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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

  • Posted: May 06, 2020
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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

by Kaye Bender Rembaum

In response to our article below, we have received inquiries from readers  regarding the ability of an  association located in Palm Beach County to use volunteers to provide the pool  monitoring as required by Palm  Beach County Emergency Order Number 5.

In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.

 


 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 


In addition, based upon an April 28, 2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.

 

With that in mind,  if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration: 

 

1) If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.

2) Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?

3) Does the association have insurance coverage in place to cover acts of volunteers?

4) Does the association have volunteer workers comp type coverage in place?

 

Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools.  The following links are provided for your reference:

Palm Beach County Emergency Order Number 5

The Palm Beach County Website April 28 posting related to volunteers  

Remember to also discuss the re-opening plan with your association’s legal counsel. 

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

 

 

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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

  • Posted: May 01, 2020
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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE

Date/Time  May 7, 2020
12:00 pm – 1:00 pm

REGISTER HERE

Castle Group, Kaye Bender Rembaum and Plastridge Insurance invite you to a webinar:  “Association Continuity and Other COVID-19 Concerns”, Episode 2

You are invited to join episode 2 of “Association Continuity and other COVID-19 Concerns” with a special focus on re-opening community amenities and more. Panelists include:
  • Craig Vaughan, Castle Group – President;
  • Michael S . Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, Board Certified in Condominium and Planned Development Law
  • Brendan T. Lynch, AIP AAI, Plastridge Insurance Agency, President
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COVID-19 SURFACE TESTING – NEXT DAY RESULTS AVAILABLE!

COVID-19 SURFACE TESTING – NEXT DAY RESULTS AVAILABLE!

  • Posted: May 01, 2020
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COVID-19 SURFACE TESTING

NEXT DAY RESULTS AVAILABLE!

According to the U.S. Centers for Disease Control and Prevention (CDC), COVID-19 is a respiratory illness that can spread from person-to-person. The main infection route is between people who are in close contact with one another (within about 6 feet) through respiratory droplets produced when an infected person coughs or sneezes.

It also may be possible that a person can contract COVID-19 by touching a surface or object that has the virus on it, and then touching their own mouth, nose, or eyes. Currently, transmission from surfaces is not thought to be the main way the virus spread, however the CDC’s April 13th update remarked: “COVID-19 is a new disease and we are still learning about how it spreads and the severity of illness it causes.”

 

As mentioned on our homepage, recent studies suggest that the CVOID-19 virus may remain viable and infective on surfaces for hours to days, depending on the surface material type (fabric, tile, steel, etc.).

Thorough cleaning and disinfection of frequently touched surfaces are recommended by the CDC and believed to be essential in preventing the spread of infection.

The presence or absence of the viral genetic material on environmental surfaces can now be directly tested with EMSL’s new CVOID-19 molecular-based test and used to demonstrate effectiveness of cleaning protocols.

 

Air Quality Assessors of Florida only performs the physical sampling of surfaces recommended to test by request of our client and in no way can guarantee the entire site is clear from COVID 19. AQA sends all samples to an accredited laboratory for analysis.

Call us or visit our website to schedule your assessment or request more information. We will get back to you with 24 hours.

844-CALL-AQA

 

 

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HOW TO REMOVE TROUBLESOME TREES

HOW TO REMOVE TROUBLESOME TREES

  • Posted: Feb 17, 2020
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HOW TO REMOVE TROUBLESOME TREES

by Jeffrey Rembaum, Esq. KBRLegal

 

A great many streets in Florida’s residential communities are lined with oak trees. While they can look so appealing as a canopy, many of these trees can raise sidewalks and driveways. Their massive roots can grow into plumbing lines, cause various trip hazards and kill the grass, too.

Until recently, it was very problematic to remove these trees for a variety reasons. Moreover, it was also expensive  to deal with all of the governmental red tape caused, in many instances, by over zealous city officials, such as the city forester, who requires strict compliance with the community’s original landscaping plans, etc.  Well, the Florida legislature listened to stories of local government unreasonableness and did something about it to the great satisfaction of association members everywhere.

But, there is still a problem because many local governments refuse to accept that   House Bill 1159 was passed into law in 2019. This new law prohibits a local government from requiring a notice, application, approval, permit, fee or mitigation for the pruning, trimming, or removal of a tree on residential property when an arborist or landscape architect documents that the tree presents a danger to persons or property. As an important FYI, mangroves are exempt and all existing requirements for mangrove trimming, etc., remain steadfastly in place.

