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The Importance of Getting Permits For Additions and Improvements for your properties.

The Importance of Getting Permits For Additions and Improvements for your properties.

  • Posted: Jun 11, 2020
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The Importance of Getting Permits For Additions and Improvements

 

Getting Permits For Work at Your House is Vital

When you consider making improvements or additions to your home, it can be tempting to try and skirt the permit process. In some cities and towns, the cost and hassle of getting a permit can seem unnecessary, especially if you are handy and like to make renovations, or you have a friend who offers to do it for you.

Unfortunately, when you go and try to sell your home, the lack of permits can prove to be a real problem. Buyers may balk at purchasing a home that does not have permits – fearing that the additions may be unsafe or not properly done.

In the end, getting the property permits is always a good idea.

Often a home seller will say to me “I’m selling my home do I need permits for work I have done”? Unfortunately, the answer is usually yes you do.

 

The Temptation Of Avoiding Permits

The temptation to avoid getting a permit for home improvements is something every owner faces at one point or another. It is understandable, as the cost of home improvements and additions is already high in many cases.

The permit process – including the inspection to verify the work is up to standards – can seem like a pain. It may take some time to complete the process, time you may not feel like you have.

Those most tempted to avoid permits are homeowners that are interested in actually saving money by doing the work themselves, or bringing in a friend who has experience in home repair and renovation.

The friend – or inexpensive contractor you hire – may even imply that you do not need to worry about getting a permit. This, of course, is WRONG!

 

The Real Reason Why Most Don’t Pull Permits

The real reason that many homeowners don’t pull permits isn’t that of paying a few hundred bucks to the town hall or the inconvenience that comes with it. Nearly every city and town in America collects taxes bases upon the assessed value of a home. Assessed value is calculated by looking at the size and characteristics of property.

What is the gross living area? How many bedrooms does it have? How many bathrooms? These are all factors in determining an appropriate assessed value.

Guess what happens when the tax assessor knows about the luxurious new finished basement with home theater, wet bar, home gym and beautiful bath you just added. If you guessed your taxes are going up, then you are 100 percent correct.

When no permits have pulled the town most likely will not find out, and your taxes will not take the upward climb, they would have otherwise.

Homeowners can save thousands of dollars over the course of owning a home when permits are not pulled. When selling a home, this becomes very problematic. If and when the town or city finds out about it, the new owner is the one who will bear the brunt of the increased taxes paid.

This will often lead to disputing high property taxes. In the case where the town has not collected taxes in years, it may be harder to get a justified abatement.

 

The Problem With Not Getting Permits

When you go to sell your home, there will always be a home inspection and an appraisal conducted by certified professionals. This is just part of the selling process, and it helps buyers know what they are getting into before they buy the home.

The inspector and appraiser will likely go over your house with a fine-toothed comb, looking over every area to verify that the home is in good working order – sometimes even checking all public records on the home.

There are no requirements for the home inspector or appraiser to check on permits for improvements to the home, but this does not mean someone will not ask about them. The inspector, the appraiser, the buyer and the bank that is doing the lending, all have the ability to request public records from your home, which will include the permits that have been acquired for the home.

A good buyers agent should always ask if there were permits pulled when a significant addition or finished basement has been added. These types of improvements can have a significant impact financially for a new owner.

You can run into major problems when someone discovers that renovations were done to the home without permits. This can, in fact, stop a home sale. There is an especially high risk of getting found out if the improvements were made recently.

The appraiser can see what the house consisted of when you bought it, and will notice if there is not an extra bathroom, deck or finished basement. The bigger the addition or improvement to the home, the more likely that someone will notice that something is off.

 

Buyers Want Certified Work

Unless you are in an extremely tight housing market, where buyers are desperate and will take anything, you can expect people to be concerned with any improvements that do not have the proper permits.

A lack of permits implies several problems to potential buyers, including safety and quality issues.

 

Safety Concerns

Customers want to move into a safe home. They may be planning to start a family, or already have children. They may just be uneasy about any work that was not done by a certified professional.

Part of the permit process is intended to verify that the improvements to a home were made properly, according to regulations, by someone who knows what he or she is doing.

Knowing that all safety rules and standard building practices were observed gives buyers peace of mind. Another would be hiring the local handyman to do electrical wiring a licensed electrician should have done.

In some cases, it is even possible that you may not have insurance coverage if there was a major catastrophe like a fire. The perfect example is the owner who goes out and buys a wood stove for the fireplace and doesn’t bother to pull an installation permit with the fire department.

Good luck getting an insurance claim if the insurance company finds out there are no permits, and the stove was the cause of the fire.

 

Quality Concerns

Safety may be the first thing buyers think about when they see you lack permits, but questions about the quality of the work will come quickly after.

