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

Statutory Limitation on Condominium Transfer Fees

Statutory Limitation on Condominium Transfer Fees

Statutory Limitation on Condominium Transfer Fees

A Reminder that the Limit is the Limit

Transfer fees are those fees an association may charge in connection with the sale or lease of a unit. There are significant differences between allowable transfer fees for homeowners’ associations as compared against condominium associations. When it comes to transfer fees for condominium associations, Florida law is patently clear – in no event may such a fee exceed $100 per applicant. In spite of this clear limitation, some condominium associations charge more than the statutory maximum, and doing so is not without significant consequence.

 

In fact, unit owners of a condominium association recently brought a successful class action lawsuit in Miami-Dade County against their condominium association that charged transfer fees beyond the statutory limit. That association now faces a significant financial impact from the suit. Not only must the association return the money charged over the statutory limit to each member of the class, the settlement stipulated that the association must pay $95,000.00 in attorney fees to the law firm representing the residents. The class period was from 2014 to 2019, and the association may end up paying over $200,000.00 to satisfy all the claims in the class. Yikes!

 

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Specifically, section 718.112(2)(i), Florida Statutes, provides that “no charge shall be made by a condominium association in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless i) the association is required to approve such transfer and ii) a fee for such approval is provided for in the declaration. In no event may such fee exceed $100 per applicant other than husband/wife or parent/dependent child, which are considered one applicant.” The law does allow the association to require a prospective lessee place a security deposit, not to exceed the equivalent of one month’s rent, into an escrow account maintained by the association.

 

It is important to note that the statute requires that the condominium’s declaration provide authority to the association to approve a transfer and to impose the transfer fee. If these powers are not granted in your declaration of condominium, the condominium association may not charge any transfer fee. If the declaration of condominium does provide for a transfer fee, then the association must abide by the statutory maximum.

 

It is not unheard of for more than one condominium association to attempt to circumvent the statutory limitation by changing the name of the fee. Some may call the charges “screening fees” or “move in fees,” but that does not change the fact that the fees are still legally considered transfer fees. Remember, the limit is the limit, regardless of whether the condominium association’s expenses in obtaining credit and criminal history reports exceeds the $100.00 limitation. Any condominium association charging more than the statutory maximum is violating the statute and opens itself up to liability. With the award of attorney fees, there is an incentive for attorneys to bring more cases challenging any transfer fees that violate the statute. Your condominium association could be liable for hundreds of thousands of dollars for charging improper transfer fees.

 

On the other hand, there is good news for homeowners’ associations, these statutory maximums only apply to condominium associations. However, homeowners’ associations are not without some statutory limitation. Section 689.28, Florida Statutes, declares that transfer fee covenants violate public policy by impairing marketability of real property. However, section 689.28(2)(c)7., Florida Statutes, does allow a homeowners’, condominium, cooperative, mobile home, or property owners’ association to charge a fee if the declaration allows such a charge. So, a homeowners’ association may only charge a transfer fee if the authority is granted to the association in the declaration. Just keep in mind, if your declaration specifies a set fee, your association is limited to the fee provided in the declaration.

 

Now is a good time for all board members to review their community’s governing documents and seek advice from the association’s lawyer as to whether any existing transfer fee complies with the statutory requirements. A simple check now can help your association avoid costly litigation in the future.

Article written by Jeff Rembaum of KBRLegal.com 
with permission for SFPMA to republish for our industry.

 

Kaye Bender Rembaum, Attorneys at Law

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

Thank You, SFPMA.COM

 

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Please make a lifesaving donation to the Leukemia & Lymphoma Society

Please make a lifesaving donation to the Leukemia & Lymphoma Society

  • Posted: Oct 26, 2019
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Please make a lifesaving donation to the Leukemia & Lymphoma Society

Every single penny counts in fundraising for this lifesaving organization. Whether you can donate $1 or $1,000, be certain that your generous contribution will change, and hopefully even save, lives in your community.

To make a lifesaving donation, click here:
https://pages.lls.org/ltn/ncfl/Orlando19/CohenLawGroup

 

My family, my team at Cohen Law Group, and I sincerely thank you for your continued support and lifesaving generosity.

Many of you know how important the Leukemia & Lymphoma Society (LLS) is to me, my family, and everyone here at Cohen Law Group. For years, you have aided our efforts in raising funds to give back to this lifesaving organization for which we are eternally grateful.

