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In order to properly adjust any claim for damage to a structure, it is important to prepare a detailed repair estimate. Sarasohn & Company will do that on your behalf. Whenever necessary, we will employ the services of architects, engineers, contractors and other independent experts at no additional cost to you.
Full consideration is given to the provisions of your policy, as well as applicable statutes and case law, so as to maximize the recovery. This includes consideration of depreciation, coinsurance, code upgrades, deductibles and any other factors important to a successful adjustment. Sarasohn & Company is also equipped to provide project management for the reconstruction process. Project management is a field used in large construction projects to coordinate the various aspects of the repairs. This service is provided at no additional cost.
All insurance policies require the submission of a complete inventory of both the damaged and undamaged personal property. This includes machinery, trade fixtures, appliances, merchandise inventory, household furnishings, clothing and all other movable property insured under the policy. This coverage also covers improvements and betterments on tenants’ policies, which can be treated several ways for claims purposes.
Sarasohn & Company has on its staff, experienced personnel who are capable of filling these requirements. In addition to listing the property involved, our experts will calculate the replacement cost and actual cash value of each item as well as the repair cost when appropriate. We will determine salvage value, if any, and help arrange for protection of the property from further damage, as required by the policy. Our services can be helpful in documenting your tax loss, if any.
One of the most complex aspects of your claim involves calculating the loss of income you will suffer as a direct result of damage to real or personal property. Sarasohn’s long term experience has helped to develop a team of forensic accountants who have proven to be outstanding in their ability to adjust claims in a way most favorable to the policyholder. The services of CPA’s and tax attorneys are engaged when necessary, at no additional cost to you.
One of the questions that usually arise in a loss of income claim involves the continuation of payroll during the period of restoration. It is extremely important that a method be established as soon as possible after the loss, to resolve this aspect of the claim. Sarasohn & Company, with its years of experience will assist you with these important decisions. Extra expense coverage can be used creatively to make up for insufficient property coverage, should that scenario exist.
Stephen Sarasohn SPPA
stephensarasohn@gmail.com
Public Adjusters since 1924
www.sarasohn.net
561-368-5000 office
561-866-3589 cell
Tags: Insurance, Management News, Members Articles, Public Adjuster Articles
Following the hot, humid weather that accompanies summer, the fall season brings a sigh of relief with less intense sunshine and cooler temperatures. Just as the trees reflect the changing of the seasons, your water resources can also experience change. Fall is a perfect window to complete lasting maintenance. It’s important to stay on top of lake and pond management to facilitate fall recreational activities and to ensure you can enjoy it to its full potential come spring.
As algae and vegetation growth subside, there are many opportunities to tackle management projects that could not be accommodated during the summer. Erosion around shorelines often becomes more visible and this short window before winter is perfect to introduce a bioengineered shoreline using SOX Solutions. Depending on the size of the affected area, SOX can be installed within a few days or weeks to anchor sediment in place. It can then be planted with grass or sod to restore aesthetic beauty to the landscape around your waterbody. The knitted mesh system’s strength and integrity ensure the transformation is safe and long-lasting.
In addition to addressing dangerous erosion issues, the shoreline should be examined for woody vegetation and invasive plants like Phragmites australis, both of which should be physically removed to prevent further destabilization and potential damage to stormwater equipment. Native buffer species should be trimmed and the clippings should be removed from the site. Likewise, falling leaves, grass clippings, and other fall materials should be cleared to ensure they do not enter the water, decay, and create harmful water quality imbalances that could encourage algae growth come spring. Plant matter is also known to clog stormwater equipment and floating fountains.
If erosion and plant decay have accumulated over many years due to lack of proactive management, it may be time to restore depth in affected areas with hydro-raking. A hydro-rake is a floating barge with a mounted backhoe that can gather up to 500 pounds of muck in each scoop and deposit it on the land for disposal. Because a hydro-rake works from the water, it does not impact delicate shorelines. Fall is a perfect time for hydro-raking projects so the accumulation of leaves, branches, and decomposing plant matter can be removed before they negatively impact water quality conditions later in the year.
