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An Introduction to HB 969: Florida’s Proposed Data Privacy Law by Becker

An Introduction to HB 969: Florida’s Proposed Data Privacy Law by Becker

  • Posted: Feb 18, 2021
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An Introduction to HB 969: Florida’s Proposed Data Privacy Law

Jack S. Kallus | Becker Lawyers
Client Advisory

 

Yesterday, House Bill 969 titled Consumer Data Privacy was introduced as a potential new law to protect the personal data of Florida consumers. Governor Ron DeSantis’ stated goal for the bill is to “safeguard the privacy and security of consumer data.”

The bill is intended to give consumers more control over the personal information that businesses routinely collect and may even sell to third parties. Many of the basic rights under the new bill mirror that of the California Consumer Privacy Act passed in 2018 (CCPA). Like the CCPA, HB 969 attempts to secure new privacy rights for Florida consumers. If you are a Florida resident, you may ask businesses to disclose what personal information they have about you and what they do with that information as well as the right to request a business delete and to not sell your personal information. Consumers will also have the right to be notified, before or at the point businesses collect personal information, about the types of personal information being collected and what the business may do with that information. Generally, businesses will not be able to discriminate against you for exercising your rights under HB 969.

As stated above, the consumer will be provided the right to request that businesses disclose what personal information they have collected, used, shared, or sold about the consumer, and why they collected, used, shared, or sold that information. Businesses must provide a consumer with this information for the twelve-month period preceding the request and must provide the information free of charge.

If passed, HB 969 would require businesses to inform consumers about certain information being collected at the time of collection. Businesses would be required to inform consumers about:(i) categories of personal information collected; (ii) specific pieces of personal information collected; (iii) sources from which the business collected personal information; (iv) purposes for which the business uses the personal information; (v) categories of third parties with whom the business shares the personal information; and (vi) categories of information that the business sells or discloses to third parties.

If the business sells consumers’ personal information, then the information at collection must include a “Do Not Sell or Share My Personal Information” link. The information of consumer rights must also contain a link to the business’s privacy policy, where consumers can get a description of the business’s privacy practices and of their privacy rights.

 

A Florida consumer may also request that businesses stop selling their personal information (“opt-out”). With some exceptions, businesses cannot sell your personal information after they receive an opt-out request unless later provide authorization allowing them to do so again. Businesses must respect the consumer’s decision to opt-out for at least twelve months before requesting that the consumer authorize the sale of the consumer’s personal information. Businesses can offer consumers financial incentives in exchange for collecting, keeping, or selling personal information. However, businesses cannot use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.

After discovering what personal information is collected, used, shared or sold a consumer may request that a business delete the personal information collected and to tell their service providers to do the same. However, there are many exceptions that allow businesses to keep personal information. Businesses must respond to a request to delete within 45 calendar days and can only extend that deadline once by another 30 days (75 days total) if they notify the consumer.

Consumers may be worried about retaliation for exercising rights under HB 969. However, the bill prohibits businesses from denying goods or services, charging a different price, or providing a different level or quality of goods or services just because a consumer exercised rights under the proposed law. Businesses also cannot make the consumer waive these rights, and any such contract provision is unenforceable.

What happens if a business violates HB 969? What rights are given to the consumer? Much like the CCPA, HB 969 only provides a private cause of action against a business if there is a data breach, and even then, only under limited circumstances. A consumer can sue a business if their nonencrypted and nonredacted personal information was stolen in a data breach as a result of the business’s failure to maintain reasonable security procedures and practices to protect it. If this happens, the consumer can sue for the amount of monetary damages actually suffered from the breach or up to $750 per incident. An important aspect of the proposed law is that it does not provide for prevailing party legal fees.

For all other violations of HB 969, only the Department of Legal Affairs (“Department”) can file an action. If the Department has reason to believe that any business is in violation and that proceedings would be in the public interest, the Department may bring an action against such business and may seek a civil penalty of not more than $2,500 for each unintentional violation or $7,500 for each intentional violation. Such fines may be tripled if the violation involves a consumer who is sixteen years of age or younger. A business may be found to be in violation if it fails to cure any alleged violation within 30 days after being notified in writing by the Department of the alleged noncompliance.