My own family was affected by Leukemia. We are not the only family to experience this journey but we hope, that through supporting LLS, we will be one of the last. This year we were honored to receive artwork from Kay Colton who, at only age 11, is a Leukemia survivor. Kay’s family and my own are just two examples of the thousands upon thousands of lives LLS has impacted.

Last year, we raised over $8,000 for LLS! Today we are asking for you to join us once more in our goal of raising $10,000 and beyond.

With the Utmost Gratitude,
Harvey V. Cohen, President

Here’s how your donation to LLS helps.

  • LLS is committing $25 million to childhood cancer research over the next five years.
  • LLS helped advance 34 of the 39 blood cancer treatment options approved by the FDA in 2017 and 2018.
  • In 2018 alone, LLS provided over $2.5 million in direct financial assistance, helping more than 900 patients in the North & Central Florida Chapter.

This lifesaving work is possible because of the generosity of communities like ours across America. There is still so much to accomplish in defeating blood cancers once and for all and so we hope that you are able to make a donation of any amount to our fundraiser today.

 

Supporting our Members

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HOA Balance Sheets

HOA Balance Sheets

HOA Balance Sheets

The balance sheet in your HOA financial statement is the quickest and easiest way to get a feel for the financial strength of your community association. There are three parts to a balance sheet: assets, liabilities, and equity.

Assets = Liabilities + Equity. This is the basic formula that your HOA balance sheet should follow. It will provide a general snapshot of how well your association is doing financially at a certain point in time whether it be at the end of every month, quarter, or year. It should be included in every official financial statement.

 

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  • Assets – the positive. Assets are anything of monetary worth owned by your HOA. This includes things like reserve funds, petty cash, bank accounts, property, etc.
  • Liabilities – the negative. This will be anything owed by the association such as maintenance fees, improvements, or vendor bills. Anything that costs money will be a liability. Depreciation on community structures, vehicles, or equipment also counts as a liability and should also be added to the HOA balance sheet.
  • Equity – what’s left. Equity is the difference between the value of the assets and the value of the liabilities. To find equity, the formula can be rearranged as: Equity = Assets – Liabilities.

 

If you follow the formula and your equity is positive, good job! Your association is doing well and is bringing in more money than it owes. If equity is negative, it means that you should quickly reevaluate your finances; more money is being spent than is coming in.

Not all equity is created equal. Having an equity of $5,000 would be great for a small HOA that only brings in $8,000 monthly but not so great if your community collected $100,000 monthly. That’s where equity ratio comes in. Equity ratio can be calculated by taking your total equity and dividing it by total assets: Equity Ratio = Equity / Assets. Using the same example from above, the smaller HOA would have an equity ratio of 63% while the larger HOA’s ratio would be only 5%. When listed as a ratio, it becomes quite clear which HOA is more financially sound despite having the same total equity.

HOA balance sheets, whether prepared monthly, quarterly, or annually, are a good representation of the daily operation of your community association. A negative equity on an annual sheet does not only mean that an HOA has lost money over the year, but it also means that day to day operations are flawed and need to be reconsidered.

Just as with financial statements, the more frequently balance sheets can be made up, the more insight they can provide into the financial workings of a community association. While it is perfectly acceptable to release financial and balance sheets annually, it is preferred to release them monthly or quarterly. The more information your board of directors has to work with, the more effectively they can operate.

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Building Bridges Through Communications

Building Bridges Through Communications

  • Posted: Oct 19, 2019
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Building Bridges Through Improved Communications

Before you can improve on something, it helps to have a clear picture of where the problems are. Take an honest look at what’s been going on between your HOA board and the association members. Perhaps you’ve already tried (several times) to connect with the members of your HOA, but it just doesn’t seem to work. They won’t listen. Or they seem to listen and then ignore what was said. The board members wonder why they can’t get anything through to the association members.

 

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What’s wrong with the bridge we already have?

add this to the article building bridges.The Bridge to Nowhere, located in Southern California was intended to connect two places, but due to flooding, the original road was re-routed and now the bridge is part of a hiking trail. However, its use as a trail is often hampered because the trail going to it washes out, leaving the bridge practically inaccessible. In building a communication bridge, consider the approach—from both sides.

Be knowledgeable and confident in your purpose for the communication in the first place. Make sure the reason is clear and easy to see. As much as possible, prepare the other end of the bridge as well. Is it evident to the association members why they need to pay attention to the board and welcome the information into their lives? And do they have a clear way to approach the board with reactions to what the board says or to express both related and unrelated concerns that are common to the community? Is the board prepared to welcome what the owners say?

