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

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

‘Tis the season to be jolly, but safety should always come first! Here are some Christmas tree fire safety tips to keep your holiday celebrations worry-free:

‘Tis the season to be jolly, but safety should always come first! Here are some Christmas tree fire safety tips to keep your holiday celebrations worry-free:

  • Posted: Dec 18, 2025
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‘Tis the season to be jolly, but safety should always come first! 🚒 Here are some Christmas tree fire safety tips to keep your holiday celebrations worry-free:

 
💦 Keep it Hydrated: Water your tree daily to prevent it from drying out and becoming a fire hazard.
 
🕯️Placement Matters: Position your tree away from heat or open-flame sources, like candles, heaters and fireplaces. We know, there are not many fireplaces in South Florida, but just in case 😉.
 
💡Lights Check: Inspect your holiday lights for any frayed wires or damaged bulbs before decorating.
 
🔌Unplug at Night: Remember to turn off tree lights before heading to bed or leaving home.
 
🎄Quality Ornaments: Use non-flammable or flame-resistant decorations to minimize risks.
 
🧯Fire Extinguisher Ready: Have a fire extinguisher nearby, just in case.
 
We hope you follow these tips for a safe holiday season! While we are hopeful that you won’t experience any fire damage, remember that we are here for you, and we can manage ANY damage! 1-877-224-2532.
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Holiday season is here! As Floridians, we are no strangers to stressful traffic conditions.

Holiday season is here! As Floridians, we are no strangers to stressful traffic conditions.

  • Posted: Dec 18, 2025
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Holiday season is here! As Floridians, we are no strangers to stressful traffic conditions. Those everyday conditions combined with holiday shopping and increased tourism can unfortunately lead to an uptick in auto accidents. Here is some helpful information in case you or a loved one is involved in an auto accident this season. As always, if you need us, give us a call at 407-478-4878

Important Legal Tips To Protect You After An Accident

By Brett Sahm, Esq.

What do you think the number one tactic is that an at-fault driver’s insurance company will use against you?

ANSWER: If you are injured in the accident, the other driver’s insurance company will try to make the case that you were injured before the accident.

Even if you were feeling completely fine before the accident, the insurance company will attempt to blame some portion of your injuries, pain, suffering, and medical bills on something that happened in your past.

You might be saying to yourself:

“If I didn’t feel pain, or seek medical treatment, for several months or years before this car accident, why would they claim that my injury wasn’t solely related to the car accident?”

The answer resides in Florida standard jury instruction 501.5, entitled “other contributing causes of damages.” Under 501.5, a judge instructs Florida jurors to determine which percentage of a plaintiff’s injury was due to a pre-existing condition, and which percentage of the injury was due to THIS accident (the exacerbation of a pre-existing condition and/or a brand new injury).

If an insurance company can point to anything which may have contributed to your current injury – such as, a prior car accident (even a fender bender), a prior sports injury, a prior fall of bike accident, lifting heavy weights, working a tough job with manual labor, a prior surgery – the insurance company will do everything they can to shift blame to those prior occurrences.

Why?

Because their goal is to persuade the jury to attribute a smaller percentage of the blame to this accident. If the jury only assigns 50% of the blame for the injury to this accident, the insurance company saves thousands of dollars and you lose thousands of dollars.

So, knowing that this is ALWAYS the insurance company’s main strategy, what can you do to help yourself after an accident?

Here are my main tips.

1. Watch what you tell your doctor and watch what you put on your medical intake forms.

Everything you tell your doctor is subsequently put into your medical records. Medical records can make or break a case. If you talk about prior injuries, prior pain, strenuous work, lifting heavy weights, that all goes into the medical records.

If it goes into the medical records, the insurance company will see it, and they will use it as a sword against you. Do not give them ammunition to use against you!

2. In certain instances, you will not be able to keep prior medical conditions out of the medical records.

For example, if you had prior lumbar/lower back surgery, you will need to tell that to your chiropractor or orthopedic. Also, the fact that you had surgery is obvious from the MRIs. However, be sure to tell your doctor how long you were pain free prior to this accident.

How long was life sailing along smoothly before this accident? Tell that to your doctor. Also, and this is extremely important, get the actual films from your previous MRIs and make sure to give them to your attorney. If your prior lumbar MRI shows two bulging discs and one herniated disc, and your new MRI shows five herniated discs, then you have clear evidence of exacerbation of the previous injury and also a brand new injury.