That brings us to aeration. If your lake or pond has a fountain, now is the perfect time to schedule an ‘oil and seals’ service, which should be performed every three years. For those who live in colder climates, you may desire removal and winter storage for your fountain. If so, this should be completed by early December. In slightly warmer climates, fountains and submersed aeration systems can be left in the water to reduce ice formation and prevent stratification (the distinct layering of water temperatures and dissolved oxygen levels), which can cause fish kills. And new solutions like Oxygen Saturation Technology can also prevent fish kills by introducing necessary oxygen to anoxic layers of the water without causing thermal stratification.
Proactive management is crucial to preserve the long-term health and beauty of your water resources. However, no two waterbodies are exactly the same and benefit most from a customized plan. Data is an important tool to help learn what your lake or pond needs to thrive. Just as water quality testing provides insight into the chemical components of the water, it is also beneficial to examine the physical components of the water resource.
Bathymetric mapping is the go-to tool to “see” below the surface and uncover the unique depths, contours and structural components at the bottom. When completed every 3-5 years, bathymetric studies can be compared to track physical changes over time. Other types of mapping can reveal total surface area and sediment accumulation, making it easier to create a timeline and budget for future dredging needs.
Mapping can take place any time of year, but it is often prioritized during the fall when the valuable data is used to facilitate planning or permitting needs and inform budget projections.
While most sport fishing tends to subside as temperatures decline, angling activities do not have to end. Autumn provides the perfect backdrop to stock rainbow trout, which thrive all fall and winter. To do this successfully, it’s important to ensure water temperatures have consistently reached below 70 degrees. Once introduced to your waterbody, trout will thrive over the next few months until temperatures rise back up in the spring.
Stocking a lake in the fall is one of the easiest things owners can do to create some fish diversity and to add excitement to their fishing experience. Trout are especially fun to fish and can transform a community pond from just an aesthetic feature to an exciting meeting place for adults and children alike.
In addition to trout stocking, waterbodies prized for their year-long fishing experiences can benefit from pond liming. In acidic ponds, liming is an important method for correcting the associated water quality issues and improving fish productivity. Fall and winter are the recommended timeframes to complete these applications as they can’t always be prioritized during the growing season. The process is delicate, so it’s important to consult with a freshwater management professional to implement a water quality assessment and determine if liming is right for your waterbody.
Though year-round annual management is an important part of pond ownership, fall is a great time to implement a variety of techniques and strategies that aren’t always feasible during the warmer months. It’s also a time to consider your goals for the following year and begin the planning required to achieve them. Your professional lake manager can help you throughout the process and ensure you are on the right track to maximize your budget and the enjoyment of your waterbody for years to come.
Tags: Common Area Issues, Lake Management Articles, Management News, Members Articles
I feel like I handled a thousand annual meetings in the last month, flying from one to the other. When running the meetings, and depending upon whether the association is a condominium or HOA, it is important to know if the person running for the board, or even the winner of the election, is eligible to serve because they owe money to the association.
Let’s start with condominiums first, Florida Statute 718.112 (2)(d) states:
A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any assessment due to the association, is not eligible to be a candidate for board membership and may not be listed on the ballot.
So, in a condominium, the person’s eligibility to run and initially serve on the board is decided when the owner submits their notice to be a candidate, and that is no less than 40 days before the election. If at that time, the owner is delinquent in any assessment their name cannot be printed on the ballot and sent to the unit owners. On the night of the election the association need not worry if anyone is delinquent and cannot serve because their name was already excluded from the ballot.
The law in a Florida HOA is much different. Florida Statute 720.306(9)(b) states:
A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association on the day that he or she could last nominate himself or herself or be nominated for the board may not seek election to the board, and his or her name shall not be listed on the ballot.
Lots of differences between the two statutes here. In a condominium, you can only be prevented from being placed on the ballot if you owe an assessment. In an HOA, your name can be prevented from being placed on the ballot if you owe any fee, fine or other monetary obligation to the association; a far more restrictive provision in an HOA.
