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O&S Engineers & Architects, performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program.

Posted: Feb 27, 2020
By: Admin SFPMA
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O&S Engineers & Architects

Members of SFPMA: Find out more how we can help with your Florida buildings, O&S Engineers & Architects

O&S Engineers & Architects is a multi-discipline engineering and architectural consulting firm specializing in the assessment, design and restoration of high-rise communities, commercial buildings and parking garages.

Since 1996, our staff of licensed professionals have consistently and successfully produced positive results on numerous projects ranging from small properties to large developments. O&S has an impressive portfolio in numerous markets.

O&S provides:

40/50 Year Recertification
Architectural Design
Structural & Civil Engineering
Mechanical, Electrical & Plumbing Engineering & Design
Capital Reserve Studies & Turnover Reports
Concrete Restoration
Building Envelope Design & Restoration
Balcony & Deck Restoration
Storm Damage Assessments & Inspections
Parking Garage Design & Restoration

For more information please follow us on social media or visit our website.

West Point Military Academy required a comprehensive structural assessment and exterior envelope renovation of the following buildings: Building 639, Water Treatment Plant, Scott Barracks, Eisenhower Barracks, The Fire House, and the Library Building. O&S Associates performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program. O&S prepared repair drawings and technical specifications and made periodic observations of construction as part of construction management services.

The restoration of the buildings’ repairs was comprised of replacing the existing roofing with new cold-applied, built-up roofing, renovation of all exterior brick and stone façade elements, reconstruction of cracked and bulged brick masonry parapet wall, replacement of cracked and spalled brick masonry, removal and reinstallation of coping stones with new cap flashing, tuck pointing of brick and stone masonry, and installation of new windows, window sealants, and application of new surface sealer for the entire façade. Total cost of restoration was $14.2 million. O&S was selected to study the exterior envelope of several buildings at the West Point Military Academy and develop a repair program for a multi-year renovation project.

The existing roofing system at each building was deteriorated and leaking in multiple areas. All six buildings required a new roofing system. The total size of the roofs was approximately 800,000 square feet. The existing brick façade of building 639 needed extensive reconstruction. The water treatment plant, Eisenhower barracks, Scott barracks, and library building had ornate stone facade, cornices, and copings stones that needed careful design and construction.

Firehouse Building: The firehouse consists of a single-story, four-vehicle garage; a two-story center portion; and a single-story portion located to the left of the two-story portion. The garage portion and the single-story portion has a flat roof, and the two-story portion has a hip roof with roofing tiles (asbestos tiles). O&S provided the following repair program:

Replacement of flat roof
Removal and disposal of existing asbestos tiles at the two-story portion (asbestos abatement) and installation of new roofing shingles
Removal and reinstallation of precast coping stones with lead-coated copper cap flashing
Replacement of corroded lintels
Rebuilding of cracked corners
Tuckpointing of deteriorated mortar joints
Pressure wash clean and apply waterproof coating on inside face of parapet walls
Pressure wash clean brick facia and coping stones and apply water-repellent surface sealer
Remove joint deteriorated joint sealants and install mortar joints
Repairs were approximately $170,000

Building 639: Building 639 is an L-shaped building with five roof setbacks. The original building was built in 1937. O&S provided the following repair program:

Reconstruction of three corners with proper through-wall flashings and cap flashings
Existing limestone copings removed, saved, cleaned and reinstalled
Reconstruction of all other corners to introduce proper expansion joints at corners
Removal of about five courses of face brick or removal of limestone facia and reinstallation of the same after steel repairs
Replacement of deteriorated and/or spalled brick masonry as required
Introduction of two new vertical expansion joints on the North and South Building Elevations
Tuck-pointing of deteriorated mortar joints
Cleaning, sealing, and pointing of existing limestone copings
Cleaning by pressure washing and sealing the exterior brick masonry with clear penetrating water repellent sealer
Repairs were approximately $440,000

Wastewater Treatment Plant: The original water filtration facility was constructed in 1931. Several building additions have been made over the years in 1936, 1944, and 1945. O&S provided the following repair program:

