Become a Member: JOIN SFPMA TODAY   LogIn / Register: LOGIN/REGISTER

SFPMA Industry Articles | news, legal updates, events & education! 

Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. 

Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. 

  • Posted: Oct 30, 2024
  • By:
  • Comments: Comments Off on Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. 

Building Envelope & Façade Inspections

Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. Our engineers will inspect all materials used to ensure the strength and stability of your structure from low-, mid-, to high-rise structures and facilities. Falcon’s engineers pride themselves on ensuring the services and recommendations provided to each of our clients are held at the desired level of individualized care and attention.

High Rise & Mid Rise Façade Inspections & Repair/Restoration/Replacement

Stucco & Exterior Insulation Finish Systems (EIFS) Evaluations & Repair

Mid Rise & Low Rise Siding Inspections & Repair Replacement

Roof Inspections & Repair/Replacement

Water Infiltration Investigation & Remediation

Window & Door Replacement Design

Balcony & Deck Repair/Restoration/Replacement

Foundation Inspections & Waterproofing

Parking Garage Inspections & Repair/Restoration

Firewall / Fire Separation Assembly Inspections & Remediation

 

Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets.  By A leader in the industry by providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

 


View the recorded webinar 
In case you missed it! Below is the link to the recording from yesterday’s fantastic webinar featuring Sinisa Kolar, P.E., Principal, on Extreme Weather in South Florida and Preventative Maintenance.
Tags:
Building Inspection Services, Serving our clients with a high degree of professionalism, imagination and skill is a Feller Engineering trademark.

Building Inspection Services, Serving our clients with a high degree of professionalism, imagination and skill is a Feller Engineering trademark.

 

Feller Engineering has been providing high-quality, state-of-the-art MEPFP Engineering consulting services since 1979. Since then we have provided quality HVAC, Electrical, Plumbing, Fire Sprinkler, Life Safety Systems Design, Peer Review, LEED and Green Building Design as well as Forensic Investigative Services for any type and size project. Our expertise has been applied to a wide range of new construction projects as well as retrofit and reuse of existing and historic buildings.

 

Serving our clients with a high degree of professionalism, imagination and skill is a Feller Engineering trademark.

  • Encompass the latest technological innovations where applicable
  • Are creative in approach (especially with renovation projects)
  • Will be in complete accord with the architect’s design concept and the owner’s operational and financial objectives

 

MEPFP Engineering Services

Servicing clients with a high degree of professionalism, imagination and skill is a Feller Engineering trademark. Our designs encompass the latest technological innovations where applicable and our creative approach (especially with renovation projects) will be in coordination with the architect’s design concept and the owner’s operational and financial objectives as well.

Mechanical Systems Design

Our HVAC department, headed by Eser Hur, has a staff of engineers and designers (several registered Professional Engineers and LEED AP). It has enormous experience and expertise with every conceivable type of air conditioning and ventilation system commercially available. Our engineers are constantly being briefed by major manufacturers as to the current state of the art equipment in monthly lunch and learn sessions.
Mechanical Systems Design

Electrical Systems Design

The Electrical Department headed by Bob Raynor with his staff of Electrical Engineers and Electrical Designers (several of whom are registered Professional Engineers and or maintain LEED AP status) have the responsibility to support our HVAC, Plumbing and Fire Sprinkler Departments.
Electrical Systems Design

Plumbing Systems Design

Greg Badal (Department Head) and his staff of engineers and designers (several of whom are CIPD and LEED AP) have extensive experience and expertise in a myriad of projects. Some members of the staff (including Greg) at Feller Engineering have over 30 years of design experience.
Plumbing Systems Design

Fire Protection Systems Design

We know that a fire can be an overwhelming experience. We believe in treating your home or business like it is our own, because we want you to feel comfortable when visiting us. Fire Protection Systems Design offers a comprehensive fire protection system that optimizes the effectiveness of your space to protect against fire, smoke and other hazards. Headed by Anand Kris Singh our engineering team will create a fire protection design for your project and save you time, money and heartache! Fire protection systems design and installations are fundamental to the safety, success and code compliances of your facility.