The bill also contains other provisions outlining who is protected under the bill, what is considered personal information, data retention and biometric information rules and procedures for businesses to follow. We will publish additional articles exploring these provisions and expand on the information addressed in this article. In addition, we will explore the importance of Florida enacting a well-balanced privacy law which does not act as an anchor for businesses and appropriately protects the rights of Florida consumers.

 

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We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides by SOLitude

We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides by SOLitude

  • Posted: Feb 18, 2021
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We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides

by SOLitude Lake Management

 

Dive Deeper with a Water Quality Assessment

We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides. Professional water quality assessments are a key tool to not only help resolve these issues, but prevent them from reoccurring.

Lake and pond management is a complex field that presents never-ending puzzles and surprising challenges. Like a fingerprint, no two bodies of water are exactly the same—and they are always in a state of continuous change based on how the water is used, the surroundings, and even the weather. When diagnosing and designing a solution for a problem like bad odors or nuisance algae growth, professionals take all of this information into account, but it doesn’t provide a complete picture of what’s going on below the surface.

Comprehensive Lake & Pond Assessments

Understand Your Waterbody Inside and Out

 

A professional assessment is the first step to achieve a comprehensive view of your lake or pond’s health. Think of this like a physical for your waterbody. An array of scientific tests are conducted to check its vitals and establish an initial baseline of health. Over time, the comprehensive scientific data can be used to:

  • Identify root causes of recurring issues
  • Predict and prevent the onset of future water quality problems
  • Make better informed proactive management decisions
  • Achieve more impactful and long-lasting results
  • Reduce your environmental footprint and cut management costs

SOLitude offers a variety of waterbody assessment options. Each package includes the creation of a customized, comprehensive report for you and your stakeholders. Your freshwater management professional can help you determine which package is most appropriate based on the history of the waterbody, as well as your unique goals and budget.

Find out more…

 

 

You’re In Good Hands! Meet Our Industry Leaders

The aquatic management industry is burgeoning with scientists, researchers, and other passionate experts. SOLitude is the proud home to many of these thought leaders who have steered the industry towards innovation, technological advancement, and holistic management strategies through the roles they hold in various environmental organizations and authority groups.

SOLitude Lake Management is the proud home of many industry experts who hold prestigious roles in a variety of environmental organizations, including the North American Lake Management Society (NALMS), the Aquatic Plant Management Society (APMS), and other authority groups. As industry thought leaders, these colleagues go above and beyond to demonstrate SOLitude’s commitment to science, technology, innovation, and holistic lake and pond management strategies. We believe that these tenets create the foundation for memorable experiences around the water and encourage the long lasting functionality of these precious aquatic resources.

Marc Bellaud, President – Aquatic Biologist & Director of Technical Services – MAmarc-bellaud-web-new

Marc Bellaud has more than 25 years of experience in lake, pond and wetland management, and has been actively involved in advancing the science of the freshwater management industry. He currently serves as Director of the Aquatic Plant Management Society (APMS). Previously, he was the President and Director of the Northeast Aquatic Plant Management Society (NEAPMS) and has remained involved with the organization since it was initially founded in 1999. Bellaud also served as a Director of the New York State Aquatic Managers Association (NYSAMA). In addition, he was a contributing author and co-editor for the third edition of the BMP Manual by the Aquatic Ecosystem Research Foundation (AERF).

Glenn Sullivan, Environmental Scientist & Certified Lake Manager – NY

glenn-sullivan-web-newGlenn Sullivan entered the aquatics industry in 1993 and is currently the President of the New York State Aquatic Managers Association (NYSAMA). He is also a former member of the Board of Directors for the Northeast Aquatic Plant Management Society (NEAPMS). Over the course of 20 years, he held many roles including President, Director, Treasurer, and Editor, and continues to serve as a committee co-chair. In 2015, he was named Preferred Applicator of the Year by SePRO Corporation. He is also the recipient of multiple awards recognizing environmental stewardship, best management practices and sustainable leadership.

