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Water leaks are one of the leading causes of homeowners’ insurance claims, Our AKWA Technologies system does this for you automatically 24/7/365 whether you are at home or not, minimizing the damage caused…

Water leaks are one of the leading causes of homeowners’ insurance claims, Our AKWA Technologies system does this for you automatically 24/7/365 whether you are at home or not, minimizing the damage caused…

  • Posted: Nov 30, 2021
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Water Damage – The most common cause of loss for condo owners

WATER DAMAGE: THE MOST COMMON CAUSE OF LOSS FOR CONDO OWNERS

From burst pipes to appliance leaks, to HVAC malfunctions and more, according to PURE’s claims data, water damage is the number one cause of loss among condo owners. In fact, more than 70% of condo claims reported to PURE have been the result of water damage. Although some instances are out of a condo owner’s control—like a toilet overflow originating from the unit above that allows water to leak through the ceiling to a PURE member’s condo below, or water backup from a building’s rooftop pool—the majority of claims can be prevented by taking proactive steps today to reduce the likelihood of water damage in the future. ​

Research and analysis conducted by our claims and risk management team uncovered some of the most frequent types of water losses experienced by PURE members and steps you can take to protect your condo and the other valuable belongings within it. ​

Appliance Malfunction When the water filtration system installed underneath a member’s sink failed overnight, water flowed throughout the kitchen and surrounding rooms for several hours until the member woke up the next morning. Luckily, the building was able to shut off the water and begin immediate remediation to prevent the damage from becoming even more severe but not before the marble tile flooring, kitchen cabinets, wall panels and drywall were extensively impacted. Damage was even caused to the neighbor’s unit below, resulting in more than $100,000 of damage. Home appliances with pipes or other fixtures that feed into a water line—including refrigerators, dish washers, ice makers, washing machines, toilets, HVAC systems and more—have the potential to malfunction, develop blockages or spring leaks that can lead to significant water damage. However, there are a number of inexpensive devices ranging from $50-$200 that can help detect or even prevent such an event from occurring.

To mitigate your risk, consider taking the following steps:​

  • Install water leak detection sensors on individual appliances prone to water loss. These devices have the ability to detect and notify you of a water leak. In addition to sounding an alarm, Wi-Fi connected devices can notify you even when you’re away from home by sending an alert to your smartphone.

  • Automatic water shut off devices, go a step further by automatically turning off the water supply when a leak is detected to prevent further damage.

  • Install an HVAC safety switch or float switch on the water pan underneath your unit to automatically stop the system from operating when an overflow is detected. While your unit may have been equipped with a safety switch at the time of installation, older units are less likely to be equipped with these devices.

  • Install a drain pan beneath your washing machine to catch leaks due to washing machine overflow or hose failure. The drain pan, which slides underneath your washing machine and provides the first line of defense against leaks, is connected to a drainpipe to move water away from the area. Because drain pans are typically made of plastic or another composite material that may break or crack over time, it’s important to be observant of the drain pan’s condition and replace it periodically to be adequately protected.

  • Opt for braided metal supply lines. Ensure all appliances that are connecting to a water source are equipped with braided metal hoses which are far more resistant to leaks compared to standard rubber hoses. At about $10 each, this simple and inexpensive step can help to prevent a costly claim.

  • Prevent toilet blockages. To avoid a toilet overflow, consider the types of materials and quantity of products flushed. Note: ‘Flushable’ wipes should not be flushed and put into the sewage system.


Water leaks are one of the leading causes of homeowners’ insurance claims.

  • Leaks can occur on every level of your condominium from the penthouse to the ground floor common areas. Oftentimes they begin at your washing machine, water heater, toilets, sewer/sump pump, refrigerator, dishwasher, sinks, showers, HVAC system, and more insidiously when pipes start leaking in the walls. This makes water damage something most homeowners will experience in their lifetime.
  • Single unit water damage is troublesome enough – in a condominium environment, adjacent units and even units several levels below can be adversely affected.
  • Stopping the flow of water immediately is the key to mitigating the extent of the damage.

Our AKWA Technologies system does this for you automatically 24/7/365 whether you are at home or not, minimizing the damage caused and in many cases preventing the disaster that would follow.

