SFPMA

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

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

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Secured Technologies: Security of your property or needing a trusted partner to help you build a state of the art Access Control Solution.

Secured Technologies: Security of your property or needing a trusted partner to help you build a state of the art Access Control Solution.

  • Posted: May 20, 2024
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Secured Technologies Inc.

305-893-1269

Whether you are adding some final touches to the security of your property or needing a trusted partner to help you build a state of the art Access Control solution, CCTV and fire or intruder alarm system, Secured Technologies has a wide range of options to help you.

Covering a range of security services, from small restoration and maintenance jobs to providing full blown biometric no-touch access control complete with Facial Recognition and world class CCTV, Secured Technologies is your partner in securing your building.

We offer state-of-the-art access control systems, alarm systems, intruder detection systems, CCTV, IT, integration, installation, support and maintenance services. We are a licensed and insured security service provider in the state of Florida.

Our Company’s in-house design specialist incorporates modern

High-Rise Design Technologies for Condominium, Hotel, Apartments,

Hospitals and Corporate Office towers. Secured Technologies is

responsible for some of the most secured Condominium Towers

throughout South Florida.

 

Secured Technologies Inc.

Ross Logan

Director of Operations

305-893-1269

687 NE 124th Street, North Miami, FL 33161

http://www.secured-technologies.com

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SECURING YOUR GATED COMMUNITY Exactly Who Is Allowed In? by KBR Legal

SECURING YOUR GATED COMMUNITY Exactly Who Is Allowed In? by KBR Legal

  • Posted: May 20, 2024
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SECURING YOUR GATED COMMUNITY  Exactly Who Is Allowed In?

by  Kaye Bender Rembaum

 

While living in a gated community can add peace of mind for the residents who live behind the gates, there are many important considerations for the association when crafting rules and regulations regarding who may and who may not be permitted to enter the community. In today’s gated communities, there are three entry control options: (i) live personnel to monitor the gate, (ii) a virtual gate guard where the gate guard who allows guests to pass through is off-site and monitoring electronically, or (iii) a simple call box.

Many associations adopt rules which require visitors to the community to present valid identification to ensure that the visitors are authorized by the association or a resident to enter the community. But, what kind of identification can an association require? Are there limits? In the end, the association must balance its interest in ensuring that only authorized visitors enter the community with the rights of the owners and the visitors entering the community.

One question which bears analysis is, is the association permitted to “swipe” a driver license? Section 322.143, Fla. Stat. (2021), defines “swiping” a driver license as the act of passing a driver license or identification card through a device that is “capable of deciphering, in an electronically readable format, the information electronically encoded in a magnetic strip or bar code on the driver license or identification.”

Pursuant to §322.143, Fla. Stat. (2021), a private entity is not permitted to “swipe” an individual’s driver license or identification card to capture and store information contained in the magnetic strip unless the individual consents to allow this, and the association informs the individual what information will be collected and the purpose or purposes for which it will be used. However, an exception exists in that the association is allowed to “swipe” the driver license to verify the authenticity of the driver license, as long as the association is not capturing and storing the information on the magnetic strip. More specifically, §322.143(2)(a), Fla. Stat. (2021), provides, in pertinent part, the following:

    (2) Except as provided in subsection (6), a private entity may not swipe an individual’s driver license or identification card, except for the following purposes:

        (a) To verify the authenticity of a driver license or identification card or to verify the identity of the individual if the individual pays for a good or service with a method other than cash, returns an item, or requests a refund.

 

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In accordance with the foregoing, an association is permitted to “swipe” a driver license but is not permitted to store, sell, or share the personal information collected from swiping the driver license. Although swiping without storing the information is permitted, this author recommends that the association fully avoid swiping the driver license. If the information was inadvertently or even temporarily stored on the device that the association used to swipe the driver license, the association would be in violation of this statute. Note that manually collecting personal information or making a photocopy or other copy of the front of the driver license is not prohibited by the statute and is a far safer practice.

Another question worth addressing is, can the association require a valid United States driver license for any drivers entering the community? Be warned, such a requirement could land the association in hot water. Although the association can likely require any driver entering the community to have a valid driver license, the association cannot require that the license be issued in the United States.

Pursuant to §322.04(1), Fla. Stat. (2021), “a nonresident who is at least 16 years of age and who has in his or her immediate possession a valid noncommercial driver license issued to the nonresident in his or her home state or country” is permitted to operate a vehicle without a Florida license. In other words, a driver with a proper license in another state or another country is legally permitted to drive in Florida as long as they have their valid noncommercial driver license in their possession. Similarly, an association should accept a valid license issued from another state or country for entry into the community.