 

Will Stevenson, Director of Integration – MA

Will_Stevenson_web

William Stevenson is the Treasurer and a member of the Board of Directors and past President of the Northeast Aquatic Plant Management Society (NEAPMS). Before joining SOLitude, He also serves on the Massachusetts Audubon Council and as a Vice President of Timber Owners of New England, an organization dedicated to preserving multi use forested land.

 

Bob Schindler – Aquatic Biologist & Project Manager – PA

Bob_Schindler_web2

Bob Schindler is a two-time president and current Regional Director of the Pennsylvania Lake Management Society (PALMS), through which he coordinates educational opportunities and annual conferences. He also helps PALMS administer a grant program through the Pennsylvania Department of Environmental Protection’s Growing Greener program. Schindler has served on the PALMS.

 

Shannon Junior, Aquatic Ecologist – VAshannon-junior-web-new

Shannon Junior is the Editor for Women of Aquatics (WOA), an organization founded to promote and support women in the lake and pond management industry through professional advancement, continuing education opportunities and peer mentorship programs. She also serves on the Virginia Leadership Retreat Committee. Junior has worked in the lake and pond management industry since 2000. In 2013, she received the SePRO Applicator of the Year Award, which recognizes an individual who shows leadership in advancing the science of aquatic plant management.

Emily Mayer, Aquatic Biologist & Project Manager – NJEmily_Mayer_web-1

Emily Mayer is a 10-year veteran in the lake management industry and serves on the board of directors for the Northeast Aquatic Plant Management Society (NEAPMS). She is the editor of the organization’s newsletter and assists with the organization of the NEAPMS annual conference. Previously, she served as a student director, a role through which she encouraged student involvement and helped increase awareness of the organization across social media. In addition to her longstanding involvement with NEAPMS, Emily is currently a member of the New Jersey Invasive Species Strike Team (NJISST), the North American Lake Management Society (NALMS), and Lower Hudson PRISM – a group which seeks to protect the rich biodiversity and ecosystems in the Mid-Atlantic.

Kim Niesel, Senior Business Development Consultant – VA

Kim_Niesel_web_12.15Kim Niesel holds her CMCA (certified manager of community associations) designation, as administered by the Community Association Managers International Certification Board and is involved in several industry-related organizations, including the Southeastern Virginia and Central Virginia chapters of Community Associations Institute (CAI). She has served as a board member and president for both of these associations. Kim is also one of the founders of the Virginia Leadership Retreat and has been recognized several times for her volunteer involvement. She currently serves on the Board for the Virginia Leadership Retreat and is the Chairperson for the Communications Committee of the Southeastern VA CAI.

 

 

 

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Condos and HOAs who are forced to collect on delinquent accounts must consider the proper and most important ETHICAL solution. “Ask Mr. Condo” Bob Gourley

Condos and HOAs who are forced to collect on delinquent accounts must consider the proper and most important ETHICAL solution. “Ask Mr. Condo” Bob Gourley

  • Posted: Feb 17, 2021
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Condos and HOAs who are forced to collect on delinquent accounts must consider the proper and most important ETHICAL solution.

by Axela’s “Ask Mr. Condo” Bob Gourley

 

Why Ethical Collections Really Matters for HOAs and Condominium Associations

What happens if 5% or more of the members of a condominium association or HOA don’t make timely payments to the association as expected? What if one or more homeowners stops contributing altogether? How can condominium associations and HOAs protect themselves while not playing the role of the villain in the eyes of the delinquent homeowners? Here is the argument in favor of ethical collections.

What is in the best interest of the association or the delinquent homeowner?

No one can question the need for a condominium association or HOA to act against delinquent owners within their association. After all, successful collection and distribution of common fees and assessments are the only way a condominium association or HOA can survive. Budgets are prepared annually. On one side of the budget are all of the known and anticipated expenses, contributions to Reserve Funds, and other expenses the association will face in the upcoming year. On the other side of the budget are the income items to pay for those expenses, namely the anticipated income from common fees and assessments from individual homeowner and unit owners within the association. A balanced budget can only be maintained if both sides of the equation are accurate.