Removal of all existing roofing and installation of new roofing
Removal of all coping stones, installation of new lead coated copper cap flashing, and termination of the roofing flashing underneath the cap flashing, and reinstallation of the coping stones with new anchors
Removal of sealants from the perimeter of all windows, doors, joints and openings and installing new sealants
Removal of delaminated concrete from walls and repair using polymer-modified mortar
Tuckpointing of cracked, deteriorated, and open wall joints
Repair of cracked corners of stone headers, sills, and stone trims around doors, windows, and openings
Replacement of rotted wood planking with new pressure treated plywood for roofing planks in Building B
Replacement of rotted wood beams with new beams in Building B
Repairs were approximately $570,000

Scott Barracks: The Scott Barracks consists of a main roof, approximately 166’ long by 46’ wide with three small high roofs. The rear parapet wall is 4’ high and the front and all other parapet walls are 7’ high. All walls are built with exterior stone facing and interior brick facing and with precast coping stones. O&S provided the following repair program:

Removal of precast coping stones, installing cap flashing, and reinstallation of the coping stones with new anchors
Removal of all sealants in mortar joints from the inside face of the brick walls and tuckpointing the brick facia as needed
Repair of precast stones that are chipped using repair mortars that match the stone
Repairs were approximately $245,000

Project Data:

O&S Associates was responsible for A/E Design, Construction Management, and Construction Administration on this 5-year Design/Build IDIQ at the United States Military Academy at West Point. The five-year contract included work at restoration work at multiple buildings around the campus. Most buildings were historic structures. The campus repairs included roof restoration, roof replacement, exterior wall restoration, asbestos abatement, waterproofing, and other related services. O&S also provided Construction Inspection services for the Waste Water Treatment Plant, the Library, the Firehouse, several barracks, and some educational buildings. Each set of buildings had different issues related to water infiltration. As part of the Design/Build team, O&S was responsible for ensuring the cost, quality, and schedule for the project.

Special Features:

O&S provided construction inspection services for multiple historic buildings at West Point Military Academy. Building 639 is an “L” shaped building with five roof setbacks. The original building was built in 1937. O&S provided a comprehensive repair program that included the introduction of two new vertical expansion joints on the North and South Building Elevations. The original water filtration facility was constructed in 1931. Several building additions have been made over the years in 1936, 1944, and 1945. O&S provided a complete replacement of the entire roofing system. O&S also provided services for other buildings at the West Point Military Academy Campus including the Library, Holleder Hall, Old Chapel Building, and the Eisenhower Barracks.

Owner:

United States Military Academy at West Point
Construction Cost: $14.2 million

Tags: Members Articles

There are a lot more reasons to own a golf car, than just golf!

Posted: Feb 10, 2020
By: Admin SFPMA
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Have you been going back and forth on whether you should buy a golf car? There are a lot more reasons to own one than just golf. Add a few of these reasons to your pro list!

Getting around the neighborhood – Is your child’s bus stop not around the corner? Use the golf car to take them to and from. Plus add on an enclosure to keep everyone dry on those rainy mornings! Do you have a large neighborhood? Decorate your car for Halloween and take it around trick or treating! Plus use the car to get to the neighborhood clubhouse or pool. Maybe even up to the corner store.

2. Large Property – Do you love to garden but hate lugging the bags of soil or plant food out to your garden? There are utility cars such as the Yamaha Umax built just for that! If you have animals it is also great to carry food and supplies out to their enclosures. With a utility bed and easy unlock for dumping this utility car has it all!

3. Recreation – Do you love to go camping or fishing? A golf car is a great outdoors vehicle. There are even ones built for this such as the Yamaha UMAX Rally 2+2. This allows you to drive through any terrain while getting around your campsite or fishing spot.

4. Affordability – Golf cars are an affordable option compared to a car. An electric vehicle can be way more than the average budget allows but an electric golf car can be as low as $3,000 used. Golf cars come in both gas and electric and offer the flexibility of low gas consumption.

5. Work Vehicles – Do you own a company that could use the flexibility of a golf car? Do you work for an apartment or condo association where maintenance equipment needs to be transported? Does your work complex spread a large distance and having a golf cart to go between departments would save time and therefore money? All of these are great reasons for businesses to use golf cars!