The fact that you do not have a permit makes buyers think that you were trying to cut corners. You may have hired someone that was not fully qualified to do the work, or you may have done the work yourself and not known what you were doing.

Whatever the truth is, buyers will suspect shoddy craftsmanship when there is a missing permit. No one wants to pour hundreds of thousands of dollars into a home with poorly crafted improvements.

A good example here is all the homeowners who had to deal with removing ice dams this past winter. There are a lot of negative things ice dams can do to a home including mold. In cases where mold is bad walls may need to be removed and rebuilt.

If it is bad enough, you may even need to relocate or replace the electrical wiring. Could a homeowner fix this themselves? I am sure many have. That doesn’t mean hiring a professional who pulls a permit for this kind of work is not the right way to go.

 

What Happens When I Don’t Have Building Permits

One of the questions I am often asked by homeowners when they are considering selling is what will happen if I don’t have a building permit for work done on my home. There is no clear cut and dry answer on this but in my experience, the local city or town will ask the homeowner to go through the permitting process.

The owner will, of course, have to pay all necessary fees involved with the construction. Each of the applicable inspectors will also need to come through and inspect the work.

Many homeowners are asking this question because they want to know if the town will make them rip out everything they have built and start from scratch. In my twenty-nice years of selling real estate I have not experienced this.

That, however, does not mean it is not possible. Homeowners should be very apologetic to the local building department when it has been discovered there are no permits pulled.

 

What Are Additional Risks of Not Pulling Permits

One of the other risks of not pulling permits is getting sued later on down the road by the buyer who purchases your home. Unfortunately, we live in a sue-happy society where people are always looking for someone to blame.

When you don’t pull a permit, and something tragic happens years down the road, who do you think they are going to come after?

In Massachusetts when selling a home, it is standard practice that homeowners fill out a form called the “sellers statement of property condition.” Lots of states use these forms.

They are primarily a disclosure of what the seller knows and doesn’t know about the home. One of the first questions on this form asks “have you done any work on the home in which a permit was required.” You better answer this one honestly folks for the reason above I just mentioned!

 

When Do I Need to Pull a Building Permit?

There is no clear cut and dry answer on when you will need to pull a building permit for an improvement to your home. The best way to find out is to pick up the phone and call the local building department or stop in for a face to face.

The building inspector should be able to quickly tell you if you will need a permit for your project or not.

It is safe to assume that anything safety related will require a permit. You can also expect that a permit will be necessary when you are doing something that will significantly alter your home.

One important reminder – When all the work has been completed don’t forget to have a final inspection and get the permit closed out! Over the years I have had several clients who have done the right thing and pulled a building permit but never closed it out once all the work was completed.

Closing out a permit is often called getting a certificate of occupancy. Recently while selling a home, I ran into this exact situation.

The owner pulled an original building permit but never asked for a final inspection, so the project was never filed as completed. Luckily, the building department did not make them do anything special other than getting a final inspection.

You could, however, find yourself in a situation where you are not so lucky if there are code changes between the time the permit is pulled and when you are selling your home. So make sure when the project is completed a final inspection is done, and certificate of occupancy is issued.

Here are some examples of items you will more than likely need a permit for:

  • A finished basement.
  • A bathroom remodel or adding a bathroom.
  • The addition of a deck.
  • The addition of a screened porch.
  • Changing or upgrading your electrical service.

These are just a few quick examples. There are many other items for which you will need to pull a permit.

 

 

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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

PRS_FinalFiles

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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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Property Management and Social Distancing by Concierge Plus Inc.

Property Management and Social Distancing by Concierge Plus Inc.

  • Posted: May 25, 2020
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Property Management and Social Distancing

by Concierge Plus Inc.

COVID-19 has presented new and unique challenges, such as social distancing, which is having a profound effect on the property management industry. The pandemic has accelerated a digital transformation of property management operations, and this is a sharp wake-up call for managers who must be prepared to operate remotely and virtually in a ‘new normal’ environment.

What makes the COVID-19 virus outbreak challenging, is the fact that property management is a ‘people’ business. How do managers keep their staff on the same page when they can’t even be in the same room? How do they get closer to their clients when social distancing keeps them from getting within six feet of them? The solution is to use technology made specifically for the needs of residential property managers. By utilizing communication and tracking tools available in property management platforms, managers can maintain a strong and cohesive operation.

Property managers have two primary responsibilities: to carry out policies set by the board and to manage the community’s daily operations. However, now, residents see managers as trusted advisors and their expertise is being used to guide communities through the pandemic.

The following are a few options to consider as you work to reduce risk in your community.

 

Communication

Communication during crisis situations is crucial and a resident portal is an instrumental channel for managers to effectively communicate with ­­residents. Residents expect to be kept in the loop with important information and welcome the opportunity to have a say with regards to important topics. Managers can use the resident portal to ensure residents are apprised of the latest information. This can be done by sending out announcements on how they are managing the outbreak.