Condominium associations and HOAs are typically not-for-profit businesses. The governing documents that create the bond between the unit owner and the association usually give the association serious clout when it comes to collecting common fees and assessments in a timely manner. Additionally, many associations engage an attorney to assist them in contract negotiation, interpretation and modification of governance documents, and much more. It’s not surprising, then, that many condominium associations and HOAs simply turn to their attorney when it comes to matters of collection of delinquent common fees and assessments. But boards should be asking themselves, is that wise? Is that in the best interest of the association or the delinquent homeowner? Is it the best way to protect the association’s assets and actually collect the money it is owed? Is it ethical?

 

The goal should be to educate delinquent homeowners and help them get current

There are several reasons that a condominium or homeowner can become delinquent. The simplest reason is that they simply don’t have enough money to pay all of their bills. Credit card bills, utility bills, car payments, and even the mortgage all need to be paid. There are perceived repercussions from missing any of these payments, including having utilities turned off, a car repossessed, or a foreclosure action from missed mortgage payments. For these reasons, a person who is short of cash might make the decision to defer or miss payments on their common fees or assessments for the simple reason there doesn’t appear to be any repercussions from doing so. It is a mistaken notion that is all too common. Other reasons include an owner’s death or severe illness, a lack of receiving or paying attention to communications from the condominium association or HOA, and even plain forgetfulness.

Whatever the reason, once the unit or homeowner gets behind in their common fees, the goal should be to educate them and get them back up and current so that their lack of payment doesn’t hurt the other association members who are paying on time.

 

Legal fees can even outweigh the amount the homeowner owes to the association

There is a huge difference between attempting to collect a debt and simply taking legal action against the debtor. Both have very real consequences to both the condominium association or HOA and the delinquent homeowner. Simply referring the matter to an attorney isn’t an attempt to collect a debt. It is an action that will lead to a lien and eventual foreclosure if the debt isn’t settled. Used as a first resort, it is an unethical solution because it harms the homeowner and puts the association at risk of losing additional money as the attorney will get paid for the legal work regardless of the outcome.

Since the delinquent unit owner is encumbered to the terms of the association’s governing documents, the hefty and often burdensome cost of the legal fees is also lumped onto the delinquent amount the homeowner owes to the association. In some extreme cases, the legal fees can even outweigh the amount owed to the association. Can you blame the delinquent unit owner for crying “foul” when this happens? It is unfair and unethical.

 

A specialized collection agency can work with the homeowner without threatening to foreclose

A far better and less expensive solution would be to work with a specialized collection agency that fully understands the plight of the condominium owner or HOA homeowner who has missed a few payments and become delinquent.

Axela Technologies is just such a collection agency. In addition to offering a no upfront cost to the condominium association or HOA, the fees for using a collection agency to service the debt is far more agreeable to the delinquent homeowner. They have the opportunity to address their delinquency and get themselves back in good standing with their association. A specialized collection agency can work with the homeowner politely and professionally, encourage a repayment plan, without involving the courts or threatening to foreclose on the homeowner’s home unless, and only unless, the debtor is unwilling to resolve the debt.

 

95% of delinquencies are settled without the need for the hefty legal expense of an attorney

In our experience, that is a rare occasion that only happens about once for every 20 accounts referred. That means up to 95% of delinquencies are settled without the need for the hefty legal expense of an attorney. Not only is this solution far less expensive for all concerned, it’s also a far more effective method of collecting delinquent common fees and assessments.

An ethical collection strategy needs to be considered in all cases of homeowner delinquency and not just because it is the right or ethical thing to do. Many associations have felt the bitter sting of financial loss after pursuing a strictly legal “lien and foreclose” strategy. Savvy homeowners who get swamped with legal fees on top of delinquencies are far more likely to file their own bankruptcy leading to the association simply “writing off” the delinquency and the legal fees spent trying to collect.