6. Storage – Golf cars take up so little space you can easily store them in the garage or a storage shed. You can even keep them on a patio if needed. They are also easy to transport due to their size. A 5′ x 7′ trailer will easily transport one wherever you need it.

Last but not least golf cars are fun! You can customize them for what you want and need. Including decorating them for parades and holidays!

If you’re in the market and have any questions please contact us. We sell new and used Yamaha products to view our current inventory please visit our website. If there is anything you like but do not currently see it in our stock feel free to reach out and we can get you a quote!

The Golf Car Connection

954-946-8008

Looking for a new or used Golf Cart? Look no further! Golf Car Connection makes it easy to find new and used golf cars for sale.

Tags: Florida Rising Magazine, Members Articles

Five tips for new HOA board members

Posted: Jan 16, 2020
By: Admin SFPMA
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Five tips for new HOA board members, From our friends at Vesta Property Services.

Welcome to the board! Being a new HOA board member, you are going to be wearing many different hats and stepping into a few challenging roles to help make sure your HOA is running smoothly. Now that you’ve been elected, the big question is…What’s next?

For many newly elected board members it is their first time in the position, presenting a pretty steep learning curve. Lucky for you, Vesta has a few tips to get you more comfortable in your new position.

Just follow these board member basics and you’ll have all the tools you need to become the best board member you can be!

1. Understand your role

While you volunteered for this position, you also should realize that it is not to be taken lightly. The board is responsible for the management of all aspects of the association. You are a key element in ensuring that your association continues to operate and that all of the residents are happy with the HOA they chose to live in. Vesta has an article on understanding the roles of the HOA board that you can read here.

The best way to quickly learn how your association achieves these goals is to read your association covenants, by-laws and other governing documents. Don’t be afraid to ask veteran board members about their responsibilities and the minutia of the job. Often experience is the best teacher, so talking to seasoned board members is a great way to figure out what to do and more importantly, what not to do.

2. Team up with a great property management company that you can trust

If your board works with a property management company that you trust to do right by your community, you can use them as a resource to help you ease into your new role! Working effectively with your management company is a great way to make sure you’re getting everything you can out of what they offer.

Having a close relationship with your HOA’s CAM will open doors for you and the rest of your board that will lead to efficient and effective methods of management. As a part of their services, your CAM should be providing you and your residents with clear communication in enforcing your association’s policies and assisting with your budget, financials and even managing your vendors!

3. Participate

If you want your board to be effective, all board members should be participating, both during and between meetings. Make sure you’re going to every meeting you can, volunteering for projects and taking an active role in the management of your community.

Everyone on the board should be doing whatever they can to make every meeting count. When a meeting is run poorly, more issues are created than solved. While making sure your meetings are productive can be a tall order, it can really be as simple as following procedure, reading the agenda, keeping accurate minutes and reviewing what was discussed at the end of the meeting.

You can find some tips about leading productive board meetings here.

4. Communicate

Many of your neighbors will probably agree that communication between the board and community is vital to the success of a community. Transparency is necessary if you want to maintain a positive relationship between your board and your neighbors. Make sure you keep your community informed about issues, ideas and changes that are going on in the community you both live in.

5. Take advantage of the Community Associations Institute

In their own words, CAI is an international membership organization dedicated to building better communities. CAI serves community associations by providing guidance through seminars, workshops, conferences and education programs for community managers and other industry professionals.

CAI offers many educational services including online training and in-person workshops that you can attend. Many property management companies also host board certification classes that you can attend

Volunteering for your community is rewarding and challenging; it’s important to take some time now to learn about your role as a board member and how to best serve your association. Following these guidelines is a great way to ensure your transition is smooth and that you enjoy your time on the HOA board!

Tags: Condo and HOA, Condo and HOA Board of Directors, Management News, Members Articles

Association Foreclosures Are Obsolete

Posted: Jan 10, 2020
By: Admin SFPMA
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Association Foreclosures Are Obsolete

The Foreclosure Process and How HOAs Recover Money

In a condo or HOA the normal method to collect delinquent maintenance fees is to send an owner to the attorney. The attorney will then move the process through the courts. This means foreclosure for delinquent maintenance fees. The object is to foreclose and take “intervening title” on properties.