 

Protect your assets from water damages caused by water leaks

For High-Rise Condos / Multi-family Homes / Commercial buildings

Offices in Florida and Canada
Valérie Mélignon
Executive Director, Strategic Alliances
941-726-7806
valerie@AKWAtek.com
www.AKWAtek.com

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Real Estate Boom Meets the Crypto Boom Here in Miami – HUGO ALVAREZ

Real Estate Boom Meets the Crypto Boom Here in Miami – HUGO ALVAREZ

  • Posted: Nov 21, 2021
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Real Estate Boom Meets the Crypto Boom Here in Miami

Like our climate, there is no denying that South Florida’s real estate market has been scorching hot.  But while South Florida is well known for its real estate booms and busts, the current cycle is also running right into the latest technological wave – cryptocurrency.

Home prices have climbed to record numbers.  Those prices have been driven by a lack of supply but also by COVID related work and travel restrictions, which make year-round warm weather climates like South Florida very attractive.

At the same time, and while more people are staying at home to work, we have also seen a surge in cryptocurrency demand.  At the time this is posted, Bitcoin is trading at prices greater than $65,000 and analysts are predicting that its price will rise higher by year’s end and beyond.

Miami is currently undergoing a tech boom of its own.  This tech boom coincides with the ongoing and growing demand for cryptocurrency coupled with its unique geographic location.  Miami has hosted, and will continue to host, numerous high profile cryptocurrency events.  And with those high-profile events we will see more demand for our real estate.

All this to say, it is only a matter of time before using cryptocurrency to purchase real estate becomes routine.  We are not there yet but that day is coming.

Opening potential real estate transactions to crypto holders broadens the pool of buyers that sellers can sell to.  But doing so is not without risk.

Crypto is unregulated and prone to fraud.  Crypto transactions may violate certain laws and regulations intending to govern “traditional” transactions.  For instance, the anonymity associated with cryptocurrency may prove challenging when trying to trace the source of the funds which is often a requirement for a “traditional” real estate transaction.  Additionally, given the volatile nature of the crypto price fluctuations it may be difficult to peg the actual sales price of the real estate until the “very last minute.”  And then there are numerous tax implications associated with any crypto transaction that may further complicate a real estate transaction.

While there are numerous challenges in rendering a crypto transaction common place today, with the advent of Web 3.0, and the continued growth of cryptocurrency, it is only a matter of time before real estate transactions are routinely funded in this way.

And Miami, with its booming tech movement and thriving real estate market, will be at the forefront of this coming trend.

Feel free to contact me should you wish to discuss Miami’s ongoing tech movement, crypto, or real estate in general.


Hugo Alvarez

HALVAREZ@beckerlawyers.com

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GET READY FOR SOME STICKER SHOCK  By Eric Glazer, Esq.

GET READY FOR SOME STICKER SHOCK By Eric Glazer, Esq.

  • Posted: Nov 11, 2021
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GET READY FOR SOME STICKER SHOCK

By Eric Glazer, Esq.

In the last 24 hours I was told of two different association annual budgets going up massively for the coming year.  We are talking about over 35% increases in the budget.  Think about that.  If your assessments are already $600.00 per month, you probably can expect going to $850.00 per month.  If you’re already at $800.00 per month, you’re about to go over a thousand.

It’s actually worse though, on a smaller scale.  People that are only paying $400.00 per month will now be going to around $550.00 per month.  It’s going to hurt them the most.  It always hurts the poorer people the most.

Add this on to the rising costs of gasoline, food, utilities and insurance and we are looking at a real crisis coming up.  Just remember, we can also expect that The Florida Legislature will likely be passing laws this year making it impossible to completely waive the funding of your reserve accounts.  So, on top of everything we just mentioned, get ready for your assessments to go up even hire when you are forced to pay in advance for future repairs.

For those of you that have not started addressing your budget for next year yet, I would get busy immediately.  You’re fooling yourself if you think that by avoiding it, things won’t change.  They will.  Unfortunately, all of these causes are coming together like a perfect storm.  Thank heavens most people don’t have adjustable rate mortgages any longer because if they did and mortgage rates started going up, things would be even worse.

I’m telling you what’s definitely coming.  The question is…..are there any solutions to prevent these increases.  I don’t think there are.  What things can you cut from your budget to offset these increases?  What steps can you take to curb costs?  I’m open to suggestions but I just don’t see good things on the horizon.  I can tell you that at least in my office, it’s starting to feel like foreclosures and delinquencies are already on the rise.  How do we put the brakes on another foreclosure crisis?

