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Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

  • Posted: Jul 16, 2020
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Essential Hurricane Preparedness Guidebook for Florida Community Associations

by KatzmanChandler

Anticipating an active 2020 Atlantic hurricane season, the Florida Community Association Law Firm of Katzman Chandler today released its annual “Hurricane Preparedness and Recovery Guide for Community Associations” to help Florida communities protect their properties and safeguard community residents during what experts say will be a significantly more active storm season.

The Hurricane Preparedness and Recovery Guide for Community Associations entitled, “READY… SET… RECOVER” is immediately available for download online at the Katzman Chandler website (www.KatzmanChandler.com). Community Association Coalition Leaders throughout the State may also request and obtain printed copies of “READY… SET… RECOVER” for distribution to their member Community Associations by contacting info@KatzmanChandler.com or by calling Toll Free 800-987-6518.

The National Oceanic and Atmospheric Administration, (NOAA) on May 22, 2020 announced its prediction of an above-average hurricane season with 13 to 19 named storms and 6 to 10 hurricanes – with 3 to 6 classified as “major” (Category 3, 4 or 5) hurricanes, with winds of 111 mph or greater. In 2005, the most active storm season in recorded history saw a total of 28 named storms, including 15 hurricanes – 7 classified as “major,” including hurricanes Katrina and Wilma, which caused extensive property destruction and devastation to the livelihoods of millions of Floridians. While a typical hurricane by itself is a formidable adversary, navigating both pre and post hurricane conditions during the COVID-19 pandemic may prove to be exponentially more complicated – making early and complete preparation more important than ever.

“Because insurance companies are in the money-making business and accordingly, are financially motivated to deny or underpay claims, it is vitally important that volunteer Boards obtain legal advice when both purchasing their coverage and filing claims,” said Leigh C. Katzman, Esq., Founding Partner, Katzman Chandler. “The days of trying to successfully go it alone against insurance giants and a system designed to underpay policy holders are truly over. The Florida Legislature in 2011 shortened the time frame to file a claim, supplemental claim or reopened claim from 5 years to 3 years making it even more crucial that boards be prepared to act quickly and decisively when disaster strikes.”

“READY… SET… RECOVER, specifically assists Community Associations and their Management professionals to identify areas of concern, and to properly and fully prepare before a disaster strikes,” said Mary Ann Chandler, Esq., Managing Partner, Katzman Chandler.

 

The Katzman Chandler Hurricane Preparedness and Recovery Guide for Community Associations is arranged into four (4) main sections for ease of use:

  • The first section, “An Ounce of Prevention…” addresses routine planning and preparedness measures that are recommended to be undertaken before, or at the latest, in the early weeks of Hurricane Season.
  • The second section, “The Calm Before the Storm…” addresses actions to be taken when a Tropical Storm, Hurricane Watch or Hurricane Warning is issued for your area.
  • The third section, “Triage and the Initial Road to Recovery…” addresses the immediate and continuing actions to be taken to repair and rebuild your Community in the aftermath of a storm.
  • The fourth and final section, “It’s Your Insurer’s Turn to Write the Check…” describes the insurance claim and recovery process.

 

 

Katzman Chandler is a Full Service Florida Law Firm devoted to all aspects of Community Association representation. We are truly “Committed to Community” and evidence this commitment each day through Passion, Experience and Technology. Our Passion is clear in our dedication to identifying unique solutions to issues and concerns affecting our Clients. Our Experience is evident in our ability to utilize our skills and knowledge to provide our Clients with the highest quality work product and out-of-the-box strategies in the most cost-efficient manner. However, our Passion and Experience come together in our unique use and leveraging of Technology. Our utilization of Technology allows us to provide our clients with state-of-the-art features and programs that complement superior legal representation, and are second to none.

