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The Algae Triangle: Managing Nuisance Aquatic Plants Without Pesticides

The Algae Triangle: Managing Nuisance Aquatic Plants Without Pesticides

  • Posted: Apr 24, 2018
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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?

  • Posted: Feb 25, 2018
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PRESENTS

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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.

KBRLegal.com – Sponsors of SFPMA.  Legal and Laws for Community Associations.

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

 

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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

  • Posted: Dec 15, 2017
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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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