 

 

 

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Setting Realistic Expectations for Your Community and You in 2021

Setting Realistic Expectations for Your Community and You in 2021

  • Posted: Nov 03, 2021
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Setting Realistic Expectations for Your Community

As we head into the new year, we are all setting our expectations for what we want and how we will accomplish our goals in 2021. New years resolutions are something most people start off with high expectations but can occasionally fall flat if they aren’t realistic goals. Similar to how all community associations are different, the expectations that your board or owners have for the new year can be different. Management companies can provide support but really understanding what your needs are and how can your community partners help meet those needs is important. Before you choose a new management company or even if you only want to evaluate your current company, start first with determining what items are most important to your community. How does the management company handle those tasks?

~sfpma

Take a look at these common expectations and what to ask of them.

 

Get Everyone on the Same Page

The first thing to do is set a meeting where everyone can get together to ask questions and understand what you expect of management duties. This should include the homeowners as well so they know what the management rules are.

In the age of quarantining and more social distancing, perhaps this means meeting virtually to discuss these matters. It’s easier than ever to do this nowadays, but everyone needs to understand what their responsibilities are. If you have some new responsibilities going beyond what property managers know, be sure to get it in writing.

Amending agreements should always be done when everyone is available to discuss them. Once everyone understands their roles, it becomes a new contract everyone should have available to refer to physically or digitally.

And Please seek Legal help with any changes to your Docs going into 2021 – Find Legal Members of SFPMA on our Directory

 

Setting the Responsibilities of the Management Team

A lot of opinions are out there about what managers should do while working with your association. Consensus is they should focus on four areas:

  • Guide the board to fulfill legal requirements.
  • Make all financial decisions.
  • Work closely with the board on decisions.
  • Provide suggestions to the board based on experience.

In the case of legal requirements, it usually means the management company assures the board deals with taxes appropriately. And, of course, they have to make sure your association continues to operate legally, including living up to state civil codes and local statutes.

Financial decisions should involve complete transparency with your association to make sure money gets spent in the smartest possible ways.

The partnership angle means helping your board make sound decisions that benefit everyone involved. Because your board might change over time with new members, the management team should have all ability to adapt to those changes in communication.

Listening to suggestions from an experienced management team also needs top priority. They can suggest things your board overlooks based on dealing with past associations.

 

Methods to Help Eliminate Vacancies

Your association and the management team want as many low vacancies as possible. Allow the management team to take this on since they have experience in this area. However, communicating to them that it’s their responsibility needs doing early.

One of those expectations is management knowledge on how to take on marketing for your properties, particularly on social media. No management team is worth working with if they never have experience doing digital marketing to attract tenants.

They should also handle rent applications, screening, and lease signing processes and Collections for the fees not paid by owners

 

Working Together On Other Responsibilities or Concerns

Some things you and the management team have to work together on include maintenance and repair approval, management salary payments, property tax/utility payments, and insurance payments.

Other times, management teams think they have to take on things that are not their sole responsibility. Perhaps this relates to dealing with cars speeding down neighborhood streets, or solving crime issues. Those usually fall toward city responsibility, plus the police in the case of crime.

All these issues need addressing early so there never is confusion on which thing each group focuses on. Since the unexpected will always come up, everything needs mentioning in writing to avoid stalled communication issues when an emergency arises.

 

SFPMA – Our Members provide many Professional Services to Condo and HOA’s all over Florida. Learn and read our Industry Articles.

by Kimberly Sutherland Author

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SFPMA’s Reserve Funding for your Communities

SFPMA’s Reserve Funding for your Communities

  • Posted: Oct 29, 2021
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Reserve Funding 101

Reserve Funding for your Communities

A reserve fund is a special account for the long-term repair and replacement of commonly-owned property in a community association.

A good example of this is the roof of a condominium building. All of the unit owners in the building share ownership of the roof. Every 50 or so years, the singles and other items will need to be replaced. The condo association will set aside a specific amount of money each year to go towards replacing/repairing the roof.

When an association plans for a reserve fund, they call on trained experts known as reserve specialists. These assess examine every detail of the association’s common areas to determine their lifespan and condition. They also include factors such as inflation to determine the cost of replacement at the end of the item’s lifespan.

