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UPSTREAM GOES “HOLLYWOOD”!

UPSTREAM GOES “HOLLYWOOD”!

  • Posted: Apr 23, 2019
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Members in the News:

Upstream Network, the multi-family’s premier provider of broadband services, expanded its services this month to Hollywood Towers Condominium (Hollywood, Florida)

“This upscale building was very unhappy with the local service provider, and wanted something special for its residents,” explained Bryan Rader, President of Upstream. “And that’s what we gave them.”

Hugh Moore, Property Manager of Hollywood Towers described the experience. “Very well done. The technical team was experienced, friendly, and responsive, and the products are amazing.” He continued “the picture quality is a huge upgrade and so are the internet speeds. My residents are thrilled with their performance.”

Upstream Network continues to add buildings to its network in key markets. “Our audience really enjoys using our platform. We’ve added several thousand new units recently, and just started construction on another large community in Miami,” Rader explained.

“I would absolutely recommend Upstream,” Moore concluded. “I wish they were in the building I live in.” Upstream Network’s recent customer satisfaction ratings are consistent with the experience at Hollywood Towers, with over a 94% satisfied rating. “Our growth is directly tied to our ability to perform,” Rader stated. “And we are performing.”

For more information about Upstream Network View our Membership Page on the State of Florida Property Management Association‘s, or direct by Email at mmalecki@upstream.network

Bryan Rader
President
341-540-1114
brader@upstream.network

 

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ARE GOVERNING DOCUMENTS PREVENTING YOU’RE ASSOCIATIONS PROGRESS?

ARE GOVERNING DOCUMENTS PREVENTING YOU’RE ASSOCIATIONS PROGRESS?

  • Posted: Feb 03, 2019
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Updating community association documents is a difficult, often cumbersome task.

For this reason, many HOA and COA boards simply table the discussion, putting it off for a better, more convenient, time in the future. However, outdated policies and governing documents often make it hard for community managers to move forward when change is necessary, and would ultimately benefit the full membership. While, the actual rewording of existing covenants, bylaws and ancillary documents is a task for legal teams.

 

WHEN SHOULD COA & HOA BOARDS CONSIDERING UPDATING GOVERNING DOCUMENTS?

If you association’s CC&Rs and bylaws have not been reviewed for five years, or more, it is time to request a legal review to ensure your documents comply with current statutes and laws. Older documents may not address modern communication options like emailing, texting and owners’ portal. Also, there have been important changes that will improve an association’s ability to collect delinquent assessments that can be negatively impacted by outdated governing documents.  If your documents have not been updated, then due to the safe harbor law and joint and several liability, back owed association dues may not roll over if the house is sold. The documents can be re-written to include language that mentions if the house has past due assessments when sold, then the new owners can be held liable for these payments.

When considering whether to ask your attorney to look for inconsistencies in condominium planning or subdivision maps, you may also want to ask the legal team to review the original articles of incorporation and other policies that cover code restrictions and financial reporting. It is imperative that the board keeps these written policies up-to-date to prevent ambiguities and confusion for directors and the membership.

There are several key tasks that association leaders must assume responsibility for during a review. For example, the board is responsible for notifying homeowners about the upcoming review, and gaining the appropriate level of voting support before implementing any changes to documents.

 

 

HOW CAN YOUR COMMUNITY ASSOCIATION GAIN FULL SUPPORT FROM YOUR MEMBERSHIP?

To elevate the chances of gaining acceptance from your homeowners to proposed amendments, the board needs to make a strong effort to keep the membership informed throughout the process. It is a good idea to appoint a committee to oversee the process and act as “points of contact” for stakeholders who have questions. The committee members may also solicit feedback from members via telephone, email or face-to-face contact.

There is another, efficient, less burdensome way to solicit support, especially if one reason for the review is that your association plans to modify fee, assessment and debt collection documents. Partnering with a full-service, industry-specific organization that intimately understands HOA, COA and time-share business models helps ensure that your communication is always compliant. Axiom Resources professionals work closely with community associations to develop collection strategies aligned with all federal, state and local statutes, laws and restrictions. In the role of industry mentor, key personnel help directors and board members design communication policies that benefit homeowners, while protecting community assets.