With our Announcements solution, you can create, edit, and distribute announcements easily and effectively by email, text message (SMS) or automated phone call. You should also consider broadcasting announcements via display screens strategically placed in the lobby, and within elevators to maximize the effectiveness of audience engagement.

 

Record keeping

HOAs and condominiums are required to provide access to important documents in the form of document inspection requests, a common practice that will continue even during this pandemic. We expect COVID-19 to affect the normal course of business throughout 2020, especially as we practice social distance and handling physical materials.

Managements should consider uploading community documentation to their resident portal. Using our simple drag-and-drop system, you can upload and distribute documents such as board minutes, forms, by-laws, floor plans, photos, and videos. Permission-based controls allow management to determine exactly who sees what.

 

Amenity bookings

As cities throughout North America gradually gear up for reopening and ease some COVID-19 restrictions, there are proactive measures and legal concerns communities might want to think about when it comes to managing and maintaining amenities like pools and fitness rooms.

We expect residents to no longer be able to use a pool or fitness room without a reservation due to social distancing. Residents will have to reserve an amenity for any available time slot and should receive scheduled reservation notifications.

 

Digital future

With our platform you can streamline the management of amenity bookings with an easy-to-use online form. Email updates are sent automatically when a request is approved or updated. Your residents will love being able to see a detailed list of common amenities as well as a calendar view of their availability. You can even accept online payments for bookings by credit card.

Many property managers have already realized the benefits of running their business on our cloud-based property management platform built with automation at its core. They are using our platform to collect online payments, communicate instantly, support dispersed teams and much more.

It is important to understand that even after the ‘end’ of the coronavirus pandemic, COVID-19 is going to have a lasting impact on how managers and residents communicate for a long time to come. Managers must therefore get ahead of the inevitable digital future of communication within property management.

 

To help property managers and associations navigate these issues, we created a webinar specifically relating to COVID-19. Entitled “COVID-19 and Technology: Resident Communications, Virtual Meetings, and Electronic Voting,” we invited experts in the field of property management technology to give helpful tips and advice for successfully managing a property remotely and virtually in a ‘new normal’ environment.

 

 

 

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PALM BEACH & BROWARD COUNTIES RELEASE NEW OPENING ORDER PROCEDURES AFFECTING COMMUNITY ASSOCIATIONS by Kaye Bender Rembaum

PALM BEACH & BROWARD COUNTIES RELEASE NEW OPENING ORDER PROCEDURES AFFECTING COMMUNITY ASSOCIATIONS by Kaye Bender Rembaum

  • Posted: May 21, 2020
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PALM BEACH & BROWARD COUNTIES RELEASE NEW OPENING ORDER PROCEDURES AFFECTING COMMUNITY ASSOCIATIONS

by Kaye Bender Rembaum

To further address the re-opening of both Palm Beach and Broward Counties new Orders have been issued and are already in effect. Links to each new order are located below this article. In all instances, social distancing and wearing of masks when in public is still advised.

Has your association considered adopting new rules consistent with social distancing policies and wearing of face masks when members are in common areas and common elements? Discussion with your association’s attorney is warranted when preparing such rules for board adoption.

Remember too, so long as the State of Florida remains under a State of Emergency as declared by the Governor (due to expire July 7), the statutory emergency powers remain available to community associations which includes the power to close amenities when based upon the advice of licensed professionals or emergency management officials. With that in mind, after consultation with the aforementioned licensed professionals or emergency management officials, amenities can be closed. Moreover, there is no obligation to open amenities if the board believes, that in its reasonable business judgment, doing so would create an unsafe condition and/ or if compliance with local, state, and federal orders cannot be met.

Our comments to assist your understanding of each of these orders are provided in red text. Stay safe!

 

PALM BEACH COUNTY – ORDER 2020-07

In addition to addressing other re-opening directives, Palm Beach County Order 2020-007 addresses tennis courts, swimming pools along with other amenities. It became effective May 18, 12:01 am.

 

TENNIS COURTS:

Applies to Community Associations

Tennis and outdoor racquet facilities may reopen, and doubles play is permitted, provided that CDC Guidelines, including all social distancing guidelines, are adhered to. In addition, the following restrictions shall apply:

  1. No congregating on the court or sidelines is permitted.
  2. Locker room and shower facilities shall remain closed. Restrooms must be cleaned and disinfected regularly throughout the day. Soap and water or hand sanitizer and/or disinfectant wipes shall be provided in each restroom.

  3. It is the responsibility of staff or management to ensure compliance with this order.

  4. Tennis instruction may be conducted on an individual basis where strict social distancing is followed.

 

COMMUNITY POOLS:

Applies to Community Associations, and while the requirement for on-site supervision is removed, the association is still responsible to ensure compliance!!!

