When talking about people we often say it’s what is on the inside that counts, well the same can be said for condominiums. What you can’t see is often more important than what you can.
Many associations came about when developers converted apartment buildings into condos. Others in south Florida are just getting old and while it might not always be obvious on the outside a look inside the walls, under the slab or in the elevator equipment room will give you a better picture of the problems that lurk beneath the surface. All of these things have useful life’s and tend to wear out over time.
If the association has not made plans for replacing and updating these things as they wear out, by putting away the reserves necessary to replace them the question is not will there be an ugly surprise it is when will there be an ugly surprise. Developers and ever boards are good at investing in the things we can see and they help drive value like fancy wallpaper, marble floors, landscaping and quality amenities but often overlook things like old plumbing, outdated electrical services panels, and mechanical equipment.
If the association does not have the funds to give these items attention when needed, the result is special assessments or worse yet failures and disruptions in the lives of residents.
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If your fire alarm system starts sounding like a horror movie sequel, it’s time for you to take action.
Sure, being reminded of danger with sporadic false alarms might make for some good Sunday afternoon entertainment – but do you want your guests running out scared all the time? We don’t think so, which is why we’ve put together this guide on how to know when your fire alarm system needs repair!
Whether you need a new battery or just some help troubleshooting the cause of those pesky alerts, we have your back. Read on and prepare for peace of mind (and less screaming) Premier Fire Alarms and Integration Systems Installation Division offers Miami’s best fire alarm systems repair. Our top-notch services help protect your family and business in a fire. Forget about unheard or unattended alarms, and let our experts monitor your system 24 hours a day, seven days a week!
When protecting your family and your property from fire, you must always keep your fire alarm system in good working order. Regular maintenance and system checks are essential to ensure your fire alarm functions correctly.
Here are a few signs that indicate your fire alarm system needs repair:
False Alarms
Various issues with the system components, such as a broken smoke detector, faulty wiring, or damaged sensors, can cause false alarms. If false alarms occur regularly, it’s likely time for your fire alarm system annual inspection.
Flashing Lights
Flashing lights on your fire alarm panel are an indication that there is something wrong with the system. Suppose these lights persist after performing the recommended reset procedure from the manufacturer. In that case, it’s time to call for professional assistance from a fire alarm service and inspection company in Miami Dade.
System Malfunction
If your fire alarm isn’t responding appropriately when tested or during an emergency, this could be evidence of a malfunction in one or more components within the system. It is also time to contact a commercial fire alarm company to diagnose and repair any malfunctioning parts or replace them if necessary.
Age of the System
Even if everything seems to be functioning normally, it’s important to remember that all electrical systems have an expiry date which varies depending on how often they are used and their quality.
If all other tests reveal no significant problems, but you know you installed your current system many years ago, consider replacing it with newer technology. Due to age, outdated systems may not provide adequate protection against fires.
A fire alarm installation in Miami-Dade County can help with this.
Contact Us Today!
By being aware of these signs indicating potential repairs needed for your fire alarm system, you can avoid any issues before they become severe emergencies.
Finding the best fire alarm systems repair company is the first step. They will come to inspect and diagnose all possible problems promptly and efficiently, so you don’t have to worry about exposing yourself to potential danger caused by faulty equipment!
Premier Fire Alarms & Intergration Systems is the best fire alarm systems repair company. We have modern and reliable methods and serve the entire Florida area. Please reach out to us to discuss our given services:
WHEN IT COMES TO FIRE ALARM SYSTEMS & INSTALLATION, YOU CAN COUNT ON OUR EXPERTS TO METICULOUSLY DESIGN, INSTALL, MONITOR, AND MAINTAIN ALL THE CRITICAL SYSTEMS THAT KEEP YOU AND YOUR ASSETS SAFE.
5 examples of HOA websites (plus important features)
Almost every company and business has a website today – and for good reason. Anyone who wants to know more about you, or the products or services you provide, is going to search for you online. A well designed, user-friendly website helps ensure prospective clients convert to long-term customers.