Leveraging the power behind years of experience in the community association industry, HOA and COA boards can address bad debt and potential debt challenges before problems escalate to the point that homeowners and association management become frustrated.

 

COLLABORATING WITH A MENTOR & PARTNER

Using An Association Attorney that provides services supported by industry professionals who understand the nuances and regulatory challenges associated with covenanted community management. Please visit our Members Directory on SFPMA or call today to discuss ways our team can help you navigate the document review process and implement stronger debt management solutions that benefit homeowners and the association.

 

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Does an HOA have to renew records for the entire community and for each homeowner

Does an HOA have to renew records for the entire community and for each homeowner

  • Posted: Jan 02, 2019
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We were asked a Question– In Broward County does an HOA have to renew our records for our entire community or just for each homeowner? 

Florida Department of Economic Opportunity

Revitalization of Expired Homeowners Association Declarations and Covenants

In 1963, the Florida Legislature enacted the Marketable Record Title Act (“the Act”), codified as Chapter 712, Florida Statutes. The Act was intended to simplify title searches by extinguishing old title defects and other recorded issues affecting title to real property after 30 years, except for certain matters (see Section 712.03, Florida Statutes – Exceptions to marketability).

An unanticipated consequence of the Act was that it extinguished the covenants of some planned communities, which suddenly found they had lost their legal authority to collect assessments and enforce the covenants. Since then, the Florida Legislature has amended the statutes to provide both a process to preserve the covenants before they are extinguished by the Act, and a process to reinstate them if they have already been extinguished or have expired.

Applicable Statutes

 

 

Revitalizing Expired / Extinguished Homeowner Association Declarations of Covenants

Chapter 720, Part III, Florida Statutes, creates a mechanism to revive / reinstate / revitalize (these terms are all used to mean the same thing) a declaration of covenants that has ceased to govern some or all of the parcels in a subdivision. Briefly, the process includes the following steps:

  1. Parcel owners within a community must create an organizing committee composed of not less than three community members.
  2. The organizing committee must prepare the declaration of covenants and, if necessary, updated governing documents for the homeowners association, which must then be approved by a majority of affected parcel owners.
  3. Next, the committee must send the proposed revived declaration and homeowners association governing documents to the Department of Economic Opportunity (DEO) at the following address:
    • Department of Economic Opportunity
    • Attn: Division of Community Development
    • 107 East Madison Street, MSC 160
    • Tallahassee, Florida 32399-4120
  4. DEO has 60 days to determine whether the documents comply with the requirements of Chapter 720, Part III, Florida Statutes, and issue a letter determination approving or denying the requested revitalization. It is not uncommon for DEO to complete its review and issue a letter approval or denial before the sixtieth day.
  5. If DEO approves the proposed revitalized declaration and homeowners association governing documents, the declaration of covenants, articles of incorporation and bylaws of the homeowners association, the DEO determination letter of approval, and a legal description of each affected parcel must be recorded with the Clerk of the Circuit Court in the county where the affected parcels are located within 30 days after the organizing committee receives DEO’s approval. The articles of incorporation must also be filed with the Department of State if they have not been previously filed. Immediately after recording, the organizing committee must provide copies of the recorded documents to the owners of all affected parcels.

Limited Role of DEO

As noted above, DEO’s role with regard to homeowners association covenants is limited to deciding whether documents proposing to revitalize expired/extinguished covenants that are submitted to DEO by an organizing committee comply with the requirements in Chapter 720, Part III, Florida Statutes. DEO has no authority to:

  • Extend the duration of homeowners association covenants that have not expired,
  • Deny approval of proposed revitalized covenants because of a dispute between a homeowners association and one or more of its members, including disputes in litigation,
  • Decide whether any of the lots in a subdivision are exempt from revitalized covenants,
  • Regulate homeowners associations,
  • Resolve complaints about homeowners associations, or
  • Provide legal advice.

If you need legal advice in connection with proposed revitalized homeowners association declarations, you may contact The Florida Bar’s Lawyer Referral Service at 1-800-342-8011, Monday through Friday, from 8:00 a.m. to 5:30 p.m. Eastern time, or through its website (The Florida Bar). The Florida Bar can provide you the names of attorneys in your area who may be able to assist you.