Regardless of the size of your community, Katzman Chandler is dedicated to meeting your needs, achieving your goals and exceeding your expectations. Our services include General Corporate Representation, Delinquent Account Collection, Litigation, Covenant Enforcement, Document Amendment/Rewrite, Property Insurance Damage Claim Recovery, and Construction Defect Representation. Katzman Chandler can be reached by calling Toll Free 800-987-6518 or via email at info@KatzmanChandler.com. Information about the Law Firm can be requested through their website which can be found at www.KatzmanChandler.com.

 

“If there is a single downside to living under the Florida sun, it is the risk of a significant storm impacting our homes and way of life.”

However, in times of need, members of the Katzman Chandler family of clients can rest assured that their interests are represented by some of the best attorneys in the industry.

“READY… SET… RECOVER” is immediately available for download online at the Katzman Chandler website by clicking here.

by Leigh Katzman, ESQ., Katzman Chandler

 

 

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Lake Management and Hurricane Season, by AllState Resource Management

Lake Management and Hurricane Season, by AllState Resource Management

  • Posted: Jul 16, 2020
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Lake Management and Hurricane Season

by AllState Resource Management

Many South Florida homeowners are not aware of the critical role their community lakes play in managing stormwater and mitigating local area flooding. With the start of this year’s hurricane season around the corner, now is the time to make sure that our lakes and waterways are ready to deal with whatever nature throws at us. The problem of flooding is a real issue here because our homes are built on relatively flat, low-lying ground. The thin layer of soil under our feet can become saturated quickly, and sits on a cap of coral rock that only allows for a slow flow of water down to the aquifers below. This, combined with the possibility of large amounts of precipitation in short periods of time creates conditions for major flooding in our urban areas.
When developers create residential communities and commercial areas, they need to take into account how much water needs to be stored or moved in order to prevent the project from flooding during major rain events. Through careful planning and design, they route stormwater away from our homes and into a system of lakes and canals. The size and number of lakes in our communities are a result of those calculations. Lakes are dug to create a storage area for water runoff from storms. The fill dug from the lakes is then used to raise the elevation of the homes around them.
Using a system of drains and pipes the water is directed from the developed areas down into the lakes. Some community lakes use weirs or culverts to connect them to the municipal canal system. This allows them to move excess water off the property once they reach a certain level. The system works well but requires regular maintenance in order to ensure that it works properly when needed. Scheduled inspections of storm drains and weirs is important to keep the water moving off our streets and properties efficiently.
These structures accumulate silt and debris, and will occasionally need to be cleaned out. The lakes themselves also need to be regularly inspected and maintained
Even though they are primarily man-made storm water basins, they do evolve and become living ecosystems like naturally occurring waterbodies. Aquatic vegetation begins to grow in all lakes eventually, and much like our lawns, require regular attention in order to avoid become overgrown. Exotic species such as hydrilla, hygrophila, and rotala grow quickly and can spread throughout acres of lake in a matter of months or less. Such infestations are not only unsightly, but all those weeds are filling up the lake and taking up space meant to hold stormwater runoff.
Floating weeds such as water lettuce and water hyacinth can rapidly cover a lake surface, clogging and even damaging weirs and other outflows. Excessive growth of vegetation near culverts and drain pipes can slow the flow of stormwater both into and out of the lake, causing backups of the system. The longer these plants are left to grow unmanaged, the harder the problem is to get under control and the longer it will take. Large scale infestations need to be treated in stages with regulated wait times between treatments. This is done in order to not deplete the dissolved oxygen in the whole lake. The other problem with established infestations is that the plants have had time to mature and grow extensive roots systems. These root systems allow the plants to re-grow quickly after initial treatments and quite frequently require multiple follow up treatments to bring under control. Even once treated, the herbicides take time to work and the plants take time to decompose and settle to the bottom. Unfortunately, tropical storm events do not wait until conditions are best suited to deal with the results.
The best way to make sure your community is protected is to be proactive and maintain your system regularly. Regular scheduled maintenance ensures that aquatic vegetation is kept at levels that don’t compromise your stormwater system and can potentially avoid costly repairs to its components.
Hurricane season corresponds with the time of year when these plants grow and spread the fastest due to the long, sunny days. We have learned that being prepared for hurricane season means taking precautions before the storm arrives. That wisdom should also definitely apply to
our first line of defense against flood damage in our communities.
Thank You to Colleen Sullivan for this Article.
Author: Stephen Montgomery / Senior Biologist
Allstate Resource Management   Members of SFPMA
– Over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management. Our services include lake management, wetland management, stormwater inspections and maintenance, erosion control, fish stocking, native plantings, debris removal, water quality, aquatic pest control, and upland management.
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Read the FLORIDA RISING MAGAZINE July 2020 Edition

