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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

  • Posted: May 06, 2020
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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

by Kaye Bender Rembaum

In response to our article below, we have received inquiries from readers  regarding the ability of an  association located in Palm Beach County to use volunteers to provide the pool  monitoring as required by Palm  Beach County Emergency Order Number 5.

In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.

 

 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 

In addition, based upon an April 28, 2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.

 

With that in mind,  if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration: 

 

1) If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.

2) Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?

3) Does the association have insurance coverage in place to cover acts of volunteers?

4) Does the association have volunteer workers comp type coverage in place?

 

Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools.  The following links are provided for your reference:

Palm Beach County Emergency Order Number 5

The Palm Beach County Website April 28 posting related to volunteers  

Remember to also discuss the re-opening plan with your association’s legal counsel. 

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

 

 

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Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

  • Posted: May 04, 2020
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Re-opening Amenities In Times Of Uncertainty pt. 1

by Kaye Bender Rembaum

The re-opening of amenities is anything but easy due to the local Orders being promulgated by Palm Beach, Broward and Miami-Dade Counties. Please be sure to review your County’s specific order(s) to ensure your association remains in compliance. These Orders have similarities but are also VERY different.

A link to the recent re-opening Orders follows:

–Palm Beach County, Emergency Order Number 5

–Broward County, Emergency Order 20-08

–Miami-Dade County, Emergency Order 21020

 

As to the Palm Beach County Order, take note that that staff and management are responsible to ensure compliance with the Order with respect to the tennis/racquet court facilities, and that one or more facility staff or management must be present at the pool to monitor and “ensure compliance with the restrictions of the Order.” However, it is not at all clear what measures must be taken to “ensure compliance with this Order.” We do not think it would be sufficient to only post a sign setting forth the CDC Guidelines and the additional restrictions in the Order. Although the tennis/racquet court facilities guidelines, unlike the community pool guidelines, do not require personnel to be present at the tennis/racquet courts to monitor and ensure compliance, in our opinion the board should consider some type of responsible monitoring.

 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 

With respect to a swimming pool in Palm Beach County, “facility staff or management” must be present at the pool whenever it is open to monitor and ensure compliance with the restrictions set out in the Order, including social distancing and pool bathroom sanitation. If that cannot be accomplished, then the pool and or bathrooms should remain closed.

 

When opening a swimming pool in Broward County, their Order provides that the pool may not operate at more than 50% capacity. In person supervision in addition to sanitizing gates, railings and showers is required if the pool deck furnishings are left in place. However, by removing the furnishings, the wording of the Order seems to indicate the need to sanitize gates, railings and showers has been eliminated.  If the decision by the Board is to reopen the pool, whether the furnishings remain or are removed a level of reasonable cleaning/sanitizing should be maintained, as necessary maintenance remains a continuing obligation of the association with regard to common elements/areas, which would require sanitizing the pool gates, handrails, doors, bathrooms and the like minimally as the association normally would,  but clearly should be performed more frequently during these times.

 

Residents of Miami-Dade County will have to wait a while longer to be able to use their association swimming pool because their Order does not yet address opening association swimming pools.

 

We have heard that certain county staff are giving their personal interpretations of the Order(s) in response to questions from board members. If you think that relying on these unofficial and unauthorized interpretations will shield your association from immunity, think again! It is far more likely that staff interpretations of the County Orders will not provide any protection whatsoever, most especially if a resident contracts Covid-19 and a lawsuit is brought against the association. Until local governments revise their Orders to provide missing clarity, the plain language, conservative interpretation of these Orders should be followed to help ensure your association is protected as much as possible under the circumstances. Remember, too, that an association can have stricter requirements than those set out in the orders, but cannot adopt less strict requirements.