Now, a homeowners association isn’t exactly like a business, but there are many similarities. HOAs must keep homeowners informed, collect payments (in the form of fees or dues) and advertise the community to prospective homebuyers. These are just a few of the many reasons why HOAs are strongly encouraged to have their own community website.
How a website can help HOAs operate with fewer glitches
An HOA website acts as a secure platform for sharing and receiving essential information like news, announcements, notices, forms, governing documents, resources, directories, and more. Instead of having to ask management or the board about upcoming member meetings or request an architectural change form, owners can log on to the association’s website and immediately get everything they need from one place.
The best websites will have a secure portal or page that only members can access. This helps with information sharing while being mindful of security and privacy.
Public photos of events, amenities and the HOA can also be shared to showcase the best of your community and entice prospective buyers. It’s an affordable and effective way to advertise.
Administrative tasks, such as maintenance requests or payments, can be streamlined and automated when they are brought online. Best of all, having an online system keeps everyone more accountable. Once a payment is made or a request is submitted, proof of that action is immediately available to management and owners.
Some states have made websites mandatory for associations
In some states, websites are actually required for larger communities. In Florida, if your condo association has 150 or more units, then it must have a website that complies with specific requirements (timeshare units are excluded).
Texas just put a similar rule into effect for HOAs with at least 60 lots, or any association under contract with a management company. These HOAs must make the most current version of the association’s “dedicatory instruments” relating to the association or subdivision—and filed in the county deed records—available on an internet website. Information must be maintained by the association or management company working for the HOA; it must be made available to all members.
When it comes to maintaining a happy and efficient HOA, communication is key. User-friendly technology has given HOAs an opportunity to improve connectivity and engagement. A website is one tool that will help HOA members to stay informed and involved. Apathy can lead to a fractured and stagnant HOA; a website encourages the opposite.
Why don’t more HOAs have websites?
Websites have come a long way, and with so many DIY platforms available, it’s become much easier to make one. But some boards may still be apprehensive about having a community website, while others may be worried about the time or costs involved in maintaining it. These are valid concerns, and it is important to discuss the following points with your HOA board before you move forward with getting a website:
What problems will the website aim to solve for owners, board members and management?
Can (and should) the HOA maintain the website on its own?
How much can the association afford to spend on a website? There are hosting fees and maintenance fees to consider in addition to the initial cost of the site
Has the board spoken with an attorney about the website and what information should be gated?
What are the requirements of the association? What features would it like the website to have?
Does the state or municipality have any requirements when it comes to HOA websites?
Can the website integrate with any of our current online systems?
Is there an HOA software company that could offer more options and features?
Getting a custom website
If the budget is available, many HOAs will elect to have someone else build their website for them. It’s usually a less stressful process when there’s a professional taking care of the hard stuff. While there are dozens of exceptional web designers out there, it can be hard to find the right one for your community.
Consider taking a less traditional route and hiring an HOA software company to build a custom site for you. Condo Control has a professional in-house designer available, and we work exclusively with residential communities. That means we’re in a better position to build an HOA-specific website than other developers.
Furthermore, we’ll make sure that owners have a password-protected section where they can easily find community news and information. Owners also have the option to login to their personal Condo Control account directly from the HOA website. From there, they can make online payments, book amenities, submit service requests/ architectural change forms and much more.
Make sure you get these 5 features
Your HOA website should be built based around the specific needs and goals of your community. That may mean you only need a few pages. Conversely, you may require multiple pages if your owners prefer to get documents and information online.
That being said, most communities will want to have the following features available to owners:
Desktop and mobile-friendly design
Your website must be available through mobile and desktop. Mobile traffic accounts for almost half of web traffic worldwide. According to Statista, In the first quarter of 2021, mobile devices (excluding tablets) generated 54.8% of global website traffic. Basically, more and more people are visiting websites through their phones. The convenience and ease of access means this trend will continue.