Read the FLORIDA RISING MAGAZINE July 2020 Edition

  • Posted: Jul 09, 2020
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Read the FLORIDA RISING MAGAZINE July 2020 Edition

Have a Great Weekend!

July 2014 we Started the Magazine / Now in our 6th Year! 

https://joom.ag/8RNC
Direct Link to the July Issue
or Click the Cover!

As of June SFPMA has cancelled the contract with the Design Company due to contract issues:  Late Editions, Design Issues and other. We wish them well on the other business they have ongoing.

What this means for THE FLORIDA RISING MAGAZINE is: My Team will again publish and design the magazine as we did since its beginning! We are updating all areas, and will have the new sections ready for Aug 2020-  Thank You

If you are a Member of SFPMA and would like to contribute Articles Send them to us: membership@sfpma.com

We are here to help our Florida Companies that are having a harder time getting up and running, Contact Us we are happy to give you an Ad in the Magazine for a few months!

We send to over 214,000 Emails of Managers, Condo and HOA Owners and Board Members, Our Member Companies and many others who wish to have the magazine sent to them monthly. 

We do have advertising and some of the best rates / our Goal is: Get you in front of the Decision makers, Let them learn how you can help them.

Our Special Thanks to our Sponsors

 

Partners and Members

 

 

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The Plan – Identifying the Potential Consequences of a Disaster by BECKER

The Plan – Identifying the Potential Consequences of a Disaster by BECKER

  • Posted: Jul 01, 2020
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The Plan – Identifying the Potential Consequences of a Disaster

by BECKER

 

The first step toward developing and implementing a disaster plan is identifying the potential consequences of a disaster. The second step is to develop and implement a plan to mitigate the impact of a disaster to the fullest extent possible.

Evacuation

Emergency evacuation routes and special instructions regarding use of elevators and stairwells should be clearly posted. Don’t forget to rehearse evacuation procedures on a periodic basis.

Destruction of Real Property

Damage or destruction of real property is often the primary claim and causes the greatest hardship. The main areas of concern include:

  • Buildings and other structures
  • Landscaping
  • Roads and Pathways

Damage to Personal Property

The items most at risk during a disaster are furniture, fixtures, and personal property. The items of most concern include:

  • Electronic equipment, data and other forms of technology
  • Indoor and outdoor furniture, art, lighting, pool equipment, pool furniture and assorted fixtures
  • Documents and important papers such as governing documents, Association surveys, plans, insurance policies.
  • Rental and owner records and personnel files
  • Accounting records
  • Vehicles and equipment

Injury or Loss of Life

Carbon monoxide poisoning, heart attacks and drowning are the top three causes of death as a result of a hurricane. People over 75 are particularly at risk. Identify “high risk” individuals with disabilities or medical needs requiring special attention when preparing your community’s disaster plan.

Relocation

Your disaster plan should anticipate not only the possibility of a total casualty loss, but also the need to relocate, temporarily or permanently, depending on the level of impact. While many communities are able to clean up storm debris promptly, many others will remain in turmoil for quite some time after being impacted by a disaster. After Hurricane Opal and the BP Oil spill, some owners were unable to rent out their units which resulted in a loss of significant income to them and, in some cases, ultimately resulted in the loss of the property to foreclosure.

Impact on Employees

The board should consider the emotional impact a storm’s approach has on the association employees, particularly an onsite manager. Association employees will not only be responsible for preparing the community for a storm’s approach, but they are also concerned about preparing their own homes and families for the potential disaster.

