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Aruba Permit Services specializes in helping Building Owners with 40-year inspections.

Aruba Permit Services specializes in helping Building Owners with 40-year inspections.

Aruba Permit Services specializes in helping Building Owners with 40-year inspections.

 

The 40-year Building Safety Inspection Program was created in 2005 and has become effective throughout Broward and Miami-Dade Counties since January 2006. 

Aruba Permit Services specializes in helping Building Owners with 40-year inspections. We are partners with Aruba Construction who has been a Certified General Contractor since 1990 and has qualified Engineers available to handle inspections of any size building.

 

Building owners and property managers should consult with our structural engineers to have a proper inspection completed as their building nears 40 years of age.

Visit our Website

 

 

These inspections are for the conditions of the building that include:

·         Masonry Walls (concrete condition, exposed rebar, spalling)

·         Floors and Roof Systems (drains, scuppers, supports for A/C)

·         Steel Framing (corrosion, fireproofing)

·         Concrete Framing (cracks, exposed rebar)

·         Windows (general condition, seals, anchorage)

·         Wood Framing (connector condition, rotting, bearing deficiencies)

·         Exterior Finishes (stucco, soffit, veneer deficiencies)

·         Electrical (panels, wiring, breakers)

 

 

 

After inspections are completed, the Engineer supplies a formal inspection package to the City or the County as required by the Board of Rules and Appeals. These inspections are required 40 years after the building has been built, and every 10 years thereafter.

If deficiencies are found in the building, Aruba has the knowledge and the manpower to handle any repair. Permits will be pulled for the repairs. All work will be followed up by the engineer to assure compliance. Aruba Permit Services is licensed and insured. 

 

Aruba Permit Services is here for you:

Phone: (954) 786-7292
Email: info@aruba-services.com
Address: 1413 S. Powerline Road, Pompano Beach, FL 33069

Contact us Today for a Free Quote!

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MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS /by Katzman Chaldler / July 23rd

MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS /by Katzman Chaldler / July 23rd

  • Posted: Jul 20, 2020
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MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS

WEBINAR Florida Register

MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS by Katzman Chandler Date: Thursday, July 23, 2020 Time: 12:00 pm – 2:00 pm Location: Online Event via, Zoom What are community association covenants and restrictions? What rules and regulations? How are they adopted and enforced? This course provides answers to these questions, as well as a primer on association governing documents, their order of priority and enforceability, and includes a review of fines and fining procedures. REGISTER NOW

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Before you sign that Contract / Eric Glazer: 9:00 am – 9:45 am / July 22, 2020

Before you sign that Contract / Eric Glazer: 9:00 am – 9:45 am / July 22, 2020

  • Posted: Jul 20, 2020
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Before you sign that Contract / Eric Glazer: 9:00 am – 9:45 am / July 22, 2020

WEBINAR Florida Register

Take 4 different classes on the same day all from the comfort of home! July 22, 2020 Eric Glazer: 9:00 am – 9:45 am Before you sign that Contract To register click here. Like always……IT’S FREE. Let’s make the best of the cards we were dealt, and learn together on-line. In the mean time, our firm and all of the sponsors of the Condo Craze and HOAs radio show wish all of you and your families nothing but good health and good spirits. Hoping to see you (on my computer). Sincerely, Eric Glazer

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Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

  • Posted: Jul 16, 2020
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Essential Hurricane Preparedness Guidebook for Florida Community Associations

by KatzmanChandler

Anticipating an active 2020 Atlantic hurricane season, the Florida Community Association Law Firm of Katzman Chandler today released its annual “Hurricane Preparedness and Recovery Guide for Community Associations” to help Florida communities protect their properties and safeguard community residents during what experts say will be a significantly more active storm season.

The Hurricane Preparedness and Recovery Guide for Community Associations entitled, “READY… SET… RECOVER” is immediately available for download online at the Katzman Chandler website (www.KatzmanChandler.com). Community Association Coalition Leaders throughout the State may also request and obtain printed copies of “READY… SET… RECOVER” for distribution to their member Community Associations by contacting info@KatzmanChandler.com or by calling Toll Free 800-987-6518.