Community calendar
One of the best ways to ensure your owners show up to events is to integrate a community calendar right into the website. This is an easy way to keep everyone in the loop. When used collaboratively with HOA management software, admins can add events from the system and include details for meetings, social activities and even things like garbage pickup. These activities will then appear on the website calendar. Plus events can be added ahead of time or as they come up – it’s a flexible and simple solution.
Document storage
Giving owners 24/7 access to forms and governing documents, or board members a place where they can store and review every item relating to HOA business, is a gamechanger. Trying to keep papers organized is a lot of work, and trying to locate that one item you need in a file cabinet of folders is even harder. With online document storage, owners simply need to log in to the password protected area of the website, enter a keyword and they should be able to find what they’re looking for in seconds.
Resident maintenance requests
Since we’re keeping with the theme of simplifying and streamlining processes, online resident maintenance requests is another must-have website feature. Digital forms can be submitted by owners, and they can do this while they’re watching tv or commuting to work (since your site is mobile friendly). Management can see when new forms are submitted and request to receive notifications if they forget to follow up after a certain number of days.
Digital bulletin board and announcements
Communication is often the biggest issue impacting HOA communities. Sometimes, management thinks they are sharing enough, but owners still want more. Having an online system to post updates, notices and other information is an effective, cost-efficient solution. Messages can be created and shared in seconds, and associations forgo the print and mailing costs. Management can include links and attachments with these messages, too. Set expiry dates for time-sensitive announcements, or keep them up on the board for the entire year.
5 examples of great HOA websites
Below are some great examples of simple, user-friendly websites:
Lake Linganore Association
About the association
Lake Linganore is a very large association located in Maryland. It has dozens of private amenities available to users, including beaches, basketball courts, a dog park and even an events tent. Lake Linganore water is used as the primary source of drinking water for the City of Frederick, and it’s the emergency back-up water supply for Frederick County. It holds over 500-million gallons of water!
Why we like this website
The Lake Linganore site is very easy to navigate. There is contact information listed on the site, and a few small dropdown menus so as not to overwhelm the user. The visuals are also “on-brand,” or representative of the association’s qualities and characteristics. The interactive sections, such as the amenities map and historical timeline, is a great way to attract prospects.
Solano Grove
About the association
Solano Grove is a well-established community located in Jacksonville, Florida. It is an older condominium community, but that just means the units are more spacious than some of the newer builds.
Why we like this website
Solano Grove’s website offers users a clean and visually appealing space. There is just enough information; everything you need is easy to find. Owners won’t have a hard time figuring out where to login or register for the password-protected section.
Surfsong Condos
About the association
Surfsong Condos has 72 condominium units, a lovely clubhouse situated next to an oceanfront swimming pool and hot tub, and two tennis courts. Located in San Diego, atop a ninety-foot bluff overlooking the Pacific Ocean, it is a truly beautiful place to live.
Why we like this website
Surfsong’s website sets the tone for the community. It is organized, but has a fun, laidback feel too. Not only are there photos of the area, but the website also offers visitors a breathtaking video of the condo community as well.
The site encourages new owners to sign up for an account using information they would have received in their welcome letter. Moreover, it has a small list at the bottom of the website informing owners of the information they will be able to obtain on the password-protected section.
Detailed contact information for the management team can also be found at the bottom of the website so that anyone who wishes to speak with them can get in touch quickly and easily.
Deering Bay Marina
About the association
Deering Bay Marina, located in South Miami-Dade County, is a pristine marina community that caters to lovers of boating, nature, and outdoor sport. Members have access to some of the best fishing spots around.
Why we like this website
Beside the beautiful photos of this stunning marina, Deering Bay Marina’s website has lots of helpful information readily available. For example, you can check local tides and weather, and any slips that are for sale or for lease. Members can access a password-protected section of the site as well where they will get to see information and updates released exclusively for them.
