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Stay Ahead of the Curve:  Lessons in Technology Learned from Covid-19 by Jeffrey Rembaum, Esq.  Kaye Bender Rembaum

Stay Ahead of the Curve: Lessons in Technology Learned from Covid-19 by Jeffrey Rembaum, Esq. Kaye Bender Rembaum

  • Posted: Jun 04, 2020
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Stay Ahead of the Curve:  Lessons in Technology Learned from Covid-19

by Jeffrey Rembaum, Esq.   Kaye Bender Rembaum

 

The statutory emergency powers granted to community associations as a result of the Covid-19 State of Emergency proved to be a valuable resource for the orderly operations of Florida’s community associations. Many associations had to make significant changes to how they conducted the business of their association. For example, holding board meetings via “Zoom” and “GotoWebinar” became invaluable. But, when the State of Emergency is over can annual meetings and board meetings continue to take place on the internet? Sure they can, subject to the important considerations explained below. In addition, what other technologies can be utilized by the board?

 

 In fact, at the present time there are three statutory grants of technology that an association can utilize to make conducting the business of the association easier on a regular basis. They include, holding meetings electronically, voting electronically, and using email as an official means of communication to the members rather than the U.S. Postal Service. Electronic board meetings allow the board to continue conducting the business of the association without putting themselves or others in harm’s way. But even more than that, by attending electronically think of all of the gas that is saved since no one has to drive to the meeting. More than that, think of the extra time spent not driving or walking to the meeting and how it could be used as family quality time or just to relax.

 

However, if the board chooses to use video conferencing, it is important to remember that the board must comply with the statutory provisions regarding board meetings. The members must receive notice of the meeting pursuant to the bylaws of the association, and in any event, at least 48 hours in advance of the meeting. Additionally, condominium association members must have the right to speak to all designated agenda items and HOA members also get the additional right to speak on any item discussed by the board (this is because from a strict statutory interpretation condominium association boards are only supposed to address what is set out on the agenda, while such restriction does not apply to HOA boards). Remember, there is no exception to the meeting notice requirements and the need to provide opportunity for member comment. Therefore, any video conferencing software the board utilizes must allow members to virtually attend the meeting and have the opportunity to speak.

 

The second technology that associations can utilize to make life easier is electronic voting. Florida law allows condominiums, homeowners associations, and cooperatives to conduct elections and other owner votes electronically. When an association board adopts electronic voting, each member of the association must opt in, in writing, and can then vote safely from the comfort of their own home. Imagine all of the time saved by punching a computer button to get the tally, rather than counting by hand, in some instances over 1,000 votes!

 

To adopt electronic voting, the Board must first adopt a resolution authorizing an online voting system. The board resolution must provide that members will receive notice of the opportunity to vote online and must establish reasonable procedures and deadlines for members to consent, in writing, to online voting, and procedures for members to opt out of online voting. Once the board has approved electronic voting, the board must select an online voting system that complies with the requirements of Florida law. The online voting system must be able to do the following: (1) authenticate the owner’s identity, (2) authenticate the validity of each electronic vote to ensure that the vote is not changed during transmission, (3) transmit a receipt to each owner who casts an electronic vote, (4) be able to separate any authentication or identifying information from the ballot when voting must be done by secret ballot, and (5) be able to store and keep electronic votes accessible for recount, inspection, and review purposes.

 

Please take note that the board cannot force owners to vote electronically. Thus, a necessary step is to obtain each member’s written consent to participate in electronic voting. If an owner does not consent or opts out of electronic voting, then the board must allow that owner to paper vote.

 

The third technology an association can utilize which saves money, paper and time, is using electronic notices for official association communications. In other words, give up postage stamps in favor of using e-mail. Generally, associations are required to send official notices via mail or hand delivery. However, the association may choose to send notice via e-mail but only if an owner has provided their written consent to receive their notices electronically.