Two lanes

Does your communication bridge accommodate traffic going in two directions? Help your association members be prepared to receive your communication and deliver it in a means that is relevant and relatable.

Speak the same language as the members. If you are trying to communicate an issue that the board has researched in-depth or if it is closely related to your personal interests or profession, it might be easy to slip into using jargon. If the members don’t know what you’re saying or if they think you’re being arrogant, they will likely turn you off.

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Be direct

What if bridges meandered the way a scenic road up a mountain does, switching back and forth? While both engineering feats serve a purpose, that purpose is not the same and cannot be achieved by the same means. Know what you have to say and say it as concisely as possible.

Maintenance

Even the best bridges require maintenance. Potholes form; supports and structure are subject to forces of nature and friction; the vehicles using it change in size and shape. Over time, the communication bridge between the board and the association members will need attention. The people on the board and in the association fluctuate, economics change, the social environment changes, and nature can affect the physical environment too.

Monitor the use of your communication bridge and be aware of potential problems as they arise. Different communication modes are appropriate at different times. While communicating through brief, direct emails may work at times, there will be other times a regular newsletter will be necessary or maybe you can use bills posted on bulletin boards. Sometimes phone calls are more helpful and other times just keeping the bridge clear by friendly, personal communication like a “hello” when you meet at a mailbox will support more weighty business communications down the road.

Transparency

A bridge smothered in fog may be daunting to traverse. If your association members feel they can’t see what’s going on, they are less likely to approach and you’re left with a communication gap instead of a bridge. Do not shroud important details in mystery and allow members to stumble onto them. Keep relevant information easily visible and accessible.

Structure

Every part of a bridge must be structurally sound to create a safe, positive transfer from one place to another. Make sure the structure supporting your communication bridge is sound. Are you using a management company? They are an important part of your structure. Make sure they are clear on the intent of the board and that the association members know how to access both the management company and the board with their concerns.

 

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TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents. A total of 27 new laws go in to effect.

TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents. A total of 27 new laws go in to effect.

TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents.

  • 27 new state laws in Florida
  • New laws take effect Oct. 1 
  • Texting while driving ban, hazing and protection of police dogs and horses

A total of 27 new laws go in to effect.

However, the biggest is a provision of a law that already went into effect: holding a phone or other device while driving.

State lawmakers passed a law that made texting while driving a primary offense in Florida. That law went into effect in July. But starting Tuesday, a provision of the law goes into effect that requires drivers to be “hands-free” in certain areas. If you are spotted holding a phone, whether that be talking on it, flipping through emails, playing Pokemon Go or anything else, police can pull you over and cite you if you are driving in a school or work zone.

We talked to drivers in the Bay area who said they support the new law.

“I think it’s smart because the school zone by my house on MacDill, every single time I’m going through there when the lights are on people are just blowing by me, not paying attention,” said John Meyer. “I don’t think these people on their phones are even going to see the crossing guards. It’s a problem and I’m glad they’re doing something about it.”

“I think we need to protect our children first and foremost. It would be horrible to lose a child over a cell phone and I truly believe they need to implement this law,” said Elisandra Garcia.

Up next, especially for college students, a new hazing law comes into effect.

Senate Bill 1080 will target people who plan acts of hazing or recruit others to help – if there is a permanent injury during the hazing, that will now be a third degree felony. Reporting a hazing incident will get you immunity under the new law.

Police dogs and horses are getting some added protection in a new law taking effect tomorrow. Anyone killing or severely injuring a police horse or dog will now face a potential of 15 years in prison. That is a 10 year increase over the current law.

 

Among the laws going into effect:

  • TEXTING WHILE DRIVING. Lawmakers passed a bill (HB 107) that strengthened the state’s ban on texting while driving by making it a “primary” offense, allowing police to pull over motorists for texting behind the wheel. Most of the measure took effect July 1. But starting Tuesday, it will require motorists to go hands-free on wireless devices in school and work zones. The law directs law-enforcement officers to provide verbal or written warnings until the end of the year for motorists who don’t put down cell phones in those areas. Tickets will start to be issued Jan. 1, punishable as a moving violation with three points assessed against the driver’s license.
  • HAZING. A new law (SB 1080) was crafted after Andrew Coffey, a Florida State University fraternity pledge from Lighthouse Point, died in 2017 after drinking a bottle of Wild Turkey bourbon that had been taped to his hand. The law targets people who plan acts of hazing or solicit others to engage in hazing and makes it a third-degree felony if the hazing results in a permanent injury. The bill also provides immunity to people who call 911 or campus security to report the need for medical assistance during hazing incidents.
  • POLICE DOGS AND HORSES. The measure (SB 96) makes it a second-degree felony, up from a third-degree felony, for people who kill or cause great bodily harm to police, fire or search-and-rescue dogs or police horses. The change boosts the amount of potential prison time from five years to 15 years. Supporters said the bill stems, at least in part, from the deaths of Fang, a member of the Jacksonville Sheriff’s Office canine unit shot and killed by a teenager fleeing after carjacking two women at a gas station, and a Palm Beach County Sheriff’s Office police dog named Cigo that was killed in the line of duty.
  • CHILD-LIKE SEX DOLLS. The law (SB 160), in part, makes it a first-degree misdemeanor to sell, give away or show child-like sex dolls. The charge increases to a third-degree felony on subsequent violations. A committee staff analysis said the importation to the U.S. of sex dolls that resemble children has become increasingly prevalent. “Such dolls are manufactured in China, Hong Kong, or Japan and are shipped to the U.S. labeled as clothing mannequins or models in order to avoid detection,” the analysis said.
  • VETERANS’ COURTS. The law (SB 910) removes a requirement that military veterans be honorably discharged to be eligible for participation in veterans’ courts. It also expands overall eligibility to current or former U.S. defense contractors and military members of allied countries. Veterans’ courts are designed to provide treatment interventions to military veterans and active-duty service members who are charged with criminal offenses and suffer from military-related injuries, such as post-traumatic stress disorder, traumatic brain injury or a substance-abuse disorder.

 

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You can read the other laws going into effect Tuesday below. to get more details on them, go to the Florida House website.

  • CS/HB 9: Community Redevelopment Agencies:
    Requiring ethics training for community redevelopment agency commissioners; requiring a community redevelopment agency to follow certain procurement procedures; requiring a community redevelopment agency to publish certain digital boundary maps on its website; providing termination dates for certain community redevelopment agencies, etc.

 

  • CS/SB 262 Child Welfare:
    Providing for the name of a child’s guardian ad litem or attorney ad litem to be entered on court orders in dependency proceedings; requiring cooperation between certain parties and the court to achieve permanency for a child as soon as possible; requiring the court during an adjudicatory hearing to advise parents in plain language of certain requirements to achieve permanency with their child, etc.

 

  • CS/CS/HB 725 Commercial Motor Vehicles:
    Exempting persons who operate a commercial motor vehicle solely in intrastate commerce which does not transport hazardous materials in amounts that require placarding from certain requirements related to electronic logging devices and hours of service supporting documents until a specified date; extending an exemption from specified commercial motor vehicle requirements for a commercial vehicle having a certain gross vehicle weight rating and gross combined weight rating, under certain circumstances; revising length and load extension limitations for stinger-steered automobile transporters, etc.

 

  • CS/CS/HB 827 Engineering:
    Prohibiting specified services to the department for a project that is wholly or partially funded by the department and administered by a local governmental entity from being performed by the same entity; revising licensure certification requirements to include active engineering experience and a minimum age; revising the timeframes in which a fee owner or the fee owner’s contractor using a private provider to provide building code inspection services must notify the local building official, etc.

 

  • CS/HB 1057 Motor Vehicles:
    Revises provisions relating to motor vehicle lamps, lights, & warning signals; provides requirements & penalties; revises requirements for release statements & pickup notices for damaged or dismantled motor vehicles; authorizes entity that processes certain transactions or certificates for derelict or salvage motor vehicles to be authorized electronic filing system agent; authorizes DHSMV to adopt rules.

 

  • CS/HB 1247 Construction Bonds:
    Requires notice of nonpayment to be under oath; specifies that claimant or lienor who serves fraudulent notice of nonpayment forfeits his or her rights under bond; provides that service of fraudulent notice of nonpayment is complete defense to claimant’s or lienor’s claim against bond; provides that provision relating to attorney fees applies to certain suits brought by contractors.

 

  • HB 1323 City of Tampa, Hillsborough County:
    Revises investment policy provisions to conform with general law.