 

It is also unclear from the Orders how governmental enforcement of the restrictions is to occur by the County or any municipality, as it seems very (very) unlikely that there will be patrols driving around to check on compliance. Even if such patrols did exist, they could not hope to keep up. The more likely scenario is that the self-reporting of violations could possibly lead to monetary or other penalties against the association. Clearly, if the Board is of the opinion that the requirements in their County’s Order cannot be met at this time, it or are removed is certainly within the reasonable business judgment of the Board to keep those amenities closed. However, that said, reasonable business judgment should not be used by a board to make a decision to open amenities where the board believes it lacks the ability to be fully compliant with their county’s local Orders.

 

 

We encourage board members to contact their association’s legal counsel for guidance regarding reopening any tennis/racquet courts and/or pool facility, and to continue to monitor the guidelines, directives and orders issued by the CDC and the applicable local authorities. Stay safe.

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

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How the Coronavirus Can Affect Your Insurance Claim By Bobby Parsons / Cohen Law Group

How the Coronavirus Can Affect Your Insurance Claim By Bobby Parsons / Cohen Law Group

  • Posted: Apr 28, 2020
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How the Coronavirus Can Affect Your Insurance Claim

By Bobby Parsons / Cohen Law Group

 

As the Coronavirus continues to spread throughout the globe, many industries will experience closures and slowdowns, as well as implement various protocols limiting their productivity. For instance, the Florida court system has already issued an administrative order limiting court appearances that would require the gathering of a substantial number of people in an effort to curtail further spreading of the virus. The extent of such protocols being put in place during the near-term future remains unclear, but it is safe to assume, the business interruptions we have seen thus far are only the beginning until a vaccine is developed, or the virus runs its natural course.

Many offices are closing their doors for the foreseeable future and requesting employees to work from home. The most recent recommendations from the authorities include a moratorium on gatherings of ten people or more, down from fifty only a few days ago. The spreading of the virus, and the associated efforts to curtail its spread, will certainly impact all aspects of our lives, and suffering a loss to your home or property would only serve to make an impossible situation worse.

Insurance companies are very large, with vast amounts of employees. Should you suffer a loss to your property, an insurance company will likely be ill-equipped at this time to properly adjust your claim due to limitations on its productivity like those discussed above. Normally, an insurance company must conclude its investigation of your claim within ninety days. However, this rule is subject to a provision that allows insurance companies to exceed this timeline during exigent circumstances, like the one we are all dealing with today. What this means, is that your claim could get stuck in limbo while the global issue of the coronavirus runs its course. Scheduling inspections, hiring contractors, gathering documents from your insurance agent, and other steps ordinarily conducted during an insurance company’s investigation into a claim will take much longer than usual.

Given the uncertain nature of the near-term future regarding the ability to properly address your insurance claim, what is a property owner to do should it experience a loss? The most important thing to do in a time like this, is to protect the property from further damage and stabilize it. This could be something as simple as placing a tarp on the roof after suffering a leak. Even though the carrier is likely going to take quite some time to investigate the loss, this does not absolve a property owner of its responsibility to protect the property from further damage. Likewise, a property owner must also preserve the property to the best of its ability for inspection by the insurance company at a later date. Literally maintaining possession of damaged property may be a virtual impossibility due to contaminants or some other risk. However, should this occur, property owners should document such property thoroughly, and consider storing the damaged property with a third party better-equipped to handle such property. As the spread of the coronavirus continues to wreak havoc, it is important to know that an insurance company’s investigation into a property claim is likely to take much longer than normal, and it is equally important to understand how a property owner needs to adapt to the drawn out process.

 

If you have any questions regarding this, you can call our office 24 hours a day at 407-917-3192.

Robert "Bobby" Parsons, Esq.

Robert “Bobby” Parsons, Esq.

Learn more about Bobby here!

DISCLAIMER: This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Cohen Law Group through this site does not form an attorney/client relationship. This site is legal advertising. Please review the full disclaimer for more information by clicking here.

 

 

 

 

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HonestESA INITIATIVE STARTS NOW!

HonestESA INITIATIVE STARTS NOW!

  • Posted: Feb 04, 2020
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HonestESA INITIATIVE STARTS NOW!