 

Frequently Asked Questions

What is Meant by “Verified Copies” and “Affidavits”

Part III of Chapter 720, Florida Statutes, states that “verified copies” and “affidavits” must be submitted to DEO as part of the covenant revitalization process.

Verified Copies

A “verified copy” means that someone has sworn under oath and in the presence of a notary public or other officer legally authorized to administer oaths that the copy is a true and accurate copy of the original document. When verified copies are required, a notarized letter from a member of the organizing committee or an officer of the homeowners’ association may be attached to the copies as verification that they are accurate copies. The letter should say that the person signing it verifies that the documents attached to the letter are accurate (or true and correct, or exact) copies of the original documents. If the documents are not attached to the letter, the letter must identify the specific documents to which it refers. Copies of the association’s governing documents that have been obtained from the official records of the county where the subdivision is located and have been certified as accurate by the Clerk of Court are also acceptable.

Affidavits

An “affidavit” is a written statement confirmed by the oath or affirmation of the person making it (the affiant), taken before a person having authority to administer such an oath or affirmation. In other words, it is a written statement that is signed and sworn to be true in the presence of a notary public or other official who is legally authorized to administer oaths. It must be signed by the person making it, and be signed by and bear the original stamp or seal of the notary/official.

 

How Do I Obtain Copies of My Homeowners Association Governing Documents and Covenants?

The governing documents for a subdivision and homeowners association consist of the declaration of covenants, the articles of incorporation, and the bylaws. The declaration of covenants for a subdivision is usually recorded in the Official Records of the Clerk of the Circuit Court for the county in which the subdivision is located. Copies of the Articles of Incorporation and bylaws of the homeowners association can be obtained from the Florida Department of State, Division of Corporations. Copies of the governing documents may also be obtained directly from the homeowners association.

 

Does the State of Florida Regulate Homeowners Associations?

No. Homeowners associations are required to comply with applicable Florida Statutes. However, they are not regulated by any state agency.

 

Who Handles Disputes / Complaints about Homeowners Associations?

Under Section 720.311, Florida Statutes, the Department of Business and Professional Regulation offers a dispute resolution program for some types of disputes between a homeowners association and parcel owners.

 

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How are repairs addressed with Property Managers in my building

How are repairs addressed with Property Managers in my building

  • Posted: Dec 09, 2018
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How are repairs addressed with Property Managers in my building

Maintenance and Repair Costs

Good maintenance and repairs keep tenants happy and preserve the value of your investment which make them a very important part of land-lording. By hiring a management firm you gain access to both their in-house maintenance staff, as well as their network of licensed, bonded and insured contractors who have already been vetted for good pricing and quality work. This can translate into significant savings compared to going through the yellow pages and hiring a handyman yourself.

*South Florida Property Management Association has our own Vendor & Business Member directories these members directly aid our Management members giving them cost savings for any work needed in the buildings they manage. This savings means savings for the building owners.

 

Increased inspections means happier tenants, It aids in the value of your investment

Preventative maintenance is achieved through putting systems in place that catch and deal with maintenance and repair issues early on, before they grow into larger more costly problems. This requires a written maintenance check program, detailed maintenance documentation and regular maintenance visits. The management firm can also offer you suggestions and feedback on upgrades and modifications, both how they will affect the rent you can charge, as well as their impact on maintenance and insurance.

[/accordion-item] [accordion-item title=”Services that Property Managers provide”]The following is a list of the tasks a Manager commonly perform for owners. You may only need some of these services, and the Management companies you interview may offer more or less than what is listed here.

Evaluate the property and determine an accurate rental rate

  • Perform detailed documentation of the interior and exterior including photos
  • Offer recommendations on repairs and cosmetic improvements that maximize monthly rent while providing good ROI.
  • Gather data on rental rates in the area and work with owners to determine the optimal rental rate. Rent research will vary, but should include looking at the recently rented comparables according to size and type.
  • Discuss with owners the pros and cons of different policies such as accepting pets, allowing smoking etc.