The National Oceanic and Atmospheric Administration, (NOAA) on May 22, 2020 announced its prediction of an above-average hurricane season with 13 to 19 named storms and 6 to 10 hurricanes – with 3 to 6 classified as “major” (Category 3, 4 or 5) hurricanes, with winds of 111 mph or greater. In 2005, the most active storm season in recorded history saw a total of 28 named storms, including 15 hurricanes – 7 classified as “major,” including hurricanes Katrina and Wilma, which caused extensive property destruction and devastation to the livelihoods of millions of Floridians. While a typical hurricane by itself is a formidable adversary, navigating both pre and post hurricane conditions during the COVID-19 pandemic may prove to be exponentially more complicated – making early and complete preparation more important than ever.

“Because insurance companies are in the money-making business and accordingly, are financially motivated to deny or underpay claims, it is vitally important that volunteer Boards obtain legal advice when both purchasing their coverage and filing claims,” said Leigh C. Katzman, Esq., Founding Partner, Katzman Chandler. “The days of trying to successfully go it alone against insurance giants and a system designed to underpay policy holders are truly over. The Florida Legislature in 2011 shortened the time frame to file a claim, supplemental claim or reopened claim from 5 years to 3 years making it even more crucial that boards be prepared to act quickly and decisively when disaster strikes.”

“READY… SET… RECOVER, specifically assists Community Associations and their Management professionals to identify areas of concern, and to properly and fully prepare before a disaster strikes,” said Mary Ann Chandler, Esq., Managing Partner, Katzman Chandler.

 

The Katzman Chandler Hurricane Preparedness and Recovery Guide for Community Associations is arranged into four (4) main sections for ease of use:

  • The first section, “An Ounce of Prevention…” addresses routine planning and preparedness measures that are recommended to be undertaken before, or at the latest, in the early weeks of Hurricane Season.
  • The second section, “The Calm Before the Storm…” addresses actions to be taken when a Tropical Storm, Hurricane Watch or Hurricane Warning is issued for your area.
  • The third section, “Triage and the Initial Road to Recovery…” addresses the immediate and continuing actions to be taken to repair and rebuild your Community in the aftermath of a storm.
  • The fourth and final section, “It’s Your Insurer’s Turn to Write the Check…” describes the insurance claim and recovery process.

 

 

Katzman Chandler is a Full Service Florida Law Firm devoted to all aspects of Community Association representation. We are truly “Committed to Community” and evidence this commitment each day through Passion, Experience and Technology. Our Passion is clear in our dedication to identifying unique solutions to issues and concerns affecting our Clients. Our Experience is evident in our ability to utilize our skills and knowledge to provide our Clients with the highest quality work product and out-of-the-box strategies in the most cost-efficient manner. However, our Passion and Experience come together in our unique use and leveraging of Technology. Our utilization of Technology allows us to provide our clients with state-of-the-art features and programs that complement superior legal representation, and are second to none.

Regardless of the size of your community, Katzman Chandler is dedicated to meeting your needs, achieving your goals and exceeding your expectations. Our services include General Corporate Representation, Delinquent Account Collection, Litigation, Covenant Enforcement, Document Amendment/Rewrite, Property Insurance Damage Claim Recovery, and Construction Defect Representation. Katzman Chandler can be reached by calling Toll Free 800-987-6518 or via email at info@KatzmanChandler.com. Information about the Law Firm can be requested through their website which can be found at www.KatzmanChandler.com.

 

“If there is a single downside to living under the Florida sun, it is the risk of a significant storm impacting our homes and way of life.”

However, in times of need, members of the Katzman Chandler family of clients can rest assured that their interests are represented by some of the best attorneys in the industry.

“READY… SET… RECOVER” is immediately available for download online at the Katzman Chandler website by clicking here.

by Leigh Katzman, ESQ., Katzman Chandler

 

 

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WAIT – IT GETS WORSE By Eric Glazer, Esq. Published July 13, 2020

WAIT – IT GETS WORSE By Eric Glazer, Esq. Published July 13, 2020

  • Posted: Jul 13, 2020
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WAIT – IT GETS WORSE

By Eric Glazer, Esq.

I recently explained how lucky the banks are when they foreclose on a unit or a home and take back ownership.  The law protects them, and despite how much the unpaid condo or HOA assessments are, the bank is only responsible for the lesser of one year of assessments or 1% of the mortgage.  Many of you are outraged over that and I’m with you.

The association always hopes that a 3rd party buys the property at the bank’s foreclosure sale instead of the foreclosing bank, because under the law, a 3rd party, unlike the bank, would owe all past due assessments to the association.