As previously reported by CALL, two bills are making their way through committee in the Florida House and Senate. House Bill 209, sponsored by Representative Killebrew and Senate Bill 1084 sponsored by Senator Diaz, aim to protect disabled Floridians and curb some abuses related to emotional support animals (“ESAs”). Growing frustration over perceived illegitimate ESA requests unites Florida community associations. Fraudulent ESA requests harm not only community associations by forcing them to spend limited resources and precious time evaluating sometimes blatantly fraudulent documentation but also harm persons with a legitimate disability-related need for an ESA. Click here to read the bills.
 
 
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A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

  • Posted: Feb 03, 2020
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Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

By Eric Glazer, Esq. 

Published February 3, 2020

Two weeks ago, I wrote to you about House Bill 623 that is making its way through The Florida Legislature.  Another change to the law currently included in the bill is the following language:

718.112 Bylaws.—

(1) GENERALLY.—

(c) Any provision of the declaration, the association bylaws, or reasonable rules or regulations of the association which diminish or infringe upon any right protected under the Fourteenth Amendment to the United States Constitution or Art. I of the State Constitution is void and unenforceable without further action of the association. The association may record a notice in the public records of the county in which the condominium is located evidencing its intention to not enforce such provision. The failure of the association to record a notice in the public record may not be the basis for liability or evidence of discrimination or a discriminatory intention.

To simplify, the 14th Amendment made The Bill of Rights (The first ten amendments to the Constitution) applicable to the states.  So this law basically says no provision of your governing documents can infringe upon the rights you have under the Bill of Rights.  All of you know several of these rights such as the right to free speech, freedom of assembly, and freedom of religion.

There is plenty of law out there that says when you move into an association, you may give up some of the rights you may ordinarily have in your private home. You do this by agreeing to be bound by the governing documents.   For example, courts have upheld the rights of Florida associations to prevent the use of the common elements for religious purposes, allowed associations to impose reasonable restrictions on speech through time limitations at meetings, impose restrictions on placement of political signs on the property or even placement of religious symbols in excess of certain sizes on your windows and doors.

The adoption of this proposed amendment by The Florida Legislature may throw all of these restrictions into doubt, including another one I haven’t mentioned yet.  The Second Amendment is the right to bear arms.  Inasmuch as Florida law allows associations to prohibit alcohol use on the common elements and prohibit religious ceremonies on the common elements I always opined that the association had the right to ban weapons on the common elements via a rule. If this proposed amendment passes, no way would an association be allowed to ban guns from the common areas.

I have serious concerns that if this amendment passes, associations will potentially be embroiled in case after case, where the association attempted to impose all of the reasonable restrictions mentioned above, and unit owners taking the position that the association is prohibited from doing so because it violates their constitutional rights.  Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

If you are a believer that associations are notorious for not providing their owners with rights guaranteed by the U.S. Constitution, this new proposed law may not bother you.  If on the other hand you believe that the association should still be able to impose reasonable restrictions in order for all of us to live in harmony with each other, this new law should bother you.  A LOT.

 

 

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NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

 

Effective August  2019, the Regulatory Council of Community Association Managers changed the requirements for continuing education for license renewal. The number of hours required have been reduced from 20 to 15 hours each license period. The new requirements are:

 

  1. All community association manager licensees must satisfactorily complete a minimum of 15 hours of continuing education per biennial renewal cycle. No license shall be renewed unless the licensee has completed the required continuing education.
  2. Only continuing education courses approved by the Council shall be valid for purposes of licensee renewal.
  3. The required 15 hours of continuing education shall be comprised of courses approved pursuant to Rule 61E14-4.003, F.A.C., in the following areas:

(a) Three-hours of legal update seminars. The legal update seminars shall consist of instruction regarding changes to Chapters 455, 468, Part VIII, 617, 718, 719, 720, and 721, F.S., and other legislation, case law, and regulations impacting community association management. Licensees shall not be awarded continuing education credit for completing the same legal update seminar more than once even if the seminars were taken during different years.