It’s “intervening title” because in most cases the unit still has a mortgage. Soon enough the lender is coming for their collateral. The association can hold title but they cannot sell the unit as it may have a debt attached to it. With luck the association can get this title without too much expense and rent out the unit. That is the only way the association can recover money if somebody does not bid the unit when it goes for sale.

The association foreclosure worked in the past but now it is becoming obsolete.

The rental revenue may cover losses for maintenance fees. It may also cover the rehabilitation of the unit, commissions and marketing of the unit to a renter. There are also the legal costs & fees that the association spent to get the title.

With luck the association can hold on to this unit long enough to recover their money. Its a hard way to recover delinquent maintenance fees. It is also an obsolete maneuver to foreclose to recover money.

This is how it has always been, especially during the real estate meltdown of the last decade. Now, the times they are a changing.

New Law Proposed in FL Removes Ability for Associations to Collect Rents

In Florida, an amendment to Florida Statute § 697.07 has been proposed. This new law will entitle banks to step in and take those rents. In essence this completely neutralizes the benefit of foreclosure for community associations.

Delinquent maintenance fees, legal costs, late fees, late interest will remain a loss. Only the lender will benefit when an association forecloses. In other words there will be no good reason for a community association to foreclose on a unit. They will not be able to monetize it should they prevail in court.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

New Law Proposed in SC Removes Foreclosure as an Option for HOAs

In South Carolina a bill pre-filed this month would prohibit HOAs from foreclosing at all. This bill would strip this power from associations. “Real property used as a primary residence may not be sold if the action was instituted by a homeowners association attempting to collect unpaid dues, fee, or fines”, the proposed bill states.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

Association foreclosures are likely to become less common nationwide. This is a good thing! Community associations and their attorneys have long abused this power. Small debts get inflated with legal fees, and the case gets moved to foreclosure. Ultimately this does little to benefit the association.

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

The Real Estate Meltdown is Over, But We’re Acting Like It’s Still Going On

People are fallible and don’t always manage their financial affairs well. Such people need a wake up call, NOT their home confiscated.

In 2009, during the height of the real estate meltdown, many properties did not have equity. Originally purchased by “Flippers and investors,” many were simply abandoned. Banks were stalling foreclosure and these properties were sitting there rotting. In those times it made good sense for the association to rush to the courthouse and foreclose on delinquent units.

Today most homes have equity and are appreciating in value. It’s unlikely the current owners would let the property be taken from them if they can avoid it. If equity outweighs the debt it would be foolish to lose a property. Most units delinquent in their maintenance payments will pay without legal intervention.

A Viable Alternative to Foreclosure Is Available for Smart Community Associations

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

Retaining a collection agency that specializes in community association debt is becoming an increasingly popular option.

Many collection agencies work on a contingency basis, while Lawyers get paid regardless of the outcome of the cases they take. This means collection agencies are much more motivated to seek a timely resolution.

Less Negative Impact on Community Members

Strategies employed by debt collectors have a much lower impact on your community. With a strategy of engagement and education, these agencies are looking to resolve issues and improve communications within the community. This is done with the use of proper notifications, outbound calls, credit bureau reporting, letters sent to mortgage holders, placing of liens, and other techniques.

Frankly, association foreclosure on delinquent owners is obsolete. Even without the change in the laws this method to collect on delinquencies needs to be reconsidered.

It’s time for management companies and boards of directors to think how the future collects and engage specialized collection companies to collect delinquent condo and HOA debts.

Tags: Condo and HOA Collections, Members Articles

Community Associations Threatened With Website Litigation Under the ADA

Posted: Dec 30, 2019
By: Admin SFPMA
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Community Associations Threatened With Website Litigation Under the ADA

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.

So what does pizza have to do with a community association website?

Frankly, not a darn thing. It appears that the lawyers and firms threatening these specious lawsuits are conveniently conflating the obligations found under Title III of the ADA for places of public accommodation with the different set of obligations found in the Fair Housing Amendments Act (FHA) for housing providers.