Finally, the last step is to determine how much money the association needs to set aside each year. There are three basic plans for reserve funding: baseline, threshold, and full funding. These determine how prepared the HOA or condo will be when the item’s lifespan is up.

Full funding offers the least amount of risk for owners. With full funding, the replacement item in question will be fully funded by the end of its lifespan. With threshold funding, the association plans to have a certain limit, say 50%, of the item paid for by the end of its lifespan. The up-side to this is cheaper dues. The down-side is that is puts the owners at a greater risk of reaching the end of the item’s lifespan without having the proper funds available to repair or replace it. Finally, baseline funding aims to keep the reserve fund above a $0 balance at the end of the item’s lifespan.

Whichever path the association decides to take, the funds needed are figured in the budget. A portion of the regular assessments paid by homeowners or unit owners goes towards the reserve fund. Some states require associations to maintain a reserve fund by law. Most of the mortgage loans on condos are underwritten by the Federal Housing Administration. The FHA requires that a minimum of 10% of the association’s budget be designated for the reserves. If an association is not allocating at least 10% of its budget, it loses it’s FHA certification. This will almost always have negative consequences for the unit/home values.

Aside from that, who really wants to buy into an association that isn’t planning ahead? That isn’t executing good judgement, and should be a red flag to potential buyers. Adequately maintaining a reserve fund will mean higher assessments over the course of time. However, this is much better than the alternative of a large special assessment. If you community association needs guidance when it comes to reserve funding, trust the financial experts at Clark Simson Miller. We’re not reserve specialists, but we have over 100 years of combined experience in the association management industry. We’ll be glad to schedule a consultation and assess your community’s overall financial health.

 

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Gelt Financial is a commercial non-bank mortgage lender, focusing on mortgages between $50K and $5MM.
Since 1989, Gelt has closed over 10,000 loans

BRIDGE & SHORT TERM LOANS

Whether historic cash-flow or a distressed value-add property, we can secure bridge loans at competitive rates.

HARD MONEY LOANS

Need a quick boost of cash flow?
Gelt can secure you financing on numerous types of collateral.

 

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The more trouble your condo is in, the more developers may be interested in buying you out.

The more trouble your condo is in, the more developers may be interested in buying you out.

  • Posted: Oct 26, 2021
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The more trouble your condo is in, the more developers may be interested in buying you out.

 

DEVELOPERS ARE ON THE PROWL

By Eric Glazer, Esq.

I got a call this week from The Miami Herald.  They asked if I had heard about the prominent developer who approached the owners of the other Champlain Towers buildings that are still standing, offering to buy out all of their units.  I had not, but I’m not surprised in the least about it.  In fact, it’s going to be happening more and more.  Developers are going to be approaching lots of owners in condominiums that are distressed.

 

Why approach the owners in the remaining Champlain Towers condominiums?  I’m sure the developer is thinking that these owners may now have a hard time selling their condo units on the open market because there may not be many buyers interested in purchasing a unit in a condominium by that name.  The Champlain Towers will forever be remembered as the building that collapsed and where nearly a hundred innocent people died.  I think the developer is right.  It will be tough to sell your units in the remaining Champlain Towers condominiums.

 

The truth is……if that’s the case…and it is next to impossible to now sell your condo unit in these buildings, the developer can look like a knight in shining armor, if the price they offer is fair and reasonable.  It may very well make sense for the owners to seriously consider the developer’s offer.  At the remaining Champlain Towers buildings, the developer’s offer is contingent upon 95% of the owners agreeing to sell to the developer.  If less than 95% of the owners agree to sell, the deal is off the table.  That’s because if at least 5% of the owners vote against a plan of “termination” the developer’s plan to “terminate” the condominium, knock it down and build a more expensive one fails.  So, the developer needs to acquire at least 95% to ensure their plan succeeds.

 

We know that it’s about to get more expensive to live in a condominium because it looks like it will become more difficult to waive reserves and buildings will be undergoing more frequent inspections.  Repairs will be needed more than ever before which means money will be needed like never before.  When unit owners don’t have the money or don’t want to spend the money on a building that’s already old, rest assured that developers will be there ready to make an offer to everyone so that the property can be bought, knocked down, rebuilt and sold.