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  • HB 1373 Hillsborough County Civil Service Act:
    Repeals special act relating to the establishment of a fair, neutral, & impartial system for administering employee discipline; requires that agency or authority previously covered under act must provide fair, neutral, & impartial system for administering employee discipline of suspension, involuntary demotion, or dismissal & appeals of such discipline.

 

  • HB 7001 OGSR/State University DSO Research Funding:
    Removes scheduled repeal of exemption relating to exemption from public meeting requirements for portions of certain state university DSO meetings at which proposal seeking research funding or plan for initiating or supporting research is discussed.

 

  • HB 7003 OGSR/Alzheimer’s Disease Research Grant Advisory Board:
    Removes scheduled repeal of exemption from public records & meeting requirements for applications provided to Alzheimer’s Disease Research Grant Advisory Board within DOH & review of such applications.

 

  • HB 7009 OGSR/Identification and Location Information/Department of Health:
    Removes scheduled repeal of exemption from public record requirements for certain personal identifying & location information of specified personnel of DOH, & spouses & children thereof.

 

  • HB 7011 OGSR/Division of Emergency Management: 
  • Removes scheduled repeal of exemption from public meeting requirements for information provided to DEM for purpose of being provided assistance with emergency planning.

 

  • SB 7018 OGSR/Public Research Facility/Animal Research:
    Amending a provision which provides an exemption from public records requirements for the personal identifying information of a person employed by, under contract with, or volunteering for a public research facility that conducts or is engaged in activities related to animal research; removing the scheduled repeal of the exemption, etc.

 

  • HB 7025 OGSR/Treatment-based Drug Court Programs: 
  • Removes scheduled repeal of exemption from public records requirements for certain information relating to screenings for participation in treatment-based drug court programs, behavioral health evaluations, & subsequent treatment status reports.

 

  • HB 7033 OGSR/Family Trust Companies:
    Removes scheduled repeal of exemption relating to certain information held by OFR relating to family trust companies.

 

  • SB 7034 OGSR/Automated License Plate Recognition System:
    Amending a specified provision which provides a public records exemption for certain images and data obtained through the use of an automated license plate recognition system and for personal identifying information of an individual in data generated from such images; removing the scheduled repeal of the exemption, etc.

 

  • SB 7036 OGSR/Payment of Toll on Toll Facilities/Identifying Information:
    Amending a specified provision which provides an exemption from public records requirements for personal identifying information held by the Department of Transportation, a county, a municipality, or an expressway authority for certain purposes; deleting the scheduled repeal of the exemption, etc.

 

  • HB 7047  OGSR/Security Breach Information:
    Removes scheduled repeal of exemption from public record requirements for certain information received by Department of Legal Affairs relating to security breaches.
  • HB 7049 OGSR/Florida Consumer Collection Practices Act:
    Removes scheduled repeal of exemption from public record requirements for certain information held by Office of Financial Regulation pursuant to investigation or examination under Florida Consumer Collection Practices Act.
  • HB 7059  OGSR/Concealed Carry License/DACS:
    Removes scheduled repeal of exemption from public records requirements for certain personal identifying information held by tax collector when individual applies for license to carry concealed weapon or firearm.
  • HB 7091 OGSR/Hurricane and Flood Loss Model Trade Secrets:
    Removes scheduled repeal of exemption relating to certain information related to trade secrets used to design an insurance hurricane or flood loss model.
  • HB 7097 OGSR/Informal Enforcement Actions and Trade Secrets/OFR:
    Removes scheduled repeal of exemptions from public records requirements for certain informal enforcement actions engaged in & trade secrets held by OFR.
  • CS/HB 7125 Administration of Justice:
    Providing for reallocation of unencumbered funds returned to the Crime Stoppers Trust Fund; increasing threshold amounts for certain theft offenses; revising criminal penalties for the third or subsequent offense of driving while license suspended, revoked, canceled, or disqualified; requiring the Department of Children and Families to provide rehabilitation to criminal offenders designated as sexually violent predators; establishing eligibility criteria for expunction of a criminal history record by a person found to have acted in lawful self-defense; creating the Task Force on the Criminal Punishment Code adjunct to the Department of Legal Affairs, etc.

 

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ZUUL Systems is finally here! Communities all around South Florida are making use of ZUUL’s easy-to-use security technology.

ZUUL Systems is finally here! Communities all around South Florida are making use of ZUUL’s easy-to-use security technology.