But even though the law requires some payments to the association, your condo or HOA may get zero because of a terrible provision that may be looming in your governing documents.  Despite the fact that the law requires banks to pay the lesser of one year of assessments or 1% of the mortgage, and requires a 3rd party purchaser to pay all past due assessments, many of you have provisions in your governing documents that say the banks owe nothing when they take back ownership of a home or unit after a foreclosure and that a 3rd party purchaser owes nothing if they buy the property at a foreclosure sale.  That’s right, not a penny is owed to the association.  You are wiped out.

So what controls, the law or your governing documents?  In May Florida’s Third District Court of Appeal ruled in Old Cutler Lakes by the Bay Community Association v. SRP SUB .  A third party purchaser took title to a unit within the community via a bank mortgage foreclosure auction.

The governing documents contained the following provision: “The sale or transfer of any Lot pursuant to the foreclosure or any proceeding in lieu thereof of a first mortgage meeting the above qualifications, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.”

The Third DCA concluded that the 3rd part purchaser at the sale is not liable for any of the past-due assessments, attorney’s fees and/or costs that accrued prior to its acquiring title.

So what do you do now?  Check your governing documents.  Make sure they don’t contain a similar provision.  If they do, you certainly want to talk you’re your attorney about amending them properly so you at least get the crumbs owed to the association when a bank forecloses.

 

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FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL by Kaye Bender Rembaum

FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL by Kaye Bender Rembaum

  • Posted: Jul 06, 2020
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FACIAL COVERING REQUIREMENTS COUNTY BY COUNTY & A HAND SANITIZER RECALL

by Kaye Bender Rembaum

Below you will find face covering requirements for Palm Beach, Broward, Miami-Dade, Hillsborough, Pinellas, Pasco and Manatee Counties. In addition, the cities of Hallandale and Aventura are disucussed.

Where appropriate, face covering requirements for those living in condominiums and homeowners’ associations are discussed as well.

A recall was issued for a certain manufacture of hand sanitizer products which is presented immediately below the face covering information.

 

PALM BEACH COUNTY

Palm Beach County Order No. 2020-012 provides that effective June 25, 2020, facial coverings are required to be worn in public.  Specifically, facial coverings are required to be worn in:

 

i) Businesses and establishments of any type, including, without limitation, restaurants, retail stores, grocery stores, gyms, indoor recreational facilities and vehicles for hire,

ii) Public places, including outdoor areas that are open and regularly accessible, and outdoor common areas within private communities, where social distancing is not possible or not being practiced, 

iii) Palm Tran transit services, and

iv) County and municipal governmental facilities. 

 

Facial coverings are defined under the Palm Beach County Order as any covering which snugly covers the nose and mouth, whether store bought or homemade, mask or clothing covering, including, but not limited to, a scarf, bandana, handkerchief, or other similar cloth covering and which is secured in place. The Order is clear that facial coverings are required to be worn in outdoor common areas within private communities accessible to more than one housing unit where social distancing cannot be accomplished or is not being practiced.

One must also wear a facial covering while working in or visiting businesses and establishments, including indoor recreational facilities.

Businesses and establishments are further required to ensure compliance with the Order and establish a process for verification of compliance upon customer entry into the establishment, and to conspicuously post a specific sign in three languages (CLICK HERE TO LINK-http://discover.pbcgov.org/pdf/covid19/Retail-Mask-Poster.pdf) indicating that persons must wear facial coverings and maintain social distancing.

The Order does not specifically identify indoor common elements or common areas of condominium and homeowners’ associations as businesses or establishments where facial coverings must be worn. However, due to the fact that any type of business or establishment must comply and indoor recreational facilities are specifically listed as establishments in the Order, we believe that the Order likely applies to indoor common element and common area facilities.  Therefore, we recommend that you treat your indoor facilities as establishments under the Order until further orders or guidance is provided by the County.  This means that associations should monitor and require compliance with facial covering requirements, particularly in indoor recreational facilities, and conspicuously post the designated sign required by the Order.

There are exceptions to the facial covering requirements for certain individuals and in certain situations where they are not feasible, including, but not limited to, by children under two (2), by persons who have medical conditions such as asthma or COPD, and while consuming food or beverages.  However, the exceptions are limited and should be implemented in accordance with the Order so as not to cause the spread of the virus.  Finally, compliance is serious as the county has now indicated that fines and penalties may be issued for businesses that do not comply. Whether this includes associations is to be determined.