Associations are well advised to task their attorneys with creating a reasonable approach to these pre- and post-storm employee policies.

Economic Impact

The economic impact of a disaster can be extensive. Unit owners displaced from work may be unable to meet their financial obligations to the association. Uninsured, underinsured or non-covered losses under both the association’s policy as well as the owner’s policy may require the board to pass special assessments. The higher cost of goods and services resulting from shortages further compounds the problem in the shortterm.

In sum, the impacts of a disaster will vary from event to event. It is advisable to prepare for all possibilities.

 


 

Becker Shareholder Donna DiMaggio Berger will join CASTLE for episode 12 of their webinar series “Combatting COVID-19 In Your Community Association,” on July 8 at 12:00 p.m.

She will be joined by CASTLE founder and CEO James Donnelly.

Register now: http://ow.ly/QCxl50Aneca #Webinar #CommunityAssociations #BeckerFTL

 

 


Planning for a disaster

Designation of a Disaster Coordinator or Disaster Committee

The ability of a community association to minimize its damages and speed up its recovery depends in large part upon its preparation.

Every disaster plan should include having a person or committee in place prior to the disaster with full authority to implement the Disaster Plan.

Designation of an Information Facilitator

In times of crisis, communication is key. A major hurdle to recovery is rumor and misinformation; both can hamper successful recovery efforts. An information facilitator can help to stop the rumor mill in its tracks. Today’s computer and smart phone technology provide the ideal vehicles to communicate with residents. Every association should have its own website, which can be a great resource for disseminating information and staying in touch with the unit owners. A text messaging system for community members is also valuable for disseminating information quickly.

Home and cell phone numbers must be collected before a disaster and stored in a safe, easily accessible location.

A properly prepared plan will include plans for temporary relocation of residents in situations where the community must be evacuated. This can include Red Cross or other emergency shelters, hotels, schools, or staying with family members in other cities.

Now that the Florida Legislature has granted emergency powers to boards, a board may require the evacuation of the property in the event that the local or state authority has declared a mandatory evacuation order. Owners who refuse to abide by that evacuation order do so at their own risk and without the possibility of pursuing the association for loss of life or injury to themselves or their property. Boards can also declare the property unfit for entry or occupancy based upon the advice of experts retained by the board or on the advice of emergency management officials.

Photographic Imaging

Your plan should include annual preparation of a date stamped video and photo documentation of the community such as all of the common areas, each unit owner’s home, the association’s office and property.

Digital technology and photographic records can be conveniently and safely stored off premises and easily retrieved, if needed.

What should be photographed?

Specifically include:

  1. Inside and outside of buildings and premises
  2. equipment, computers and books
  3. accounting records
  4. insurance policies, bank accounts, personnel records, records of units/ unit owners, as-built plans and specifications

You should prepare an inventory including the date, place of purchase, and purchase price of each item of personal property.

Community Emergency Response Team (CERT)

Many shared ownership communities have already taken the positive step of undergoing CERT training under the auspices of FEMA. A Community Emergency Response Team (CERT) can fill the large gap that often results when a disaster overwhelms local emergency services. CERT teams are trained in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. CERT members are encouraged to support emergency response agencies by taking a more active role in emergency preparedness projects in their communities.

Your board’s quick response in accordance with your disaster plan will minimize damage and promote a speedy recovery.

 


 

ACTIVATING THE DISASTER PLAN

Hurricane Preparedness and Recovery Guide

Following a disaster, the disaster coordinator and information facilitator move into action. The information facilitator opens lines of communications with the owners. The disaster coordinator contacts emergency services and notifies the contractors and employees, advising of their duties and needs. In some cases, it may be necessary to suspend or cancel on-going contracts such as lawn and pool maintenance. Hopefully, a provision was made in the contract for such right of suspension without monetary penalty in disaster situations when the contracted services are no longer needed. There certainly is no reason to pay to hedge the bushes when they have all blown away!