The Willows HOA
About the association
The Willows HOA Resort Living boasts the perfect climate with tranquil and beautiful landscapes bordering the Bay. The Willows’ 201 homes are adjacent to Alameda’s shopping mall. There is a large clubhouse, perfect for parties and a gym as well as an inviting pool.
Why we like this website
The design is ideal for HOAs looking for a simple, straightforward layout. Updates to the community are posted on the landing page for ease of access and immediate viewing by community members. Important HOA documents are accessible with a login from the home page. Tabs at the top take you directly to the specific page, without a long dropdown menu to scan.
Bonus: An HOA website template created by Condo Control
Condo Control offers all of the must-have features that we highlighted earlier on. Our HOA management software supports and works directly with the websites our team creates. We build professional, user-friendly websites for HOAs that want to improve communications and augment the association’s brand. Click here to see an example.
Note that we can customize even simple templates. On this one, we include amenities and information about board meetings and board members. You will also see how the events calendar looks from a resident’s perspective. Admins can update monthly calendars directly from their Condo Control account. Our goal is to showcase the very best of your community.
What makes a great website
It’s really important that your website is aesthetically pleasing. To put it bluntly, an ugly site isn’t going to encourage owners to use it. But – looks aren’t everything. A great website is fast, user-friendly, current and secure. Some of these qualities will overlap with must-have website features we mentioned earlier.
Mobile-friendly
We’ve already talked about the importance of making sure your HOA website is mobile friendly.
Fast
Our attention spans are shorter than ever, and people expect fast load times. Your website should be capable of solving problems for owners, not creating more frustrations for them. If you hire someone to build your website for you, they will be able to take the proper steps to ensure your site loads quickly without compromising on the quality of images or functionalities.
Informative
The website should have all of the resources that owners frequently ask for. This saves you and your staff time since owners will be able to do more for themselves. Announcements, governing documents, and events should be available on the password-protected section of the site.
User-friendly
The website should be easy to navigate and allow visitors to find what they are looking for right away. Simplicity trumps complexity when it comes to websites.
Secure
Security must always be prioritized. Personal and sensitive information is invaluable; HOAs must take every step possible to ensure only authorized individuals have access to this information. In addition to creating a section just for residents, be sure to Secure your site with HTTPS (Hypertext Transfer Protocol Secure).
Costs
The last aspect of HOA websites we will discuss is the costs. While you could probably find a free website template, we strongly recommend investing in a site that will offer you the most value for your investment. Free sites will be slow, may have tons of ads and they are not very customizable. Free websites will not provide a great experience for you or your owners.
If you are fortunate enough to have a board or committee member who is comfortable with something like WordPress and a bit of code, your association might spend anywhere from $150 – $600 per year. Costs will depend on whether you build from scratch, or pay for a website builder like Wix or Squarespace.
This cost estimate takes into account things like the domain name, hosting, premium themes and add-ons. The downside here is that you are responsible for updating and maintaining everything.
Prefer to hire a professional instead? You could be charged anywhere from $3,000 – $20,000 (or more). That’s a huge range, but there are a lot of variables to consider. The skill of the developer, whether you hire a freelancer or agency to do the work, the custom features you require, add-ons like quarterly updates and any additional services will all impact the price.
Conclusion
HOA websites can act as a central resource hub for associations. Even if your owners aren’t tech-savvy, almost anyone can navigate and use a well-designed website. Plus, it doubles as an efficient advertising tool. With so many features and functions, having an HOA website just makes sense.
The word “hot” has many connotations: it can reveal anger when you say someone is “hot around the collar”; it can invoke personal appeal or desirability “he’s so hot”; it can refer to a disorganized person or situation, hence the description as “a hot mess”; and can also be used to describe an emotional issue or topic as a “hot button”. However, since the earliest of times, the word hot has been used to describe the temperature and we’ve been hearing this word a lot lately in many parts of the US given the ongoing heat waves. More than 61,000 people died because of the heat waves that swept the European continent. We won’t know for some time how many US fatalities have occurred due to our extreme heat during the summer.