(b) Three-hours of instruction on insurance and financial management topics relating to community association management.

(c) Three-hours of instruction on the operation of the community association’s physical property.

(d) Three-hours of instruction on human resources topics relating to community association management. Human resources topics include, but are not limited to, disaster preparedness, employee relations, and communications skills for effectively dealing with residents and vendors.

Three-hours of additional instruction in any area described in paragraph (3) (b), (c) or (d) of this rule or in  any course or courses directly related to the management or administration of community associations.

 

By KBR Legal  Rembaum Association Roundup

 

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Starting January 1, 2020, officers will start to issue citations….Florida texting law

Starting January 1, 2020, officers will start to issue citations….Florida texting law

Be prepared, Florida friends! While the new  took effect on July 1, 2019, law enforcement has only been issuing warnings. However, starting January 1, 2020, officers will start to issue citations. Check out our blog post for further details about the law.

New Florida Texting Law Effective July 1, 2019

By Ana Cristina Rossi, Esq.

Put your phone down while driving! We all know how dangerous it is to text while driving and the Florida legislature has done something about it. Florida joins 43 other states which allow law enforcement to pull over drivers for texting while driving.

The new law, which was signed by Gov. Ron DeSantis on May 17, 2019, went into effect on July 1, 2019. In explaining his support for the bill, Gov. DeSantis stated that Florida had almost 50,000 motor vehicle accidents in 2016 which were caused by distracted driving and 233 of these accidents resulted in fatalities.

Here Are Answers To Questions People Have About The New Law: Republished with permission from Cohen Law Group

How does this new law change the prior law on texting while driving?

The new law now makes texting while driving a primary offense, meaning that law enforcement can pull you over if they suspect that you are texting on your phone while operating a vehicle. Previously, texting while driving was a secondary offense, meaning that a driver could only be cited for texting while driving if they were pulled over for another offense.

 

What’s the penalty?

For a first offense, the fine is $30 and for a second offense, the fine is $60. You will also be responsible for paying court costs.

A first offense will be treated as a non-moving violation; a second offense will add 3 points on your license.

 

Can you use your phone while you are stopped at a traffic light?

Yes, the new law permits drivers to use their phones in a motor vehicle which is stationary.

 

Can law enforcement confiscate your phone if they see you texting while driving?

No, law enforcement are trained to detect the signs of texting while driving and are not permitted to confiscate or otherwise access your phone without a warrant.

While the law took effect on July 1, 2019, law enforcement will only be issuing warnings until January; after that, officers will start to issue citations.

Ana Cristina Rossi, Esq.

Learn more about Ana Cristina here!

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Community Associations Threatened With Website Litigation Under the ADA

Community Associations Threatened With Website Litigation Under the ADA

  • Posted: Dec 30, 2019
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Community Associations Threatened With Website Litigation Under the ADA

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.

  • So what does pizza have to do with a community association website?

Frankly, not a darn thing. It appears that the lawyers and firms threatening these specious lawsuits are conveniently conflating the obligations found under Title III of the ADA for places of public accommodation with the different set of obligations found in the Fair Housing Amendments Act (FHA) for housing providers.

Or, these lawyers are simply trying to avoid application of the ADA altogether since most private residential communities are not considered places of public accommodation. The ADA requires that every owner, lessor or operator of a “place of public accommodation” provides equal access to users who meet ADA standards for disability.

These lawsuits are attempting to apply the ADA standards for websites to housing providers impacted by the FHA.

These threatened website lawsuits are uniform in style (mostly forms sent in mass) and generally allege that a “tester” was unable to navigate an association’s website, resulting in a discriminatory impact on those who are visually impaired.

The suits allege that community association websites were not accessible to visually impaired persons thus violating the FHA. Community associations are considered housing providers under the FHA and, as such, must make reasonable accommodations for residents and guests with verifiable disabilities.