If the above is not enough to encourage your associations to accept driver licenses from all countries and states, consider that a policy requiring a driver license issued in the United States may be considered a violation of the Fair Housing Act in that doing so may be deemed discrimination based upon national origin and may form the basis of a discrimination lawsuit based on disparate treatment or disparate impact. “Disparate treatment” is an intentional form of discrimination, whereas “disparate impact” discrimination occurs when a policy has an unintentional negative effect on members of a protected class. Thus, while this author is not aware of any such appellate decisions issued in the State of Florida, the last thing any association needs is to be the first defendant in such a Fair Housing Act lawsuit.

 

With regard to all rules adopted by the board of the association, rules regarding who can enter the community are only enforceable if they are within the board’s scope of authority and are reasonable for the purpose. If a rule is outside the board’s scope of authority as set out in the governing documents of the association, or if the rule represents arbitrary or capricious decision-making, such rule will not be enforceable. When adopting rules, remember the following:

  1. The board or the body making the rule must have authority from the governing documents or statute to adopt the rule.
  2. The rule cannot conflict with any rights afforded by documents of higher priority, whether express or implied rights.
  3. The rule must be reasonable. Reasonableness is hard to define, but the case law provides that the rule must be rationally related to a legitimate association objective. The rule cannot be wholly arbitrary or capricious.
  4. The rule cannot contravene any law or compelling public policies.
  5. The rule must be adopted in a procedurally correct manner, which includes proper notice.

 

On a different note, remember that material alterations to the gate area may require a vote of the membership.

In regard to official records and as to homeowners associations, §720.303(5)(c), Fla. Stat. (2021), provides, in relevant part, that although part of the official records of the association, “[i]nformation an association obtains in a gated community in connection with guests’ visits to parcel owners or community residents” are not accessible to members.

As is evident from this discussion, there are many different issues to take into consideration when drafting rules governing who is permitted in your community. To ensure that your rules comply with Florida law, we recommend that the association have its counsel review any rules prior to their adoption.

Jeffrey A. Rembaum, Esq., BCS

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.

 



If you are looking for a company to help with securing your Gates, Doors to your Amenities, Our members can help.

Florida’s Top Access Control System Companies, CCTV, Security Gates and Card Readers. keeping your properties safe and secure. State Approved Members of SFPMA

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Get answers to these questions and more on our new “AI for Building Safety” website… where we’re using AI to help answer questions about Florida’s condo safety law.

Get answers to these questions and more on our new “AI for Building Safety” website… where we’re using AI to help answer questions about Florida’s condo safety law.

  • Posted: Apr 17, 2024
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Get answers to these questions and more on our new “AI for Building Safety” website… where we’re using AI to help answer questions about Florida’s condo safety law.

SRI Consultants…..can help with the questions you may have with the Florida Law SB-4D ( Condo Building Inspections ) 

SRI logo

OUR NEW AI TOOL ANSWERS ALL OF YOUR QUESTIONS ABOUT FLORIDA’S BUILDING SAFETY LAW SB-4D

SRI’s new, experimental website uses AI to help answer questions about Florida’s new building safety law. Do you have questions about milestone inspections? Structural assessment deadlines? Reserves? We’ve got the answers!

 

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Who is: SRI Consultants.

Here at SRI Consultants, Inc., we take pride in what we do. The extra effort and attention to detail put forth by our team ensure you receive the highest quality services available to the industry, all while saving you time and money. Coastal areas like South Florida have a unique need for concrete rehabilitation and protection services predominantly related to assessing structural damage. Our team has specialists in structural engineering, civil engineering, and corrosion engineering at your disposal.

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MILESONE INSPECTIONS

Compliance + Safety. Our milestone inspections mitigate the risks of building failure from structural or electrical deficiencies. Focused on occupant safety, inspections are conducted with strict adherence to county and local requirements.

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ENGINEERING

Technical Expertise. We are experts in our field with certifications from NACE and FL Board of Professional Engineers. Our team offers civil, structural and corrosion engineering services for single & multi-story structures, condos, hotel and motels, cooling towers and seawalls.