Using Axela Technologies and their ethical collections strategy proves effective 19 times out of 20. Ethical collections save time, save money, and encourages a “win/win” for the association and the homeowner. Take a look at your current condominium association or HOA collections strategy today. If it isn’t ethical, it’s time to talk to Axela Technologies.

 

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OWNER MAINTENANCE CHECKLIST by Steven J Weil, PhD, EA, LCAM

OWNER MAINTENANCE CHECKLIST by Steven J Weil, PhD, EA, LCAM

  • Posted: Feb 04, 2021
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OWNER MAINTENANCE CHECKLIST

by Steven J Weil, PhD, EA, LCAM

 

Over the years, many owners have asked us, “What maintenance duties am I responsible for within my condominium unit?” While every association is unique there are some things that are standard. This list is intended to assist you in understanding what you are responsible for and what you should make sure is done to protect yourself, your unit and your neighbors, for easily prevented but often costly damages that failure to maintain could make you liable for.

  • Change your Air Conditioning filter, monthly is best but never less than quarterly.
  • Sign up with an Air Conditioning company for an annual preventative maintenance plan.
  • Leave the Air Conditioning running when you are away for long periods to prevent mold and mildew. The humidity in South Florida can be a breeding ground for mold and mildew, your Air Conditioning helps lower the humidity in your unit preventing both from growing.  You can turn your thermostat up to 80 degrees so your Air Conditioning runs less but don’t turn it off.
  • Have your hot water tank checked by a licensed plumber to make sure it is not past its useful life. Hot water tanks that are 10 years or older should be replaced before they fail.
  • Inspect plumbing fixtures including toilets, sinks, faucets, drains (check under sinks and in cabinets for leaks to drain and traps) and water supply lines; replace all rusted or worn parts. South Florida water eats away at the fittings inside your toilet tank and faucets allowing water leaks that run up the common water bill costing every owner more in monthly maintenance; water is becoming a precious commodity in South Florida and this means that the cost keeps going up. Failure of any of these can result in damage to not only your unit but the units of your fellow owners as well making you responsible for the cost of putting things back the way they were.
  • Make sure the main water cut-off valve coming into your unit is working by testing it. If it’s not working have it replaced. Be sure to coordinate replacement with the Property Manager.
  • Check hose fittings on washing machines for tightness. Consider changing from the standard rubber style to a flexible metal-covered or “braided” hose. Old laundry hoses have been known to break and cause a flood. It’s best to replace these every 5 years or whenever you see signs of possible failure like bulges or fittings coming loose.
  • Replace old refrigerator ice maker supply lines with new industry standard flexible line.
  • Check caulking around all tubs and showers. Inadequate caulking or cracked caulking can cause leaks.
  • Have the duct for your dryer cleaned at least once each year. Lint-clogged ducts are the cause of many condominium fires.
  • When you’re planning to be away from your unit for longer than a few days, think about turning off your main water supply valve to prevent a flood while you are away.
  • Remember damage cause by failure to maintain your unit is your responsibility and it can be costly.

Doing a little bit of preventive maintenance can protect you, your property and your neighbors.

 

Royale Management Services, Inc. provides the most professional, effective, accurate and efficient condominium management service available.

We provide professional property management services only in South Florida: Broward, Dade & Palm Beach County.

Royale Management Services, Inc. is a full-service, CAM (Community Association Management) licensed, residential property management company, specializing in management, consulting and accounting for Condominium Associations and Home Owners Associations.

We are dedicated to excellent customer service and pride ourselves on providing condominium management services and home owner association management that work for you and your association.

Please browse our website to learn more about our company, our many services, and our commitment to excellence.

If you want to learn more or have questions about our services, call us at 1-800-382-1040 or 954-563-1269 to speak with one of our professionals today.

 

 

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SUPPOSE I TOLD YOU THAT ONE DAY YOU MAY NOT OWN YOUR CONDO OR CO-OP EVEN THOUGH YOU PAID IT OFF IN FULL.

SUPPOSE I TOLD YOU THAT ONE DAY YOU MAY NOT OWN YOUR CONDO OR CO-OP EVEN THOUGH YOU PAID IT OFF IN FULL.