 

Over the last few years the law has made it more difficult to terminate a condominium.  As a result of the tragedy at The Champlain Towers I certainly expect the pendulum to swing back the other way.  Terminations will become easier.  Developers will use their eyes and airs searching for the most vulnerable properties, meaning the ones that will require the greatest cost to repair.  The laws regarding termination continue to evolve, but if I am a developer I may want to be cautious about buying units in a condominium that requires 100% of the owners to agree to termination and that does not have Kaufman language or “as amended from time to time” language.  In these types of condominiums, one owner who refuses to sell may wind up screwing up the developer’s grand plans.

 

 

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THANK YOU SENATOR ANNA MARIA RODRIGUEZ!  By Eric Glazer, Esq.

THANK YOU SENATOR ANNA MARIA RODRIGUEZ! By Eric Glazer, Esq.

  • Posted: Oct 22, 2021
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THANK YOU SENATOR ANNA MARIA RODRIGUEZ!

By Eric Glazer, Esq.

A few weeks ago, I wrote a blog called  It’s Time To Stop A True Florida Farce.  The blog spoke about the fact that members of community association boards of directors can still get certified without taking an educational class.  Instead, they can sign a rather silly piece of paper that states they have read their governing documents and promise to enforce them.  What a joke.

I sent the column by e-mail to all Florida legislators, urging them to change the law and make certification through education mandatory.  Senator Anna Maria Rodriguez asked me to send her my proposed legislation.  I did.  I am happy and so proud to report that Senator Rodriguez filed Senate Bill 394 mirroring my proposed legislation.

 

There is no doubt that mandatory education will save the lives, properties and money of the millions of people who live in condominiums throughout the state.  Florida would be the first and only state to require a board member to take an educational course.  That would be an amazing bright spot for our state and no doubt would lead other states to eventually adopt similar requirements.

 

I had the pleasure of teaching my Condo Craze and HOAs Board Certification class last week in Miami and Palm Beach to so many people.  I taught the importance of having reserve accounts, having reserve studies done by qualified people and the danger in completely waiving the funding of reserve accounts year after year after year.  Interestingly enough, when I asked the crowd if the law should be changed to requiring at least some form of reserves and having the reserve study done by experts, EVERYONE RAISED THEIR HAND.  People want to be safe.  We learned a lot after the Champlain Towers disaster.

 

Think about this.  The Florida Legislature will no doubt make some massive changes to Florida law in this regard.  But if members of the Board are not required to attend an educational class, how in the world can they be expected to learn the new laws.  And by the way….I don’t want to hear the excused that these classes are burdensome.  They are offered on-line and they are offered for free.  Anyone who won’t devote a few hours a year to learning the new condo laws does not deserve to be on the board in the first place.

 

In any event, we owe a debt of gratitude to Senator Rodriguez for her efforts in taking this matter seriously.  Keep track of Senate Bill 394 and urge your local House Member and Senator to please support it.  If I never get another piece of legislation passed, this is the one that is nearest and dearest to my heart.  Education is the key to running a safe community.

 

Over a decade ago The Florida Legislature thought it was a good idea for members of condo and HOA boards to become “certified.”  Sounds like a good idea.  The problem is that the legislators  allowed for two ways to become certified. One way is by going over to your computer and printing a form that is on the DBPR’s website that basically says I read my governing documents and promise to enforce them.  You sign the form and you are now certified.  That’s it.  That’s all you have to do.  If you are a director of a condo, the form does not require you to acknowledge the existence of Florida Statute 718.  If you are a member of an HOA board the form does not require you to acknowledge the existence of Florida Statute 720.  The form is a joke.  The procedure is a joke and an embarrassment to The State of Florida.  In fact, many associations still have illegal provisions in their governing documents.  The current law actually allows you to become certified if you promise to enforce the illegal provisions in your governing documents.

 

As my kids go back to school today, I’m proud to say that the second way of becoming certified is by taking a course approved by the DBPR.  As so many of you now, I am most proud of the fact that I have certified over 20,000 board members throughout the state. Better yet, the attendees love it.  They learn about the requirement to fund reserves, Kaufman language, access to records, mandatory financial reporting, the role of the community association manager, legal ways for the board members to vote and hold meetings, preparation of budgets, the importance and hierarchy of your governing documents, rule making, actions of board members that constitute criminal conduct, ways directors can be removed from the board, the Marketable Record Title Act and the importance of preserving your governing documents in an HOA, obligations to maintain insurance, mandatory websites, material alterations, screening, approval and denial of occupants AND SO MUCH MORE.