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Above are just a few of the services we provide. visit our website to learn more…

Members of SFPMA – Engineers 

 

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BKB Cleaning Company is a pressure washing services company. We provide Roof Cleaning, Gutter Cleaning, Driveway Pressure Cleaning and Window Cleaning

BKB Cleaning Company is a pressure washing services company. We provide Roof Cleaning, Gutter Cleaning, Driveway Pressure Cleaning and Window Cleaning

  • Posted: Apr 16, 2024
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BKB Cleaning Company

954-692-3107

BKB Cleaning Company is a pressure washing services company. We provide Roof Cleaning, Gutter Cleaning, Driveway Pressure Cleaning and Window Cleaning. We service both residential and commercial customers. Call for a free quote.

BKB Cleaning Company serving communities in Parkland, Coral Springs, Margate and Boca Raton. If you are looking for the best pressure washer  for residential and commercial properties.

 

We believe in arriving on time at the customers home, providing extra ordinary service and leaving you happier than when we arrived. We care about our customers property and treat it with great care. Our cleaning process includes no pressure roof cleaning, driveway power washing and power wash fence.

We have the ability to wash with either hot water or cold water. When you wash with hot water you are able to get more dirt off than cold. We give the option to our customer as to which one they want.

We also have the ability to provide soft wash services to ensures that your home walls and roof are safe for years to come. It is safer way of cleaning because no pressure washer is used to apply chemicals or to clean the roof or home. This helps your home and or roof stay clean and safe from damage from a pressure washer. As technology evolves, so must we. That is why we are relentless in researching and testing new ways to get house washing done better and faster. We know the last thing you want is to have someone at your home all day.

 

Brian Bustamante
brian@bkbcleaning.com
954-692-3107

BKB Cleaning Company
6665 NW 75th Pl, Parkland, FL 33067
http://www.bkbcleaning.com
info@bkbcleaning.com

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A Green Guide for Your Building Community

A Green Guide for Your Building Community

The sudden emergence of Kermit the Frog as a box office draw is not an accident—it seems that everywhere, everybody is ‘going green.’ The term is shorthand for a movement of environmental awareness, and it involves everything from the way architects design new construction to the way HOAs recycle their waste.

Search the Directory of top companies being used today by condos and hoa’s all over Florida. sfpma.com

The movement began as an arguably quixotic attempt by activists to arrest global warming and help preserve the environment. But it’s now driven by a different kind of green—money. Going green doesn’t just appease the environmentally conscious; it impacts an HOA’s bottom line. Solar panels drastically reduce the cost of electricity. Better windows further reduce the amount of electricity needed. And then there’s the real estate values.

“There are all kinds of studies that show that, if you’re trying to sell the units, that they will sell quicker and for a higher market value when you can market it as a green, efficient building,” says Suzanne Cook, executive director of the Florida Green Building Coalition. “If you’re trying to rent the units, you will get higher leasing payments and higher occupancy.”

Let’s take a look at how South Florida residential buildings are going green.

Going Green…

Rare is the new residential building development that does not factor environmental concerns into its design. This includes everything from building materials and solar power to the direction the front door faces. The primary piece that has changed is that there’s a greater awareness of how we design the orientation of the building: where sun and shadow is, and where we can use mechanisms that are not necessarily green products, but green design techniques such as solar shades, where we extend the concrete slab out.”

At first blush, this may sound arbitrary, or else influenced a bit too heavily by feng shui. But there are very practical reasons for making the right choices with building orientation. “For example, on south-facing windows, in morning and afternoon sun, when the sun is low and perpendicular to the glass, that’s going to be a higher heat gain,”  So you want to manage where you have that type of exposure.

Architect’s agree, “Anything that shades the window will help, like roof overhangs or canopies, so that the sun’s not shining directly in. Even shading the wall in general,” he says. “If you can keep the sun off the wall or the exterior enclosure, that will help the insulation not have to work as hard.”

These considerations are particularly important in the Sunshine State, where A/C, rather than heat, is the primary energy expenditure. “In Florida, the challenge is that we’re highly dependent on air conditioning, which uses a lot of energy.”  So how do we solve the energy production issue? Do we begin to use fuel cells, or alternate methods like solar power that will help mitigate the consumption of power from our local utility? Questions of this sort keep an architect busy these days.

 

…and Everything Old is New

While Florida has always been, and remains, an epicenter of new construction, the lion’s share of residential buildings were built before the recent surge in green construction. This means that if an HOA wants to go green, it will have to retrofit a building rather than build one from scratch. This speaks to the core of the green movement.

“By the nature of adaptive reuse, or using an existing building, you not only have to look at how much energy is consumed during its operation, but also the energy that’s consumed by construction. So by starting with an existing building, you’re already at your first steps of doing something that’s environmentally friendly, because you’re reusing, instead of taking down and reconstructing.