  1. For purposes of this Order, “Community Pools” are defined as any and all pool decks and/or pools, whether of a commercial or noncommercial nature, other than one located on a single family residential lot, a single townhouse unit, or any part of a duplex lot, and which is utilized only by inhabitants of that lot or unit. Examples of Community Pools include, but are not limited to, hotel pools, motel pools, apartment building pools, homeowner association pools, condominium association pools, aquatic centers, or any other facilities that are authorized for use by more than one family.​
  • Community Pools may reopen provided that CDC Guidelines, including all social distancing guidelines, are adhered to. In addition, the following restrictions shall apply:​

  • a. Pool capacity shall be limited to ensure that social distancing in accordance with CDC Guidelines is maintained at all times.

    ​b. Locker room and shower facilities shall remain closed. Restrooms may remain open and shall be cleaned and disinfected regularly throughout the day. Soap and water or hand sanitizer and/or disinfectant wipes shall be provided in each restroom.​

    c. Pool deck seating or lounging shall be restricted to ensure social distancing in accordance with CDC Guidelines.

    d. Staff that is authorized to manage the Community Pool, or their designee, including, but not limited to, Community Pool staff, management company staff, volunteers, board members, or any other authorized persons, shall provide notice, either electronically, by mail, and/or by posting at the Community Pool or any other place where messages are traditionally posted, one or more notices indicating that all users of Community Pools shall abide by any and all social distancing guidelines, including, but not limited to, the CDC Guidelines, and that said users of Community Pools bear the responsibility of such compliance and assume the full risk of utilizing the Community Pools.

    e. Staff that is authorized to manage the Community Pool, or their designee, including, but not limited to, Community Pool staff, management company staff, volunteers, board members, or any other authorized persons, shall ensure compliance with all guidelines and requirements set forth in this Order. Such compliance may be accomplished by any reasonable means, including, but not limited to, periodic spot checks, video or other electronic monitoring, and/or compliance hotlines to allow for reporting of violations that are thereafter promptly investigated. In the event that repeated violations occur, staff authorized to manage the Community Pool, or their designee, shall take corrective action, including, but not limited to, closing the Community Pool, limiting access to the Community Pool on a reservation basis only, and/or limiting access to Community Pools to times when staff is present to monitor for compliance.​

    [Emphasis Added]

     

    RESTRICTION OF RECREATIONAL ACTIVITIES IN PUBLIC PARKS, PRIVATE PARKS, AND NATURAL AREAS:

    While not directly applicable to community associations, this section does provide limited guidance as to how similar amenities are being treated by local government.

    1. All park playgrounds, play and exercise equipment shall remain closed.

    2.  Picnic pavilions shall remain closed.

    3.  Use of water fountains is prohibited.

    4.  Basketball courts may be open.

    1. Tennis, racquetball, and pickleball courts may be open.
  • Recreation buildings and gymnasiums may reopen subject to 50% capacity limitations and social distancing guidelines included in State of Florida Office of the Governor Executive Order 20-112 and related subsequent orders.

  •  

    In addition to addressing other re-opening directives, Palm Beach County Order 2020-007 addresses tennis courts, swimming pools along with other amenities.

    It became effective May 18, 12:01 am. Find it HERE or copy and paste this link into your browser:

    https://kbrlegal.com/wp-content/uploads/2020/05/PBC_EO-7-with-attachment.pdf

     


     

    BROWARD COUNTY ORDER 20-10

    Broward County Order 20-10 addresses re-opening community rooms, fitness centers and gyms in housing developments (i.e., community associations) and re-affirms prior pool re-opening mandates. The order went into effect May 18th at 12:01 am.

     

    Attachment 6: COMMUNITY ROOMS, FITNESS CENTERS, AND GYMS IN HOUSING DEVELOPMENTS

    No community room, fitness center, or gym is required to be opened if the housing development does not wish to do so or believes it cannot do so safely and in full compliance with the requirements of this Emergency Order; any decision by a particular housing development is also subject to any applicable internal rules or regulations of that entity.

     

    A. Capacity Requirements

    1. Maximum 50% occupancy. Social distancing requirements do not apply to members of the same household.

    1. Community rooms, fitness centers, and gyms shall be limited to residents of the housing development only. No guests shall be allowed.
    2. Exercise machines, equipment and tables must be rearranged and/or closed for use to ensure at least 6 feet of distance between patrons using such machines, equipment, or tables. Social distancing guidelines provided by the CDC shall be adhered to at all times.

    3. No gatherings or multi-player games (e.g., mahjong, poker, etc.) are permitted in the community rooms between persons who do not reside in the same household.

