline powered vehicles are still dominant on Florida’s roads, the ever-growing presence of electric vehicles cannot be ignored. The number of electric vehicles on our highways and streets continue to climb as they become more and more affordable. As consumers continue to embrace a greener lifestyle, Florida’s lawmakers have paved the way for condominium unit owners’ need to have access to electric vehicle charging stations. Effective July 1, 2018, new legislation, section 718.113(8) of the Florida Statutes, became effective which facilitates a unit owner’s ability to install and use an electric vehicle charging station within the unit owner’s limited common element parking space.

This new legislation prohibits the condominium association’s board of directors and a declaration of condominium provision or other restrictive covenants from prohibiting (or being enforced to prohibit) any unit owner from installing an electric vehicle charging station within the boundaries of the unit owner’s limited common element parking space, subject to certain conditions as laid out in this new legislation.

It is important to note that the right of installation of an electric vehicle charging station is ONLY applicable to the “limited common element” parking space and does not apply to a “common element” parking space. There is an important difference between a common element and a limited common element parking space. While all unit owners own an undivided interest in both, the limited common element parking space vests an individual use right to the owners of the unit to which the limited common element is appurtenant (connected to). Therefore, associations may prohibit the installation of electronic vehicle charging stations within the common elements or other portions of the condominium property that are maintained for the general use and benefit of all unit owners, but not as applied to a limited common element parking space, subject to the limitations and conditions of the legislation.

 

Thus, section 718.113(8) of the Florida Statutes, provides that, in considering a unit owner’s request to install an electric vehicle charging station, the association first must determine whether the charging station is to be installed within the boundaries of the requesting unit owner’s limited common element parking space. Whether a parking space is a limited common element is determined by the provisions of the declaration of condominium designating the parking space for the exclusive use and benefit of the owners of a specific unit.

 

If it is determined that the parking space is a limited common element, the unit owner may have the electric vehicle charging station installed subject to the requirements of the new legislation. These requirements provide that:

1) The installation cannot cause irreparable damage to the condominium property.

2) The unit owner is responsible for the costs of installation, operation, insurance, maintenance, repair, and removal of the charging station.

3) The electricity for the electric vehicle charging station must be separately metered and payable by the unit owner.

All of the above costs, if left unpaid by a unit owner, are enforceable by the association as any other assessment due pursuant to section 718.116, Florida Statutes, meaning if left unpaid their condominium unit can be foreclosed.

 

Additionally, as provided by the new legislation, the association can and should require that the unit owner:

1) comply with bona fide safety requirements, consistent with applicable building codes or recognized safety standards, for the protection of persons and property;

2) comply with reasonable architectural standards adopted by the association that govern the dimensions, placement, or external appearance of the electric vehicle charging station, provided that such standards may not prohibit the installation of such charging station or substantially increase the cost thereof;

3) engage the services of a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of an electric vehicle charging station;

4) provide a certificate of insurance naming the association as an additional insured on the owner’s insurance policy for any claim related to the installation, maintenance, or use of the electric vehicle charging station within 14 days after receiving the association’s approval to install such charging station; and

5) reimburse the association for the actual cost of any increased insurance premium amount attributable to the electric vehicle charging station within 14 days after receiving the association’s insurance premium invoice.

 

A unit owner’s “right” to install a charging stations is not, however, without limits. An association may require that the unit owner comply with all safety requirements, applicable building codes or recognized safety standards for the protection of the association property and its members. An association may also require the unit owner to engage the services of a licensed and registered electrical contractor or an engineer that is familiar with the installation and requirements of an electric vehicle charging station. An owner wishing to install an electric vehicle charging station may also be required to comply with any reasonable architectural standards adopted by the association that govern the dimensions, placement or appearance of the electric vehicle charging station. However, such standards cannot substantially increase the cost of installation.

The new law also provides for additional safeguards for the association. For example, installation of an electric vehicle charging station may not cause irreparable damage to the condominium property. The electricity for the electric vehicle charging station must be separately metered and paid for by the unit owner making the installation. Cost of installation, operation, maintenance and repair of the electric vehicle charging station, including hazard and liability insurance, is the unit owner’s responsibility. Additionally, an association may require the unit owner to reimburse the association for the actual cost of any increased insurance premium attributable to the electric vehicle charging station. The law also shields condominium associations from construction liens resulting from the installation of electric vehicle charging stations by unit owners.