 

BROWARD COUNTY

Generally, facial coverings must be worn anytime you obtain a good or service from any establishment, including entering, exiting, and otherwise moving around within the establishment (and must be worn by persons working in those establishments during in-person interactions).

The covering should cover the nose and mouth, and comply with the CDC recommendations on the use and sanitation of such coverings. There are certain limited exemptions, including, without limitation, children under the age of two or children of any age while in the custody of licensed childcare facilities, persons with medical conditions, or during the time-period when you are receiving a good/service that precludes wearing a facial covering (e.g., eating, drinking, receiving a facial grooming).

Violations are subject to potential civil penalties (fines) and/or criminal enforcement (2nd degree misdemeanor).  Suspected violations can be reported to local municipal code enforcement.  The Broward County Order does not specifically require facial coverings within private residential communities (condos/HOAs). Please note, however, that cities may have stricter requirements than the county, so you should confirm with your city accordingly.

Any questions concerning the county requirements can be directed to the County COVID19 Hotline: ‪(954) 357-9500.

 

The relevant FAQ from the county, and the three (3) Orders are below:

FAQ about Facial Coverings from County: https://www.broward.org/CoronaVirus/Documents/FacialCoveringsFAQs.pdf

EO #12: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-12.pdf

EO #13: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-13.pdf

EO #14: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-14.pdf

 

CITY OF HALLANDALE

Facial coverings are required within the common areas of all buildings with multiple residents per Emergency Order HB20-12.

 

CITY OF HOLLYWOOD

All persons beyond legal boundary of residential property are required to wear facial coverings consistent with CDC guidelines as per Emergency Order 2020-06.

 

 

MIAMI-DADE COUNTY

Miami-Dade County issued Emergency Order 20-20 on April 9, 2020 (“Order 20-20”) which requires that all persons working in or visiting grocery stores, restaurants, pharmacies, construction sites, public transit vehicles, vehicles for hire, and locations where social distancing measures are not possible to wear facial coverings. In other words, face masks are required where social distancing is not possible. The Order defines a facial covering as “any covering which snugly covers the face and mouth, whether store bought or homemade, and which is secured with ties or ear loops.”

On May 15, 2020, Miami-Dade County issued Emergency Order 23-20 (“Order 23-20”) further providing that anyone “working in or visiting an establishment, including but not limited to airports, seaports, and mass transit facilities and vehicles” must wear a facial covering as described in Order 20-20. However, Order 23-20 provides an exemption for children under the age of two years, persons who have trouble breathing, where federal or state safety regulations prohibit the wearing of facial coverings, and for persons engaged in strenuous physical activity.

On May 27, 2020, Order 23-20 was amended to provide an additional exemption to the facial covering requirement “while persons are eating or drinking.” Additionally, Order 23-20 adopts The New Normal; A Guide for Residents and Commercial Establishments (the “New Normal Guidelines”) which includes industry specific protocols for the reopening of retail and commercial establishments, including general reopening guidelines that provide that facial coverings must be worn inside businesses and commercial establishments or wherever social distancing is not possible.

On June 22, 2020, Mayor Carlos A. Gimenez released a statement regarding the importance of wearing masks and social distancing. He reiterated that masks are required indoors at business establishments and outdoors when people cannot practice social distancing to remain at least six (6) feet apart. In his statement, Mayor Gimenez acknowledged the stricter rules issued by some municipalities in Miami-Dade County, including Miami, North Miami Beach, Aventura, Hialeah, and Miami Gardens.

 

CITY OF AVENTURA

As pertains to community associations, the City Manager of Aventura issued Emergency Order Number 12 (“Order 12”) which provides additional mandates requiring the use of facial coverings in the interior “Common Areas” of commercial buildings and residential condominium and cooperative buildings. Order 12 provides that common areas include lobby/reception areas, hallways, elevators, mailrooms, clubhouse/meeting rooms, and stair wells. That means that you are required to wear a mask in any interior common areas of condominium or cooperative buildings in the City of Aventura. It is important to note that Order 12 provides that property managers/building managers are required to enforce the facial covering requirement.