Extreme heat can cause dehydration, heat exhaustion, exacerbation of existing medical and mental health conditions, respiratory distress, and heatstroke. Dehydration can cause dizziness, fatigue, and muscle weakness. Heat exhaustion may result in heavy sweating, nausea, headache, rapid heartbeat, faintness, and muscle cramps. Extreme heat can more greatly affect people with underlying respiratory, cardiovascular and kidney disorders with extreme heat being tied to an increased risk of heart attacks or other cardiovascular events. Heatwaves have also been linked to diminished air quality in urban areas which can worsen respiratory conditions such as asthma. Lastly, extreme heat can impact mental well-being, leading to irritability, mood swings and difficulty concentrating, all of which can make communal living more stressful.
Dealing with extreme heat events in a multifamily building, especially for those on fixed incomes, can be challenging. What should your association board and management team be doing in response to an extreme heat event? Certainly, including preparation for heat waves into your emergency disaster plan is recommended. The following are some items you may wish to consider:
If your association has employees, work with counsel to review your employee guidebook particularly for employees whose work requires them to be outdoors. For those employees, you will want to be sure that they have access to plenty of water throughout the day to stay hydrated and replace fluids lost through perspiration. If those employees are required to wear a certain uniform that is not well suited to an extreme heat event, you should consider an alternate uniform for extreme heat event. You may also want to be confirm that your outside vendors who provide services outdoors have provided adequate water and protection from the sun for their workers.
Create shade around the building by using umbrellas, awnings, or strategically placed vegetation to reduce the impact of direct sunlight. Bear in mind that some of these shade additions may require advance membership approval.
Revisit any architectural control guidelines you have in place which may restrict or prohibit the use of fans on patios, balconies and lanais. Fans are used to circulate air and can create a cooling effect. Consider how curtains, blinds and blackout shades may reduce the temperature inside units particularly if a unit owner is not running the AC at reasonable temperatures. Allow people to close their blinds and/or their hurricane shutters during the day to block out direct sunlight and prevent heat from entering the living space.
Consider limiting daytime hours of play for outdoor tennis and pickleball courts as well as any other outdoor recreational areas when temperatures are soaring. Installing thermometers on the common areas may also help remind your residents about climbing temperatures.
Consider purchasing a whole building generator if you don’t already have one. In the event that increased electric demands during a heat wave cause a blackout or brownout that generator may save lives in your building. Naturally, a generator will also help in the aftermath of a windstorm which knocks out electricity.
Check in with your residents who may be living alone and dealing with physical or mental health challenges as well as economic burdens. These residents may not be running their A/C as often or at a temperature that is needed for their wellbeing. This is also the time to confirm that you have emergency contacts for your residents.
Reach out to local community organizations, social services, or government agencies that provide assistance during extreme weather events. They may offer cooling centers, fan distribution programs, or other resources for your residents.
The strategies your board and management team use in response to an extreme heat event depends, in large part, on your building’s location and infrastructure as well as the available monetary and personnel resources. However, there are some basic steps all associations can take to educate their residents about the dangers of extreme heat. The phrase, “we’re having a heat wave” doesn’t have to spell disaster in a well-prepared community.
For additional information please listen to my podcast conversation with Jane Gilbert, Miami-Dade’s Chief Heat Officer which can be found here.
Donna DiMaggio Berger is a Shareholder with the Becker law firm, is Board-certified, is a Fellow with the College of Community Association Lawyers (CCAL) and is a keynote speaker and the host of the popularTake It To The Board podcast on association issues.
Donna DiMaggio Berger is a Shareholder in Becker’s Community Association Practice in Ft. Lauderdale, Florida. She is a member of the College of Community Association Lawyers (CCAL), a prestigious national organization that acknowledges community association attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. She is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.
As Founder and Executive Director of Becker’s Community Association Leadership Lobby (CALL), Ms. DiMaggio Berger has led various community association advocacy initiatives, working with legislators and other public policymakers on behalf of those who live, serve, and work in common interest ownership communities. She has testified before the Florida Legislature regarding community association law and frequently appears on radio talk shows and in print media discussing these issues.