The new law does not, however, say anything about what happens if the association voluntarily opts to install “common” electric vehicle charging stations. In other words, if a condominium association opts to install these “common” electric vehicle charging stations (after complying with the necessary legal requirements) it does not mean that unit owners no longer have the right to install their own charging stations. The new law also does not address who is responsible for any costs associated with upgrading the condominium’s electrical system if an upgrade is necessary to handle the increased electrical usage. (The above 3 paragraphs Originally posted on floridacondohoalawblog.com and written by Jennifer Horan)

Just our Thought: It would be nice to see Condos installing Charging Stations, Separate Meters and then Charging Electric Car owners Fees to cover costs and a little extra for the Associations. We will see what happens?

 

Although your condominium association may not have received a request for the installation of an electric vehicle charging station as yet, your board of directors should be prepared for such a request. After all, it is only a matter of time. Therefore, condominium boards should consider adopting rules and regulations governing the process by which a unit owner is required to make such a request and provide for procedures by which the board of directors is to conduct its review and approval of the request.

While a unit owner desiring to install and use an electric vehicle charging station within his or her limited common element parking space will be able to do so by way of this new legislation, the association still has the authority to govern certain aspects of the installation and use and should be proactive in making rules and regulations in line with this authority. Your association’s legal counsel can be of great benefit to the board in creating a clear and concise process governing the electric car charging stations installation and use.

 


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TO GRILL OR NOT TO GRILL, THAT IS THE QUESTION

TO GRILL OR NOT TO GRILL, THAT IS THE QUESTION

  • Posted: Jul 03, 2020
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TO GRILL OR NOT TO GRILL, THAT IS THE QUESTION

by Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

Summer is upon us, and in between preparing for possible hurricanes, dealing with the kids home from school, and planning for the summer holidays, many of us are feeling the heat and want to get out of the kitchen.  We want to grill our food, especially on the 4th of July.

However, the State of Florida has rules about that.  If you live in a Florida condominium, you will want to think twice about grilling on your balcony.  Florida Statutes require that every three years a new edition of the Florida Fire Prevention Code must be adopted; and at the end of 2017, the Sixth Edition of the Code permitted the use of certain electric grills which had been previously prohibited.

 

Here’s what the old rule said: 

​With respect to cooking equipment, Section 10.10.6.1 prohibits using or kindling “hibachis, grills, or other similar devices for cooking, heating, or any other purpose on any balcony, under any overhang portion, or within 10 ft (3m) of any structure, other than in one and two-family dwellings.”

Here’s what the new rule says:

Section 10.10.6.1.1 allows “listed electric portable, tabletop grills, not to exceed 200 square inches of cooking surface, or other similar apparatus.” In other words, if you have a qualifying cooking apparatus that is sanctioned by the Code, you can now grill on your balcony!  What does “listed” mean?  It means that United Laboratories (UL) has tested representative samples of the product and determined that it meets UL’s requirements.  For a product to become UL Listed, it must go through several tests and meet high safety standards.

But there’s still a catch:

If your association has adopted any rules that run counter to the minimum requirements of the Code and impose stricter requirements, those rules then apply.  Check with the Board, check the association’s bylaws, check the association rules and regulations, and then think before you grill!

 

Many times, the main problem is not the grill, but the smoke that causes a nuisance to other owners.  Smoke can become ​the real issue rather than the size of the apparatus.  The last thing you want is to have the fire department arrive because a neighbor smelled smoke coming from your balcony and thought there was a fire.  Happy grilling!

Read more Articles from: Royale Management Services, Inc. Find them direct on their Website > 

Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

 

 

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Here are five holiday party ideas that are sure to please your residents

Here are five holiday party ideas that are sure to please your residents

  • Posted: Nov 25, 2018
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Want to throw a holiday party that will bring residents of your community together for a fun-filled evening?

Here are five holiday party ideas that are sure to please your residents:

 

  1. Tacky Sweater Party

While so cliché these days, hosting a tacky sweater party is a great way for residents to break the ice and start mingling with each other. The ugly holiday sweater that was once popular in the 80s is making a big come back, and residents can easily find this festive attire online or come up with their own creations. Encourage residents to channel their inner-tackiness by offering prizes for the ugliest sweaters. If hosting the party at your neighborhood clubhouse, you can spruce up your community amenities for the event with bright-colored lights, oversized holiday inflatables, and tinsel-filled trees.