 

HILLSBOROUGH COUNTY

Order 2020-27 went into effect on 5pm June 24, 2020.  The order does not specifically apply to community associations as they are not a “business” under the order. Face coverings must be worn inside all indoor establishments. Businesses are required to enforce the mask order and can be charged with a second-degree misdemeanor if they don’t, a penalty of up to 60-days in jail and/or six months’ probation and a $500 fine.  The exception does not apply to children under two, persons with pre-existing medical conditions that would be worsened by a mask, hearing-impaired persons, those working in a profession that would be unable to perform their duties with a mask such as public safety, exercising, eating and drinking, or those already observing federal social distancing guidelines (the 6-foot rule).

Tampa is the only exception in Hillsborough where the mask rule would apply to community associations.  if you are outside your home, you must wear a face covering and if no face covering,  up to a $500 citation could be issued.  This would apply to community associations whenever a resident is outside of their residence.

 

PINELLAS COUNTY

Order 20-14 went into effect on 5pm June 24, 2020. Face coverings must be worn in all indoor public places in Pinellas County.  While not specifically drafted to apply to community associations, the definition of indoor public place would cover community associations when the residents can access the facility.  The only exceptions applicable to community associations are if less than 10 people are in the facility and they are practicing social distancing.  Parties not wearing a mask can receive a civil citation of $100 for a first offense, $250 for a second and $500 for a third. Additional repeat violations may result in a misdemeanor arrest.  The exceptions mirror those of Hillsborough County and Pinellas’s enforcement cannot conflict with the Americans with Disabilities Act.  The Order does not apply to government entities or hospitals or persons under the age of 18.

 

PASCO COUNTY

Order went into effect ‪5pm on June 25, 2020.  Face coverings must be worn inside all businesses, government offices, and schools.  The definition of businesses is nebulous enough to ensnare community associations under the “providing services to the public” standard.  If someone does not wear a mask in the aforementioned places, they will not be able to enter the business, or will be removed once inside. Individual business owners are required to enforce the ordinance or may face a fine up to $250. The exceptions mirrors Hillsborough County and Pasco’s enforcement cannot conflict with the Americans with Disabilities Act.  It is suggested you speak with your community association’s attorney due to the lack of specificity in Pasco County’s Order to determine if the Order may apply to your community association.

 

MANATEE COUNTY

No mask requirements.

 

 

HAND SANITIZER RECALL 

The Food and Drug Administration issued a warning on nine alcohol-based hand sanitizers manufactured by Eskbiochem SA de CV in Mexico because  it contains wood methanol, a toxic substance.  It can result in death if ingested or if  absorbed through the skin.

“Consumers who have been exposed to hand sanitizer containing methanol should seek immediate treatment, which is critical for potential reversal of toxic effects of methanol poisoning,” the FDA wrote on June 19.”

Following is list of the hand sanitizers manufactured by Eskbiochem:

 

All-Clean Hand Sanitizer (NDC: 74589-002-01)

Esk Biochem Hand Sanitizer (NDC: 74589-007-01)

CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-008-04)

The Good Gel Antibacterial Gel Hand Sanitizer (NDC: 74589-010-10)

CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-005-03)

CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-009-01)

CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-003-01)

Saniderm Advanced Hand Sanitizer (NDC: 74589-001-01)

 

 

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CAN I FLY MY FLAG? By Eric Glazer, Esq.

CAN I FLY MY FLAG? By Eric Glazer, Esq.

  • Posted: Jul 03, 2020
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CAN I FLY MY FLAG? By Eric Glazer, Esq.

Published June 29, 2020 Eric Glazer 

 

It’s July 4th.  Our country’s birthday.

USA flags will be flying everywhere, even in our community associations and even if the Board in that association says take it down.  With the political upheaval sweeping the country, this year I anticipate receiving complaint about owners or renters displaying flags that are not American flags, but flags that support a specific cause.    The question is…can they do it.  The answer is…not if the Board says they can’t.

The 4th of July – INDEPENDENCE DAY! It’s a day when we all should celebrate the birth of our nation – a nation that was built on the foundation of our CONSTITUTION and the statement: “IN GOD WE TRUST”! It’s a day when we should proudly display our nation’s flag: OL’ GLORY!