 

Market the property for rent

  • Prepare home for rent
    • Clean home and optimize interior appeal
    • Manicure landscaping to increase curb appeal
  • Create ads tailored to the property and advertising medium. Some of the mediums commonly used are:
    • Paid and free rental listing websites
    • Print publications
    • Signs
    • MLS
    • Fliers
  • Work with other realtors and leasing agents to find a tenant
  • Provide a 24-hour hot-line where prospective tenants can listen to detailed information about the property
  • Field calls from prospects for questions and viewings
  • Meet prospective tenants for showings throughout the week and weekend.
  • Provide prospective tenants with rental applications that are legally compliant with fair housing laws
  • Collection applications with application fee
  • Perform a background check to verify identity, income, credit history, rental history, etc.
  • Grade tenant according to pre-defined tenant criteria
  • Inform tenants who were turned down
  • Draw up leasing agreement
  • Confirm move in date with tenant
  • Review lease guidelines with tenant regarding things like rental payment terms and required property maintenance
  • Ensure all agreements have been properly executed
  • Perform detailed move in inspection with tenant and have tenants sign a report verifying the condition of the property prior to move-in.
  • Collect first months rent and security deposit
  • Receiving rent
  • Hunting down late payments
  • Sending out pay or quit notices
  • Enforcing late fees
  • Filing relevant paperwork to initiate and complete an unlawful detainer action
  • Representing owner in court
  • Coordinating with law enforcement to remove tenant and tenants possessions from unit
  • Advise in the event of a legal dispute or litigation
  • Refer owner to a qualified attorney when necessary
  • Understand and abide by the latest local, state and federal legislation that apply to renting and maintaining rental properties.
  • Perform periodic inspections (Inside and outside) on a predefined schedule looking for repair needs, safety hazards, code violations, lease violations, etc.
  • Send owner periodic reports on the condition of the property
  • Provide accounting property management services
  • Make payments on behalf of owner (Mortgage, insurance, HOA dues, etc.)
  • Detailed documentation of expenses via invoices and receipts
  • Maintain all historical records (paid invoices, leases, inspection reports, warranties, etc.)
  • Provide annual reporting, structured for tax purposes as well as required tax documents including a 1099 form
  • Advise owner on relevant tax deductions related to their rental property
  • Provide easy to read monthly cash-flow statements which offer a detailed breakdown of income and itemized expenses
  • Provide and oversee an in-house maintenance crew
  • Establish a preventative maintenance policy to identify and deal with repair needs
  • Provide an network of licensed, bonded and fully insured contractors who have been vetted for good pricing and good work that is up to code.
  • Assign jobs to different parties (in-house employees, handyman and professional contractors) based on who will do the best job for the best price.
  • Maintain outdoor areas
    • Leaf and snow removal
    • Landscaping
    • Removing trash and debris
  • Maintain and monitor a 24 hour emergency repair hot-line
  • Larger renovation or rehab projects
    • Provide recommendations on how the project can maximize rental income.
    • Prepare preliminary cost estimates
    • Get multiple independent bids for the work
    • Act as general contractor overseeing the work
  • Inspect unit and fill out a report on the property’s condition when the client moves out
  • Provide tenant with a copy as well as estimated damages
  • Return the balance of the security deposit to the tenant
  • Forward any portion of the owner’s portion of the tenant deposit to the owner or hold in owner reserves for repairs.
  • Clean unit and perform and needed repairs or upgrades
  • Re-key the locks
  • Put the property back on the market for rent

 

 

How does the community association manager track incoming resident maintenance requests and the subsequent work orders?

A software solution should be in place here. You want to find a manager with a system that does not allow maintenance requests to fall through the cracks and require multiple tenant requests before the work is done. Ideally, tenants should be able to submit maintenance requests online. ( Add the Page of all PM, Landlord Software )

 

How are after hours maintenance requests and emergencies handled and who handles them?

Make sure its someone qualified to handle the problem. The last thing you want is an answering machine or someone saying you will have to wait till Monday to get your or your tenants issue resolved.

 

What system do they have in place to practice preventative maintenance?

Preventative maintenance is the mechanism a manager uses to maintain the value of your property and avoid letting small issues become larger more expensive problems down the road. This involves things like a predefined maintenance and inspection schedule as well as promptly addressing known issues. This of course assumes owners are willing to make the necessary repairs when they come up. Slum lords may balk, but successful real estate investors know that when you’re in for the long haul you have to engage in sustainable practices that maximize property values, not short-term practices that delay (and multiply) costs.