 

  1. Holiday Caroling Party

Round up your neighbors to meet at the community clubhouse for hot chocolate (and perhaps a seasonal adult beverage) and holiday cookies. Once everyone arrives, head out for an evening of holiday caroling. Having several copies of sheet music on hand will be beneficial for the group. It’s also helpful if you notify neighbors ahead of time that you will be caroling in the community to ensure that you will have an audience.

 

  1. Beer Tasting Party

There’s a very good chance that residents in your community have been to a wine tasting party, but what about a beer tasting party? Craft beer is on the rise, and it seems as though there are new breweries popping up in Florida every day. Encourage your guests to make an unbiased vote on their favorite beers by concealing the beverages in brown paper bags. As the evening comes to an end, make a toast and reveal the winning beers.

 

  1. Holiday Cookie Exchange Party

A cookie exchange is a classic holiday party and provides guests with an opportunity to load up on a diverse selection of festive cookies. Ask each guest to bring two dozen cookies and copies of the recipe to trade at the party. You can choose to either ask guests to bring a separate container to collect the cookies or provide containers for the guests.

 

  1. Winter Wonderland Party

While snow is a rare site in Florida, you can still get into the holiday spirit by hosting a winter wonderland party. Choose food and beverages that correspond with the snowy theme, such as marshmallows for roasting, snow cones, cheese fondue, and a white party punch. Decorate your community amenities with an abundance of white string lights, and take the ambiance up a notch by renting a snow machine.

As you begin to plan the holiday party for your HOA community, take these five suggestions into consideration to throw a party that is sure to be a crowd pleaser.

 

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VIOLATIONS! IT’S NOTHING PERSONAL

VIOLATIONS! IT’S NOTHING PERSONAL

  • Posted: Nov 20, 2018
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VIOLATIONS! IT’S NOTHING PERSONAL

by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM, president, Royale Management Services, Inc.

We know that the first thing most owners think when they receive a violation notice is that they are being targeted and that the board or management is out to get them. Nothing could be further from the truth. The board is charged by the governing documents with oversight of association operations along with protecting the property value and enforcing the rules.

Violation notices are not personal or targeted. They are simply the means by which the association lets owners know about rule violations and gives them a chance to correct a problem.  Violation notices can be generated by a manager’s observations, board observations and even from observations by fellow owners. While you may feel as though you are the only one to receive a violation notice, this is generally not the case. The truth is that most of the violation notices can be easily remedied by simply fixing the problem or complying with the rule and letting management know the problem has been resolved.

We are often asked why we sent a violation notice instead of simply knocking on the door or calling. There are several reasons we send written notices.  The first is that while it’s easy to misinterpret what is said, and it can often turn into “he said/ she said,” a written notice clarifies what is being said and assures that there is a written record. The second is that it’s inappropriate and unsafe in this day and age for association employees, managers and/or board members to confront owners in person. The purpose of a violation is to get the problems corrected and maintain community standards while protecting the safety and quiet enjoyment of all unit owners.

The board and management know that rules can sometimes be complex, and it’s easy to make a mistake and violate the rule or misunderstand the governing documents. No one enjoys sending violation notices, and we all know that it’s upsetting to get a violation notice; but in truth correcting the problem and letting management know that you have taken action is all that is required to relegate it to history.

 

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Having a Building Condition Assessment performed

Having a Building Condition Assessment performed

  • Posted: Nov 14, 2018
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Having a Building Condition Assessment performed

As buildings age they become more inefficient, which can mean unnecessary, out of pocket expenditures every month. Having a Building Condition Assessment performed by a P.E. is especially important for aging facilities. It is imperative to the overall health and future of your building to conduct a “checkup” every 3-5 years. Contact us today for more information or to schedule an assessment.

Find us on the Members Directory:  https://sfpma.com/listing/the-falcon-group/

 

40/50 Year Recertification for Miami-Dade and Broward County, Florida

Is your building approaching 40 years of age? Are you aware that there may be county requirements that as a building owner you may need to comply with, known as the 40 Year Recertification?

Even if you have not yet received a “Notice of Required Inspection” by the code compliance section of your county or city, it is the property owner’s responsibility to acquire the initial 40/50-year (re)certification and to recertify their building every 10 years thereafter. Because of this, the inspections must be done by or under the supervision of a qualified, Professional Engineer (PE) or Registered Architect (RA).