Fire Protection Systems Design

 

Feller Engineering
myenni@fellerpe.com
cdiaz@fellerpe.com
914-467-1402
http://www.fellerpe.com

Tags: , , ,
United Professional Engineering (UPE) provides a unique “one-stop-shop” for all your structural engineering needs.

United Professional Engineering (UPE) provides a unique “one-stop-shop” for all your structural engineering needs.

United Professional Engineering (UPE) provides a unique “one-stop-shop” for all your structural engineering needs. Our South Florida area founded firm has been in business since 2005 and we have a diverse team; from licensed designers and structural engineers to inspectors and general contractors. For that reason, our projects range from designing and restoration to structural inspections and more!

 

Providing exceptional engineering services through integrity, reliability and professionalism. With over 21 years of experience, we are the leaders in the industry, and we can help you as well!

Structural Engineering

Commercial, Industrial and Residential Buildings, Marine Structures and more.

Building Restoration Engineering

Structural restoration, concrete restoration, structural strengthening and more.

Inspection Services

Building inspections, threshold inspections, home purchase inspections and more.

Forensic Engineering

Structural condition assessments, expert witness services and more.

Construction Administration

Contract administration, contractor selection assistance and more.

Consulting Services

UPE’s engineering consultants offer a full range of services based on extensive project experience and innovative thinking.


 

Today, one of the largest investments is building a structure and how to maintain its lifespan. Structural integrity, environmental factors, atmospheric elements, and maintaining aesthetics are all important factors that we evaluate very carefully, when working on a project. At UPE our highly qualified licensed designers, engineers and general contractors promises to ensure your investment is protected.

We believe it’s important to exhibit and maintain an open communication network, while working towards each of our client’s best interests, as well as everyone involved. We are committed to structural safety and serviceability, identify equilibrium conditions, resolve limitations and utilize preventive and corrective maintenance behavior. UPE is here to help accomplish each milestone of your project, together!

 

CARMELO GIGLIO
Owner
UNITED PROFESSIONAL ENGINEERING
carmelo@upefl.com
http://upefl.com
Office: 561-582-1733

 

Tags: , ,
THE BENEFITS OF FLAT CONCRETE ROOFS VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA by SRI Consultants, Inc.

THE BENEFITS OF FLAT CONCRETE ROOFS VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA by SRI Consultants, Inc.

  • Posted: Oct 20, 2024
  • By:
  • Comments: Comments Off on THE BENEFITS OF FLAT CONCRETE ROOFS VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA by SRI Consultants, Inc.

THE BENEFITS OF FLAT CONCRETE ROOFS
VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA

BY: SHIRISH RAJPATHAK, M.S., P.E., S. I. | PRESIDENT AND FOUNDER of SRI Consultants, inc. Specialists in structural engineering, civil engineering.

 