 

E-mails used for official association communications can only be sent to those owners who consent, in writing, to receive their official notices by electronic transmission. The written consent must specifically authorize the association to transmit notice electronically. An owner who has consented to electronic notice may opt out at any time. The association must retain a roster of the e-mail addresses and the written consents of owners as an official record of the association. The member is responsible to ensure the association’s emails are not blocked or categorized as spam. Failure to receive an email due to a member’s inability to receive the email will not be a valid reason for objecting. Budget adoption notices, annual meeting notices, election notices, board meeting notices and so much more can be provided via email.

 

  Over the last several months, many associations have had to learn how to utilize technology to conduct the business of their association during the Covid-19 pandemic. Some have done so correctly and likely others have not. Thus, in utilizing any of the technology discussed in this article, an important step is to consult with your association’s attorney to ensure proper compliance with all the statutory requirements. Let us also turn a negative into a positive by continuing to use technology to assist the association with smooth operation. Who knows, perhaps one day, there will be a way for members to virtually enjoy the amenities, too. Until then, you’ll find me at the pool deck.

 

 

Jeffrey Rembaum’s, Esq.

legal practice consists of representation of condominium, homeowners, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of “Rembaum’s Association Roundup,” an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list, and was also named Legal Elite by Florida Trends Magazine.

He can be reached at 561-241-4462.

 

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Most people do not give much thought to their pipes – until they stop working by Ronnie Giles of PRS

Most people do not give much thought to their pipes – until they stop working by Ronnie Giles of PRS

  • Posted: Jun 04, 2020
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Ronnie Giles 561-602-8660

Sr. Account Manager Florida East Coast

CAI Business Partner Certified

#CGC 1517755 / #CFC 1429221

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Is This A Better Way to Conduct Board Meetings? | Axela Technologies

Is This A Better Way to Conduct Board Meetings? | Axela Technologies

  • Posted: Jun 04, 2020
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Is This A Better Way to Conduct Board Meetings? | Axela Technologies

This Pandemic has been a horrific human tragedy, and by no means can there ever be a silver lining. At best, we’ve learned some lessons, and new ways of doing business have been established as viable.

One of these things that we have learned is how we can improve community association board of director meetings.

 

Some Lessons Learned from the Pandemic

Companies have learned that remote working does not degrade productivity and perhaps even improves it. I would expect that in the future that “hot bunking” work stations in offices will allow companies to hire more people without having to expand to a larger space.

From a community association perspective, the greatest thing that has been discovered is the unbelievable success of video conference meetings.

 

Problems With Traditional Board Meetings

I have been to my share of community association meetings and usually, there are two problems:

  1. The membership usually fails to understand that a board meeting is NOT their meeting. Membership meetings are one thing but board meetings are another.

    The membership is positioned as observers who may articulate their issues in an open forum at the beginning or end of the meetings.  Board meetings may allow for an open forum but seldom do members sit and wait their turn.  Instead, it is often the case that they interrupt their elected directors from conducting meetings. This takes people off subject and often leads to confrontations.

  2. Many meetings are scheduled at inconvenient times so that members cannot attend, and that is a very bad practice. Sometimes these meetings are scheduled by design to minimize attendance, and sometimes they are held during work hours when people simply cannot attend.

 

Digital Board Meetings Are Just Better

Video conference meetings allow all members of the association an opportunity to see their community association board of directors as work.

It has been quite an eye-opener. More than that, it has been a brilliant experience for me to see how an unruly gathering can be changed into an orderly business meeting.

If I had my choice this would be the only way to perform board meetings going forward.

One Potential Drawback

The only drawback is that there are people who don’t have the technical skill or equipment to be able to participate in such a meeting.

My dear 92-year-old mother would love to have a computer but I won’t get her one until she figures out the remote control. I’ve done everything I can to help her learn, but mastery eludes her.

Getting people with limited technology experience to be able to attend will be the challenge if meetings go completely digital.

I invite suggestions.