Or, these lawyers are simply trying to avoid application of the ADA altogether since most private residential communities are not considered places of public accommodation. The ADA requires that every owner, lessor or operator of a “place of public accommodation” provides equal access to users who meet ADA standards for disability.

These lawsuits are attempting to apply the ADA standards for websites to housing providers impacted by the FHA.

These threatened website lawsuits are uniform in style (mostly forms sent in mass) and generally allege that a “tester” was unable to navigate an association’s website, resulting in a discriminatory impact on those who are visually impaired.

The suits allege that community association websites were not accessible to visually impaired persons thus violating the FHA. Community associations are considered housing providers under the FHA and, as such, must make reasonable accommodations for residents and guests with verifiable disabilities.

This is true in the realm of service and support animal requests and these new website lawsuits attempt to expand that obligation to include visually impaired visitors to an association website. It is curious that these testers did not reach out first and request that the allegedly deficient websites be modified for a visually impaired person to more easily navigate the site. Instead, demands are being summarily sent to community associations statewide who have websites in an attempt to reach a quick settlement.

The demand letters offer a conditional release for payment of “reasonable attorney fees” because the attorney sending the letter claims the firm is entitled to compensation for work completed to investigate, research and determine the community association’s noncompliance.

Of course one cottage industry begets another. In addition to a handful of law firms who believe they can generate some revenue with these tester lawsuits, we now also have a number of companies advising communities that they can make their websites compliant for fees ranging anywhere from $2,000-$5,000 and annual hosting around $300-$1,000 per year.

In actuality, the cost depends on the content and functionality of the website including the number of features that must be optimized for the visually impaired. There are also some solutions that are free depending on the website platform.

Many of the demands and threatened lawsuits appear to lack any merit and seem to be merely an attempt to obtain a quick settlement payment from community associations or their insurers.

Many of the communities who have been threatened have website features that are password-protected, are accessible only to owners, or don’t have the features that are the subject of the complaint, so the allegations appear to be specious.

While we can debate the merits of these tester lawsuits and even seek legislative clarification in the upcoming 2020 Legislative Session, in the interim, associations with websites need to speak with experienced counsel to confirm whether or not their association’s website must have the necessary software for disabled users.

This confirmation is particularly important if your community uses its website to list properties for sale or lease. As for the attorneys who have decided to send out these blanket demands without the benefit of further investigation, let’s hope they have a change of heart when associations push back.

Donna DiMaggio Berger is a board certified specialist in condominium and planned development law, a shareholder at Becker Law and the executive director of the Community Association Leadership Lobby.

Tags: Condo and HOA, Condo and HOA Laws, Law and Legal, Management News, Members Articles

Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

Posted: Dec 17, 2019
By: Admin SFPMA
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If You Have Been Injured in a Slip and Fall Accident
Follow These 7 Important Steps

Find us on the Members Directory on SFPMA – The Maus Law Firm

1) Seek Medical Attention

This is your first step. Always to seek medical attention to ensure your injuries are documented. Schedule a Fort Lauderdale slip and fall attorney consultation as soon as you are well enough to visit.

2) GET PHOTOS

Facts are important. Document the location of the fall, store employees near, and the condition that caused you to fall.

3) DO NOT GIVE A RECORDED STATEMENT – YOU ARE NOT REQUIRED TO GIVE A STATEMENT.

They’re taking a statement to help their position – NOT to help YOU.
Our Fort Lauderdale slip and fall lawyers advise clients that if the business or insurance company contacts them, refer them to us. The calls will stop.

4) REQUEST AN INCIDENT REPORT

Businesses and insurance companies are infamous for the defenses they use when a person gets injured on their property.

5) REQUEST IN-STORE VIDEO SURVEILLANCE BE PRESERVED

This should be done in writing, and as soon as possible. Most businesses’ video recorders will tape over whatever is recorded after time.

6) GET WITNESS NAMES AND CONTACT INFORMATION

There is strength in numbers.

7) DOCUMENT YOUR INJURIES

Don’t wait!