Apparently, the problem of local government personnel ignoring this new law is so pervasive that on January 7, 2020, the Speaker of the Florida House of Representatives, Jose Oliva, sent a memo to all Local Government Officials alerting them that they need to follow this new law and that the House of Representatives will be “diligent in executing its oversight responsibilities in order to protect the rights of property owners and to prevent illegal governmental actions that interfere with these rights. WOW!!!

If your community has a problem with tree removal caused by local government officials perhaps showing them a copy of the memo might help. Also, be sure to alert your association’s attorney to the problem so that they can intercede on the association’s behalf.

 

This new law is codified in s. 163.045, Florida Statutes and provides as follows: 

s. 163.045 Tree pruning, trimming, or removal on residential property.—

(1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.

(2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.

(3) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321403.9333.

 

View our Membership page on SFPMA and Legal Sponsors, with articles written each month in the Florida Rising Magazine – KBRLegal

 

 

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ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities

ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities

  • Posted: Dec 12, 2019
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ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities – available at no extra monthly cost!

Over the past few months, we’ve spoken with countless property managers in order to learn how to better serve the needs of our users. Many expressed concerns regarding a one log-in system to track all gate activity for both guests and residents. ZUUL Systems is just that: an all-in-one control system, database, and login that’ll take care of all your gate access control needs.

ZUUL’s resident lane is currently compatible with both AWID and MAXTEK RFID readers and transponders. Simply import the vehicular and transponder data into our database, and you’re all set.

Additionally, we have decided to extend our beta pricing until March 31, 2020. We want to ensure our clients have enough time to make a confident, informed decision, not a rushed one. We offer our product FREE for six months, with no contracts thereafter.

Call one of our team members today at 561-501-3539, and learn how ZUUL Systems is the solution your community needs.

The wait is over. ZUUL Systems is here.

Adam Lucks CEO
ZUUL Systems

View our Membership Page and Contact Us  ZUUL Systems

New Advances COMING IN 2020..
ZUUL Key
Traffic camera integration
Enhanced ID validation with DMV
2FA for ALL Admins

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ZUUL Systems is finally here! Communities all around South Florida are making use of ZUUL’s easy-to-use security technology.

ZUUL Systems is finally here! Communities all around South Florida are making use of ZUUL’s easy-to-use security technology.

  • Posted: Sep 27, 2019
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ZUUL’s security technology prevents the passing around of key cards or fobs among guests. By centralizing a guest’s access key to his or her phone, the community’s credentials are more likely to stay secure.

Say goodbye to long lines at the community gate! With ZUUL, guests will no longer need to show their IDs and wait long lines while their information is being logged at a community’s guard gate.

There’s no long-term commitment necessary to have the gate entry system your community deserves. Users can expect no annual contracts when signing up with ZUUL Systems.

ZUUL Systems is finally here! Communities all around South Florida are making use of ZUUL’s easy-to-use security technology. Simply scan your approved QR code at the entrance scanner, and watch the gate rise with ease.

Join ZUUL’s streamlined security system today: www.zuulsystems.com

 

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Before Storms hit Florida, Building Owners and Managers should have their Storm Drains cleaned.

Before Storms hit Florida, Building Owners and Managers should have their Storm Drains cleaned.

  • Posted: Aug 20, 2019
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Before Storms hit Florida, Building Owners and Managers should have their Storm Drains cleaned

 

Clearing this helps with parking lot, loading docks and your building flooding and causing damage to your properties.

Generally speaking, you’re usually responsible for drains inside the boundaries of your property, while the sewerage company is responsible for lateral drains, which are outside of property boundaries, and sewers.

How to Maintain a Drainage System, find member companies on SFPMA 

  • Allow rain to help settle the loose soil before working the field
  • Driving directly on the tiles can crush the pipe and ruin the tile. Straddle the pavers instead for the first year.
  • Back-fill the open trenches carefully, so as not to damage the pipe
  • Clean up unused pieces of pipe and do not use the open trench for garbage disposal
  • Do not work the land if wet or moist with excess water
  • Rotate the location of cattle hay feeders
  • Clean drainage boxes once a month if present. Drainage boxes trap sediments

 

 

From Pipe Repairs to Cleaning of your storm Drains. You can find members of sfpma.com ready to help!

 

https://sfpma.com/listings/storm-drain-cleaning-repair/

 

 

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In House or Contract Security, That is the Question

In House or Contract Security, That is the Question

  • Posted: Apr 07, 2019
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In House or Contract Security- That is the Question

 

Mike the right decision with your security company

Do the terms FLSA, ACA, HIPPA, E-Verify or I-9 scare you? They should if you have in-house security, maintenance or housekeeping staff. These terms are just some of the federally mandated employment laws that HOA’s, condo boards and property managers must contend with. If you are not fully compliant with any of these it can cost you and your organization hundreds of thousands of dollars in fines, penalties and yes, even back wages.