 

Do they have their own maintenance crew?

If the answer is yes, are they covered by workers compensation and are they licensed, bonded and insured? Additionally are they available 24/7/365 for emergencies?  As a member of SFPMA we have a full listing of vendors & business members on our directories for them to choose from.

 

What contractors do they work with?

Do the contractors carry workers compensation and are they licensed, bonded and insured? Does the management company oversee the contractors’ work for quality, code compliance and cost effectiveness? Some owners like to take the extra step of researching the primary vendors that will be used to make sure there are no red flags. All SFPMA members are checked making sure they have the proper licenses and insurance a requirement for membership.

 

What rules do they have in place regarding contractors entering occupied properties?

Make sure they have an established policy here. Anytime contractors and maintenance personnel are entering occupied units there is potential for trouble if the situation is not handled carefully.

 

Do they provide itemized statements with receipts for the work performed?

This adds accountability and transparency to the billing process. You don’t want to work with a management company that is unwilling to provide solid documentation of where your money is going.

 

Do they let tenants perform repairs?

Tenants perform inferior quality work, and their lack of insurance coverage, liability or workers compensation could leave you liable in the event of an accident or injury. Why take the risk of having them accidentally fall off a roof or ladder, electrocute themselves, or flood your home? If they don’t allow tenant repairs, make sure this is written into the rental agreement. If you are comfortable allowing them, at least have the tenant sign a waiver and agree that the repairs must be approved by the manager.

 

Do they allow tenants to hire their own handyman?

This is also inviting trouble, and the rental agreement should prohibit this. In some cases written into a single family home lease some repairs are included in the rental agreement, Find out if there are any agreement such as this. Check to make sure this is not considered a liability hazard although providing these services eliminates the issue of tenant neglect and can improve tenant satisfaction which helps with retention.

 

What is involved in their process for preparing a property to be re-rented after a tenant has vacated? How long does this process take?

The property should get the usual cleaning, paint job, re-keying, etc. but this is also a good time to consider strategic improvements that will maximize your rental revenue. You want to find a property manager that will proactively offer this kind of feedback on an as needed basis. Obviously the quicker the turnaround time, the better.

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

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

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

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

 

  1. Tacky Sweater Party

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

 

  1. Holiday Caroling Party

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

 

  1. Beer Tasting Party

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

 

  1. Holiday Cookie Exchange Party

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

 

  1. Winter Wonderland Party

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

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

 

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VIOLATIONS! IT’S NOTHING PERSONAL

VIOLATIONS! IT’S NOTHING PERSONAL

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

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

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

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

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

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

 

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Having a Building Condition Assessment performed

Having a Building Condition Assessment performed

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

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

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

 

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

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

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

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

 

 

Falcon is here to help

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

Our services are provided in these South Florida Cities:

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

 

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

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

  • Posted: Aug 29, 2018
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Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

Congratulations! You’ve succeeded in being elected as a member to the prestigious world of your Homeowner’s Association Board of Directors! But are you aware of the certification requirements of Fla. Stat. 720.3033 that could suspend or even end your newly “elected official” career before it’s even begun? As a newly elected Homeowner’s Association Board Member you are required to comply with the reporting requirements imposed by the Florida Legislature through the enactment of Florida Statute 720.3033 as amended on July 01, 2013 and that requires all HOA directors to verify that they are prepared and qualified to serve their respective association board in one of two ways.

The first option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members.

Board Member Courses can be found on our Calendar of Events

The second option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment. Furthermore, according to §720.3033(1)(b), the written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. It would behoove the newly elected or appointed board member to pay heed to this requirement because a director who does not timely file the written certification or educational certificate shall be suspended from the board until he or she complies with the requirement and the board may temporarily fill the vacancy during the period of suspension. However, as a side note, it would be prudent and diligent for the newly elected director to be familiar with and understand both their own associations governing documents and the Florida Statutes applicable to homeowner’s associations.

After you have complied with the reporting requirements of §720.3033, the association shall retain each director’s written certification or educational certificate for inspection by the members for 5 years after the director’s election. However, the failure to have the written certification or educational certificate on file does not affect the validity of any board action as provided in §720.3033(1)(c). It bears noting at this juncture that if for any reason you are removed from or surrender your position as a director prior to the termination of your elected term that you will have to re-certify upon being re-elected or appointed back on the board of directors in the same manner as your initial election or appointment.