Get the Help You Need from a Top Fort Lauderdale Slip and Fall Attorney
You deserve an experienced lawyer in slip and fall accidents and premises liability cases. Speak to a Fort Lauderdale slip and fall attorney in our office to have your questions answered.
Call 1-855-999-5297 today or visit us at www.mauslawfirm.com

Tags: Law and Legal, Management News, Members Articles

Protecting Tenants at Foreclosure Act of 2009

Posted: Dec 09, 2019
By: Admin SFPMA
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Protecting Tenants at Foreclosure Act of 2009

Resurrected and Here to Stay

by KBR Legal/ Jeffrey Rembaum, Esq.

On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing.

The federal law was known as “Protecting Tenants at Foreclosure Act of 2009”. It generally provided that a bona fide tenant was authorized to remain in a residential unit that was acquired by a new party through foreclosure for the balance of the unexpired term of the lease, unless the unit was acquired by a party that intended to occupy the unit, in which case the tenant was authorized to remain in the unit for ninety days after receiving a notice to vacate.

For purposes of the federal law, a “bona fide tenant” was a tenant who was not the mortgagor or the parent, spouse, or child of the mortgagor and who was under a lease that was the result of an arms-length transaction where rent was not substantially lower than fair market value.

The federal law assured that residential tenants would have a reasonable amount of time to plan and find alternative housing after the unit they were renting was foreclosed and acquired by a new party. However, it also assisted community associations in finding desirable tenants to rent units they owned through the foreclosure of the association’s assessment lien for a fair market value, which then helped the association recoup unpaid assessments and bad debt otherwise attributable to the unit.

The protections of the federal law were intended to “sunset”, which is a term meaning ”to expire”, on December 31, 2012. However, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) later extended the sunset date to December 31, 2014. Once the federal law finally expired on January 1, 2015, tenants of residential property in Florida no longer had any special protection from eviction by parties acquiring such units by foreclosure.

Then, approximately six month later, the Florida legislature adopted its own version of the law as part of the Florida Residential Landlord and Tenant Act. Specifically, section 83.561, Florida Statutes, became effective on June 15, 2015, and provides that “if a tenant is occupying a residential premises that is the subject of a foreclosure sale, the purchaser named in the certificate of title is permitted to give a tenant a thirty day notice to vacate and the tenant must comply”. Therefore, as of June 15, 2015, residential tenants had a much shorter timeframe of thirty days’ notice to vacate a unit acquired by foreclosure.

Finally, on June 23, 2018, the federal Protecting Tenants at Foreclosure Act became effective again. It no longer contains any sunset or expiration date; so it is here to stay. Since a federal law will supersede a Florida law when it is more stringent, the provisions of the Federal Protecting Tenants at Foreclosure Act giving tenants more time to vacate residential property after it is acquired by a new party through foreclosure will apply to transactions in Florida despite the shorter timeframe provided by state statute.

Kaye Bender Rembaum, Attorneys at Law

Palm Beach Office
Gardens Professional Center
9121 N. Military Trail,
Suite 200
Palm Beach Gardens, FL 33410
Phone: (561) 241-4462
Fax: (561) 223-3957

Broward Office
1200 Park Central Blvd. S.
Pompano Beach, FL 33064
Phone: (954) 928-0680
Fax: (954) 772-0319

Tampa Office
1211 North Westshore Blvd
suite 409
Tampa, Fl 33607
Phone: 813-375-0731

Tags: Landlord & Tenant Issues, Law and Legal, Management News, Members Articles

Holiday season is here! As Floridians, we are no strangers to stressful traffic conditions.

Posted: Dec 05, 2019
By: Admin SFPMA
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Holiday season is here! As Floridians, we are no strangers to stressful traffic conditions. Those everyday conditions combined with holiday shopping and increased tourism can unfortunately lead to an uptick in auto accidents. Here is some helpful information in case you or a loved one is involved in an auto accident this season. As always, if you need us, give us a call at 407-478-4878

Important Legal Tips To Protect You After An Accident

By Brett Sahm, Esq.

What do you think the number one tactic is that an at-fault driver’s insurance company will use against you?

ANSWER: If you are injured in the accident, the other driver’s insurance company will try to make the case that you were injured before the accident.

Even if you were feeling completely fine before the accident, the insurance company will attempt to blame some portion of your injuries, pain, suffering, and medical bills on something that happened in your past.