 

Digital Meetings Are Better for Everyone

Regarding the first problem of unruly and disruptive meetings, a video conference has the best feature and it’s called a mute button. (My wife has been trying to get one for my big mouth for years, but I digress.)

In the past three months and countless meetings, I have never experienced such orderly, productive meetings, and considering these difficult times it has been a Godsend.

  • The board gets to conduct their meetings without being interrupted by members who come with personal agendas and the agenda is adhered to.
  • The members can be heard loud and clear during the open forum portion of the meeting, so they are not ignored or interrupted.
  • The administrator can record the meeting for prosperity, and minutes can then be properly composed.

It’s a perfect way to conduct board meetings and produce very effective results. This Pandemic has been tragic, but this is one small lesson or process that we can now say was an unintended benefit of a very unfortunate situation.

 

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WEBINAR: Association Operations During COVID-19 – A Castle Group and Kaye Bender Rembaum, P.L. Webinar

WEBINAR: Association Operations During COVID-19 – A Castle Group and Kaye Bender Rembaum, P.L. Webinar

  • Posted: Jun 02, 2020
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Association Operations During COVID-19 – A Castle Group and Kaye Bender Rembaum, P.L. Webinar

Date/Time
Date(s) – JUNE 4th, 2020
12:00 pm – 1:00 pm

Location
Pompano Beach Office

REGISTER HERE

Castle Group invites you to join episode 4 of Association Operations During COVID-19 with a focus on opening community amenities and morePanelists include Craig Vaughan, Castle Group, President and Michael S. Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, P.L. – Board Certified Attorneys in Condominium and Planned Development Law.

Castle Group invites you to join episode 4 of Association Operations During COVID-19 with a focus on opening community amenities and more. Panelists include Craig Vaughan, Castle Group, President, and Michael S. Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, P.L. – Board Certified Attorneys in Condominium and Planned Development Law.

Register to attend by https://castlegroup.zoom.us/webinar/register/WN_lInnKQ_6QtS3C3qouWz9XA.

 

 

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PPP Loan Forgiveness and EIDL Loans by RMS Accounting & Royale Management Services

PPP Loan Forgiveness and EIDL Loans by RMS Accounting & Royale Management Services

  • Posted: Jun 02, 2020
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PPP Loan Forgiveness and EIDL Loans

by RMS Accounting & Royale Management Services

 

JUNE 3rd, 2020 @9am

Good news, if you missed our recent webinar on PPP Loan Forgiveness and EIDL Loans you’re in luck! The demand for this webinar was so great that we’ve decided to have a second for those who were unable to attend.

Small business owners you don’t want to miss out on this valuable information that could have a big impact on your business.

Sign up for the PPP Loan Forgiveness and EIDL Loans Webinar using the link below:

https://zoom.us/webinar/register/8315904320497/WN_YyMrvspoTkK6tejPRYsENQ

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WE ARE CONTINUING  TO CERTIFY HUNDREDS OF YOU! by Eric Glazer

WE ARE CONTINUING TO CERTIFY HUNDREDS OF YOU! by Eric Glazer

  • Posted: Jun 01, 2020
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WE ARE CONTINUING TO CERTIFY HUNDREDS OF YOU!

Just because we’re stuck in our homes doesn’t mean we can’t get together —- and learn together — remotely – in a safe and fun way.  NO EXCUSES.
Florida law allows the Board Certification class to be taught via a video conference and that’s exactly what we’re doing.
Turn off the news for a few hours and let’s try to have some fun instead. 
 

We have ANOTHER class scheduled:

NEXT CLASS – JUNE 11th, at 6:00 P.M.

If you want to sign up, just provide us with an an e-mail address.  I will then send you a link that you need to click on to start the live seminar.  Make sure to go to: GoTo Meeting
in advance to simply download the program.
Like always……IT’S FREE.
So let’s do this together!