Providing everything from a full branding overhaul and business development program to a specific marketing project or campaign.
Vail Marketing Solutions is a woman-owned, multi-service consulting firm providing marketing, communications and business development solutions for any business looking to increase their visibility and bottom line. Our approach delivers a cost-effective, customized marketing plan to fit the needs of your business and reach your goals. We will work hand in hand with you to develop your brand, tell your story and help you stand out from your competition ultimately leading to more growth opportunities.
For over 14 years, Ms. Jessica Vail has been successful in providing marketing, communications and business development solutions within the construction, engineering and real estate industries. Her passion for marketing and helping others led her to create Vail Marketing Solutions. She is a published writer and an active member of many networking organizations and committees.
What is holding you back?
You don’t have time to spend on a marketing plan and execution. You have limited resources, staff and money. You don’t know where to start. If these scenarios sound familiar, let’s talk.
Comments: Comments Off on Premier Fire Alarms & Integration Systems Installation Division Inc. a leader of innovative systems for over 27 years.
Premier Fire Alarms & Integration Systems Installation Division Inc. has been a leader of innovative systems for over 27 years. Our Fire Alarm Company serve and install most major brands of fire alarm systems and security products. Our licensed and certified staff is available 24 hours for emergency system repairs. We are factory authorized dealers for various manufacturers of low voltage systems. Below are the systems and services we provide:
Annual certifications for fire alarm systems
Service contract fire alarm systems.
Fire alarm and burglar alarm monitoring contracts.
BDA frequency testing (bidirectional amplification systems installed).
BDA installations of existing buildings.
24 hour emergency service.
Engineered fire alarm system installations, engineering department.
Fire Alarm systems have become unavoidable and can be found in many spots. Be it your home, office, condo, shopping center, or practically any other place, the necessity of the presence of a fire alarm system has made their presence more widespread. Hence, we at Premier Fire Alarms And Integration Systems Installation Division Inc. have taken it upon ourselves to ensure that our customers have fire alarm systems that are up and running.
Regardless of the nature of your business, having a fire alarm system in place is a necessity. It is equally vital to make sure that your fire system is working efficiently, and for this reason, specific inspection tests have to be carried out. We will discuss the details of these inspections below and how frequently they should be carried out to enhance your knowledge on the subject.
The frequency of your Fire Alarm System Inspections
Living in Dade County, you need to ensure that frequent tests are carried out on your fire alarm system. The regularity of these inspections is discussed in detail below. When we talk about fire alarm inspection, one thing to remember is that the frequency of these routine checkups depends on the type of fire alarm system you have installed and its usage. The system’s location also plays a role in determining how often you should carry out these tests.
The purpose behind a fire alarm is to detect any smoke or possible fire hazards and alert everyone to evacuate the building safely, and tackle the problem accordingly. The inability of a fire alarm system to not work efficiently could compromise the safety of the people present in the vicinity of the system. Therefore, you must take this seriously and ensure that your fire alarm system is not prone to making any errors.
Carrying out the Fire Alarm Inspection
Depending on your satisfaction and your system’s needs, fire alarm inspections can be carried out annually, semi-annually, or even on a quarter-year basis. In addition to this, you can also keep a check on your fire systems by doing some in-house tests. The more frequently you test your system, the more likely you are to detect a problem and resolve it on a timely basis.
When you carry out tests on your fire alarm system, there are many problems that you can detect. If you are inspecting by yourself without involving a professional, here are some areas you can focus on. Your in-home tests can help you see damaged or melted fuses, equipment that has been interfaced, problems in lamps or LEDs in your system, primary power supply, and trouble signals emitted by the control unit. On a broader scale, you can even detect problems with the battery, DACR, and CO2 detectors in your system.
Depending on how intensive and detailed your inspection is, you can detect a multitude of problems that can impact the overall operational efficiency of your system.