You might be saying to yourself:

“If I didn’t feel pain, or seek medical treatment, for several months or years before this car accident, why would they claim that my injury wasn’t solely related to the car accident?”

The answer resides in Florida standard jury instruction 501.5, entitled “other contributing causes of damages.” Under 501.5, a judge instructs Florida jurors to determine which percentage of a plaintiff’s injury was due to a pre-existing condition, and which percentage of the injury was due to THIS accident (the exacerbation of a pre-existing condition and/or a brand new injury).

If an insurance company can point to anything which may have contributed to your current injury – such as, a prior car accident (even a fender bender), a prior sports injury, a prior fall of bike accident, lifting heavy weights, working a tough job with manual labor, a prior surgery – the insurance company will do everything they can to shift blame to those prior occurrences.

Why?

Because their goal is to persuade the jury to attribute a smaller percentage of the blame to this accident. If the jury only assigns 50% of the blame for the injury to this accident, the insurance company saves thousands of dollars and you lose thousands of dollars.

So, knowing that this is ALWAYS the insurance company’s main strategy, what can you do to help yourself after an accident?

Here are my main tips.

1. Watch what you tell your doctor and watch what you put on your medical intake forms.

Everything you tell your doctor is subsequently put into your medical records. Medical records can make or break a case. If you talk about prior injuries, prior pain, strenuous work, lifting heavy weights, that all goes into the medical records.

If it goes into the medical records, the insurance company will see it, and they will use it as a sword against you. Do not give them ammunition to use against you!

2. In certain instances, you will not be able to keep prior medical conditions out of the medical records.

For example, if you had prior lumbar/lower back surgery, you will need to tell that to your chiropractor or orthopedic. Also, the fact that you had surgery is obvious from the MRIs. However, be sure to tell your doctor how long you were pain free prior to this accident.

How long was life sailing along smoothly before this accident? Tell that to your doctor. Also, and this is extremely important, get the actual films from your previous MRIs and make sure to give them to your attorney. If your prior lumbar MRI shows two bulging discs and one herniated disc, and your new MRI shows five herniated discs, then you have clear evidence of exacerbation of the previous injury and also a brand new injury.

Therefore, the most important thing is to have all your MRI films so that a radiologist or orthopedic can compare what was going on before with what is going on now. If something new is going on now, then the insurance company can’t blame it on some past event(s).

3. Photographs matter!

Although someone can get seriously injured from a minor impact, perception matters to a jury. If you have a small dent in your bumper, no matter how hurt you may be, do you really think that your average juror will believe that your injuries are solely from this accident? Probably not.

So what can you do about it?

Well, first off, if there was major damage to the vehicles from this accident, make sure to get a lot of photographs of both vehicles (and your body if there is bruising, cuts, etc.). The more damage in this accident, the easier for a jury to believe that this was the accident that caused all your injuries.

Second, if you have been in prior accidents, and they were fender benders or minor, give your attorney photos of the damage from those accidents. As I said about comparing the MRI films to show an exacerbated or new injury, we can show pictures of both accidents for the proposition that this accident was markedly worse than the last one.

4. Do not offer up information to any insurance company.

Sometimes, the at-fault driver’s insurance company will want you to give a recorded statement after the accident, or they want you to sign a medical record release.

First off, get an attorney. Once you are represented, everything has to go through your attorney, and your attorney will be keen to the game the insurance company is playing. You might say to yourself: well, it’s clear that the other person is at-fault, maybe I can save money by just working with the insurance company myself instead of retaining an attorney.

The problem is: you don’t know the game, and they are masters of the game. Chances are, they will find something out about your past medical history, or they will be sneaky and find out that you played high school football, and then they won’t offer you money for your claim because they’ll say your injuries arose from your prior accidents or activities.

Don’t do this. Don’t do recorded statements. Don’t offer them any information without seeking counsel.

5. Gather all of your prior medical records

Be sure to include routine primary care physician records for the last 10 years and provide these to your attorney. Chances are that the latest records before the accident will show reduced, diminished, or non-existent pain levels.

Perhaps the visit was for something completely unrelated, and you had no pain. This is good. It shows that this accident caused the pain, and you weren’t seeing a doctor for this pain for an extended time prior to THIS accident.