Our nation has a lot to be proud of and I think it’s high time to finally teach our kids our proud history. Our kids should know how our forefathers fought for independence and what it all meant. Especially Ivy League students should know who fought in the War of Independence. Aren’t these students supposed to be the “future of our country?”

 

The Freedom to Display The American Flag Act of 2005 states:

A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.

Many proud owners of properties within community associations have proudly displayed “OL’ GLORY” – and paid a heavy price for it in many cases. Lots of lawsuits have been fought over flying “Ol’ Glory!” I can assure you, if you would have all the legal fees wasted here in Florida on these lawsuits, you would be a multi-millionaire.

After the long lawsuit fought by George Andres – nicknamed the Jupiter flagman – we were able to add provisions into the community association statutes (FS 718.113(4)  + FS 720.304(2) that allows owners to proudly fly our national flag (and some others, see statutes). But, what’s new? Some association board members and management companies still haven’t gotten the message.

But this is the 4th of July and we celebrate the BIRTH OF OUR GREAT NATION.

Let’s show our pride in our great nation and proudly fly “OL’ GLORY”!

 

This federal law allows the association to make reasonable restrictions.  Florida codified its own law and states:

For condominiums:

Any unit owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations.

 

For homeowner associations:

Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.

(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.

 

 

An HOA board that did not bother to check out state laws would quickly find itself in a losing position if it tried to enforce a covenant restricting flagpoles – especially where the flagpole was well-maintained and the display was respectable in accordance with the

U.S. Flag Code.

So when it comes to enforcing covenant restrictions – real or imagined – against homeowners displaying flags or building flagpoles, boards should look before they leap.

 

So, the law is clear.  You only have a right to display the flag of the USA.  The stars and stripes.  That’s it.  You have no right to display any other type of flag and your association may require you to take it down.

It’s more important than ever to display the flag.  Do so proudly.

FL Statute 720.304(b)

specifically states: “Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement.”

 

Glazer & Sachs, P.A.

Florida Homeowners’ Association and Condominium Law Attorneys

Thank you for your interest in Glazer and Sachs, P.A.  Our six attorney firm exclusively practices community association law.  Visit our website located at www.condo-laws.com and be sure to click on our “Legal Beat” newsletter where you can read our association law newsletters that we have been publishing for the past two decades.  While there, you can also learn more about the firm’s attorneys, see some of our TV appearances and read articles from around the country wherein attorneys at this firm have been asked to comment about association legal issues.

 

 

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FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

  • Posted: Jun 22, 2020
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FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

By Eric Glazer, Esq.

So here is what you need to know in a nutshell:

  1. Mortgage defaults are soaring.  In fact, homeowners stopped paying mortgages in record numbers in April.  It was the largest one month increase ever recorded.
  2. Under Florida law, that spells financial disaster for our condos and HOAs.

Keep this in mind as you read this.  Florida law protects the banks.  When a bank forecloses on a condo unit or a home, several things normally happen:

  1. The owner is also not paying the condo or HOA assessments;
  2. The bank foreclosure takes many months and even years;
  3. Even when the bank finally finishes their foreclosure and owns the home or unit, they owe the condo or HOA very little and the association just lost a lot of money.

So why does Florida law allow the condos and HOAs to get slaughtered?  Under Florida law, if the bank winds up owning the home or unit — even if the association has not been paid in years – the bank only owes the association the lesser of one year of assessments or 1% of the mortgage debt.  In sum, it is usually a fraction of what is owed to the association.

 

So why is the law written this way?  Clearly to protect the banks.  The theory is….. if we pass a law and make banks responsible for payment to the association for all of the unpaid dues of the owner they just foreclosed on, banks simply will not lend money to people who want to buy in a condo or HOA.  Maybe that’s true.

If however such a law did exist, all it would mean that banks would have to protect themselves a little more.  They already protect themselves when it comes to real estate taxes.  You know how they make you escrow a year of real estate taxes in advance?  That’s done because real estate taxes have a greater priority than mortgages do.  If the taxes don’t get paid, the county can wipe out the mortgage and the bank would be owned nothing.  So in response, the bank makes you pay the real estate taxes in advance so they’re covered.