In the architectural and building construction industry, the type of roofing material used can have far-reaching implications not only on the aesthetics of the building but also on the functionality, durability, and cost-effectiveness of the structure. This blog post seeks to compare two types of roofing systems – flat concrete roofs and wood-trussed tiled roofs – in the context of Florida’s challenging weather conditions and the potential for high insurance costs, costly repairs following hurricanes, and fire hazards. It also aims to underscore the advantages of flat concrete roofs in terms of their utilization for gardening, solar panels, and recreational activities.
Flat Concrete Roofs vs. Trussed Tiled Roofs: A Comparative Analysis
  • Insurance Costs: Homeowner’s insurance in Florida is greatly influenced by the type of roofing system used in a building. Wood-trussed tiled roofs, while aesthetically appealing, are often more expensive to insure due to their vulnerability to the region’s frequent hurricanes. The tiles can become airborne during severe weather, causing damage to the structure and surrounding properties. On the other hand, flat concrete roofs are inherently more robust and resistant to hurricane damage. Their seamless design and sturdy material make them less likely to suffer significant damage during storms, which can lower insurance premiums for homeowners.
  • Durability and Repair Costs: Wood-trussed tiled roofs require regular maintenance and are more susceptible to damage from Florida’s extreme weather conditions. The repair costs following a hurricane can be substantial, as replacing tiles and repairing the underlying structure can be labor-intensive and expensive. Conversely, flat concrete roofs are known for their durability and low maintenance requirements. The strength of concrete and the absence of individual tiles that can break away make these roofs less prone to damage and thus less likely to need frequent repairs.
  • Fire Resistance: Concrete is a non-combustible material and provides excellent fire resistance, a crucial factor in areas prone to wildfires or in dense urban environments where fires can easily spread from building to building. Trussed tiled roofs, depending on the material of the tiles, may not offer the same level of fire protection.
Utilization of Roof Space
  • Gardening: Flat concrete roofs offer an excellent opportunity for rooftop gardening. This not only enhances the aesthetic appeal of the building but also promotes sustainability and biodiversity.
  • Solar Panels: The flat surface of concrete roofs provides an ideal base for the installation of solar panels. This can lead to significant energy savings and reduce dependence on grid electricity, contributing to a more sustainable environment.
  • Recreational Activities: The additional outdoor space provided by a flat concrete roof can be used for a variety of recreational activities, from hosting gatherings to creating a rooftop yoga studio or even a rooftop pool. This effectively increases the usable space of the property without expanding its footprint.
Cost Considerations
The cost savings of a concrete flat roof compared to a wood-trussed roof can vary greatly depending on several factors. These factors can include the size and complexity of the roof, the region in which the building is located, labor costs, and the specific materials used. Here are some general aspects to consider:
  • Initial Construction Cost: Concrete roofs can be more expensive to install initially compared to wood-trussed roofs due to the material cost and labor involved. However, the cost can be offset over time through lower maintenance and repair costs.
  • Maintenance and Repair Costs: Wood-0trussed roofs typically require more maintenance than concrete roofs, as wood can be susceptible to rot, pests, and weather-related damage. Repairing or replacing damaged components of a wood-trussed roof can add significantly to the lifetime cost of the roof.
  • Energy Efficiency: Concrete roofs can provide better insulation than wood-trussed roofs, which can lead to savings on heating and cooling costs over the lifetime of the roof.
  • Insurance Costs: As mentioned earlier, concrete roofs can often result in lower insurance premiums due to their durability and resistance to fire and severe weather, which can lead to significant savings over time.
  • Lifespan: Concrete roofs generally have a longer lifespan than wood-trussed roofs, meaning the replacement cost is deferred further into the future. This can result in significant savings when considered over the lifespan of the building.
  • Resale Value: A concrete roof can increase the resale value of a home due to its durability, low maintenance, and energy efficiency.

To get a precise cost comparison, it would be best to obtain quotes from local contractors who can take into account the specific details of the building and local material and labor costs. This will give a more accurate estimate of the potential savings.

‍While both flat concrete roofs and trussed tiled roofs have their merits, when considering factors such as insurance costs, durability, repair expenses, fire resistance, and utilization of roof space, flat concrete roofs offer substantial advantages, particularly in the context of Florida’s unique climate and weather conditions. The ability to use the roof for gardening, solar panels, and recreational activities further adds to the appeal of flat concrete roofs. As we continue to confront the challenges of climate change and urban living, the choice of roofing material has implications beyond aesthetics. It is a decision that can significantly impact a building’s resilience, sustainability, and overall cost-effectiveness. The evidence suggests that, for Florida homeowners, flat concrete roofs represent a compelling choice.

For more information, please contact SRI Consultants, Inc. at (561) 372-1290 or via email at office@sriconsultants.net.
PC: Max Beach Resort

Tags: ,
Need a few reasons to digitize your paper-based engineering and architectural drawings? How about these?

Need a few reasons to digitize your paper-based engineering and architectural drawings? How about these?