  • Posted: Feb 01, 2021
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SUPPOSE I TOLD YOU THAT ONE DAY YOU MAY NOT OWN YOUR CONDO OR CO-OP EVEN THOUGH YOU PAID IT OFF IN FULL.

by Eric Glazer / Glazer & Sachs / Condo Craze & HOA’s

 

In about 25 years a crisis is coming to the condo and co-op world  that will be shocking to say the least.  Here is the problem.  Many of you think that by purchasing your condo or co-op, you can live there forever, as long as the mortgage, taxes and assessments are paid.  You may be wrong.  Very wrong.

Florida condo and co-op law basically say:  Leaseholds.—

(1) A condominium or co-op may be created on lands held under lease or may include recreational facilities or other common elements or commonly used facilities on a leasehold if, on the date the first unit is conveyed by the developer to a bona fide purchaser, the lease has an unexpired term of at least 50 years. 

 

That’s right your condo could be built on land that you don’t own.  Land that you are leasing and someone else owns and who is simply leasing the underlying land to the condo association for 99 years.  After the 99 years are over, the lease may require that all property built on the land (meaning all of the condo units) revert back to and becomes owned by the owner of the land.  In other words, after 99 years, you lose your home.

Many of these 99 year leases began in the 1960s.  So, in about 40 years, lots of buildings will be faced with this fiasco if they don’t do something about it before then.  As the date gets closer to the expiration of the 99 year lease term, the value of the unit keeps going down.  How can you sell a unit to someone if in 5 years it reverts back to the underlying land owner?  That unit is valueless.

It’s amazing how many people have no idea that this is going to happen.  How many people thought that once they paid off their mortgage, they were safe and secure.  They were wrong.  One day, the underlying land owner will be able to make you purchase the unit all over again if you want to stay.  Or, simply kick everyone out and build something new or sell to a new developer.

The law should never have allowed condos or co-ops to be built on leased land.  But, this is Florida – the land where developers call the shots.

If you live in a community with such a land lease, you want to see if you can buy it out and obtain a deed to the land.  That will avoid the potential disaster that awaits.  The Florida Legislature better start thinking about this coming crisis and not wait for it to creep up on everyone.

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Discriminatory Practices, Is Your Association Prepared? by Rembaum’s Association Roundup

Discriminatory Practices, Is Your Association Prepared? by Rembaum’s Association Roundup

  • Posted: Jan 28, 2021
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Discriminatory Practices, Is Your Association Prepared?

by Rembaum’s Association Roundup  presented by: Kaye Bender Rembaum

On September 26, 2016, Rembaum’s Association Round Up published an extremely important article regarding a community association’s potential liability when allegations by one member accuse another member of a discriminatory practice. (Click HERE to view the 2016 article). On September 13, 2016, HUD made clear that a housing provider is responsible for discriminatory practices that may take place. In its Rules and Regulations set out in Chapter 24, Part 100 of the Code of Federal Regulations, effective which further interprets the Federal Fair Housing Act, HUD explained that it believes that, “we are long past the time when racial harassment is a tolerable price for integrated housing; a housing provider is responsible for maintaining its properties free from all discrimination prohibited by the Act.” Those regulations became effective on October 14, 2016.

In this author’s opinion, HUD went way too far by mandating that housing providers act as the investigator, police, judge and jury in cases of alleged discrimination. After all, there are countless Fair Housing offices in each state where complaints can be filed and are actively investigated, often times with only a bare inference. Community association board members are volunteers with no required special training other than to be “certified” within 90 days of taking office, which certification can be met by signing a one-page form acknowledging duties or taking a two-hour class. Neither the individual board members nor the community as a whole should have to bear liability for its board of directors not taking action in a neighbor to neighbor dispute. Afterall, the court room is the proper setting where such matters should be resolved.