How Does an Existing Building Go Green?

“When you’re trying to retrofit a residential property, the three primary focuses are to tighten the building envelope and make sure you don’t have leaks, to enhance the insulation, and to make sure the windows are energy efficient,” says Cook. “Those are the big ticket items. But those three things impact the systems of the building, so when you make it tighter and you enhance the efficiency of the insulation and the windows, you impact the size of the air conditioner [required to cool the property]. You actually need less tonnage.”

The bigger-is-better mentality is a trap that many HOAs fall into. We assume that a bigger HVAC unit is more powerful and perhaps more efficient, but that is not necessarily the case. “People tend to do all these retrofit things but they often don’t test their HVAC to see whether it’s the size they actually need,” says Cook. “When you have an oversized air-conditioner, you get all kinds of problems. The air exchanger won’t stay on long enough to get the moisture out of the home, so it feels clammy to the occupant. And while it doesn’t create mold, it gives mold a friendly atmosphere. So realizing that all of the systems with a structure affect each other, you have to really make sure that you understand that building science.”

Understanding that science can lead to big savings. “I recommend higher efficiency in the air conditioning systems, so you can get a higher SEER rating,” says Barry. “The semi-conditioned attic is a big point, because that brings the air conditioning ducts into a semi-conditioned space as opposed to a hot attic. This makes your air conditioning system not have to work as hard, so it’s more efficient that way. The ducts are not bleeding conditioned air into the exterior and sucking in hot humid air and putting it inside.”

New technologies are being placed in existing condo communities on a regular basis in order to cut energy use and reduce their carbon footprint. According to experts, advances are being made in mechanical, electrical and plumbing technologies that affect the types of heating and air conditioning systems that are being used on a daily basis. Boiler controls, cogeneration, solar, low flow fixtures and Energy Star appliances are all examples of improved technology.

Sometimes retrofitting means replacing. “In a lot of existing buildings, we find that removing and replacing the mechanical systems is a better strategy than trying to retrofit them. At the end of the day, there may be a slightly greater upfront cost, but the maintenance and long term operating costs will be much less. So we’re looking at how we update the building and its systems, not just to modify or modernize.

The prevailing wisdom is that “going green” means huge upfront expenses and massive overhauls. It’s not always the case. There are smaller changes buildings can make that also have an impact. Another place boards can look to save money on energy costs is lighting. The traditional “Edison” incandescent light bulb was of course a quantum leap forward from the use of candles, yet only 30 percent of the energy used by incandescent went toward the production of light; 70 percent was wasted as heat energy.

The newest generation of solid-state lighting lasts up to 25 times longer than a standard incandescent bulb and saves up to 80 percent more energy in comparison. Replacing common area lighting with LED [light-emitting diode] bulbs can prove to be cost effective over the long run by reducing both operating and maintenance costs.

“I always suggest upgrading the light bulbs to compact fluorescent, or if the budget permits, LEDs  Mike Smith from BriteLED Lighting in Miami, a Member of SFPMA. “LEDs are great, because they’re energy efficient and they last for a long time. They cost quite a bit more, but because they don’t use as much electricity, your utility bills will go down. They also don’t put out as much heat, so your air conditioner doesn’t have to work as hard, which reduces the utility bill as well.”

In a similar vein, upgrading appliances can also save money. “Another smart idea is using energy-efficient appliances,” Mike says. “Washer-dryers, those types of things, they use a lot of electricity and they’re used regularly, so it’s better to go with something that has an Energy Star rating.”

Next Steps

Three and a half decades after President Carter famously installed solar panels at the White House, the noble idea of going green has started to make good financial sense. “I would say that we’re at a tipping point right now where there’s a common interest between the architect and the developer,  We are seeing that the financial institutions, especially the institutional lenders, are wanting green elements in the project. We’re seeing that on the financing side, this is becoming more and more desired. Those institutions want the building projects that are responsible, as part of their mission.

In short, green is this year’s color—and will be the color for the foreseeable future. As more money is invested in green technologies, and more HOAs realize the money saved by it, the Sunshine State will soon be even greener than it already is.

“For me, the solution in Florida is finding alternative energy sources that are more environmentally friendly and have lower costs, such as fuel cells, solar and wind.  We’re at the beginning of that now but with our air conditioning consumption, that’s where I think the future needs to be: looking at our energy options, versus just using infrastructure and building new infrastructure to accommodate it.

Greg Olear is a freelance writer we have used this article as a base and wish to thank Greg.