Therefore, the most important thing is to have all your MRI films so that a radiologist or orthopedic can compare what was going on before with what is going on now. If something new is going on now, then the insurance company can’t blame it on some past event(s).

3. Photographs matter!

Although someone can get seriously injured from a minor impact, perception matters to a jury. If you have a small dent in your bumper, no matter how hurt you may be, do you really think that your average juror will believe that your injuries are solely from this accident? Probably not.

So what can you do about it?

Well, first off, if there was major damage to the vehicles from this accident, make sure to get a lot of photographs of both vehicles (and your body if there is bruising, cuts, etc.). The more damage in this accident, the easier for a jury to believe that this was the accident that caused all your injuries.

Second, if you have been in prior accidents, and they were fender benders or minor, give your attorney photos of the damage from those accidents. As I said about comparing the MRI films to show an exacerbated or new injury, we can show pictures of both accidents for the proposition that this accident was markedly worse than the last one.

4. Do not offer up information to any insurance company.

Sometimes, the at-fault driver’s insurance company will want you to give a recorded statement after the accident, or they want you to sign a medical record release.

First off, get an attorney. Once you are represented, everything has to go through your attorney, and your attorney will be keen to the game the insurance company is playing. You might say to yourself: well, it’s clear that the other person is at-fault, maybe I can save money by just working with the insurance company myself instead of retaining an attorney.

The problem is: you don’t know the game, and they are masters of the game. Chances are, they will find something out about your past medical history, or they will be sneaky and find out that you played high school football, and then they won’t offer you money for your claim because they’ll say your injuries arose from your prior accidents or activities.

Don’t do this. Don’t do recorded statements. Don’t offer them any information without seeking counsel.

5. Gather all of your prior medical records

Be sure to include routine primary care physician records for the last 10 years and provide these to your attorney. Chances are that the latest records before the accident will show reduced, diminished, or non-existent pain levels.

Perhaps the visit was for something completely unrelated, and you had no pain. This is good. It shows that this accident caused the pain, and you weren’t seeing a doctor for this pain for an extended time prior to THIS accident.

Prior medical history can actually be used by your attorney to help your case.

6. Think about what you could do before THIS accident versus WHAT you could do after the accident.

Was life limited in some way? How?

Here’s an example: could you work at a certain occupation before the accident that you can’t work at now because of extended standing or sitting?

I had a client get in a serious accident after having just received a job offer which would have been a substantial increase in pay. She had to decline the job because she was not able to physically perform it. But she could have performed it before the accident. Proof of things like this can help with the current injury versus pre-existing injury argument.

7. How you present yourself matters, whether it’s online or at a deposition.

Ultimately, a jury will decide your case. Either that, or the insurance company will make an offer to settle before trial. You often are the most important factor in your case!

Are you believable? Are you likeable? Do you come across as genuine and honest? Do you dress professionally? Are you making an attempt at growth in your life? All of these things matter.

That’s why your deposition is so important. It is your opportunity to relay the truth to opposing counsel. While a prior injury will be targeted by opposing counsel in his/her questioning, you can make it clear that you were pain free before and you are impaired now. You can state all of the things you could do before the accident that you can’t do now. You can tell opposing counsel all of your friends and family who will testify regarding your condition before and after the accident.

 

But the most important thing is whether the opposing counsel thinks a jury will believe you. Do you come across as someone who is genuine and likeable? Or, do you come across as someone who is exaggerating her symptoms? My biggest pre-suit settlements are those where opposing counsel has taken the deposition of my client, and my client comes across as educated, hard-working, disciplined, and eloquent.

People have sympathy for those who are truly trying to improve their situation (routinely going to doctors, independently seeking knowledge of how to help themselves), but simply cannot because of the injury. Your attorney will help you prepare for the deposition.

There’s one important point that your attorney will likely tell you: if you can’t truly remember seeking prior medical treatment for any prior injuries, don’t simply offer up what you think.

Along the same lines, if you can’t specifically remember doing anything strenuous which could cause injuries, don’t simply say you “think” you did something. Remember, the opposing attorney is trying to discover a prior medical history of similar injuries, or a prior history of things you did that could have contributed to an injury (even if you didn’t specifically seek out treatment).