This is true in the realm of service and support animal requests and these new website lawsuits attempt to expand that obligation to include visually impaired visitors to an association website. It is curious that these testers did not reach out first and request that the allegedly deficient websites be modified for a visually impaired person to more easily navigate the site. Instead, demands are being summarily sent to community associations statewide who have websites in an attempt to reach a quick settlement.

The demand letters offer a conditional release for payment of “reasonable attorney fees” because the attorney sending the letter claims the firm is entitled to compensation for work completed to investigate, research and determine the community association’s noncompliance.

Of course one cottage industry begets another. In addition to a handful of law firms who believe they can generate some revenue with these tester lawsuits, we now also have a number of companies advising communities that they can make their websites compliant for fees ranging anywhere from $2,000-$5,000 and annual hosting around $300-$1,000 per year.

In actuality, the cost depends on the content and functionality of the website including the number of features that must be optimized for the visually impaired. There are also some solutions that are free depending on the website platform.

Many of the demands and threatened lawsuits appear to lack any merit and seem to be merely an attempt to obtain a quick settlement payment from community associations or their insurers.

Many of the communities who have been threatened have website features that are password-protected, are accessible only to owners, or don’t have the features that are the subject of the complaint, so the allegations appear to be specious.

While we can debate the merits of these tester lawsuits and even seek legislative clarification in the upcoming 2020 Legislative Session, in the interim, associations with websites need to speak with experienced counsel to confirm whether or not their association’s website must have the necessary software for disabled users.

This confirmation is particularly important if your community uses its website to list properties for sale or lease. As for the attorneys who have decided to send out these blanket demands without the benefit of further investigation, let’s hope they have a change of heart when associations push back.

Donna DiMaggio Berger is a board certified specialist in condominium and planned development law, a shareholder at Becker Law and the executive director of the Community Association Leadership Lobby.

 

 

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Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

  • Posted: Dec 17, 2019
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If You Have Been Injured in a Slip and Fall Accident
Follow These 7 Important Steps

Find us on the Members Directory on SFPMA – The Maus Law Firm

1) Seek Medical Attention

This is your first step. Always to seek medical attention to ensure your injuries are documented. Schedule a Fort Lauderdale slip and fall attorney consultation as soon as you are well enough to visit.


2) GET PHOTOS

Facts are important. Document the location of the fall, store employees near, and the condition that caused you to fall.

 

3) DO NOT GIVE A RECORDED STATEMENT – YOU ARE NOT REQUIRED TO GIVE A STATEMENT.

They’re taking a statement to help their position – NOT to help YOU.
Our Fort Lauderdale slip and fall lawyers advise clients that if the business or insurance company contacts them, refer them to us. The calls will stop.

 

4) REQUEST AN INCIDENT REPORT

Businesses and insurance companies are infamous for the defenses they use when a person gets injured on their property.

 

5) REQUEST IN-STORE VIDEO SURVEILLANCE BE PRESERVED

This should be done in writing, and as soon as possible. Most businesses’ video recorders will tape over whatever is recorded after time.

 

6) GET WITNESS NAMES AND CONTACT INFORMATION

There is strength in numbers.

 

7) DOCUMENT YOUR INJURIES

Don’t wait!

Get the Help You Need from a Top Fort Lauderdale Slip and Fall Attorney
You deserve an experienced lawyer in slip and fall accidents and premises liability cases. Speak to a Fort Lauderdale slip and fall attorney in our office to have your questions answered.
Call 1-855-999-5297 today or visit us at www.mauslawfirm.com

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Protecting Tenants at Foreclosure Act of 2009

Protecting Tenants at Foreclosure Act of 2009

  • Posted: Dec 09, 2019
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Protecting Tenants at Foreclosure Act of 2009

Resurrected and Here to Stay

by KBR Legal/ Jeffrey Rembaum, Esq.

On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing.

The federal law was known as “Protecting Tenants at Foreclosure Act of 2009”.  It generally provided that a bona fide tenant was authorized to remain in a residential unit that was acquired by a new party through foreclosure for the balance of the unexpired term of the lease, unless the unit was acquired by a party that intended to occupy the unit, in which case the tenant was authorized to remain in the unit for ninety days after receiving a notice to vacate.