1- Accessibility and Sharing. Digital files are easy to search, copy and share, saving valuable time and improving collaboration.
2- Storage and Document Integrity. Digital drawings are much less expensive to store than paper copies and are not subject to degradation over time.
3- Flexibility. Digital drawings are easy to rework or update, streamlining change processes and speeding renovations.
4- Details. Digital designs allow for the addition of audio or video to individual elements, providing an extra level of detail (e.g., materials, site layout, construction processes).
At the end of the day, digitization is a huge time and cost saver.
Call Us—561.372.1290
Tags: , ,
Announcement: Structural Workshop Opens New Office in South Florida

Announcement: Structural Workshop Opens New Office in South Florida

Structural Workshop Opens New Office in South Florida

Structural Engineering and Building Consulting firm

 

Pompano Beach, Florida – Structural Workshop is pleased to announce their recent expansion into the South Florida market.  The new office is located in Pompano Beach, Florida and will be Structural Workshop’s third office.

The Mountain Lakes, New Jersey based firm will bring their extensive experience in conducting building inspections and reports, specifically for commercial, multifamily residential and parking structures to the South Florida market – specifically Miami-Dade, Broward and Palm Beach Counties.

“There is a lot of opportunity in the condo world and beyond for engineering services in Florida,” says President Joe DiPompeo, PE, F.SEI, F.ASCE.  “There is an immediate need to help condo associations and commercial buildings keep up with compliance and maintain a safe place for their tenants. We also have some multifamily ground up projects in Florida that we can better serve from a Florida office.

 

About Structural Workshop (SFPMA Members)

Structural Workshop is a Structural Engineering and Building Consulting firm founded in 2004.

We provide a full range of Structural Engineering and Building Consulting Services for all types and sizes of projects from a single-family home to mid-rise buildings and everything in between.

For more information, please visit:  www.structuralworkshop.com or contact us at info@structuralworkshop.com

 

Jessica Vail

Vail Marketing Solutions

(908) 528.4087

www.vailmarketingsolutions.com

Tags: , ,
Condominium owners in St. Petersburg face towering uncertainty as over 200 buildings must complete Milestone Inspection Reports by Dec. 31.

Condominium owners in St. Petersburg face towering uncertainty as over 200 buildings must complete Milestone Inspection Reports by Dec. 31.

A new state law requires mandatory structural studies on older condo buildings with three or more stories. Senate Bill 4-D also requires association boards to increase repair funding reserves, and many owners now face six-figure special assessment fees.

 Don Tyre, building official manager, provided city council members an update on the local process at a July 11 committee meeting. He noted that 225 condo buildings must submit reinspection reports this year, as all exist within three miles of the coast.

“I’m hoping to get three-quarters of the buildings to submit by December,” Tyre said. “There are going to be some issues; this is a new regulatory requirement. There’s only so many engineering firms that do this work.”

He said bill provisions allow deadline extension in some extenuating circumstances. The city will address delinquent buildings on a “case-by-case basis.”

The legislation, passed in May 2022, stems from the Chaplain South Tower’s collapse in Surfside, Florida. The catastrophe – still under investigation and blamed on several factors – killed 98 people on June 24, 2021.

 

Miami-Dade and Broward Counties were the only jurisdictions to mandate structural inspection programs for existing buildings before the collapse. The local ordinances required buildings over 40 years old to receive a 10-year recertification.

SB 4-D established a 25 or 30-year program for cooperative and condo buildings. Those within three miles of a coastline and built before July 1, 1997, must abide by the earlier timeframe.

“That’s, basically, what we’re going to be following – a 25-year inspection program with a 10-year reinspection portion,” Tyre said. “December of this year is the big date. It’s been postponed once; I don’t anticipate it being postponed again.”

He noted that 68 of the 225 buildings have submitted milestone reports. The legislation also applies to commercial structures of any height with an occupancy limit exceeding 500 people.

Local governments must submit a 180-day notice to affected owners and associations. St. Petersburg issued those forms June 28.