Do not offer up information unless you are certain about the information. Everything, and I mean everything, from your past will be used against you in an attempt to get reduced damages from a jury. So, be careful what you offer up freely.

 

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Finding top Companies is important for Property Managers Condo & HOA Boards.

Finding top Companies is important for Property Managers Condo & HOA Boards.

  • Posted: Nov 26, 2025
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It starts with: Membership and being listed on the Florida Directory.

Property Managers, Condo & HOA Board Members use our members for repairs in the buildings and communities they manage, for them this equates to happier residents, fewer high-priced emergency repair bills and cost savings overall. Through your membership we help with forming relationships in our industry that lead to increased business for your company and lasting relationships for you.

Board Members that represent Condos and HOA’s all over Florida. Property Management Companies, Property Owners and Private Landlords that wish to stay informed and up to date with our industry.

For these people having a reliable source is important to them and with our goal of “Having a Trusted Member to care for their Properties either through Management, Business Related Services or Maintenance Services” is what they get!

 

When you are listed on the Florida Directory, Clients can find you as one of the Top Companies used in our industry. Your company will benefit from being listed.

“Start forming lasting relationships in the Property Management Industry”

 

Sign up On-Line Today: Select Categories and the counties you work in?  – Fill out the information Form send to us,  – Become a member!

You should take advantage of professional associations it allows you to meet like minded professionals and opens up opportunities for future business ventures and lifelong partnerships. 
 
1. You are listed on the Website Members Directory.
2. Write Articles (our Blog) we send to the Industry Professionals, Let them get to know what you do!
3. Take out Advertising in the Magazine and Write Articles ( Half Page and Full Page Ads)
4. Get Listed this year: Business, Service or Property Management Memberships
(the memberships are set at recurring auto billed only one time per year)
 

Once you fill out the Company Information Form and Make the online Membership fee payment we will upload the information and assign it to a page for your company. Any Form sent without payment will not be uploaded to our Directory, Thank You

 

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Property Managers

Listing your Company on the Directory is important
We give clients the information to make an informed decision about which property management company to use. Addressing the questions for owners and board members helps them to understand what a manager does and how important it is to take the time to find the right company for there properties.

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Business

Using the right company the first time solves your problem faster
Many clients are using the Listed Companies to find accounting, architecture, collections, insurance and building claims, public relations, telecommunications, tower management, and web design to name a few. When they use our Florida Directory combined with their company’s in-house dept’s they get companies that have passed our screening and industry standards.

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Service Vendors

When they are looking for the highly trained companies who are licensed, bonded and insured that is what they get!
Many property managers use the companies on the Florida Directory for faster quality repairs in the buildings and communities they manage, this equates to happier residents, fewer high-priced emergency repair bills and cost savings overall.

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Don’t let a natural disaster catch your community off guard! Take charge and be prepared!

Don’t let a natural disaster catch your community off guard! Take charge and be prepared!

The coastal Northeast is experiencing a concerning trend of heating at a faster rate compared to other regions in North America. Researchers have identified a strong correlation between the accelerated warming and the rapidly increasing temperatures in the North Atlantic Ocean and increasing storm intensity. Natural disasters such as hurricanes, tornadoes and coastal flooding can strike at any moment, leaving communities devastated and in need of immediate assistance. It is crucial for communities to be prepared in order to minimize the impact of these disasters and ensure the safety of their residents.

Preparing your community for a natural disaster is crucial to minimize damage, save lives, and facilitate a swift recovery. Here are a few steps to assist with your preparation:

Assessment and Planning:

  • Identify the types of natural disasters that are common in your area, such as earthquakes, hurricanes, floods, wildfires, or tornadoes.
  • Conduct a thorough risk assessment to understand the potential impact of these disasters on infrastructure, buildings, and residents.
  • Collaborate with professionals to create a comprehensive disaster preparedness plan.
  • Make sure that the community has backed up records of their site plans, architectural and structural drawings, as this can greatly assist in the post disaster assessment and recovery process.