Condo and HOA assessments can be treated the same way by the banks if it were necessary but, as you can see, the politicians make sure they the money owed to the county is given SUPER PRIORITY over all other obligations on the property.  Taxes are first in line.  Their money is guaranteed. To the contrary, they don’t care about the money owed to the associations.  I the law were changed, the bank can easily make a borrower escrow a year of assessments if they want to buy that condo or home  so just in case all goes bad, the association is covered. Maybe they can charge an extra quarter of a point in interest as well.  At least  people on fixed incomes won’t have to cover the delinquencies of their neighbors.

So now you know why you get the short end of the stick when foreclosures increase and the economy tanks.  Next week we will tell you what to do about it.

Suffice to say……..there may be a rough road ahead.

 

 

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New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

  • Posted: Jun 22, 2020
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Florida’s Department of Business and Professional Regulation Issues New Guidelines for Community Associations

Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

 

Board members and property managers of condominium communities need to be aware that the State of Florida’s Department of Business and Professional Regulation issued revisions to rules pertaining to violations and penalties, 61B-21, Condominium Resolution Guidelines for Unit Owner Controlled Associations,

The disciplinary guidelines detail minor violations and penalty guidelines within Chapter 718, F.S.  If a violation is deemed minor, the division will send a Notice of Noncompliance to the association. A community association’s failure to timely comply with the Notice of Noncompliance may result in sanctions, including civil monetary damages and enforcement. For the violations not deemed minor by the division, there is no longer a notice/warning requirement and, if found guilty of the violation, the Association may be fined pursuant to the new standards in the rule.   Rulemaking Authority 120.695, 718.501(1)(d)6., (f) FS. Law Implemented 718.501(1)(d)6. FS. History–New 6-4-98, Amended 10-23-18. 

 These disciplinary guidelines were enacted to inform affected parties about the range of penalties which may be imposed for violations, pursuant to subsection 61B-21.003 detailing penalty guidelines in the following categories: Accounting Records, Assessing, Board, Budgets, Commingle, Common Expenses, Conflict of Interest, Converter Reserves, Debit Card, Elections, Estoppel Certificate, Final Order, Fiduciary Duty, Investigation, Property, Records, Reporting, Reserves, Special Assessment and Website.

 

“It is important for community associations and the governing boards to understand the consequences and potential monetary ramifications they will face if they do not abide by these new guidelines,” said Frank J Mari, Director of State of Florida Property Management Association. “Ignoring or not fully compiling with the Florida Department of Business and Professional Regulation’s rules, as well as Chapter 718, Florida Statutes, in a timely manner can have a detrimental effect on an association’s financial standing.”

If an association fails to comply with a Notice of Noncompliance, a civil penalty will be imposed between $5 and $10, per unit, for each minor violation. The penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any aggravating or accepted mitigating circumstances. The minimum total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater. In no event shall a penalty for a minor violation exceed $2,500, the statutory maximum for a single minor violation. For all other violations (those not deemed to be minor), the penalty imposed is between $10-$30 per unit for each violation and the statutory maximum is $5,000.00. For both types of violations, multiple counts of the violated provision or a combination of the listed violations are added together to determine an overall total penalty.

 

SFPMA – State of Florida Property Management Association is an Organization in Florida that Advocates Educates for Members in the Condo, HOA and Property Management Industry. On behalf of our Industry Members our goal is to keep the industry informed and Provide information for their protection. We have on our Website sfpma.com resources where Board Members, Property Managers can Learn, Network, Engage and Find Top Companies that work in the industry – Search for companies on our Members Directory

Legal Sponsors: KBRLegal.com – Pompano Beach and Palm Beach offices. are the Legal Sponsors for our Association we value the important information and articles they provide for our industry.

 

 

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Stay Ahead of the Curve: Lessons in Technology Learned from Covid-19 by Jeffrey Rembaum, Esq. Kaye Bender Rembaum

Stay Ahead of the Curve: Lessons in Technology Learned from Covid-19 by Jeffrey Rembaum, Esq. Kaye Bender Rembaum

  • Posted: Jun 04, 2020
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Stay Ahead of the Curve:  Lessons in Technology Learned from Covid-19

by Jeffrey Rembaum, Esq.   Kaye Bender Rembaum

 

The statutory emergency powers granted to community associations as a result of the Covid-19 State of Emergency proved to be a valuable resource for the orderly operations of Florida’s community associations. Many associations had to make significant changes to how they conducted the business of their association. For example, holding board meetings via “Zoom” and “GotoWebinar” became invaluable. But, when the State of Emergency is over can annual meetings and board meetings continue to take place on the internet? Sure they can, subject to the important considerations explained below. In addition, what other technologies can be utilized by the board?