     

    B. Sanitation and Safety Requirements

    1. Before reopening, the community room, fitness center, or gym (as applicable) must be thoroughly deep cleaned, disinfected, and sanitized. After opening, community rooms, fitness centers, and gyms must be deep cleaned daily.
  • Housing developments shall provide disinfecting wipes, and residents shall be required to wipe down each machine they used after each use.

  • Hand sanitizer shall be available at the facility. Patrons must be informed that they must sanitize their hands when entering the gym and prior to utilizing each piece of equipment.

  •  

    C. Gym and Fitness Center Amenities

    1. Hot tubs, saunas, steam rooms, and shower facilities shall remain closed.

     

    Section 9: Public Community Pools and Private Club Pools.

    Recreational Pool Amenities as defined in Emergency Order 20-08 that were permitted to operate under that order are excluded from the scope of this Emergency Order and may continue to operate subject to the CDC Guidelines and the requirements of Emergency Order 20-08.​  For your ease of reference as per Broward Order 20-08 these include, “pool decks or pools in multi­ family housing developments, condominium developments, condominium hotels, or single-family homeowner associations (collectively, “housing developments”) provided the pool deck and pool are used only by current residents of the housing development; six (6) foot social distancing CDC guidelines are adhered to; pool deck and pool occupancy are limited to no greater than 50% capacity; and either:​

    (a)   the use of the pool deck and pool are supervised by a sufficient number of employees or other person(s) designated by the housing development during the hours in which they are used to ensure compliance with the requirements of this section, and employees or other designees of the housing development sanitize the facility’s pool chairs, railings, gates, tables, showers, and other equipment at the pool and pool deck on a regular basis; or​

    (b)    all furnishings are removed from the pool deck.

    Any use of pool decks or pool areas that deviate from the CDC Guidelines or these requirements remain prohibited.”​

     

    Broward County Order 20-10 addresses re-opening community rooms, fitness centers and gyms in housing developments (i.e., community associations) and re-affirms prior pool re-opening mandates.

    The order went into effect May 18th at 12:01 am. Find it HERE or copy and paste this link into your browser:

    https://kbrlegal.com/wp-content/uploads/2020/05/Broward_EO-20-10-with-att6.pdf


     

    The Kaye Bender Rembaum Team Remains Available To You and Your Community Association.  Please be Safe. 

    1200 Park Central Boulevard South,
    Pompano Beach, FL. Tel: 954.928.0680

    9121 North Military Trail, Suite 200,
    Palm Beach Gardens, FL. Tel: 561.241.4462

    1211 N. Westshore Boulevard, Suite 409,
    Tampa, FL. Tel: 813.375.0731

     

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    Why Does Bad Debt Happen In Community Associations? by Mitchell Drimmer of Axela

    Why Does Bad Debt Happen In Community Associations? by Mitchell Drimmer of Axela

    • Posted: May 21, 2020
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    Why Does Bad Debt Happen In Community Associations?

    by Mitchell Drimmer of Axela

     

    In your Condo or HOA you are going to have delinquencies every month in good times and bad times. These are bad times and the delinquency rate is only going to increase to levels where hard choices by the board of directors need to be made, If Action is not taken!

    What is an Average Delinquency Rate?

    In normal times CAI (Community Association Institute) estimates that delinquencies fall between 5%-8% but these are not normal times. With the ravages of Covid-19 and the ensuing economic downturn, we can expect delinquency rates to go as high as 35% in some community associations.

    What Happens to a Community with High Delinquencies?

    It is no secret that the lion’s share of the revenue for community associations comes from the assessments that are paid for by the members of the Condo or HOA. So any cash shortfall is going to place a burden on the entire community. Employees need their salaries, vendors want to get paid, supplies need to be purchased, it costs money to keep a Condo or HOA property running.

    So what is to be done if the community has more bills to pay then money in the bank because the owners did not pay their assessments? Hard choices need to be made and attitudes must be adjusted. It all starts from the top and boards of directors of community associations must come to the realization that they have been elected to manage a business. Just like any business there are the leaders of the association and understand that everybody needs to do their part each month to keep the lights on.

    Homeowners Should Prioritize Payment of Community Assessments

    Another attitude adjustment must come from the owners. Some members of Condos and HOAs sometimes feel that their least important financial obligation is to the community which houses them. While it may be true that units are purchased, an important part of the covenant the association has with the members is that they will pay for the maintenance of the association. So even when hard times come, and for sure they are here, the members need to continue to pay their fair share.

    It is all too common that the HOA maintenance bill is at the bottom of a member’s pile of bills and it’s the last one to be paid. If by the time the member gets to that particular bill, there’s not enough money to cover the payment, it may not get paid at all. Other bills get paid first like credit cards, car loans, utilities, and such.