For purposes of the federal law, a “bona fide tenant” was a tenant who was not the mortgagor or the parent, spouse, or child of the mortgagor and who was under a lease that was the result of an arms-length transaction where rent was not substantially lower than fair market value.

The federal law assured that residential tenants would have a reasonable amount of time to plan and find alternative housing after the unit they were renting was foreclosed and acquired by a new party. However, it also assisted community associations in finding desirable tenants to rent units they owned through the foreclosure of the association’s assessment lien for a fair market value, which then helped the association recoup unpaid assessments and bad debt otherwise attributable to the unit.

The protections of the federal law were intended to “sunset”, which is a term meaning ”to expire”, on December 31, 2012. However, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) later extended the sunset date to December 31, 2014. Once the federal law finally expired on January 1, 2015, tenants of residential property in Florida no longer had any special protection from eviction by parties acquiring such units by foreclosure.

Then, approximately six month later, the Florida legislature adopted its own version of the law as part of the Florida Residential Landlord and Tenant Act. Specifically, section 83.561, Florida Statutes, became effective on June 15, 2015, and provides that “if a tenant is occupying a residential premises that is the subject of a foreclosure sale, the purchaser named in the certificate of title is permitted to give a tenant a thirty day notice to vacate and the tenant must comply”. Therefore, as of June 15, 2015, residential tenants had a much shorter timeframe of thirty days’ notice to vacate a unit acquired by foreclosure.

 

Finally, on June 23, 2018, the federal Protecting Tenants at Foreclosure Act became effective again. It no longer contains any sunset or expiration date; so it is here to stay. Since a federal law will supersede a Florida law when it is more stringent, the provisions of the Federal Protecting Tenants at Foreclosure Act giving tenants more time to vacate residential property after it is acquired by a new party through foreclosure will apply to transactions in Florida despite the shorter timeframe provided by state statute.

 

Kaye Bender Rembaum, Attorneys at Law

Palm Beach Office
Gardens Professional Center
9121 N. Military Trail,
Suite 200
Palm Beach Gardens, FL 33410
Phone: (561) 241-4462
Fax: (561) 223-3957
Broward Office
1200 Park Central Blvd. S.
Pompano Beach, FL 33064
Phone: (954) 928-0680
Fax: (954) 772-0319
Tampa Office
1211 North Westshore Blvd
suite 409
Tampa, Fl 33607
Phone: 813-375-0731

 

 

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Know the Rules of Restroom Renovations

Know the Rules of Restroom Renovations

  • Posted: Dec 09, 2019
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Know the Rules of Restroom Renovations

by Steven C Fraser, Esq. Fraser Lawyers

An area that gets a lot of foot traffic in any building, and one which everyone eventually will see and use, the restroom is a critical component of all commercial and industrial buildings. Typically thought of as only a functional space, the restroom has been transformed both by increased regulatory requirements for businesses (e.g., OSHA, ADA compliance, etc.) and by a shift to create more comfortable, inviting spaces for occupants.

These shifts put unique pressures on managers of aging buildings that may have fallen behind the curve on restroom design, aesthetics and function.

 

An area that gets a lot of foot traffic in any building, and one which everyone eventually will see and use, the restroom is a critical component of all commercial and industrial buildings. Typically thought of as only a functional space, the restroom has been transformed both by increased regulatory requirements for businesses (e.g., OSHA, ADA compliance, etc.) and by a shift to create more comfortable, inviting spaces for occupants.

These shifts put unique pressures on managers of aging buildings that may have fallen behind the curve on restroom design, aesthetics and function.

 

Norman Chapman facilities supervisor at Petigru Commercial Properties in Columbia, South Carolina., manages about 22 different properties, most of which were built anywhere from 25-30 years ago. He says that most of the buildings’ restrooms are located within tenants’ suites, which means the tenants are responsible for the upkeep and cleaning of those rooms. “We also have some common bathrooms,” says Chapman, “all of which are updated and modern.”