In the January 25, 2021, edition of the Palm Beach Post reporter Mike Diamond Special to Palm Beach Post USA TODAY NETWORK, authored an article titled “Judge Won’t Dismiss HOA Religious Bias Suit.” In the article the judge was quoted as follows: ““the La-Grassos have plausibly alleged a claim against the association for its failure to respond to or seek to control Ms. Tannenholz’s allegedly discriminatory conduct.” Amongst other things, the allegation is that Tannenholz’s told La-Grassos, “you do not belong in a community that is 80% Jewish and that La-Grassos should “move the F… out and go to a white supremist community.”

But for HUD’s position that a housing provider can have liability for discriminatory practices of the residents it is unlikely the association would be a defendant in this lawsuit. By forcing housing providers, such as Florida’s countless condominium, homeowners’ and cooperative associations, to interject themselves into what should be private disputes amongst neighbors, HUD is providing the deepest of pockets to the plaintiff’s attorneys. At the end of the day, it is just another reason to sue the innocent community association to create liability where there should not be any in the first place.

 

Practical Tip no. 1: In light of this lurking danger, be sure to check in with your association’s insurance agent to be sure the association has proper liability coverage for accusations of discrimination.

Practical Tip no. 2: Also, given that there can even be personal liability in such actions, board members would be wise to speak to their own personal insurance agents too… Afterall you never know when that umbrella policy may come in handy. Remember this, too: if one board member has knowledge about an event, then such knowledge can be imputed to all board members as if they are all similarly aware. In other words, when one board member knows, then the association itself is on notice.

Practical Tip no. 3: Consider formally adopting a “no discrimination” type of rule. It could be as simple as “discrimination of any kind will not be tolerated”.

Practical Tip no. 4: If your association is made aware of an alleged discriminatory practice, then a written record of such allegation and the association’s efforts to remedy the situation should be made.

Be sure to discuss each and every alleged discriminatory practice brought to the attention of the board and/or its manager with the association’s attorney to obtain the proper guidance needed.

 

Jeffrey Rembaum, Esq.

Board Certified Specialist in Condominium and Planned Development Law and a community association lawyer with the law firm Kaye Bender Rembaum, in its Palm Beach Gardens office.

His law practice consists of representing condominium, homeowners, and cooperative associations, developers and unit owners throughout Florida.

He can be reached by email at JRembaum@KBRLegal.com or by calling 561-241-4462.

 

 

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The COVID-19 Vaccine & Your Community: How do you feel about your community becoming a point of distribution (POD)? by Becker

The COVID-19 Vaccine & Your Community: How do you feel about your community becoming a point of distribution (POD)? by Becker

  • Posted: Jan 28, 2021
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The COVID-19 Vaccine & Your Community: How do you feel about your community becoming a point of distribution (POD)?

by Becker Lawyers

Community leaders and residents have been tested by an unprecedented pandemic that created upheaval and strain worldwide.

Some communities suffered multiple infections and deaths, others struggled to strike the right balance between COVID-19 safety protocols and personal freedoms but all recognized that this public health crisis presented a novel challenge for both veteran board members and newcomers alike. With COVID-19 vaccines becoming available, many communities are considering whether or not to register to become a point of distribution (POD).

Please note that becoming a POD is subject to certain requirements and not every community will be eligible or able to meet the terms of the required agreements with vaccine providers.

Please take our 2-minute survey. For those communities who indicate a willingness to serve as a POD, and are a Becker client, your Becker attorney will assist your board in registering as a POD.

 

Please fill out the COVID-19 POD Servey

 

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Collections Tools for Self-Managed HOAs & Condos by Bob Gourley @Axela Technologies

Collections Tools for Self-Managed HOAs & Condos by Bob Gourley @Axela Technologies

  • Posted: Jan 28, 2021
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Collections Tools for Self-Managed HOAs & Condos

by Bob Gourley @Axela Technologies

 

When a condominium association or HOA makes the decision to self-manage, the Board of the association often must make difficult decisions about what to do themselves and what functions to outsource to third-party entities. What you need are the tools for collections for your self-managed condo or HOA.