 

ZUUL’s security technology prevents the passing around of key cards or fobs among guests. By centralizing a guest’s access key to his or her phone, the community’s credentials are more likely to stay secure.

Say goodbye to long lines at the community gate! With ZUUL, guests will no longer need to show their IDs and wait long lines while their information is being logged at a community’s guard gate.

There’s no long-term commitment necessary to have the gate entry system your community deserves. Users can expect no annual contracts when signing up with ZUUL Systems.

ZUUL Systems is finally here! Communities all around South Florida are making use of ZUUL’s easy-to-use security technology. Simply scan your approved QR code at the entrance scanner, and watch the gate rise with ease.

Join ZUUL’s streamlined security system today: www.zuulsystems.com

 

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Before You Dig Call Ronnie-G The Pipe Guy at PRS-Pipe Restoration Solutions Phone Number 561-602-8660

Before You Dig Call Ronnie-G The Pipe Guy at PRS-Pipe Restoration Solutions Phone Number 561-602-8660

Before You Dig Call Ronnie-G The Pipe Guy at PRS-Pipe Restoration Solutions

Phone Number 561-602-8660

Our business philosophy is simple: We want to First, listen to your need. Second, identify the best solution and Third, deliver the highest quality end-result, all while giving you a great customer experience. PRS is a State of Florida Certified Plumbing Contractor that specializes in full pipe restoration. Whether it be sanitary sewer or storm, potable water, fire suppression or HVAC chiller lines, our goal is to provide solutions to the failing piping infrastructure utilizing the latest plumbing and trenchless technology available. We also carry a State of Florida Class “A” General Contractor’s license which sets us apart.

Members of SFPMA  Take a look at our Membership Listing  

 

Pipe Restoration Solutions

561-602-8660

Pipe Inspection, Pipe Cleaning, Pipe Lining and Pipe Replacement Company

 

When PRS looks at a project we want to ensure we are putting the “right” solution to the problem at hand.  Every project has its unique needs based on overall job scope, site conditions, project timeframes and difficulty level. At Pipe Restoration Solutions, we have found that when high-quality material and creativity comes together something special happens… Projects are completed with excellence and above expectation; Long term relationships are built; Problems are permanently solved.
Our business philosophy is simple: We want to First, listen to your need. Second, identify the best solution and Third, deliver the highest quality end-result, all while giving you a great customer experience.
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BECOMING A PAPERLESS ASSOCIATION

BECOMING A PAPERLESS ASSOCIATION

BECOMING A PAPERLESS ASSOCIATION

by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM,
Royale Management Services, Inc.
Is it time your association did away with paper records? Paper records take up lots of space, are difficult to share and expensive to store, not to mention the fact that they often attract bugs and other vermin.
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Digital records, on the other hand, allow nearly unlimited storage using little or no physical space. Combine this with easy back-up, ease of access and decreased probability of loss of records or mis”ling, and digital records can be very appealing. They are also easier to search, harder to change and can be easily protected from loss due to “re, $ood or other disasters via “cloud” back up. Computer data storage in the “cloud” is inexpensive or sometimes free, and it is encrypted for security. Files can be organized into folders and quickly and easily accessed. Best of all, digital records can be shared and still remain intact so that records are never missing.
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The State of Florida is on board. Condominiums with 150 or more units are now required by law to maintain a website and to post a myriad of association documents on it that are accessible only by unit owners.
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There are legal considerations in any transition to paperless. It’s a good idea to be sure that the Statutes and the association’s governing documents do not mandate the use of paper documents delivered by mail. Association documents are generally silent on the topic of digitized
records. In fact, they typically don’t even cover paper records since many were written when no other form of record keeping existed. In the absence of any reference to how records are to be maintained other than that they must be maintained, electronic records meet all the requirements.
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Florida community associations are permitted to send membership meeting notices and certain board meeting notices to the owners electronically only if the association obtains the written consent of the subject owner.
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Further, association business conducted by Board members via email must be retained since they may need to be accessed in the event of a lawsuit.
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Association business should be conducted on a dedicated email account, and document storage should be handled with care.
Here at Royale Management, we have been digitizing our associations’ records for many years; and while we still have a few clients that have insisted on keeping paper records, we are in the process of converting those associations to digital records as well.