Florida – Miami
15405 NW 7th Avenue
Miami, FL 33169
P: (305) 663-1970

 

 

Falcon is here to help

We provide both Structural and Electrical inspection expertise in-house with Professional Engineers, Registered Architects and Licensed Inspectors. Our professionals are able to perform site visits, prepare reports, and provide repair recommendations and specifications. Falcon can also assist with the bidding process for the repair work, along with the construction oversight to ensure all repairs are being done with all recommended requirements enforced. We provide a list of the necessary repairs in the report at no cost to you.

Our services are provided in these South Florida Cities:

  • Aventura
  • Boca Raton
  • Carol City
  • Coconut Creek
  • Coconut Grove
  • Cooper City
  • Coral Springs
  • Dania Beach
  • Davie
  • Deerfield Beach
  • Fort Lauderdale
  • Hallandale Beach
  • Hallandale
  • Hialeah
  • Hillsboro Beach
  • Hollywood
  • Homestead
  • Lauderhill
  • Miami Dade and Broward Counties
  • Miami
  • Miramar
  • North Lauderdale
  • North Miami Beach
  • North Miami
  • Oakland Park
  • Parkland
  • Pembroke Pines
  • Plantation
  • Pompano Beach
  • Sunrise
  • Tamarac
  • West Park
  • Weston

 

“The Falcon Group is one of the best for all of your Buildings. When you need architectural, Engineering Services and Structural including 40 Year Recertification. They should be the number one choice. In Florida, William Pyznar and the Team who are members of SFPMA are the type of company we stand behind for our Property Management Industry.” SFPMA

 

 

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DON’T LET TAXES COMPOUND THE PROBLEM OF A NATURAL DISASTER

DON’T LET TAXES COMPOUND THE PROBLEM OF A NATURAL DISASTER

  • Posted: Oct 10, 2018
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DON’T LET TAXES COMPOUND THE PROBLEM OF A NATURAL DISASTER

by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

In the unlikely event that you or someone you know becomes the victim of a natural disaster, and where you or where they live becomes a federally-declared disaster area, you will want to know all the ways to mitigate the results.  Not only can preparation help to protect life and property, it can also guard against staggering financial loss.

The key is to know what to expect.  If you live in a condo or HOA, you will want to know what the association’s master insurance policy covers and what it does not.  Insurance may help defray some of the costs associated with restoring and replacing damaged and destroyed property, but to keep monetary losses as low as possible, it helps to understand the relevant sections of the tax code.  Under the new Tax Cut and Jobs Act, for example, there is tax relief for victims who suffer casualty losses and are living in a federally-declared disaster area.

Claims require documentation.  You will surely want to make an inventory of the valuables in your home to help you document losses for insurance and tax purposes.  Take photos or videotape not only the interior of your home but also the property and structures outside it.  Damage to your vehicles, landscaping and other possessions may also be tax deductible.

If there’s a chance you might have to evacuate your home, take important documents with you or move them to a safer location, like a bank safe deposit box or a waterproof or fireproof container. Consider photographing important documents like birth certificates, car registration, driver’s license, proof of home ownership, insurance policies, important contracts, medical information, passport, tax documents, etc., and upload these electronic records to a secure cloud-based service.

Tax deductions for homes and buildings with structural damage require a qualified appraisal and records of the repairs to restore the building to its previous condition. Homeowners insurance will cover some personal goods in many cases, whether or not the home is covered for the type of disaster that occurred. Keep in mind that all claims for damage must first be submitted to the property owner’s insurance carrier, even if the property is not covered, in order to take a casualty loss deduction. In other words, your disaster loss may be tax deductible but only to the amount over any insurance reimbursement.

Two additional limitations may be waived in certain federally-declared disaster areas:  You must deduct $100 per event and reduce the total of all personal use property losses by 10 percent of your adjusted gross income.

Be aware that the IRS may extend tax filing deadlines, permit easier access to victims’ funds held in workplace retirement plans, and make other provisions designed to provide financial relief to those affected by a natural disaster.  The IRS website can help you learn about any special announcements, bulletins or special relief being offered during ongoing disasters.

Disaster-related losses can be deductible on your tax return, but only if you follow the rules and provide the appropriate documentation.  You also may be permitted to choose either the current year or the previous year to claim your losses, and your refund could be greater in the non-disaster year than in the current disaster year.

Help in determining the best course in your situation is always available from a qualified tax professional to help you make sure you are taking advantage of every relevant tax provision available to you.