For example, most of Petigru’s properties feature restrooms that have wood frame cabinetry, decorative table legs, granite countertops, aged-bronze fixtures, high-end lighting and bold color schemes. Situated in a region that has a rich history.

Knowing that workers are more satisfied when it’s clear their employers care about them, Chapman says Petigru puts extra effort into keeping its restrooms fresh and updated, regardless of the building’s age. “Bathrooms are as important as the common hallways in a multi-tenant building, so we really try to keep up with the times and have them look nice,” says Chapman, “all in the name of attracting tenants that want a comfortable, functional space for their employees.”

 

OSHA’s Restroom Requirements for Businesses

When adding new facilities or renovating existing restrooms in an older building, there are some important regulatory requirements to keep in mind. In regulating the availability of and workers’ access to restroom facilities, the Occupational Safety and Health Administration (OSHA) has specific rules that must be followed. OSHA’s documentation is extremely detailed and complex, but at a basic level the Society for Human Resource Management (SHRM) highlights these requirements:

  • Toilet facilities must be available at every worksite.
  • Companies with 15 or fewer employees are required to offer only one unisex bathroom and toilet with a locking door.
  • For larger companies, the requirements are:
  • Two toilets for 16 to 35 employees
  • Three toilets for 36 to 55 employees
  • Four toilets for 56 to 80 employees
  • Five toilets for 81 to 110 employees
  • Six toilets for 111 to 150 employees and
  • One additional toilet for every 40 employees over 150.
  • Employers must provide gender-segregated facilities for coed workforces over 15 employees, with bathrooms designated as being for male or female use (unless they can be occupied by no more than one person and can be locked from the inside).
  • Each toilet must be in a separate compartment, with a door, and must be separated from the next by partitions sufficiently high to ensure privacy.
  • Hand-washing facilities must be provided and maintained in a sanitary condition. All restrooms must have running water, soap and either hand towels or air-dryers.

 

ADA Compliance Counts

An important consideration for all businesses and public spaces today, the Americans with Disabilities Act (ADA) has strict rules in place concerning the construction and renovation of restroom facilities. If you’re running an older building where the restroom facilities haven’t been recently updated, then you may need to revisit your restrooms to make sure they are up to code.

The complete ADA guidelines are available here. According to Buildings, the basic ADA guidelines that facilities managers should keep in mind for single-user restrooms are:

  • There must be 30” X 48” access to the sink (in other words, the door can’t swing into this rectangle).
  • The measurement starts from the point where users have 9” vertical clearance for their feet and 27” vertical clearance for their knees.
  • The center line of the toilet must be between 16” to 18” from the side wall.
  • To allow a wheelchair to turn, there must be a clear circle of at least 60 inches around the side wall and 56 inches from the rear wall.
  • The toilet seat height must be 17-19 inches.

 

According to Chapman, it’s important to factor both OHSA and ADA requirements into a restroom renovation in an older building, with the latter posing some of the bigger challenges for a upgrading an existing space. “You need at least one ADA stall (depending on how many tenants are on a floor of the building) in every bathroom, and that can take up some extra room,” he explains. This sometimes requires re-thinking how space is used, and whether or not the restroom redesign will require borrowing space from other private areas of the building. In a case like that, the restroom renovation project will require planning and timing around lease agreements as well.

 

Improving Comfort Levels

All older buildings will eventually have to go through some type of restroom renovation project. Whether the purpose is modernization, comfort, functionality, compliance or a combination of all four, this is a facility area that requires ongoing attention and commitment.

Not only do restroom renovations help keep occupants comfortable, but they can also enhance property value, improve employee morale, and help establish your company as one that cares about its employees, customers, and business partners.

The information provided on this page does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

 

STEVEN C. FRASER, P.A

(877) 862-7188

221 W Hallandale Beach Blvd
Hallandale Beach, Florida 33009
(877) 862-7188
sfraser@fraserlawfl.com

 

 

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