 

Royale Management Services, a registered and licensed community association management corporation in Florida, works with association Boards of Directors throughout South Florida to oversee the daily activities required for proper management, helping to educate them on their responsibilities, duties, and obligations. Royale’s team members are highly trained in all aspects of community association management and customer service to ensure that proper procedures are followed that keep the association in compliance with all of the rules governing elections, budgeting, accounting, operation, collection and assessment. The #rm and its president are members of the Community Association Institute (CAI),State of Florida Property Management Association (SFPMA) and the Fort Lauderdale Chamber of Commerce.
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Ways to Help Your Property Manager

Ways to Help Your Property Manager

Ways You Can Help Your Property Manager

Property management companies can lend a helping hand for busy owners looking to make a profit out of their investment. Whether it’s collecting the rent or performing regular maintenance, property managers are always busy. Sometimes too busy to do everything on time. Luckily, with a little help from homeowners, property managers can do their job more efficiently, keeping your property in tip-top shape while allowing you to enjoy the extra time and money with those you love.

 

MAKE SURE YOUR PROPERTY IS READY TO RENT BEFORE YOU HAND IT OVER

Appearances are everything in the rental market. Handing over a clean, empty property that is ready to be leased will attract prospective tenants and show your property management company how you expect your house to be kept. On the other hand, if your house is a mess, you’re sending a message to prospective tenants and your management company that the maintenance of your investment isn’t a priority

 

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DOUBLE-CHECK THAT EVERYTHING WORKS

Nothing wipes out the joy of moving into a new house only to find out that essential fixtures and appliances aren’t working. However, you can prevent problems from developing by making sure that everything is working before you hand your property over.

Light fixtures should be in good conditions and with working light bulbs. Bathroom and kitchen faucets should work and have no leaks. Fire alarms should have new batteries. Anything that doesn’t work or isn’t needed should be removed from the property, so as to avoid frustrating the tenants or overburdening the management company’s repair staff.

 

TAKE ALL OF YOUR PERSONAL ITEMS WITH YOU

Whether it’s by accident or on purpose, many property owners end up leaving personal objects in the property. This happens especially in places like the garage or the attic. This is can lead to trouble down the road.
Leaving personal items in a property encumbers everybody. When your new tenant moves into the home, they shouldn’t have to deal with items that don’t belong to them. You also risk having your personal items stolen or damaged. This also affects the property management company that is caught in the middle. Save yourself the hassle and make sure you remove all of your personal items before turning over your property.

 

GIVE YOUR WALLS A THOROUGH CLEANING

Tenants expect to be able to move in immediately, not having to scrub the floor and walls for hours. Your property may be old and have a few issues with its fixtures, but keeping it sparkling clean will make it more attractive for your future tenants. So make sure that there’s no dust or stains on the floor. If you have carpets get them cleaned by a professional.

 

GIVE YOUR WALLS A MAKEOVER

Your walls don’t have to be freshly painted, although it does help. But the better they look, the easier it’s going to be renting the house out. So make sure that you fill any hole, scrub the walls, or change the wallpaper if needed. Tenants can be picky when it comes to walls, especially if they are dirty or are painted with strange colors.

 

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LEAVE ALL THE UTILITIES PAID

By visiting your house, prospects expect to get an idea what it will be like to live there. That’s why it’s important that there is running water so that the toilets and the sinks work. Leaving the electricity on is also a must since many tenants visit in the evening and need the extra lighting. Depending on the season, your AC or heating system will also be needed to keep your prospects comfortable.

 

FILL OUT AND RETURN ALL THE PROVIDED PAPERWORK

Every form and document we submit to the owners is necessary for our business activities. That’s why we have a rule of never marketing or leasing a property until the owner, or tenant, has delivered all the information and paperwork we have requested.

 

SHARE ALL THE INFORMATION YOU CAN WITH YOUR MANAGEMENT COMPANY

Where is your property’s electrical junction box? Does the house have a propane tank? Where is the water shut-off located? These are just some questions that you should answer when handing over your property. They will save you time and many phone calls from your property management company.

 

GIVE COPIES OF YOUR RULES TO YOUR PROPERTY MANAGERS

These will be passed on and explained to your tenants so they can comply with the neighborhood rules. No tenant can be held responsible for breaking a rule if he doesn’t know the regulations to begin with.

 

GIVE THEM YOUR FULL CONTACT INFORMATION

Perhaps the most obvious one, your company needs your full contact information. This includes your current address and phone number, to get a hold of you. The easier it is to talk to you, the quicker your property manager will be able to make repairs in your property or solve other issues that need your authorization.

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