Initial building evaluation performed based on the severity of the storm/event:

  • The degree of safety & habitability of the subject building is not always obvious. If there is any doubt or question that there may be structural or building envelope damage to a building, call you Professional Engineer or Architect and have an evaluation performed.
  • In some instances, you may be required by your local municipality to have your professional assist with stabilizing the structure before parties can enter the structure to collect personal belonging that may remain.

Communication and Engagement:

  • Establish a reliable communication system to disseminate information before, during, and after a disaster. This can include email, social media, or text alerts.
  • Designate community leaders or volunteers responsible for communicating updates and instructions.

Contact Insurance:

  • It can take a while to get adjusters to scene following an event. Be sure to take before, during and after photos of any damage that occurred.

Post-Disaster Recovery:

  • Establish a recovery plan that includes damage assessment, debris removal, and restoration of essential services.
  • Plans and specifications may be required to repair or reconstruct the building, depending on severity.
  • Code requirements can impact the work based on if it is classified as repair vs reconstruction. This needs to be carefully reviewed and considered as insurance carriers may try to exclude some of the necessary work, so the Architect or Engineer needs to be well versed on preparing plans for this type of work.

Remember, disaster preparedness is an ongoing effort. Regularly review and update your plans based on new information, changing community demographics, and emerging technologies. By taking proactive steps, you can help your community minimize the impact of natural disasters and ensure a more resilient future.

Contact our team for more information how to be proactive! 

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The Falcon Group
Miami
15405 NW 7th Avenue in Miami, FL 33169
ph: 305.663.1970 x509
info@falconengineering.com
 
WEST PALM BEACH, FLORIDA
5651 Corporate Way, Suite 4, West Palm Beach, Florida 33407
Phone: 561-290-0504
info@falconengineering.com
 
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Preparing for Extreme Heat: The New Natural Disaster by Donna DiMaggio Berger of Becker

Preparing for Extreme Heat: The New Natural Disaster by Donna DiMaggio Berger of Becker

  • Posted: Jul 08, 2025
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Preparing for Extreme Heat this Summer: The New Natural Disaster

by Donna DiMaggio Berger / Becker

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 popular Take 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.

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Not all Expenditures Can Be Collected from Delinquent Owners as Part of the Collection/Foreclosure Process – Why Not?

Not all Expenditures Can Be Collected from Delinquent Owners as Part of the Collection/Foreclosure Process – Why Not?

Not all Expenditures Can Be Collected from Delinquent Owners as Part of the Collection/Foreclosure Process – Why Not?

It is clear that Florida’s community association collection/foreclosure legislation allows associations to foreclose an owner’s home for nonpayment of assessments. However, not all of the monies expended by an association fit into the definition of an assessment. For example, let’s say that an association has a right to correct a deficiency on an owner’s lot, but the declaration of covenants at issue does not support converting the money spent into an assessment. In that event, the monies expended by the association would have to be recovered as part of a breach of contract action rather than as part of an assessment/foreclosure action. Sometimes, however, the declaration will provide that the monies expended can be treated as an assessment. If that is the case, then before those expenditures can be included as a part of the collection/foreclosure process, the board would need to convert the expenditure into an assessment against the noncomplying owner. (As to how that is done, you can discuss it with your community association’s attorney.) Florida’s collection/foreclosure legislation also provides for recovery of certain costs incidental to the collection/foreclosure process, but recovery of such cost must be rooted in a statute or by contract (i.e., the declaration of covenants).

Let’s look at the fee charged by a management company for sending the notice of late assessment letter, often referred as a NOLA letter, as required by Florida Statute, and determine whether it is a recoverable cost in an association’s collection/foreclosure action and whether including the NOLA fee as a part of the association’s collection/foreclosure proceedings violates the Federal Fair Debt Collection Practices Act (the Act).

The Act was passed into law because of abundant evidence of the use of abusive, deceptive, and unfair debt collection practices. It does not matter whether a debt collector used their best efforts to comply with the Act. Only strict compliance matters when it comes to the enforceability of the Act against a debt collector. Clearly, the association is not considered a “debt collector” pursuant to the Act and, for the most part, neither are management companies, with this caveat: the pendulum may swing in the future to the notion that management companies are, in fact, debt collectors. It seems that at least for the time being they are shielded from the Act. However, what is patently clear is that an attorney who provides collection/foreclosure services to assist their association clients with delinquent assessments is certainly considered a “debt collector.” Therefore, the attorney must be vigilant when reviewing the delinquent owner’s account ledger to ensure that the items set out in the ledger can lawfully be included in the association’s collection/foreclosure action. A recent case reminds us of this fact.