Contact Us
If you are looking for a company to conduct fire alarm inspections in Dade County, we are the ideal choice! With a highly professional team equipped with a high skill set, we have been able to carry out fire system maintenance and inspection with utmost care and proficiency over the past. Not only will the tests allow us to detect flaws in your system time, but we will also help in keeping your system maintained and resolve any detected issues. Your safety is our number one priority, and we understand how important fire safety is.
Comments: Comments Off on Proposals from Vendors for the yearly budgets, here are some of the things to consider
As Board Members are asking for Proposals from Vendors for the yearly budgets, here are some of the things to consider.
BY ROYALE MANAGEMENT
Budgets take time for any Condo and HOA Community, each year many of the services paid for by these associations come under review at budget season. While its nice to think about cost savings we feel it is much more important to look at workmanship, licensing, scope of work and then Costs. SFPMA and our Members are here for every community, on our Directory finding everything from Services to the businesses that keep your operations up and running to the Legal Experts safely protecting Condo and HOA’s from disputes and Litigation.
HERE IS A LIST OF THINGS NO VENDOR CONTRACT SHOULD CONTAIN:
1) An automatic renewal clause. While it’s ok for an agreement to continue on a month to month basis it’s wrong to saddle future board with an obligation to track and cancel an agreement on a certain date or between certain dates to keep it from automatically being extended for an additional term.
2) A right of first refusal. This allows an existing vendor to match the price and terms of any new vendor proposal and thereby force the association to keep them. Most often an association gets proposals from new contractors because they are unhappy with more than the price and terms and giving a vendor a right to stay because they agree to match price and terms, does not solve the problem and can only lead to litigation.
3) Contracts with unnecessarily long terms. While a vendor that has upfront cost for things like equipment like a laundry vendor bringing in new equipment who needs to recover the equipment cost agreement terms should be kept as short as possible. Five years might be ok for the laundry contract but would not be for a landscaping contract in this case a one year term would long enough.
4) Cancellation only for “cause” clause. Proving cause only makes the lawyers richer and can be hard to do. The best solution is to build in a “cause free” ability to cancel with a 30-day notice.
Royale Management Services, Inc
Phone: (954) 563-1269
Full-service, CAM (Community Association Management) licensed, residential property management company, specializing in management, consulting and accounting for Condominium Associations and Home Owners Associations.
“The expansion into Community Association and Home Owner’s Association management was a natural move after a number of our clients serving on condo boards asked for our help with their associations accounting, budgeting and management, due to increasing operating cost and sloppy accounting records maintained by their current bookkeepers and managers.”
Comments: Comments Off on Commercial Fitness Products (CFP) is a local total solutions partner for fitness equipment with offices throughout Florida.
Commercial Fitness Products (CFP) is a local total solutions partner for fitness equipment with offices throughout Florida.
Commercial Fitness Products (CFP) is a local total solutions partner with offices throughout Florida. Although our name has products, CFP offers more than products. For over 30 years CFP has provided sales and after sale service. Our consultants guide our clients from conception to realization of their fitness amenity. Through room layout (2D and 3D), budgeting, logistics, and installation. Unlike most companies, our work does not stop there, CFP sales and service department are available to assist clients with maintenance service and consulting for future fitness equipment needs.
Below is a list of what CFP provide:
Equipment from the industry’s best brands
Complimentary Design Services – equipment selection, space utilization, traffic flow, ADA requirements, safety & functionality
Factory trained professional Service Techs
Preventative Maintenance Plans
Professional Delivery & Assembly Services
Logistics Department to coordinate Transportation
Trade-In & Trade-Up Allowances
Wide selection of Accessories & Maintenance Supplies
Rubber Flooring
Equipment Orientation
When you choose CFP, you choose quality products and local service.
Commercial Fitness Products
Our sales and service department are available to assist clients with maintenance service and consulting for future fitness equipment needs.
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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.
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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.