If you want to register, send an e-mail to:

lydia@condo-laws.com

 

Just say you are registering for the class. You will then get a copy of the link to click on before the seminar starts.
After the on-line seminar, you will be e-mailed your certificate and materials.
Let’s make the best of the cards we were dealt.  Let’s get together and do something fun and useful.
In the mean time, our firm and all of the sponsors of the Condo Craze and HOAs radio show wish all of you and your families nothing but good health and good spirits.  We will all get through this in time.
Hoping to see you (on my computer).
Sincerely,
Eric Glazer
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The Property Manager’s Guide to Social Distancing

The Property Manager’s Guide to Social Distancing

  • Posted: Jun 01, 2020
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The Property Manager’s Guide to Social Distancing

by Concierge Plus Inc.

The COVID-19 crisis has presented new and unique challenges for everyone. As with past disruptions, technology will be a key part of the solution for businesses to survive this crisis and thrive in a “new normal” environment. By talking to property managers across North America every
day, we have found what’s working and what’s needed to operate your community remotely and virtually.))
This is the)only)guide published for property/association managers and board members with best practices, tips and tricks on social distancing
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Gyms in your Building:  Will owners use it?

Gyms in your Building: Will owners use it?

Gyms in your Building: Clean the Equipment in your Fitness Centers!
Will owners use it? Funding it with condo funds? What you will need with Development? Expert advice? upkeep and questions?

 

We spoke with Commercial Fitness Products, and its

Owner Richard Wasserlauf
5034 Hiatus Road
Sunrise, Florida 33351

 

I can think of a building we worked on a short time ago bringing a new designed fitness facility in their condo.

The committee figured they’d be able to pay that money back to the reserve in five years, assuming 25 percent of the building’s residents would join. (“It was guesswork,” says Richard.) They charged a one-time sign-up fee of $300 and $250 per year for the first person in a unit and $150 for each additional unit resident.

“They paid it back in less than two years,” says Richard. Sixty-five of the building’s 100 units belong to the gym—84 residents altogether. The early success enabled the committee to cut the yearly fee in half, to $125. “They still covered operating costs,” says Richard, “and allocate about $3,000 a year for equipment replacement—which hasn’t been necessary yet—and continue to contribute $2,000 to $3,000 a year to the reserve fund.”

The Building, a 27-story, 156-unit cooperative in Manhattan is a success story. working with developers and board members, helped get the gym project done, converting a 500-square-foot room in the basement into a gym with a budget of a mere $30,000 taken from the reserve fund. Residents pay $225 per year for membership.

“The gym has about 100 members today,” says Richard. “We’re well ahead of the game. The membership dues more than replenishes the reserve that we took out for it, and pays for the upkeep.” he adds that, “The building has a healthy turnover of apartments and 90 percent of new buyers join the gym.”

 

Building the Gym

Buying workout equipment is the easiest part of the build-out. “A lot of people think they are going to take the bike room, put equipment in it, paint the walls, and call it a day,” observes Richard Wasserlauf, Owner of Commercial Fitness Products, a leading gym equipment retailer. “In Sunrise Florida, that is not going to cut it.”

The first thing you need to need to consider, advises Richard, “is what construction and code obstacles you might need to overcome to pull the project off.” Potential problems include open asbestos, lead paint on the walls, mold or fungus problems, and particularly in basement spaces, pipes that sweat in the summer. Basement spaces also have the issue of exposed pipes, conduits and drain lines. As older buildings replace systems, they often leave old piping, electrical conduits and phone lines in place. Each should be tested and removed if inactive.

HVAC is perhaps the most important system in the facility. To meet city code, the gym space must have 15 percent fresh air flowing into the space. If the proposed space for the gym is not already equipped with central air conditioning, ducting will need to be installed if the room does not have a window. If there is a window, you need to install a unit with adequate power.

“You’re looking to maintain 68° year round—that often means running a cooling system practically year round,” says Richard, both for safety and comfort—to keep members coming back to the club. If there is any sort of landing or ledge outside the window on which to set a compressor, Heidings recommends a split system, available for around $2,000.

Another important code issue with which the gym room must conform is egress—providing a clear and unencumbered path out of the room if there is an emergency such as a fire or loss of power.