Prior medical history can actually be used by your attorney to help your case.

6. Think about what you could do before THIS accident versus WHAT you could do after the accident.

Was life limited in some way? How?

Here’s an example: could you work at a certain occupation before the accident that you can’t work at now because of extended standing or sitting?

I had a client get in a serious accident after having just received a job offer which would have been a substantial increase in pay. She had to decline the job because she was not able to physically perform it. But she could have performed it before the accident. Proof of things like this can help with the current injury versus pre-existing injury argument.

7. How you present yourself matters, whether it’s online or at a deposition.

Ultimately, a jury will decide your case. Either that, or the insurance company will make an offer to settle before trial. You often are the most important factor in your case!

Are you believable? Are you likeable? Do you come across as genuine and honest? Do you dress professionally? Are you making an attempt at growth in your life? All of these things matter.

That’s why your deposition is so important. It is your opportunity to relay the truth to opposing counsel. While a prior injury will be targeted by opposing counsel in his/her questioning, you can make it clear that you were pain free before and you are impaired now. You can state all of the things you could do before the accident that you can’t do now. You can tell opposing counsel all of your friends and family who will testify regarding your condition before and after the accident.

But the most important thing is whether the opposing counsel thinks a jury will believe you. Do you come across as someone who is genuine and likeable? Or, do you come across as someone who is exaggerating her symptoms? My biggest pre-suit settlements are those where opposing counsel has taken the deposition of my client, and my client comes across as educated, hard-working, disciplined, and eloquent.

People have sympathy for those who are truly trying to improve their situation (routinely going to doctors, independently seeking knowledge of how to help themselves), but simply cannot because of the injury. Your attorney will help you prepare for the deposition.

There’s one important point that your attorney will likely tell you: if you can’t truly remember seeking prior medical treatment for any prior injuries, don’t simply offer up what you think.

Along the same lines, if you can’t specifically remember doing anything strenuous which could cause injuries, don’t simply say you “think” you did something. Remember, the opposing attorney is trying to discover a prior medical history of similar injuries, or a prior history of things you did that could have contributed to an injury (even if you didn’t specifically seek out treatment).

Do not offer up information unless you are certain about the information. Everything, and I mean everything, from your past will be used against you in an attempt to get reduced damages from a jury. So, be careful what you offer up freely.

Tags: Business Articles, Management News, Members Articles

We are Running a Florida Rising Magazine – Cover Picture Contest.

Posted: Nov 13, 2019
By: Admin SFPMA
Comments: Comments Off on We are Running a Florida Rising Magazine – Cover Picture Contest.

We are Running a Cover Picture Contest.

Submit to this page Florida Pictures for consideration. We will select the winner to be the DEC 2019 Cover

– If your picture is Selected We will Place your company on a Full Page ( With a Great Bio and Article, Letting our industry know more about You!)

Think of Pictures showing Condo & HOA along with Property Management In Florida!
With Voting Season coming – December we will learn more about Voting for Officers, How it is Accomplished, Some stories on how things go bad, and new companies ready to help with Voting for your Condo and HOA’s
Please include your Info: so we can contact you, most will be from a FB, LI or Email – we can IM you with our decision..

This closes on 27, November 2019. So we can have a few days to place the company information

You can also send the pictures in an Email: FloridaRising@sfpma.com

Best of Luck to the Winner..

SFPMA

Tags: Condo and HOA, Management News, Members Articles, SFPMA Social Media

Please make a lifesaving donation to the Leukemia & Lymphoma Society

Posted: Oct 26, 2019
By: Cohen Law Firm
Comments: Comments Off on Please make a lifesaving donation to the Leukemia & Lymphoma Society

Please make a lifesaving donation to the Leukemia & Lymphoma Society

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

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

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

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

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

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

With the Utmost Gratitude,
Harvey V. Cohen, President

Here’s how your donation to LLS helps.

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

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

Supporting our Members

Tags: Management News, Members Articles, SFPMA Social Media

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

Five tips for new HOA board members

Five tips for new HOA board members, From our friends at Vesta Property Services.

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Protecting Tenants at Foreclosure Act of 2009