 

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Our national team recently completed this striping and sealcoating job in Weston, FL!

Our national team recently completed this striping and sealcoating job in Weston, FL!

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Join us Wednesday at the Palm Beach Condo & HOA Expo!

Make sure to stop by booth 332 and meet a few of our local account managers 😉


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OUR WORK

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    The asphalt sealcoating of parking lots and driving surfaces allows them to resist water and prevent it from contacting the asphalt surface. Water can seep through asphalt, particularly when it is heavy rain.

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People can be confused about the difference between the roles of the Property Manager and the Board of Directors. | SFPMA

People can be confused about the difference between the roles of the Property Manager and the Board of Directors. | SFPMA

For most members of the condo community, the Property Manager is the face of the condo corporation or home owner’s association. They are responsible for day-to-day running of things– they look after the bank accounts, handle the checks, field correspondence, and interact with owners more frequently than the Board does.

by 

Because of this, I find that people can be confused about the difference between the roles of the Property Manager and the Board of Directors.

Are you confused about who does what?

For most members of the condo community, the Property Manager is the face of the condo corporation or home owner’s association. They are responsible for day-to-day running of things– they look after the bank accounts, handle the checks, field correspondence, and interact with owners more frequently than the Board does.

Because of this, I find that people can be confused about the difference between the roles of the Property Manager and the Board of Directors.

 

Why can’t the property manager look after everything?

I’ve heard board members ask “Why can’t I just let my Property Manager look after everything?” and “Isn’t it their job to do this? I don’t have time to look after all of this stuff”. Owners also have trouble knowing who is responsible for what; when should they contact the Board and when should they contact the Property Manager?

In this post, I’ll answer these questions, and hopefully, the difference between the roles of the Property Manager and the Board of Directors will be clear by the end.

 

Understanding the different roles

To understand the different roles, I like to think of a condo like a coffee shop. The property management company is like the staff that keeps the shop running: baristas, managers, cleaners, etc.

They are the people that interact with everyone on a day-to-day basis and do everything to make sure that the coffee shop does everything a coffee shop should. While they have some flexibility to solve problems as they arise, they are not responsible for major decisions — financial or otherwise.

 

What does the board do?

The Board of Directors acts like the corporate executives at the head office. It’s up to them to set the prices, operating procedures, and make the decisions that shape the direction of the company. The success of the enterprise is their responsibility; the staff carry out their decisions.

It’s not the barista’s job to ensure the coffee shop is selling coffee for the optimal price or that the products are the best value. Similarly, the Property Manager isn’t responsible for making the best financial decisions for the condo corporation; they do not have a fiduciary responsibility.

 

What are difference between the roles of the Property Manager and the Board of Directors?

Property Management

  • Manages
  • Under contract to work as agent of condo corporation
  • Work within constraints defined by contact with the board
  • Provide options (e.g., quotes)
  • Implement decisions
  • Is not responsible for saving condo money

Board of Directors

  • Governs
  • Is a fiduciary to the condo corporation
  • Reviews options and renders decisions
  • Oversees the implementation of decisions
  • Seeks cost savings (asks Property Manager to help)

The condo board has the responsibility to make the choices that are in the best interest of the condo corporation. This is why the property management company can’t simply be left to look after everything.

As an entity, the condo Board of Directors is responsible for making all the critical decisions regarding the maintenance of the building/grounds, condo’s finances, and must uphold the Condo Act (provincial legislation), the declaration, bylaws, and rules. It is up to the board to make sure that all the relevant documents are accessible by the owners.

A good Property Manager is a tremendous asset for any condo corporation. They can simplify the job of the board, but they cannot assume the responsibility for that job.

 

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Pat Crosscombe, Founder & CEO  https://boardspace.co/   Thanks Pat for a great article we republished on sfpma for our readers.

 

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HOA Parking Lot Flooded over the weekend?  Now is the time to give  Allstate Resource Management a call!

HOA Parking Lot Flooded over the weekend? Now is the time to give Allstate Resource Management a call!

  • Posted: Mar 27, 2024
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HOA Parking Lot Flooded over the weekend?

 

Now is the time to give

Allstate Resource Management a call!

Our schedule is filling up fast for storm drain cleanings, the rain that occurred this past weekend was a preview of what this summer will look like for your HOA community.

Contact us to talk to a Stormwater Specialist today!

Contact us at 954-382-9766 or info@allstatemanagement.com

Allstate Resource Management | 6900 S.W. 21st Court, Bldg. 9Davie, FL 33404
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