Tyre explained Phase I is a visual inspection from an architect or engineer to discern “any possible substantial structural deterioration.” Those could require further evaluations, and stakeholders must submit a Phase II Inspection report within 180 days.

“The responsibility falls to the condo ownership group and architectural or engineering firm they hire to provide that documentation,” Tyre added. “If they deem it necessary to go into a Phase II inspection, that’s a more forensic investigation.”

He said that could include building material sample testing, movement measurements, soil studies and “a number of different building imaging options.” The owners have one year to pull permits and start repairs if the architectural or engineering firm finds significant deterioration.

“If there’s a life safety issue, that’s when we (the city) would step in as a regulatory authority,” Tyre said. “And potentially, either evacuate the building or a portion of the building – it could be limited to just a small area, like a couple of balconies or something like that.

“There’s going to be some condo associations or buildings that will require a deeper review.”

Tyre said the inspections focus on structural integrity rather than code violations and fall outside the city’s scope. However, building officials will provide oversight.

Councilmember Brandi Gabbard requested the update and noted that received reports would constitute municipal public records. She said that would help inform prospective buyers.

“Anybody who has ever bought or sold a condo knows that sometimes it is challenging to get all of the documentation regarding the condo association the way it is now,” Gabbard said. “But then when you add this on top of it, and the type of reserves that we could potentially see being increased, there is some concern over transparency …”

Tyre said building officials must redact some information, and residents must submit a formal public records request to receive documentation. Elizabeth Abernethy, director of planning and development services, said they could explore creating an online portal to streamline the process.

The legislation allows local governments to implement a fee for reviewing submitted inspection reports. Abernethy believes the city has adequate staff to “get through this initial push and wouldn’t be necessary to charge an additional fee for review those reports.”

However, buildings needing repairs must pay associated permitting costs. Gabbard said she has “no desire” to require additional payments.

“Some of these reserve needs are going to be pretty hefty,” she added. “I don’t think we need to pile on.”

Thank You for the contribution of this article so others can learn.

Published on July 16, 2024 By

Florida Condo Building Inspections (SB4d)

The State of Florida  Property Management Association with Legal & Engineering Members are here to  provide help so you understand the new laws and how to take the correct action to ensure you are in full compliance.

http://FLBuildingInspections.com  (a division of SFPMA)

 

Tags: , ,
DO YOU KNOW WHEN YOU AND YOUR RESIDENTS ARE IN DANGER?

DO YOU KNOW WHEN YOU AND YOUR RESIDENTS ARE IN DANGER?

Did you know that condominiums and apartment complexes must be restored every seven (7) years at a minimum? Do buildings within three (3) miles of the coast need to be rehabilitated more frequently due to exposure to chloride ions that can accelerate oxidation of structural reinforcing bars in concrete?
This is what leads to spalling and structural deficiencies that cause cave-ins and collapses.
With us and our experts, you’ll launch with the right plan in place, meet the project milestone, and finish on time and on budget!
For us, your safety and that of all families is the most important thing!
The best way to predict your future is to create it
WELCOME TO SMYTH ENGINEERING!
📲Direct Line: (772) 771-3176
📍Office Location: 369 NE Baker Road Stuart, FL 34994
Tags: ,
Florida Building Inspections By: Structural Engineering and Building Consulting firm – Joe DiPompeo, PE

Florida Building Inspections By: Structural Engineering and Building Consulting firm – Joe DiPompeo, PE

  • Posted: Jun 19, 2024
  • By:
  • Comments: Comments Off on Florida Building Inspections By: Structural Engineering and Building Consulting firm – Joe DiPompeo, PE

Florida Building Inspections

Structural Engineering and Building Consulting firm

By: Joe DiPompeo, PE

Building inspections are a critical component of property management in the state of Florida. They help to ensure that buildings are maintained in good condition and meet building codes, which is essential for protecting both tenants and property owners.