 

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Keep Everyone Up to Date and Connected

Keep Everyone Up to Date and Connected

  • Posted: Jul 21, 2018
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Keep Everyone Up to Date and Connected

What’s on your Desk? Members should send us information and news, We use this to post and send to our industry.

Keep everyone up to date and connectedSFPMA using Mail Chimp and Direct E-Mail makes it easy to send timely, personalized, relevant messages to large groups, small groups, or specific individuals. Recipients can customize how they receive messages and they can respond via the links within. Keeping everyone up to date and connected is key.

Add to our Events Calendar
Members can send us an Email and fill out the form on the Members Portal when they are having an event, meeting, and seminars. We add this to our events calendar a place that everyone can view. The events are also sent to our Social Media pages and the Many Groups we are part of. If you look at any social media group they have hundreds and some have thousands of members our goal is to let many people view the events and show up, We believe in information and through these events many companies get new clients once they find out what you do and how you can help Managers, Board Members, Condo and HOA professionals.

Just click this link to List your company.

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Three Kaye Bender Rembaum Attorneys Receive New Florida Bar Certification as Specialists in Condominium and Planned Development Law

Three Kaye Bender Rembaum Attorneys Receive New Florida Bar Certification as Specialists in Condominium and Planned Development Law

The law firm of Kaye Bender Rembaum announced that the Florida Bar has confirmed that three of its attorneys, founding and managing member Robert L. Kaye, firm member Andrew B. Black and senior associate Allison L. Hertz, are among the inaugural class of esteemed attorneys to be officially certified in the new area of Condominium and Planned Development Law. The new certification is effective as of June 1, 2018.


Robert L. Kaye, Andrew B. Black and Allison L. Hertz

Board certification is the highest level of recognition by the Florida Bar and recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice. Only certified attorneys may utilize terms such as “specialist,” “expert” and/or “B.C.S.” (Board Certified Specialist) when referring to their legal credentials. Board Certified Florida Bar Members are rigorously evaluated for professionalism and tested for their expertise in their areas of law. According to the Florida Bar, certification is the highest evaluation of attorneys’ competency. Attorneys must meet stringent application criteria before officially becoming certified, including satisfactory peer review as it relates to character, ethics and professionalism, satisfying the certification area’s continuing legal education requirements and passing a rigorous examination.

“For more than 30 years, I focused my practice on community association law. I am honored and proud to be recognized by the Bar for this high level of expertise in this area, as demonstrated by being awarded this certification,” said Kaye. “I am also proud of Allison and Andrew joining me among The Florida Bar’s inaugural class to receive this particular certification. We are pleased to not only offer our clients the high-quality legal services that they are accustomed to receive from all of our attorneys but to also have available board certified legal services in this area of law.”

Kaye, Black and Hertz are among the first lawyers obtaining the Condominium and Planned Land Development Law certification by the Florida Bar. They account for less than one percent (1%) of nearly 118,000 Florida lawyers. Thus far, only 127 lawyers obtained this certification. The Florida Bar website maintains a free online directory of all board certified attorneys, categorized by specialty area. Find it at FloridaBar.org/certification.

Kaye Bender Rembaum is a full-service commercial law firm concentrating on the representation of more than 1,000 community associations throughout Florida. With offices in Broward and Palm Beach counties, the Firm was recently presented with the 2018 Readers’ Choice Award for Legal Services by the Florida Community Association Journal, an award they’ve received annually since 2014. Members of State of Florida Property Management Association (SFPMA.com) For more information, visit www.KBRLegal.comcall 954-928-0680 and follow the Firm on www.facebook.com/KayeBenderRembaum.

 

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The Algae Triangle: Managing Nuisance Aquatic Plants Without Pesticides

The Algae Triangle: Managing Nuisance Aquatic Plants Without Pesticides

The Algae Triangle: Managing Nuisance Aquatic Plants Without Pesticides

I frequently use herbicides and algaecides in my line of work. Having attended college and graduate school to be an Ecologist, it isn’t something I thought I would do very often, but with the frequency of environmental problems that involve invasive flora, nuisance aquatic weeds and potentially-toxic algae, EPA-approved pesticides are an invaluable tool. There are, however, times when pesticide use is impractical, imprudent, illegal or impossible. Maybe the HOA or property manager prefers that pesticides not be applied to nearby waters. Perhaps the regulatory bodies in a given area aren’t permitting the use of certain products. Whatever the reason, sometimes this option just isn’t on the table. But how do we effectively manage algae and weeds without pesticides?