    Yet your most important bill might very well be the community association assessments. The neighborhood that you live in needs to keep the streets safe, services like garbage collection kept up, and the facilities running, not to mention life-safety issues like fire alarms and security.

    Boards of Directors Have a Fiduciary Duty to the Welfare of the ENTIRE Community

    Members of HOAs and Condos live among the elected leadership of the community and have the ability to watch as the board governs the association. This familiarity may be the cause for some owners to consider their obligations to the community less compelling than a utility bill. One does not expect a neighbor to send another neighbor into collections.

    This should never be the case because by not sending in a delinquent owner into collections a board of directors is NOT being good neighbors. They are enabling the delinquency, which will snowball into a larger cost that may not be recoverable. Then the association has to take more serious actions and foreclose on a property and put a family out of their home.

    Bad debt happens to associations who will not communicate to an owner that non-payment is not an option and owners who do not understand that this is a bill that needs to be paid.

     

     

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    Is YOUR Pond A Breeding Ground For Pesky Midge Flies?

    Is YOUR Pond A Breeding Ground For Pesky Midge Flies?

    • Posted: May 14, 2020
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    Midge Fly Control
    An Integrated Management Approach

     

    Lakes, ponds and wetlands are valuable resources for boating and recreation, fishing, drinking water, stormwater collection, aesthetic beauty and wildlife habitat. But they also serve as common breeding grounds for pesky insects like aquatic midge flies, often referred to as “midge bugs” or “blind mosquitoes.” Midge flies belong to a very large and diverse family of aquatic insects. While often thought of as the “cousin” of mosquitoes, midges don’t bite, sting, suck blood or transmit disease. They can, however, become a terrible nuisance and trigger allergies or respiratory issues.

     

    What is a midge? Where are they found?

    Midges thrive near aquatic resources because their egg, larvae and pupae stages must occur in water. They have evolved to populate and prosper under difficult environmental conditions commonly occurring in many of our community lakes and ponds that have excessive nutrient loading, murky water, organic muck accumulation and low dissolved oxygen levels. These same water quality problems that favor midges also prevent midge predators such as fish and other aquatic insects from preying on them. This allows midges to form monocultures across a lake’s bottom and reproduce in extremely large numbers often exceeding 40,000 larvae per square meter. 1,000 larvae per square meter is considered the threshold for nuisance levels. Out-of-control midge larvae populations can become a terrible annoyance, inconvenience and even a health hazard to waterside residents when they metamorphose into adult flies.

     

     

    Negative impact of midges:

    • Their swarms are attracted to lights around businesses, residential areas, and stormwater systems, which can detract from the enjoyment of outdoor activities.
    • Large populations of midges are known to blanket cars, building exteriors and other surfaces, which can stain or damage them over time.
    • Many communities experience a rapid increase in local spider populations reacting to the midge flies as a food source.
    • Residents find their eaves, porches and windows covered in spider webs full of decaying midges and smelling like dead fish.
    • Typically, midges are the biggest nuisance in the spring and fall when adults emerge from the water surface. However, in many states, particularly across the south and Florida, midge fly season is year-round.

     

    An Integrated Midge Management Approach

     

    Managing midge fly populations below nuisance levels requires an integrated approach to achieve successful long-term control—starting with bathymetric mapping of the habitat and a professional larvae assessment. Midge larvae surveys are crucial tools to determine which midge species are present and how to effectively manage them.

    Blood midge larvae, for example, thrive in bottom sediments and must be targeted with an ingestible larvicide. On the other hand, phantom or ‘ghost’ midge larvae flow freely throughout the water column and are targeted with a growth-regulating hormone that prevents them from becoming healthy adults.

    Once larvae surveys are completed, an integrated approach may continue with strategic larvicide treatments to disrupt midge lifecycles, as well as the following management approaches:
    • Balance water quality conditions to prevent algae growth
    • Enhance biological control via predatory fish stocking 
    • Increase circulation and dissolved oxygen levels through aeration 
    • Develop a healthy and diverse shoreline littoral habitat

     

    Balance water quality:

    • Ensure stormwater management facilities are within compliance in order to properly divert watershed runoff containing phosphorus, nitrogen and other pollutants.
    • Use nutrient remediation products like Phoslock, Alum or Biochar to help create balanced water quality conditions that are less hospitable to the algae blooms on which midge larvae feed.
    • To eradicate stubborn algae blooms, work with your lake and pond management professional to arrange the application of EPA-registered algaecides.

     

    Introduce aeration: 

    • Traditional aeration solutions and new technologies like nanobubbles can be used to naturally increase dissolved oxygen levels, thus accelerating the oxidation of undesirable nutrients – the primary food source that filter feeding midge larvae rely on.
    • Raising oxygen levels throughout the water column will allow predatory fish to attack the larvae population hiding in deeper bottom waters and sediments.
    • Increased oxygen levels can help reduce phosphorus, nitrogen and algae growth, improving the lake or pond’s overall water quality, clarity and beauty.