In addition, remember that in most HOAs, nominations are taken from the floor on the night of the election. That is the “day that he or she could last nominate himself or herself or be nominated for the board.” Therefore, on the night of the election, we need to know if any of the proposed nominees owe any fee, fine or other monetary obligation. If so, their name cannot be accepted into nomination. They cannot run.
ONCE A DIRECTOR BECOMES 90 DAYS DELINQUENT
The Condominium Act states:
718.112: Director or officer delinquencies.—A director or officer more than 90 days delinquent in the payment of any monetary obligation due the association shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law.
The Homeowners Association Act states:
720.306(9)(b) A person serving as a board member who becomes more than 90 days delinquent in the payment of any fee, fine, or other monetary obligation to the association shall be deemed to have abandoned his or her seat on the board, creating a vacancy on the board to be filled according to law.
Tags: Condo and HOA Law, Management News, Members Articles
With respect to item 7 above, Kaye Bender Rembaum has become aware of at least one service provider that will bring in engineering professionals to make a physical inspection of the entire community to assess the conditions and establish a record for all such conditions prior to any storm. The assessment will also identify conditions that may have resulted from Hurricane Irma from 2017, for which claims were not made or even found and may still be claimed. In many instances, conditions of significant damage may not be readily apparent to the layperson, but to a qualified professional, very obvious. Quite often, such an inspection can result in substantial additional insurance claims for the association to recover. It is not unusual for an insurance carrier to reject initial claims following a major storm, citing to maintenance or pre-existing conditions as the basis for the denial. The team of experts performing the assessment has assisted several communities overcome such rejections and ultimately receive additional settlement proceeds to make further repairs to the premises. While there is no guaranty of such a result, without making such an assessment, the board will never know and certainly have no further recovery. Most importantly, this inspection and assessment is undertaken at no charge to the association by this company, and with no obligation to the association!
Tags: Condo and HOA Law, Members Articles
Cohen Law Group would like to remind all Property Managers and CAMs that our firm has handled thousands and thousands of property damage insurance claims in Florida. We have decades of experience handling hurricane claims that have been denied, delayed, or reduced.
If you are unsure if your property sustained damage as a result of Hurricane Idalia you should ask for an inspection by a qualified contractor, estimator or building inspector to assess whether hurricane-force winds damaged or compromised the roofing system and building envelope. Many companies offer this initial inspection free of charge. Given the complexities of a large loss claim, consider consulting with an attorney experienced in handling commercial insurance claims for condominiums and homeowner’s associations.
Here’s more information on how we can help you:
Cohen Law Group is certified through the state of Florida for Property Manager and CAM Continuing Education Credits/Classes. We have a one to three-hour CE class called “A CAMs/Property Managers Guide to Property Damage Insurance Claims”
We can schedule a free lunch and learn with your CAMs and will provide an overview of our suggestions and strategies as well as some examples of our vast experience with Residential Property Damage and Commercial Large Loss.
If your residential, commercial, or industrial properties have property damage, our Insurance Claims Attorneys can help with everything from A-Z on hurricane claims.
Please call us today at 850-318-7474
immediately after a hurricane:
You have 1 year from the date of loss to report the claim. Please do not hesitate in reporting the claim immediately as you are aware there is storm damage. Believing the damages are below your deductible is not a defense to this and the insurance company will use every day you wait against you later.
Thoroughly document all emergency repairs before and after they are completed. Insurance companies will try to get out of paying for these services if they believe they do not have sufficient information.
If you are displaced from your home or property, please keep all invoices and receipts showing costs that you incur. Likewise, if you have any damaged personal property, please take photographs of it before you throw it away.
Insurance companies cannot cancel your policy while you have an open claim. You should speak to an attorney to understand your rights. Insurance companies will routinely request that you sign documents and give statements to them that can and will be used against you later.