What can you do to eliminate these HR compliance headaches and ensure the safety and security of your business, building or property in the real world?
Outsourcing may provide the solutions you’re looking for.

Outsourcing can provide a viable and affordable solution for many businesses, condominiums, planned communities, office and professional complexes. The security provider you choose will take on the costs
and hassles of hiring, scheduling, HR administration, insurance, liability, training and outfitting employees.

If you’re looking for trained security officers, you’ll find that hiring your own staff can be extremely expensive. The last thing you want when it comes to security is less-than-qualified workers. A reputable security provider will have the money and resources to properly recruit and hire highly qualified officers. In other words, outsourcing can give you access to security resources of a caliber unavailable to you on your own, and save you money in the process.

Condo associations and HOA’s may not have the resources to properly vet security experts in their employ. The officers who fill these crucial positions, must be stable, reliable, trustworthy, and well-trained. A failure on any level could spell disaster.

 

 

By outsourcing or on-boarding your current in house staff to a firm that makes security their business, you can rest easier knowing that anyone they send your way has been properly vetted, trained, and held to the highest standards. After all, the security provider that hired them has a reputation to uphold, just as you do.

HR Costs/Bill Rate

According to the US Department of Labor legally required benefits such as social security, workers compensation insurance, unemployment and Medicare costs can add an additional 14.5% to your payroll costs.
If you provide other benefits such as health & life insurance, 401K contributions, and/or paid leave time those costs can add an additional 24% to your payroll and operating expenses.

What does this mean to you?

Let’s say your annual in-house security payroll is $75,000 per year. Factoring in the mandated benefits and your actual payroll costs leap to $85,875, that’s over a $10,000 increase. If you offer benefits your actual costs skyrocket to over $105,000. That’s $35,000 additional dollars you’re spending on payroll without any additional personnel or job tasks being performed.

Insurance Savings

You more than likely currently have general liability insurance coverage that protects you and any governing board from losses resulting in accidents or injuries that occur on the property. Risk is the single biggest factor in determining how much coverage costs. No one anticipates accidents or mistakes. The rising cost of general liability insurance is another area of concern for managers, board members and residents.

If you’ve had accidents or faced lawsuits in the past then expect to pay more.

A reputable security contractor will carry sufficient liability and workers compensation insurance which will provide you indemnification from losses and employee injuries and illness, thereby reducing your overall insurance costs and risk factors.

Better Training, Oversight and Supervision

As a board member or property manager how much time out of your day do you have to check on and provide oversight to your security personnel? Do you even know what to look for or what questions to
ask?

Any reputable and reliable third-party security provider should provide comprehensive supervisory and managerial oversight to its guards including random and periodic unannounced inspections of the site and the personnel assigned there.

Outside of showing your in-house team where to put packages, which contractors are allowed access and what the pool hours are, what training has your team received. Does your team have the expertise or resources to provide that training? A professional security company does.

At a minimum any professional security officer should be trained in emergency first aid, CPR and fire suppression.

“But we love our in-house staff and don’t want to lose them!” is something we hear very often when talking to property managers, condo board members and HOA presidents about on-boarding in-house staff. In a properly structured transition you retain your current staff. Pay rates and benefits remain unchanged as does seniority ranking.

As your operation grows, so too will your needs where support is concerned. You may acquire additional facilities that require additional physical security. Either way, flexible security solutions that easily adapt to the changing needs of your business or property are a must.
All of these factors are where outsourcing can really ease the transition process as your needs change, while you grow and expand. You have plenty on your plate already without having to worry about increasing on-site security teams. A reputable and reliable third-party service provider can handle these concerns for you.

 

 

Choosing the Right Provider

The south Florida contract security market is one of the most competitive in the nation. There are currently over 1,200 licensed security agencies in Broward and Miami-Dade counties alone.

These agencies range from huge national companies to one or two man agencies working out of someone’s home garage or spare bedroom. So choosing the right security provider is crucial.

When evaluating security firms you need to ask the following questions.

  1. Does the agency provide general liability insurance and do they indemnify you in the event of a
    loss from any incident or accident caused by any negligent, grossly negligent, willful act or
    omission or intentional act, of their guard?

  2. Are their guards actual employees of the company or are they paying them as sub-contractors?
    Some less than reputable security providers will do this to avoid the high costs of workers
    compensation insurance, payroll taxes and social security contributions.