     

    Manage fish populations:

    • Arrange a professional electrofishing assessment to survey your fish population and ensure the proper predatory fish species like Bream and Gambusia are present to feed on midge larvae.
    • Stock the correct quantity of fish for your lake’s or pond’s midge species and density, and restock yearly to maintain abundant fish populations.
    • Consider supporting fish populations with the introduction of automatic fish feeders and habitat structures.

     

    Cultivate a healthy shoreline:

    • Introduce a variety of native flowering species to help limit the negative impacts of nutrient loading. Beneficial plants include arrowhead, pickerelweed, canna lily and blue flag iris.
    • Native vegetative plantings also provide cover and shelter for midge predators including gambusia, bream, amphibians and dragonfly nymphs and adults.
    • Is your shoreline too eroded to plant? Install a biodegradable shoreline erosion control system like coconut coir logs or ShoreSOX to restore banks and hillsides for more than 10 years.

     

     

    Find Your Solution

    With SOLitude Lake Management

    Looking for sustainable long-term control of your algae or aquatic weed problems? Considering  fisheries management assistance? Need help with water quality testing? Trying to find the perfect pond aeration system for your aquatic ecosystem?

    Whatever your lake and pond management needs may be, SOLitude Lake Management has the answer. Simply fill out the form ( Click Find Your Solution ) and let us know how we can help. We look forward to helping you find your lake or pond management solution.

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    Finding the top Companies that work in our Industry is important for Property Managers Condo & HOA Board Members.

    Finding the top Companies that work in our Industry is important for Property Managers Condo & HOA Board Members.

    • Posted: May 12, 2020
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    It starts with: Membership and being listed on the Florida Directory.

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

    Board Members that represent Condos and HOA’s all over Florida. Property Management Companies, Property Owners and Private Landlords that wish to stay informed and up to date with our industry.  For these people having a reliable source is important to them and with our goal of “Having a Trusted Member to care for their Properties either through Management, Business Related Services or Maintenance Services” is what they get!

     

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

    “Start forming lasting relationships in the Property Management Industry”

     

    Sign up On-Line Today: Select what you do?  – Fill out the information Form,  – Become a member!

    You should take advantage of professional associations it allows you to meet like minded professionals and opens up opportunities for future business ventures and lifelong partnerships. 
    1. You are listed on the Website Members Directory.
    2. You are also listed on the Florida Rising Magazine Directory.
    3. Write Articles (our Blog) we send to the Industry Professionals, Let them get to know what you do!
    4. Take out Advertising in the Magazine and Write Articles ( Half Page and Full Page Ads)
    5. We also each month help our members by giving them Free Ads for a few months so the readers can learn more about you
    Get Listed this year: Business Memberships
    (these are set at recurring auto billed each year)

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

     

    Property Managers

    Listing your Company on the Directory is important

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

    Business

    Using the right company the first time solves your problem faster

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

    Service Vendors

    When they are looking for the highly trained companies who are licensed, bonded and insured that is what they get!

    Many property managers use the companies on the Florida Directory for faster quality repairs in the buildings and communities they manage, this equates to happier residents, fewer high-priced emergency repair bills and cost savings overall.

     

     

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    Reshaping Large Construction Projects Webinar this Thursday, May 7th at 2pm! by The Falcon Group

    Reshaping Large Construction Projects Webinar this Thursday, May 7th at 2pm! by The Falcon Group

    • Posted: May 06, 2020
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    Don’t forget to sign up for the:

    Reshaping Large Construction Projects Webinar this Thursday, May 7th at 2pm!

    Be Proactive, Educated and Engaged
    #thefalcongroup

    Sign Up Info:
    Email: PFoltanski@falconengineering.com
    Subject: Large Construction Projects
    Body: Please provide your Full Name, Company, Address, Phone Number and if you are a CMCA

    “The STRENGTH of the TEAM is each individual MEMBER. The STRENGTH of each MEMBER is the TEAM.”

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    Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

    Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

    • Posted: May 06, 2020
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    Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

    by Kaye Bender Rembaum

    In response to our article below, we have received inquiries from readers  regarding the ability of an  association located in Palm Beach County to use volunteers to provide the pool  monitoring as required by Palm  Beach County Emergency Order Number 5.

    In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.

     


     

    Webinar: Association Continuity During COVID-19

    Register Today

    Thursday, May 7, 2020

    12 Noon to 1:00pm

    Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

    Panelists include:

    Craig Vaughan, Castle Group President

    Michael S. Bender, Esq., BCS

    Jeffrey A. Rembaum, Esq., BCS

    Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

     

    Register to Attend HERE

     

     


    In addition, based upon an April 28, 2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.