 

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Bring in a Pro

To get a clear and objective evaluation of the condition of the room, and to get an idea of the construction costs entailed, it’s best to consult an architect right up front, says Richard. “If you find that your construction costs are very high, you may just say this is just something we cannot afford right now—or ever,” unless or until there is a more suitable space available in the building.

Some of the major design challenges is inclusion of light. Most often spaces designed for this purpose are in basements or underutilized rooms, and may not have natural light to make the space breathable. Lighting design, therefore, becomes very important. Many gyms find that fluorescent in fixtures aimed upward to soften the light are an effective and inexpensive alternative to high-end lighting.

You should also note if the floor has adequate space and structural capacity for both the equipment and the occupants, he says.

Another element to consider, say the designers, is noise—both kinds: vibration caused by things like treadmills, which primarily travels vertically downward; and audible, like the clanging and dropping of weights or the thumping of runners. A thick rubber floor like the ones commonly used in commercial gyms addresses both. Rubber flooring for a 600-square-foot gym costs around $5,000, say the pros.

A particularly pernicious vibration problem can be solved by laying a floating floor on top of the existing and then putting rubber over that, plus sealing and caulking every edge of the space as well as every pipe intrusion and structural column. A dropped ceiling filled with insulation will keep noise from traveling upward. In luxury condominiums, “Rubber flooring comes at different price points. some have the capability to deliver custom colors and complement the upholstery on the equipment.

The gym must have mirrors on approximately half the wall space in the gym, corresponding to the placement of the stretching/ab area and the apparatus. The price range for mirror panelling is typically from $3,000 to $5,000. Lastly, a computerized electronic lock on the door not only keeps the room secure, but keeps track of who is in the room and when, in case anything is damaged or stolen. Plastic keycards, which can easily be passed around to non-member residents, have been replaced by palm or fingerprint scanners, available for under $1,000.

 

Layout and Design

A well thought-out private gym provides a full-body workout, which includes warm-up, stretch, cardio, strength training and cool-down. According to Commercial Fitness Products, cardio equipment will generally be the most used. A 500-600-square-foot gym will typically have two treadmills (approximately $2,000 each), two elliptical machines ($1,500 each), a recumbent bike ($2,000), an upright bike (under $2,000), a multi-station weight apparatus (around $5,000) and at least two racks of free weights and two benches (under $1,000). A popular, fabulously versatile new apparatus is the functional trainer (around $3,500), which uses two adjustable-height and width pulleys attached to individual weight stacks and offers a wide range of exercises.

The gym above, containing all commercial grade brand-name equipment, including delivery and installation, should come to about $30,000 plus tax. .

It’s important, says Richard, to decide what’s necessary and what’s not. For example, consider whether adding a shower/locker room is essential. Perhaps residents would prefer using their own apartments for that function rather than the in-house gym, where maintenance could prove expensive or difficult. Other concerns are consulting with an attorney and insurer on liability issues, and making sure the facility is secure using safety-conscious materials and products.

Building insurance almost always covers injury and mishaps in the gym (just as it does in the laundry room), as long as no one under 16 is allowed admission. No additional policy is usually required—though of course it’s wise to double-check with your building’s insurance carrier to make absolutely sure.

The life span of equipment in a gym varies from piece to piece in a co-op or condo gym, conservatively, treadmills can be counted on to last about five years, elliptical machines about seven and bikes about 10. Weight machines last indefinitely, requiring only occasional reupholstering and replacement of pulleys and cams. Regular professional maintenance will help extend the life of all the equipment. Contracts, usually costing around $1,200 a year, include inspection, adjustment and lubrication of all moving and mechanical parts.

In addition to quarterly maintenance visits, the room has to be cleaned every day. This is typically done by existing building staff, the chore includes wiping down all the equipment with disinfectant, vacuuming the floor, emptying the garbage and cleaning the bathroom if there is one.