First and foremost, building inspections are necessary to ensure that buildings are compliant with certain codes and regulations. In Florida, building codes are set by the Florida Building Code (FBC), which establishes standards for the construction, maintenance, and repair of buildings in the state. These codes cover everything from electrical and plumbing systems to fire safety and structural integrity. While most codes are applicable to the construction of the building, Florida has significant codes and requirements throughout the life of the building, such as structural and electrical recertification inspections. Failure to comply with these codes can result in fines, legal action, and even the closure of the building.

By conducting regular inspections, property managers can identify any issues that may be in violation of these codes and requirements and take corrective action before they become serious problems. For example, an inspector may find deteriorating structural concrete or issues with the electrical wiring. These issues can be addressed before they put the safety of tenants and the property at risk or become a larger, more expensive problem to fix.

In some places, such as Florida, there are mandatory ordinances which enforce regular building inspections. These inspections should be conducted by a certified Professional Engineer and then file a report with the local building department or and/or state. If these requirements are not met, the property owner or manager will receive a fine.

Furthermore, building inspections can also help property managers identify maintenance needs. Over time, buildings can experience wear and tear, and components can break down. By conducting regular inspections, property managers can identify these issues and take corrective action before they become more serious and costly to repair. This can help to extend the lifespan of the building and save money in the long run.

Moreover, building inspections are essential for protecting property values. Properties that are well-maintained and free of hazards are more attractive to tenants and can command higher rents and sale prices. Regular inspections can help to identify issues that may be causing damage to the building, such as water leaks or structural issues. By addressing these issues early, property managers can prevent further damage and ensure that the building maintains its value.

Finally, building inspections can also provide peace of mind for property owners and tenants alike. By knowing that the building is being regularly inspected and maintained, owners can be confident that their investment is being protected. Tenants, on the other hand, can feel reassured that they are living in a safe and well-maintained environment.

In conclusion, building inspections are a crucial part of property management in Florida. They help to ensure compliance with building codes and regulations, identify potential hazards, identify maintenance needs, protect property values, and provide peace of mind for owners and tenants. By conducting regular inspections, property managers can prevent serious problems from occurring and ensure that their buildings are safe and well-maintained and compliant with state and local requirements.

Structural Workshop

Structural Engineering and Building Consulting firm

754-277-4245

info@structuralworkshop.com

Contact us for an Inspection. 

 

Tags: , ,
Drones capture thousands of high-quality photos as they move in and around buildings at different altitudes.

Drones capture thousands of high-quality photos as they move in and around buildings at different altitudes.

Drones capture thousands of high-quality photos as they move in and around buildings at different altitudes.

Performing drone inspections on a consistent basis allows property managers to observe time-dependent changes such as concrete deterioration, roof wear and tear, and hurricane damage.
At SRI, our FAA-certified pilots perform drone surveys of residential and commercial properties throughout South Florida.
Learn more about our drone services @ https://ow.ly/Qy6u50QWZNw

DRONE SURVEYS

Red circle blog post icon

Drones take many videos and high-quality photos as they move in and around buildings at different altitudes. In a single mission, hundreds of data points can be captured for later use. That data provides a historical record to aid in insurance claims, maintenance and future renovations. At SRI, our FAA-certified pilots perform drone surveys of residential and commercial properties throughout South Florida. We use Catalogger image management software to easily store, search and access image and video data.

FAA-Certified Drone Pilots

All of our pilots have passed the FAA’s Small UAS Rule (Part 107) examination and maintain their flying credentials by passing recurrent examinations every two years.

Image Management with Catalogger
With a simple interface, Catalogger allows users to quickly access and share drone survey photos to guide maintenance, repair, and improvement projects. Image data is stored on the cloud and can be viewed on multiple devices via a password-protected portal.
Mission Planning With Recorded GPS Coordinates

Allows for repeated flights along the same path. Missions can be scheduled periodically to observe time-dependent changes such as concrete deterioration, roof wear and tear, hurricane damage, and modifications to surrounding structures.