On February 4, 2025, in Glover v. Ocwen Loan Servicing, Case no. 23-12578 & 12579 (11th Cir. Fla. 2025), the 11th Circuit of the Federal Court of Appeals found that Ocwen as a debt collector violated the Fair Debt Collection Practices Act when it charged consumers an optional fee when making expedited mortgage payments because the loan servicer charged an amount that was not expressly authorized by the agreement creating the debt or permitted by law. The takeaway from this case is that a debt collector can only collect debts that are authorized by law or by contract with the debtor.

It was only several years ago that the Florida legislature enacted into law the requirement that an association assessment debtor must be provided the NOLA correspondence from the association providing the debtor a final opportunity to pay their delinquent assessment debt prior to turning the matter over to the association’s legal counsel to commence collection/foreclosure proceedings where fees and costs accrue against the debtor. See S. 718.121 and S. 720.3085, Fla. Stat.

Management companies are typically tasked with preparing and sending the NOLA letter on behalf of the associations they manage before turning the file over for collections to the association’s attorney. In this regard, a management company that is charging such a fee but has not amended its contract with the association to provide for charging the fee for the notice of late assessment would be wise to consider amending its contract with the association they represent to provide for this charge. Doing so would ensure that the management company, even though it may not be considered a “debt collector,” would have a solid basis for charging the fee because it would be based on a contractual obligation charged to the association. This is important because the NOLA, as mandated by Florida Statutes, does not at all provide for the recovery of a fee in regard to sending such a letter. So, while management companies may not be considered a “debt collector” today, this could change in any new case at any time. Why take the chance?

Now, let’s analyze whether the attorney who is collecting the past due assessment debts for the association can include the management company’s NOLA fee paid by the association to the management company in the collection/foreclosure action against a delinquent owner. Keep in mind, as we go through the analysis, that the “debt collector” (in this case, the attorney) can only collect debts authorized by contract or by law, and also remember that the relevant laws governing the NOLA letter do not provide for a specific cost recovery for the management company sending of the notice of late assessment letter. Thus, at a minimum, there should at least be a contractual obligation that the association pay the management company for sending the NOLA letter. But that may not always be the case even though it is the better practice.

Part and parcel with the collection/foreclosure process is the recording of an association assessment lien. To be valid, such a claim of lien must state the description of the parcel, the name of the record owner, the name and address of the association, the assessment amount due, and the due date. The claim of lien secures all unpaid assessments that are due and that may accrue subsequent to the recording of the claim of lien and before entry of a certificate of title, as well as interest, late charges, and reasonable costs and attorneys’ fees incurred by the association incident to the collection process.

So, while the relevant statutes do not provide for the association to be able to recover a fee for the sending of the NOLA letter, it certainly should be considered a “reasonable cost incurred by the association incident to the collection process,” most especially when the fee charged for sending the NOLA letter is a contractual obligation between the association and the management company.

There even exists an argument that, even if the management contract between the association and the management company does not provide that the association is responsible to pay the management company for the preparation and sending of the notice of late assessment, it is still considered a “reasonable cost”; but when you plug in the holding of the aforementioned case, the collection of the cost associated with the NOLA letter by the debt collector (i.e., the attorney representing the association), the better practice is to ensure that the contract between the management company and the association contains a provision that the association is responsible to pay the management company a reasonable fee for each such notice of late assessment letter sent.

Perhaps now you have a better understanding of why, at times, the association’s collection/foreclosure attorney cannot include a particular line item on the delinquent owner’s account ledger in the collection/foreclosure action. If you have any questions regarding the collection/foreclosure process, most especially which charges can and cannot be included, please be sure to discuss them with your association’s attorney.

 

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HOUSE BILL 913 – Part Two

HOUSE BILL 913 – Part Two

HOUSE BILL 913 – Part Two by Eric Glazer

As we said last week, it should come as no surprise that Representative Vicki Lopez came right out of the gate this year and filed a massive condo bill with House Bill 913. The bill covers many categories and we’ll break the bill down over the next few issues. It already has passed one House Committee and there may be no stopping it.