Adding TV screens to each of the six cardio pieces above would add at least $6,000 to the cost of the package. Richard says about half the gyms he equips go without any TVs at all to save on cable bills, figuring people bring their iPods for entertainment. Some have just two BestBuy or Costco-bought flat screens on the wall, using their speakers to produce the sound. Other more extravagant buildings spend tens of thousands on individual touchscreens with wireless internet as well as cable TV.

 

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You’ve Built It: Now Make Sure They Come

In order to let residents know that their new gym is open and fully operational, “Do as many kickoff events as you can,” Richard advises. “You’ve got to get a lot of energy down there.” As soon as the gym is finished, do a wine and cheese ribbon-cutting ceremony. Later on, bring in a trainer to lead several training sessions for four or five shareholders at a time.

“The building can offer regularly scheduled yoga, stretch and pilates mat classes, because while yoga studios that offer classes without membership abound in Florida, “there are very few places people can go to take pilates classes without joining an expensive gym.

Yoga and pilates classes can generate a modest extra income for the building—and at the same time help keep shareholders and tenants healthy. we’ve just begun a Fitness After Fifty program that seems to be going well.” geared to the older owners.

The bottom line is that not only can a well-designed, well-maintained gym facility add value to your building, it can help boost community spirit as residents bond over the iron, and it helps keep your owners and shareholders healthy. And that’s a winning equation.

 

amen_Fitness_Room-CardioCall for all of your Fitness needs, Throughout South Florida.
Find out more about:
Commercial Fitness Products
Richard Wasserlauf
Address: 5034 Hiatus Road
Sunrise, Florida 33351
Phone: 954-747-5128
Fax: 239-938-1462
E-Mail: SALES@COMMFITNESSPRODUCTS.COM
Web: http://www.commfitnessproducts.com

And Find us on the

Find-A-Service Directory on SFPMA.COM

https://sfpma.com/listing/commercial-fitness-products/

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Happy Hour with Cohen Law Group to benefit the Make-A-Wish Foundation a Charity Event/Virtual Happy Hour/Harvey Q & A on Wed., May 27, at 5pm. 

Happy Hour with Cohen Law Group to benefit the Make-A-Wish Foundation a Charity Event/Virtual Happy Hour/Harvey Q & A on Wed., May 27, at 5pm. 

  • Posted: May 25, 2020
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Happy Hour with Cohen Law Group to benefit the Make-A-Wish Foundation

Cohen Law Group and several other organizations will host a Special Event.

Charity Event/Virtual Happy Hour/Harvey Q & A on Wed., May 27, at 5pm.

MAKE A DONATION

REGISTER FOR THE EVENT

 

We challenge your organizations and business to step up and join us to raise money for the amazing Make-A-Wish Foundation!
Fun Facts-
•Harvey will match donations raised during the event up to $5000.
•Pre-register attendees from your organization
•Live donation and donor acknowledgement during event
•Entertaining Games, Contests and Prizes
•Your organization logo marketed on flyer in blasts
•Guaranteed to be a lively event while Making Wishes come true!
We are looking for organizations, businesses and sponsors to participate and market the event to your contacts, members and employees. We will create marketing materials you can distribute.
If you would like to participate, we ask that you do the following-
· Market Event to your contacts, CO-workers, family, friends.
· Participate in Event
· Donate Raffle Prizes – gift cards from your business or Visa, MC or American Xpress, etc. Free 1 year membership to your organization, etc.
· Optional- Match funds up to a specific dollar amount like Harvey!
· Email your logo, your contact information and Raffle Prize, etc. if you wish to participate.
*One of our contests will be Team Tally- Tag-A-Friend or Tag-A-Coworker- Whoever tags and gets the most participation from their organization wins a prize for themselves as well as the entire organization!
SFPMA – for a lucky company SFPMA has donated a Full Lifetime Company Listing and a Full Page of Advertising in our FLORIDA RISING MAGAZINE for one year.  (Let us help you get noticed in the industry)
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