Knowing the whereabouts of all residents greatly enhances emergency response time following a disaster. In a situation such as a hurricane, in which there is advance warning, a committee should ascertain which residents are remaining in the community and which are evacuating. A temporary destination address and phone number should be obtained from those who are evacuating. Once disaster strikes, the board’s first action should be to direct emergency medical assistance to any residents in need. Naturally, if the community is under a mandatory evacuation order, that order should be obeyed by all.

Be sure to attend to the injured and secure the community from acts of vandalism and looting. Be sure to remove all storm debris.

“Drying In”/”Shoring Up” the building structures in order to mitigate against further damage.

“Drying Out” is the removal, where necessary, of wet carpet, wall board, cabinets, etc. when necessary to prevent the growth of mold.

The insurance carrier for the community must be notified immediately at the conclusion of the storm.

If the insurance carrier is not able to promptly inspect and document the damage from the storm, it may elect to deny the claim.

 

 

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WHAT NOT TO PUT DOWN YOUR GARBAGE DISPOSALS by Ron Giles of PRS

WHAT NOT TO PUT DOWN YOUR GARBAGE DISPOSALS by Ron Giles of PRS

  • Posted: Jun 17, 2020
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WHAT NOT TO PUT DOWN YOUR GARBAGE DISPOSALS

by Ron Giles of PRS

After many uses, garbage disposal blades need sharping. Just a hand full of ice can do the job. Another tip is put the drain plug in the garbage disposal. Fill the kitchen sink full of water. Turn on the garbage disposal and pull the plug.

 

1. Grease or oil. Just because it is out of sight does not mean the garbage disposal “disposed” of it. Usually, it solidifies and begins to build up in your pipes. Not good.
2. Vegetable peels. You might get away with it from time to time, but odds are, eventually this one will catch up with you–and leave you a soupy backfilled mess in your sink. Garbage disposals do not do too many peels–they’ll spit them up like an unhappy infant.
3. Egg shells. Believe or not, the membrane on the inside of the egg can wrap around the blades and wreak havoc. Better just to compost them.
4. Coffee Grounds. These seem like they go down fine, but over time, the little grounds build up like sediment in the pipes, causing all sorts of trouble.
5. Pits or seeds. Think: peach pits, avocado pits, cherries, etc. I am sure this one goes without mentioning, but it will basically rattle around in there like a pinball of destruction.
6. Bones. I know, again, duh.
7. Anything in bulk. Feed your disposal small meals, let it grind it up, then add more.
8. Garbage. Think: cigarette butts or paper. It is not really designed for those sorts of things and will get testy.
9. Rice and pasta. I did not know this. Basically, every time you turn the water on, the pasta and rice will continue to expand–even after your supposedly ground it up.
10. Stringy veggies. Think: celery, artichokes, carrots, corn husks, or even some types of lettuce. The stringy parts can wrap around the blades, causing resistance on the blades.
11. Potato Peels. These suckers can cause a soupy mess in your disposal down the road—even if you think you can get away with dumping them down the drain from time to time. The same goes for other starchy vegetables and beans.
12. Harsh Chemicals. Do not mistake your kitchen sink for a chemistry laboratory. The grinding components of most garbage disposals are made of galvanized steel which can corrode when contacted with strong chemicals like bleaching powder and such cleaning agents.
13. Onion Skins. The onion skin can get caught in the blades, but the worst thing is the will cause clogs down the pipes.
14. Pumpkins. Anyone who carved a pumpkin for Halloween knows how sticky they are. When thrown down a garbage disposal though they are juicy and slimy they will stick on to the grinding blades and form a clog. The only way to get rid of a pumpkin clog is by dismantling the pipes and cleaning it.
15. Corn Husk. Corn husks are some of the most fibrous items you can find in a kitchen. They are extremely difficult to grind and should never ever end up in a disposal.
16. Seafood. While you may feel confident that seafood like shrimp can be disposed of safely in a garbage disposal that’s not the case. Instead of going down the pipes they will form a white little ball that will clog the disposal. No matter what magical remedies you try dismantling the pipes is the only option that will work.

 

 

 

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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

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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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