     

    With that in mind,  if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration: 

     

    1) If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.

    2) Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?

    3) Does the association have insurance coverage in place to cover acts of volunteers?

    4) Does the association have volunteer workers comp type coverage in place?

     

    Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools.  The following links are provided for your reference:

    Palm Beach County Emergency Order Number 5

    The Palm Beach County Website April 28 posting related to volunteers  

    Remember to also discuss the re-opening plan with your association’s legal counsel. 

     

    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.

    http://KBRLegal.com

     

     

     

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    Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

    Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

    • Posted: May 04, 2020
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    Re-opening Amenities In Times Of Uncertainty pt. 1

    by Kaye Bender Rembaum

    The re-opening of amenities is anything but easy due to the local Orders being promulgated by Palm Beach, Broward and Miami-Dade Counties. Please be sure to review your County’s specific order(s) to ensure your association remains in compliance. These Orders have similarities but are also VERY different.

    A link to the recent re-opening Orders follows:

    Palm Beach County, Emergency Order Number 5

    Broward County, Emergency Order 20-08

    Miami-Dade County, Emergency Order 21020

     

    As to the Palm Beach County Order, take note that that staff and management are responsible to ensure compliance with the Order with respect to the tennis/racquet court facilities, and that one or more facility staff or management must be present at the pool to monitor and “ensure compliance with the restrictions of the Order.” However, it is not at all clear what measures must be taken to “ensure compliance with this Order.” We do not think it would be sufficient to only post a sign setting forth the CDC Guidelines and the additional restrictions in the Order. Although the tennis/racquet court facilities guidelines, unlike the community pool guidelines, do not require personnel to be present at the tennis/racquet courts to monitor and ensure compliance, in our opinion the board should consider some type of responsible monitoring.


     

    Webinar: Association Continuity During COVID-19

    Register Today

    Thursday, May 7, 2020

    12 Noon to 1:00pm

    Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

    Panelists include:

    Craig Vaughan, Castle Group President

    Michael S. Bender, Esq., BCS

    Jeffrey A. Rembaum, Esq., BCS

    Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

     

    Register to Attend HERE

     

     


    With respect to a swimming pool in Palm Beach County, “facility staff or management” must be present at the pool whenever it is open to monitor and ensure compliance with the restrictions set out in the Order, including social distancing and pool bathroom sanitation. If that cannot be accomplished, then the pool and or bathrooms should remain closed.

     

    When opening a swimming pool in Broward County, their Order provides that the pool may not operate at more than 50% capacity. In person supervision in addition to sanitizing gates, railings and showers is required if the pool deck furnishings are left in place. However, by removing the furnishings, the wording of the Order seems to indicate the need to sanitize gates, railings and showers has been eliminated.  If the decision by the Board is to reopen the pool, whether the furnishings remain or are removed a level of reasonable cleaning/sanitizing should be maintained, as necessary maintenance remains a continuing obligation of the association with regard to common elements/areas, which would require sanitizing the pool gates, handrails, doors, bathrooms and the like minimally as the association normally would,  but clearly should be performed more frequently during these times.

     

    Residents of Miami-Dade County will have to wait a while longer to be able to use their association swimming pool because their Order does not yet address opening association swimming pools.

     

    We have heard that certain county staff are giving their personal interpretations of the Order(s) in response to questions from board members. If you think that relying on these unofficial and unauthorized interpretations will shield your association from immunity, think again! It is far more likely that staff interpretations of the County Orders will not provide any protection whatsoever, most especially if a resident contracts Covid-19 and a lawsuit is brought against the association. Until local governments revise their Orders to provide missing clarity, the plain language, conservative interpretation of these Orders should be followed to help ensure your association is protected as much as possible under the circumstances. Remember, too, that an association can have stricter requirements than those set out in the orders, but cannot adopt less strict requirements.

     

    It is also unclear from the Orders how governmental enforcement of the restrictions is to occur by the County or any municipality, as it seems very (very) unlikely that there will be patrols driving around to check on compliance. Even if such patrols did exist, they could not hope to keep up. The more likely scenario is that the self-reporting of violations could possibly lead to monetary or other penalties against the association. Clearly, if the Board is of the opinion that the requirements in their County’s Order cannot be met at this time, it or are removed is certainly within the reasonable business judgment of the Board to keep those amenities closed. However, that said, reasonable business judgment should not be used by a board to make a decision to open amenities where the board believes it lacks the ability to be fully compliant with their county’s local Orders.

     

     

    We encourage board members to contact their association’s legal counsel for guidance regarding reopening any tennis/racquet courts and/or pool facility, and to continue to monitor the guidelines, directives and orders issued by the CDC and the applicable local authorities. Stay safe.

     

    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.

    http://KBRLegal.com

     

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