BOARD MEETINGS

Board of administration meetings.—in a residential condominium association of more than 10 units, the board of administration shall meet at least once each quarter. At least four times each year, the meeting agenda must include an opportunity for members to ask questions of the board, including questions relating to the status of any construction or repair projects, the status of all revenue and expenditures during the current fiscal year, and any other issues affecting the condominium..

RIGHT TO OBTAIN A LINE OF CREDIT

For an annual budget adopted on or before December 31, 2027, the members of a unit-owner-controlled association may approve, by a majority vote of the total voting interests of the association, the provision of a secured line of credit for up to 35 percent of the amount of the reserves required to meet the reserve funding schedule recommended by a structural integrity reserve study with respect to items with an estimated remaining useful life of greater than 10 years.

So if in the 2026 budget you have to reserve $200,000 for items with an estimated useful life of greater than 10 years —- the association can take out a $70,000.00 line of credit.

POOLING RESERVES

An association’s structural integrity reserves may be pooled for two or more required components. But may only be pooled with other components in the structural integrity reserve study. 

So what do you think?

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Out With the Old, In With the New by Published by Eric Glazer, Esq.

Out With the Old, In With the New by Published by Eric Glazer, Esq.

The Presidential Inauguration is a reminder of how smoothly leadership transitions can happen at the national level. But in our community associations, things aren’t always so predictable. Discover insights into the often chaotic turnover of power in Florida condos and HOAs—and what it means for your community.

Whether you’re happy about today’s Presidential Inauguration or not, one thing is for sure and for certain; it’s going to happen. Since 1937, it has taken place at noon on January 20, the first day of the new term, except in 1957, 1985, and 2013, when January 20 fell on a Sunday. In those years, the presidential oath of office was administered on that day privately and then again in a public ceremony the next day, on Monday, January 21.

That consistency is a lot more than we can say for our community associations. How many of you have complained that our associations have not held an annual meeting or an election in forever, or at least not in the last year? What about complaints that the Board of Directors has simply changed the dates of our annual meeting on more than one occasion and extended their term in office?

The terms of Board members expire at the annual meeting. So when are you supposed to have an annual meeting and election? The date of your annual meeting is contained within your bylaws. But suppose the Board wants to have the annual meeting on another date for any variety of reasons? Can they do so? Not according to one court which held that the annual meeting must be held on the date contained in the association’s bylaws. Not to do so would be as if an amendment was made to those bylaws without the proper vote of the unit owners.

And despite this ruling, dozens, if not hundreds or maybe even thousands of condominium and HOAs won’t hold their annual meeting and election this year on the date mandated by their own documents.

The last few years has also brought drama to the country regarding the requirements of outgoing administrations to turn over official records. Trump got charged with a crime and Biden was found to have wrongfully retained official records but wasn’t charged with a crime.

When it comes to condominiums, “An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election. The division shall impose a civil penalty as set forth in s. 718.501(1)(d)6. against an outgoing board or committee member who willfully and knowingly fails to relinquish such records and property.” Surprisingly, there is no equivalent statute for HOAs, except if that director was removed by way of recall.

So today, pomp and circumstance and tradition will rule the day and like clockwork, one administration will hand off to the incoming administration. And in our community associations, no doubt tradition is likely to continue as well. Perhaps that’s a rare example of where the government works better than we think.

Eric is Board Certified by The Florida Bar in Condominium and Planned Development Law.

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one-hour show airing at 7 p.m. each Thursday on YouTube. This show allows viewers to engage in live chats with Eric and other participants but also enables a broader audience to access free advice, making valuable insights more widely available.

See: www.condocrazeandhoas.com

Eric is the first attorney in the State of Florida that designed a course that certifies condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

 

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Proposals from Vendors for the yearly budgets, here are some of the things to consider

Proposals from Vendors for the yearly budgets, here are some of the things to consider

  • Posted: Jan 06, 2025
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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.

Search our members directory, Find a Company Ask for and  Request an RFP – Request for Proposal for your buildings Budget.

 

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.”

 

Find us on Facebook: https://www.facebook.com/RMSCondo/

Learn more on our Website:  http://royalemanagement.com/

Find us on SFPMA Members Directory

 

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