Catalogger image management system logo
Tags: , ,
Architectural Committees Formal Procedures, Published Standards, and Self Help by REMBAUM’S ASSOCIATION ROUNDUP

Architectural Committees Formal Procedures, Published Standards, and Self Help by REMBAUM’S ASSOCIATION ROUNDUP

  • Posted: Jun 19, 2024
  • By:
  • Comments: Comments Off on Architectural Committees Formal Procedures, Published Standards, and Self Help by REMBAUM’S ASSOCIATION ROUNDUP

Architectural Committees Formal Procedures, Published Standards, and Self Help

by REMBAUM’S ASSOCIATION ROUNDUP

Formal Procedures

There are strict legal requirements that a homeowners’ association’s (HOA) architectural review committee (ARC) must follow, most especially if the ARC intends to deny an owner’s request. As this author has witnessed countless times, it is likely that many ARCs do not conduct their activities in conformity with Florida law such that an ARC denial may not withstand judicial scrutiny. If these legal requirements are not followed, and the ARC denies the owner’s architectural request, then it would be quite easy for the owner to challenge the ARC’s decision and prevail. Upon prevailing, the owner would be entitled to their prevailing party attorney’s fees and costs, as well. It is so easy to avoid this outcome, yet so few associations take the time to do it right.

Pursuant to §720.303(2), Florida Statutes, a meeting of the ARC is required to be open and noticed in the same manner as a meeting of the association’s board of directors. Notice of the ARC meeting must be posted in a conspicuous place in the community at least 48 hours in advance of the meeting, and the meeting must be open for all members to attend. Further, pursuant to §720.303(2)(c)(3), Florida Statutes, members of the ARC are not permitted to vote by proxy or secret ballot. Also, bare bone minutes should be taken to create a record of ARC decisions—especially denials.

We often hear from many HOAs that the ARC does not meet openly and does not notice their meetings. This leaves decisions made by the ARC vulnerable to challenge. If the ARC denies an application but fails to do so at a properly noticed board meeting, the owner can challenge the denial, claiming that it is not valid because the ARC did not follow proper procedure. In such cases, the ARC’s denial of an application is not valid because the ARC failed to comply with the procedural requirements for the meeting even if an application violates the declaration or other association-adopted architectural standards. However, by complying with the provisions of Chapter 720, Florida Statutes, your HOA can work to avoid this debacle.

 

 

Published Standards

Often a top priority for an HOA is ensuring that homes in the community maintain a harmonious architectural scheme in conformity with community standards and guidelines, and because the ARC is at the frontline of owners’ alterations and improvements to their homes, it is instrumental in ensuring that the community standards and guidelines are met. Pursuant to §720.3035(1), Florida Statutes, an HOA, or the ARC, “has the authority to review and approve plans and specifications only to the extent that the authority is specifically stated or reasonably inferred as to location, size, type, or appearance in the declaration or other published guidelines and standards.” But not every owner request is typically addressed in the declaration or other published guidelines and standards. If not, then the association may not be in a good position for proper denial. Therefore, the ARC is only as effective as the objective guidelines and standards (set forth in the declaration and other published guidelines and standards) are inclusive. So, what is the association to do when the ARC receives an owner’s application for an alteration to the home, but the association does not have any architectural guidelines or standards regulating the requested alteration?

While not court tested yet, a possible solution for this conundrum is to include a “catch-all” provision in the declaration to proactively address those ARC applications where a member may request a modification that is not directly addressed by the governing documents. Such a “catch-all” provision stands for the proposition that, if such a request is made, then the existing state of the community is the applicable standard by which the ARC application is to be judged. For example, imagine if an owner applies to the ARC to paint the owner’s house pink. If there are no architectural guidelines or standards that address what color a house must be, and there are no pink houses in the community, then the existing state of the community may provide a lawful basis for the ARC to deny the request because there are no existing pink houses in the community.