 

 In fact, at the present time there are three statutory grants of technology that an association can utilize to make conducting the business of the association easier on a regular basis. They include, holding meetings electronically, voting electronically, and using email as an official means of communication to the members rather than the U.S. Postal Service. Electronic board meetings allow the board to continue conducting the business of the association without putting themselves or others in harm’s way. But even more than that, by attending electronically think of all of the gas that is saved since no one has to drive to the meeting. More than that, think of the extra time spent not driving or walking to the meeting and how it could be used as family quality time or just to relax.

 

However, if the board chooses to use video conferencing, it is important to remember that the board must comply with the statutory provisions regarding board meetings. The members must receive notice of the meeting pursuant to the bylaws of the association, and in any event, at least 48 hours in advance of the meeting. Additionally, condominium association members must have the right to speak to all designated agenda items and HOA members also get the additional right to speak on any item discussed by the board (this is because from a strict statutory interpretation condominium association boards are only supposed to address what is set out on the agenda, while such restriction does not apply to HOA boards). Remember, there is no exception to the meeting notice requirements and the need to provide opportunity for member comment. Therefore, any video conferencing software the board utilizes must allow members to virtually attend the meeting and have the opportunity to speak.

 

The second technology that associations can utilize to make life easier is electronic voting. Florida law allows condominiums, homeowners associations, and cooperatives to conduct elections and other owner votes electronically. When an association board adopts electronic voting, each member of the association must opt in, in writing, and can then vote safely from the comfort of their own home. Imagine all of the time saved by punching a computer button to get the tally, rather than counting by hand, in some instances over 1,000 votes!

 

To adopt electronic voting, the Board must first adopt a resolution authorizing an online voting system. The board resolution must provide that members will receive notice of the opportunity to vote online and must establish reasonable procedures and deadlines for members to consent, in writing, to online voting, and procedures for members to opt out of online voting. Once the board has approved electronic voting, the board must select an online voting system that complies with the requirements of Florida law. The online voting system must be able to do the following: (1) authenticate the owner’s identity, (2) authenticate the validity of each electronic vote to ensure that the vote is not changed during transmission, (3) transmit a receipt to each owner who casts an electronic vote, (4) be able to separate any authentication or identifying information from the ballot when voting must be done by secret ballot, and (5) be able to store and keep electronic votes accessible for recount, inspection, and review purposes.

 

Please take note that the board cannot force owners to vote electronically. Thus, a necessary step is to obtain each member’s written consent to participate in electronic voting. If an owner does not consent or opts out of electronic voting, then the board must allow that owner to paper vote.

 

The third technology an association can utilize which saves money, paper and time, is using electronic notices for official association communications. In other words, give up postage stamps in favor of using e-mail. Generally, associations are required to send official notices via mail or hand delivery. However, the association may choose to send notice via e-mail but only if an owner has provided their written consent to receive their notices electronically.

 

E-mails used for official association communications can only be sent to those owners who consent, in writing, to receive their official notices by electronic transmission. The written consent must specifically authorize the association to transmit notice electronically. An owner who has consented to electronic notice may opt out at any time. The association must retain a roster of the e-mail addresses and the written consents of owners as an official record of the association. The member is responsible to ensure the association’s emails are not blocked or categorized as spam. Failure to receive an email due to a member’s inability to receive the email will not be a valid reason for objecting. Budget adoption notices, annual meeting notices, election notices, board meeting notices and so much more can be provided via email.

 

  Over the last several months, many associations have had to learn how to utilize technology to conduct the business of their association during the Covid-19 pandemic. Some have done so correctly and likely others have not. Thus, in utilizing any of the technology discussed in this article, an important step is to consult with your association’s attorney to ensure proper compliance with all the statutory requirements. Let us also turn a negative into a positive by continuing to use technology to assist the association with smooth operation. Who knows, perhaps one day, there will be a way for members to virtually enjoy the amenities, too. Until then, you’ll find me at the pool deck.

 

 

Jeffrey Rembaum’s, Esq.

legal practice consists of representation of condominium, homeowners, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of “Rembaum’s Association Roundup,” an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list, and was also named Legal Elite by Florida Trends Magazine.

He can be reached at 561-241-4462.

 

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