  3. How responsive is their management team to problems, issues or concerns of yours?

  4. Do they utilize the latest technology to provide you officer accountability and transparency?

  5. Do they have an actual brick and mortar corporate presence or footprint?

  6. Do their supervisors or manager conduct periodic unannounced inspections of the sites and staff?

  7. What training have your guards had? First Aide, CPR, Fire Suppression?

  8. Do they conduct random drug tests of their employees?

 

Way back in the fifteenth century English satirist Gabriel Bell recognized that, “You get what you pay for;” which Webster defines as meaning “a thing that can be bought for a very low price probably isn’t very good”, and that’s especially true when evaluating security companies.
Any security provider that quotes you a bargain basement bill rate in the low teens ($14 per hour or less) is probably NOT going to provide suitable answers to these questions nor will they provide you the level
of service and support you need or want. They’re going to be using sub-contractors or paying their employees minimum wage to stay profitable. What caliber of officer are they delivering at that pay rate?

 

The Trident Ground Protection Difference

Dependability, discipline and dedication to the client are the hallmarks of being a member of the Trident Ground Protection team.

The principles of Trident Ground Protection have over 80 years of military, law enforcement, private security and special ops experience in both field, command and executive level positions. We pride ourselves in helping our clients – large or small. We have the expertise, knowledge and ability to secure and protect your property, business or event. Trident Ground Protection was established with one  goal in mind, to provide our clients with more than simply a security guard. Our team consists exclusively of true security professionals.

Trident Ground Protection actively recruits and hires our military veterans and former or retired law enforcement personnel. By hiring this caliber of employee, we provide our clients with a more disciplined, dedicated and focused security officer.

Our management and field staff are solely dedicated to providing you a level of service, awareness and discipline far above that of any other security provider. A member of our corporate management team is available to you 24/7 by way of either our corporate headquarters in located Oakland Park or after hours from our Global Security Operations Center located in downtown Fort Lauderdale.

When you contract your security functions with Trident Ground Protection we assume the liability for any incident or accident caused by any negligent, grossly negligent, willful act or omission or intentional act, of one of our team members up to one million dollars per occurrence. Our officers are employees of our company, not sub-contractors and are fully covered under our workers compensation insurance coverage.

As part of our commitment to provide the highest level of professional security services, every new client receives a vulnerability analysis, comprehensive threat assessment and crime statistics report for their site, building or property. We then use the results as the basis for designing a comprehensive and cost effective security program and post orders specific to your needs and desires.

We work with and build relationships with your local law enforcement agency to maximize leveraged law enforcement services g=for your property. Technology within the security industry has greatly advanced from the days of the old Detex Watch Clock Stations. © Trident Ground Protection deploys the latest and most advanced web-based applications for officer accountability and activity. As part of our commitment to transparency the systems allows you the client and TGP management to see in real time an officer’s location and review their current and past activity.

The system can also be configured to send instant e-mail alerts regarding incidents occurring at your property.

Personnel management has also accomplished via a web-based portal which only allows an officer to “clock in” once he or she is on site. It also can be set up to provide you, the client with e-mail notifications about late employees or personnel and scheduling changes. So whether your looking to develop a comprehensive security program, out-source your in-house security program or just in the market for professional and dedicated security services, you can be assured that Trident Ground Protection is the best solution.

We’re committed to providing you with top notch local support and knowledge. We approach every client with a focus on support, integrity, advocacy, and understanding.

Find out more about Trident Ground Protection

 

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Outdoor Patio Furniture by XHIBITZ Contact Furnishings

Outdoor Patio Furniture by XHIBITZ Contact Furnishings

  • Posted: Mar 12, 2019
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Our philosophy has not changed since our beginnings, Xhibtz works with you to ensure you purchase the right product and service for your outdoor needs.

XHIBTZ is a Manufacturers Representative and Purchasing Company taking pride in offering quality products and service for the past 14 years. We are dedicated furniture and accessory providers to country clubs, yacht clubs, hotels, resorts, property management companies, homeowner associations, condominium associations, interior designers and residential and estate home owners.

We’ve received accolades for our service in delivering the best the industry has to offer in patio furniture, pool and beach furniture, sofas and chairs, and tables; we also provide quality accessories such as cabanas, umbrellas, and custom cushions to complement your outdoor area. Ask about our custom furniture restoration service for limited budgets.

We are pleased to offer a complete selection of products including patio furniture, pool and beach furniture, sofas and chairs, and tables. We also provide quality accessories such as cabanas, umbrellas, and custom cushions to complement your outdoor area.

     

Contact Us Today.

Email: xhibtz1@xhibtz.com
strong>Phone: 954.614.1505

Members Directory Listing Page: https://sfpma.com/listing/xhibtz-contract-furnishing/

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