 

It is an insult to every director who has been certified by taking a course to allow other directors the ability to get certified by signing a stupid self-serving form.  We are now repeatedly learning the hard way throughout our state that lack of knowledge can lead to catastrophic consequences in our communities.

 

MANDATORY EDUCATION FOR BOARD MEMBERS CAN SAVE LIVES. Florida has always led the way when it came to making community association laws that the rest of the country follows.  The State of Florida has the opportunity to become the first state in the country to require that directors become educated before assuming the incredible responsibilities that come with being in charge of our communities.  There is no excuse any longer for a Board member not to take an educational class.  Many law firms, like mine, teach the class on-line.  A board member never even has to leave his or her home in order to become certified.

 

I urge the members of The Florida Legislature to amend the condominium, co-op and HOA statutes to remove the ability to become “certified” by signing a form and instead require attendance at an educational course.  I already drafted the proposed legislation and it’s ready to be filed.  With all my heart, I believe lives can be saved, financial disasters can be avoided and it is in the best interest of the millions of Floridians who live in a community association.  Readers: please contact your legislators if you agree.

 

 

 

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The Property Manager’s Partner Since 1989 – LAW OFFICES OF HEIST, WEISSE, & WOLK, P.A.

The Property Manager’s Partner Since 1989 – LAW OFFICES OF HEIST, WEISSE, & WOLK, P.A.

  • Posted: Oct 15, 2021
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LAW OFFICES OF

HEIST, WEISSE, & WOLK, P.A.

The Property Manager’s Partner Since 1989

EVICTIONS · LEASES · SOLID LEGAL ADVICE

 

Residential Managers

 

IF WE PREPARED THE LEASE FOR YOU, the attorneys’ fees for a residential eviction filing from the beginning until the Sheriff’s Deputy removes the tenant are $125 for conventional uncontested non-government subsidized evictions for non-payment of rent.

IF WE DID NOT PREPARE THE LEASE FOR YOU, the attorneys’ fees for a residential eviction filing from the beginning until the Sheriff’s Deputy removes the tenant are $250 for conventional uncontested non-government subsidized evictions for non-payment of rent.

We classify residential property managers as property management companies that manage single-family homes, duplexes and very small apartment communities.

Costs are additional and vary by county. Costs consist of the county filing fees, the costs of the sheriff or private process server to serve the summons and complaint and if necessary, the cost for the Sheriff’s deputy to remove the tenant from the premises.

FeesIn the event the case is contested or the tenant files a counter claim, the attorney’s fees and costs may increase.

The Law Offices of Heist, Weisse and Wolk strives to keep your costs to a bare minimum and no additional charges will be incurred by the client unless the client is advised and agrees to authorize further legal work. The vast majority of evictions are uncontested.

Occasionally a routine court appearance is required for which we typically charge an additional $150.00. Phone, office consultations and advice by email is always at no charge.

There is never a charge for postage or copies.

 

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WE’RE BACK LIVE AND IN THE STUDIO, AND WE’RE BACK TEACHING LIVE. by Eric Glazer

WE’RE BACK LIVE AND IN THE STUDIO, AND WE’RE BACK TEACHING LIVE. by Eric Glazer

  • Posted: Oct 15, 2021
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WE’RE BACK LIVE AND IN THE STUDIO. AND WE’RE BACK TEACHING LIVE.

This weeks topics: 

THE IMPORTANCE OF A WEBSITE FOR YOUR ASSOCIATION

EMOTIONAL SUPPORT ANIMALS IN A NO PET COMMUNITY. WHAT IS AN ASSOCIATION TO DO?

 

TAKING YOUR CALLS ON WHATEVER TOPIC YOU NEED ANSWERS TO OR WHATEVER YOU NEED TO GET OFF YOUR CHEST.

WE WILL TAKE YOUR CALLS AND ANSWER YOUR CONDO AND HOA QUESTIONS THROUGHOUT THE HOUR. CALL US AT 877-850-8585 DURING THE SHOW.
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