I employ a simple concept that I call the algae triangle, though it works for all forms of vegetation. If you had the same fire safety lessons in elementary school, you may remember the Fire Triangle, which is based on the idea that three elements are necessary for fire: fuel, oxygen and heat. If you have enough of all three, you’ll ignite a fire. Eliminate any corner of the triangle, and the fire goes out. Similarly, if you have water, sunlight and nutrients, you’ll likely develop some form of algae or vegetation. If the triangle becomes too imbalanced, the resulting plant species can become a nuisance.

Obviously, in the lake management field, we aren’t removing water from the equation, so establishing balance between each factor is the focus. Putting this concept into practice means understanding how sunlight and nutrients affect the ecology of the waterbody in question. Communities have several natural options to help mitigate against algae and aquatic weed growth, including limiting sunlight, improving water circulation and reducing excess nutrients.

If a stormwater pond receives full sunlight during the growing season, this directly impacts plants and algae by increasing water temperatures and providing the light necessary for photosynthesis. To prevent sunlight from penetrating the water column and stimulating the growth of deep submersed plants and benthic algae, water levels can be increased. Dredging is an effective strategy to increase the depth of a lake or pond, however, it is often the costliest project a community will ever face. Instead, proactive hydro-raking can help maintain existing water depths and prolong the need for dredging by removing unconsolidated muck and organic debris from the bottom of a lake or stormwater pond. Likewise, blue or black pond dye can be applied to reflect sunlight. Pond dye can enhance the aesthetics of a waterbody while simultaneously absorbing sunlight before it can penetrate the waterbody and fuel excessive plant growth.

In addition to thriving in water that receives lots of sunlight, algae and nuisance weeds also flourish in stratified waterbodies. A stagnant, sun-warmed layer floating on top of colder, deeper water can serve as a perfect habitat for undesirable species. Circulation with a diffused aeration system breaks this stratification and allows the water to mix more evenly, resulting in more consistent temperatures and less warming in the sunlit portions of the water. Aeration is also effective at improving the health of an aquatic ecosystem in a number of other ways, such as preventing oxygen depletion and fish kills, improving beneficial bacteria levels, and preventing the release of excess nutrients from the sediment. This brings us to the real meat and potatoes of preventative maintenance: nutrient management.

Phosphorous is the most important nutrient contributing to excess vegetation in lakes and stormwater ponds, and it can enter the water column in runoff containing lawn fertilizers, grass clippings, pet droppings, and waste from faulty septic systems. A number of nutrient reduction strategies should be considered if water quality tests reveal nutrient levels are too high. A professional lake manager can apply beneficial bacteria to the waterbody to utilize nutrients that would otherwise be available for plant and algae growth. Water quality can also be amended by using products that bind with phosphorous to keep it from becoming fuel for nuisance plants. Additionally, strategically planting desirable buffer vegetation around the shore of the waterbody can help to intercept phosphorus before it enters the water and is absorbed by unwanted vegetation. Your lake manager can help identify buffer plants that are native to your region.

When it comes to quickly and effectively managing nuisance aquatic weeds and algae, EPA-approved pesticides can be very useful, and in many instances, they are the safest and most practical option available. Nonetheless, natural and proactive management techniques can be tremendously effective at improving the health and appearance of almost any community waterbody before a problem occurs, which is why it’s important for homeowners associations and property managers to consider sustainable and holistic plant management methods whenever possible.

 

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Did He Really Write That about Our Association on Facebook?

Did He Really Write That about Our Association on Facebook?

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Rembaum’s Association Roundup

The community association legal news that you can use!

The free e-magazine for Community Association Managers, Board Members, Owners & Developers

Have an association related question? Find your answer at

RembaumsAssociationRoundup.com

 

Did He Really Write That about Our Association on Facebook?

An interesting question that arises from time to time is whether the protections of the United States Constitution (and the Florida Constitution) apply within the gates of a community association. In most circumstances, in order to begin a constitutional analysis the very first step is whether there is any governmental action taking place. Clearly, in the context of a homeowners’ association resident publishing their own opinions on a blog, there is no governmental action. Even so, insofar as freedom of the press is concerned, the First Amendment to the United States Constitution reigns supreme, though not without certain limitations. In a recent Fifth District Court of Appeal case, Fox v. Hamptons at Metrowest Condominium Association, Inc., the Court had the opportunity to examine this issue.