The Trouble With Self-Help Provisions

What if an owner refuses to maintain the owner’s property, such as pressure washing a dirty roof, despite the HOA sending demand letters, levying a fine, and perhaps even suspending the owner’s right to use the HOA’s recreational facilities? What is the HOA’s next step? Is it time to file a lawsuit to compel compliance? Well, Chapter 718 (governing condominiums), Chapter 719 (governing cooperatives), and Chapter 720 (governing HOAs) of the Florida Statutes authorize the association to bring an action at law or in equity to enforce the provisions of the declaration against the owner. Additionally, many declarations contain “self-help” language that authorizes the association to cure a violation on behalf of the owner and even, at times, assess the owner for the costs of doing so. These “self-help” provisions generally contain permissive language, meaning the association, may, but is not obligated to, cure the violation. Sadly, in this instance the word “may” means “shall,” and to find out why, read on.

There is a general legal principal that, if a claimant has a remedy at law (e.g., the ability to recover money damages under a contract), then it lacks the legal basis to pursue a remedy in equity (e.g., an action for injunctive relief). Remember, too, that an association’s declaration is a contract. In the context of an association, the legal remedy would be exercising the “self-help” authority granted in the declaration. An equitable remedy would be bringing an action seeking an injunction to compel an owner to take action to comply with the declaration. Generally, a court will only award an equitable remedy when the legal remedy is unavailable, insufficient, or inadequate.

Assume that the association’s declaration contains both the permissive “self-help” remedy and the right to seek an injunction from the court. Accordingly, it would appear the association has a decision to make—go to court to seek the injunction or enter onto the owner’s property, cure the violation, and assess the costs of same to the owner. However, recent Florida case law affirmed a complication to what should be a simple decision. In two cases decided ten years apart, Alorda v. Sutton Place Homeowners Association, Inc., 82 So.3d 1077 (Fla. 2nd DCA 2012) and Mauriello v. Property Owners Association of Lake Parker Estates, Inc., 337 So.3d 484 (Fla. 2nd DCA 2022), Florida’s Second District Court of Appeal decided that an association did not have the right to seek an injunction to compel an owner to comply with the declaration if the declaration provided the association the authority, but not the obligation, to engage in “self-help” to remedy the violation. Expressed simply, this is because the legal contractually based “self-help” remedy must be employed before one can rely upon equitable remedy of an injunction. Therefore, even though the declaration provided for an optional remedy of “self-help,” it must be used before seeking the equitable remedy of an injunction.

In Alorda, the owners failed to provide the association with proof of insurance required by the declaration. Although the declaration allowed the association to obtain the required insurance, the association filed a complaint against the owners seeking injunctive relief, asking the court to enter a permanent mandatory injunction requiring the owners to obtain the requested insurance. The owners successfully argued that even though they violated the declaration, the equitable remedy of an injunction was not available because the association already had an adequate legal remedy—the “self-help” option of purchasing the required insurance and assessing them for same. The Court agreed.

In Mauriello, the declaration contained similar language as in Alorda but involved the issue of the owners failing to keep their lawn and landscaping in good condition as required by the declaration. The association filed a complaint seeking a mandatory injunction ordering the owners to keep their lawn and landscaping in a neat condition. However, the facts were complicated by the sale of the home in the middle of the suit when the new owners voluntarily brought the home into compliance with the declaration. The parties continued to fight over who was entitled to prevailing party attorney’s fees with the association arguing it was entitled to same because the voluntary compliance was only obtained after the association was forced to commence legal action. The owners, citing Alorda, argued that the complaint should have been dismissed at the onset because the association sought an equitable remedy (injunction) when a legal remedy was already available—the exercise of its “self-help” authority. The Court considered the award of attorney’s fees after the dismissal of the association’s action for an injunction. Ultimately, the Court held that the owners were the prevailing party as the association could not seek the injunction because it already had an adequate remedy at law.

Accordingly, if your association’s declaration contains a “self-help” provision, and your association desires to seek an injunction against an owner rather than pursue “self-help,” the board should discuss the issue in greater detail with the association’s legal counsel prior to proceeding. Also, remember that if the association wants to enforce architectural standards, then they must be published to the membership; and always remember to notice ARC meetings and take minutes.

 

Tags: , , ,