Collecting common fees and assessments is the only way a self-managed association can fund itself and provide the goods and services to homeowners called for the association’s governance documents. Defaulting on these provisions is not an option. Ideally, all unit owners within the association remain solvent and pay their common fees and assessments on time. But what happens when they don’t? What tools are available to a self-managed condominium or HOA?

 

The High Cost of the Traditional Collection Method

Traditionally, collection of past-due common fees and assessments required hiring an attorney to represent the association in bringing forth a lien, and, if needed, a foreclosure action. While this approach can bring the association the title to a delinquent unit owner’s home, it isn’t always a profitable or even practical solution for the condominium or HOA.

Hiring an attorney creates additional risk in the form of legal fees that the association is bound to pay, regardless of the outcome of the legal actions. A well-intentioned association could very well spend more money than it could ever hope to receive in an attempt to collect past due monies they are owed and need to operate their associations.

 

New, Technology-Based Collections Tools for Self-Managed Associations

Axela Technologies decided to address the problem of common fee and assessment delinquency in a different and modern manner. As a full-fledged collection agency, Axela Technologies is able to offer true assistance to condominium associations and HOAs that find their budgets in jeopardy due to deficits created by delayed or delinquent common fees and assessments.

Charging no upfront money to the condominium association or HOA, Axela Technologies takes on the risk that would have been incurred by the expense of an attorney. The cost of using Axela Technologies is minimal and is passed on through the delinquent homeowner once the account is outsourced for collections.

This is an optimal situation for the association, and, to some extent, the delinquent homeowner, who is provided an opportunity to pay his common fees and assessments without having the onerous legal fees of an attorney added to his or her outstanding balance. The association minimizes risk and does not have to pay any fees to Axela Technologies. Additionally, Axela Technologies boasts a very high rate of successful collections, with only 5% remaining delinquent and requiring the use of an attorney to bring a foreclosure action against the delinquent homeowner.

Keep in mind that a foreclosure action still doesn’t guarantee a positive outcome for the self-managed condominium association or HOA. All the foreclosure action will do is gain title to the unit or home. It still needs to generate income, either through sale or rental, before the association may see some financial relief. While the attorney may assist in the foreclosure action, Axela Technologies will keep a vigilant eye on any surplus funds or other possible recovery for the condominium association or HOA. The goal is full recovery with minimal risk for the association.

 

Outsource Collections to Reduce Risk and Maximize Debt Recovery

Unless a self-managed condominium association or HOA is so well-funded that financial risk is of no concern to them, they would be well advised to outsource their collection efforts. Further, unless a self-managed condominium association or HOA wishes to risk spending money on legal fees, they would be well advised to outsource their collections to Axela Technologies. Axela Technologies’ history of successful condominium and HOA delinquency collection with no upfront cost or risk make them the easy choice.

The fact that their collection costs are far less than the legal fees charged by an attorney makes Axela’s collections tools a better choice, not just for the community, but also for the delinquent homeowner, giving them a much more likely chance to pay their delinquent fees and assessments to the association. Outsourcing collections to Axela Technologies is about minimizing risk and producing a successful outcome for all involved.

 

Learn more about Easy Collect, Axela’s collections solution for community associations here.

 

Need a Better Cash Flow for Your Condo or HOA?

YOUR COLLECTIONS PROCESS MAY BE WHAT’S HOLDING YOUR BUDGET BACK. LET US HELP WITH THIS FREE ANALYSIS.

A poor collections process can lead to a number of negative symptoms for a community association, from budget shortfalls to never-ending legal fees to loan denials for capital improvements. If your community is suffering, you may be looking in the wrong place for the right solution.

Axela Technologies specializes in community association collections. Our experts have years of CAM industry knowledge, combined with a deep understanding of collections processing.

Learn More!   In just 30 minutes, our experts will work with you to identify the areas in your current collections process that are not working, and give you actionable advice on how to improve your current process, increase the amount you are collecting, and save your community money.

Fill out the form to set up your free collections analysis now. Your analysis is completely free, and you are under no obligation to take any action.

It’s time to take a good, hard look at your collections process. Your community members, your board, and your budget will thank you!

 

 

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