 

In this case, association member, Fox, appealed the trial court’s order finding him guilty of civil contempt of court for violating a settlement agreement that he entered into with the association. He argued that portions of the trial court’s contempt order constituted a prior restraint on his protected speech rights under both the Florida Constitution and the United States Constitution. In short, the Court agreed.

 

The background of this case is a typical scenario where Fox failed to comply with the association’s declaration and its rules and regulations which caused irreparable harm to other owners and residents within the association. The association’s complaint also alleged that Fox was engaged in a continuous course of conduct “designed and carried out for the purpose of harassing, intimidating, and threatening other residents, the Association and its representatives.” The trial court had entered a preliminary injunction and then the parties reached a settlement agreement in which Fox agreed to cease certain activities.

 

It did not take long for Fox to violate the terms of the settlement agreement. As a result, the association filed a motion for contempt and argued that Fox willfully and intentionally violated the terms of the settlement agreement, and thus the final judgment, too. The trial court found Fox in civil contempt and, in so doing, also ordered that Fox stop posting, circulating, and publishing any pictures or personal information about current or future residents, board members, management, employees, or personnel of the management company, vendors of the association, and any other management company of the association on any website, blog, or social media. He was further ordered to take down all such information currently on any of his websites or blogs. The trial court’s order also prohibited Fox from starting any new blogs, websites, or social media websites related to the association. If anyone reached out to Fox with inquiries regarding the association, pursuant to the court’s order, he was not allowed to post a response online. Instead, he would have to call the person to express his concerns verbally.

 

On appeal, Fox argued to the Court that the trial court’s punishment violated his right to speak freely. In the end, the Court agreed that the trial court’s blanket prohibition of Fox’s online speech constituted an unconstitutional prior restraint on his free speech rights. In so doing, the Court noted that “[i]t has been established that ‘[p]rior restraints on speech and publication are the most serious and the least tolerable infringement on First Amendment rights.’” The Court also noted that the United States Supreme Court has “consistently classified emotionally distressing or outrageous speech as protected, especially where that speech touches on matters of political, religious or public concern.” The Court then cited other cases finding that statements on an individual’s blog constituted opinion speech protected by the First Amendment.

 

However, the Court wisely noted that “the right to free speech and the freedom of the press are not without their limits” and, in so doing, cited to prior United States Supreme Court opinions which reminds readers of that “[f]reedom of speech does not extend to obscenity, defamation, fraud, incitement, true threats, and speech integral to criminal conduct. Speech that does not fall into these exceptions remains protected.” If the writer/publisher prints libelous, defamatory, or an injury story, the remedy does not lie with an injunction, but rather with a claim for damages or criminal action after publication.

 

With the aforementioned in mind, the Court determined that the trial court erred when it prohibited Fox from making any statements at all pertaining to the association on his websites, blogs, and social media. Therefore, the trial court order was reversed in part, but only in regard to the complete prohibition imposed on Fox on posting on any website, blog, or social media. However, the Court also opined trial court did not err in determining that the previously agreed-upon settlement agreement could be enforced and it affirmed the contempt order. The case was then remanded back to the trial court for determination of an order consistent with the opinions of the Court.

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Is your Community having a Holiday Party? Five holiday party ideas

Is your Community having a Holiday Party? Five holiday party ideas

Holiday Parties Sure To Please Your Residents

Brought to you by State of Florida Property Management Association  –  https://www.SFPMA.com

The holidays provide the perfect opportunity to bring your neighbors together to celebrate the season. When you have community amenities such as a clubhouse, there’s no need for a neighbor to go through the hassle of hosting your HOA holiday party at his or her home.

Want to throw a holiday party that will bring residents of your community together for a fun-filled evening? Here are five holiday party ideas that are sure to please your residents:

  1. Tacky Sweater Party

While so cliché these days, hosting a tacky sweater party is a great way for residents to break the ice and start mingling with each other. The ugly holiday sweater that was once popular in the 80s is making a big come back, and residents can easily find this festive attire online or come up with their own creations. Encourage residents to channel their inner-tackiness by offering prizes for the ugliest sweaters. If hosting the party at your neighborhood clubhouse, you can spruce up your community amenities for the event with bright-colored lights, oversized holiday inflatables, and tinsel-filled trees.
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