Read other Articles for HOA Board Members

 

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Recruiting Potential HOA Board Members

Recruiting Potential HOA Board Members

  • Posted: Jun 26, 2018
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Recruiting Potential HOA Board Members

Interview qualifications a candidate must be given are communication, education, willingness and other skills necessary for a new position on the Board

One of the best ways to enhance your community and make it the best that it can be is to volunteer as a member of the HOA board. Becoming a board member can take up a lot of valuable time, but it is well worth the investment of energy and passion. At times, filling positions on the board can be a challenge because homeowners have a lot of demands on their time, but having a stable and energetic board is one of the most crucial parts of a successful homeowners association. Here are a few tips for recruiting potential HOA board members.

Appeal to the Specific Talents of Your Homeowners

Sometimes homeowners may not be getting involved in their community because they believe they do not have the right strengths or talents for the job. However, an HOA board does not simply need people who are good at accounting (although this is a very important skill for HOA boards to possess), it needs people with all manner of skills. Find people in your community who are skilled at construction, design, information technology, or gardening and appeal to their specific skill-set to help get them involved

Direct Complaints into Participatory Roles

When a homeowner expresses discontent in the way the association is being run, far from being a bad thing, these complaints are actually opportunities for wonderful, passionate residents of the community to get involved. If you find that a particular homeowner is often politely complaining, try to see if you can encourage them to get involved so that they can have an active hand in improving the community.

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SUMMER IS HERE: GRILLING RULE VIOLATORS RISK FINES/IMPRISONMENT

SUMMER IS HERE: GRILLING RULE VIOLATORS RISK FINES/IMPRISONMENT

SUMMER IS HERE:  GRILLING RULE VIOLATORS RISK FINES/IMPRISONMENT

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

 

The Florida Fire Prevention Code (FFPC) prohibits cooking, using or storing gas or charcoal grills on balconies.   This prohibition also includes fire pits and any other use of fire or flame devices.

The Code also prohibits the storage or use of liquid propane (L.P.) gas in quantities greater than one pound above the first floor in any apartment or condominium. Thus, L.P. gas grills cannot be stored on a balcony. It is important to note that neither can L.P. gas cylinders be stored inside the residential unit or anywhere above the first floor.

Electric grills had been permitted in years past, but the FFPC was amended, effective December 31, 2011, to prohibit their use as well.  The current regulation provides that no hibachi, grill, or other similar devices used for cooking, heating, or any other purposes can be used or kindled on any balcony, under any overhanging portion, or within ten feet of any structure (other than one- and two- family dwellings).  A subsequent amendment in 2014 also prohibited storage of these items.

The only exception to this rule is that listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer’s instructions may be permitted.

Smoking, while not prohibited by law, also can be regulated under individual association rules.

 

What enforcement action will be taken for violators?

The local enforcement procedures and penalties for failure to comply with the Florida Fire Prevention Code, or the Uniform Fire Safety Standards, are found in Broward County Local Amendments to the Florida Fire Prevention F-101.4.

The ordinance states that violators of the fire code may be prosecuted in the same manner as misdemeanors; and, upon conviction, they may be punished by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed 60 days or both.

The ordinance also states that fire inspectors may issue civil citations to violators. A separate citation may be given for each violation, and each day that a violation continues is a separate offense. If the citation is not contested the penalty is $50.00, plus court costs of $8.00. If a violator chooses to contest the citation and is convicted, the judge may impose a penalty up to $500.00 plus court costs for each violation.

 

Safety Tips from the National Fire Protection Association

Don’t let fire make your summer memorable for the wrong reasons.  The National Fire Protection Association offers these grilling safety tips:

  • Propane and charcoal BBQ grills should only be used outdoors.
  • The grill should be placed well away from the home, deck railings and out from under eaves and overhanging branches.
  • Keep children and pets away from the grill area.
  • Keep your grill clean by removing grease or fat buildup from the grills and in trays below the grill.
  • Never leave your grill unattended.

It pays to be safe at all times. Protect yourself, your neighbors and your property.

 

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