489.147 Prohibited property insurance practices.—
(1) As used in this section, the term:
(a) “Prohibited advertisement” means any written or electronic communication by a contractor which encourages, instructs, or induces a consumer to contact a contractor or public adjuster for the purpose of making an insurance claim for roof damage, if such communication does not state in a font size of at least 12 points and at least half as large as the largest font size used in the communication that:
1. The consumer is responsible for payment of any insurance deductible;
2. It is insurance fraud punishable as a felony of the third degree for a contractor to knowingly or willfully, and with intent to injure, defraud, or deceive, pay, waive, or rebate all or part of an insurance deductible applicable to payment to the contractor for repairs to a property covered by a property insurance policy; and
3. It is insurance fraud punishable as a felony of the third degree to intentionally file an insurance claim containing any false, incomplete, or misleading information.
Harvey V. Cohen, President
At Cohen Law Group, It’s About Justice!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.
(850)318-7474
Members of SFPMA – https://sfpma.com/listing/cohen-law-group/
Tags: Condo and HOA, Insurance, Management News, Members Articles
What can taxpayers do?
Start by letting the payment originators know to mark the payments that are not business related (should not be income and subject to tax) as personal on the chosen platform. If you end up picking up the lunch tab and being reimbursed through Venmo or Zelle be sure to remind your friends to mark the transaction as non-business. This also holds true for gifts, reimbursements, and other non-taxable payments.
At tax time be sure to share these documents, like all tax forms you receive, with your tax professional, so they can see that income reported on 1099-Ks is properly reported on your tax return.
One thing we as tax professionals are sure of is that these 1099-ks are going to generate a lot of confusion for taxpayers in addition to a lot of IRS notices that will need to be delt with long after the 2023 returns are filed.
Find other fantastic articles and Accounting information:
There would be no Condo Control without Brian Bosscher. Brian had no professional property management experience, but he did understand the frustrations that plague condo communities after purchasing a unit in 2006. Looking to help improve operations, Brian joined his building’s finance committee immediately. He started volunteering on the Board of Directors as Treasurer the following year, and then became the Board President.
It was through volunteering that he learned about the challenges and roadblocks that property managers encounter on a day-to-day basis, and witnessed the inefficiencies that prevented them from reaching their goals. It was this experience that inspired Brian to build a long-term solution, and Condo Control was born.
When residents pay their fees or fines, these payments are documented under accounts receivable (AR). Vendor credits are also logged under AR. This element of accounting tracks the money coming into the corporation or association.
But like most things related to community finances, it’s much easier to talk about accounts receivable than manage them. Collecting payments is always a challenge because they come in at different times, and in different formats. Documenting this information is equally tedious and time consuming.
While we can’t eliminate this responsibility for you, we can suggest some ways to simplify the AR workflow for you and your team.
Table of contents
Without structure, rules, or established expectations, anything goes. But spontaneity isn’t exactly ideal when you’re trying to get money from 200 owners. That’s why it is so important to implement consistent billing practices. Not only does this create a routine for you and/or your staff, but residents aren’t left wondering when they might receive their invoices or how they should make payments.
By creating a sustainable AR workflow, condos and HOAs will find that late payments become less common. By sending billing statements in the same format, at the same time each month, your residents become familiar with a routine. As a result, they’ll become more accustomed to making payments the same way at the same time.
Online banking has become almost ubiquitous in North America. Mobile apps make this option accessible to all age demographics, and the convenience cannot be overstated. So doesn’t it make good sense to offer online payment options to residents?
Not only does it make the payment process far easier for the people who live in the community, but it creates less work for you.
Teams that are still documenting accounts receivable payments manually are more prone to making mistakes. Between writing down payments, updating balances, and creating receipts, it’s understandable why someone might forget to fill in a field or add an extra “0.”
But even a small mistake can lead to bigger problems, and can even create conflict between residents and staff. Furthermore, time is wasted when someone has to go back and review the numbers.
Then there’s the issue of storing and locating physical records. Paper can easily be misplaced or lost, and aside from the obvious problems associated with losing documents, missing information can lead to costly compliance violations.
Electronic billing and online payments reduce manual data entry work for staff, and create records automatically. If you decide to use a cloud-based system, you’ll have the ability to access records from any computer. That way, you aren’t tied to the office.
It’s important to note that not every resident will want to make online payments. Your condo or HOA could install a secure lockbox so that you don’t have to arrange a meeting with these individuals to receive a payment on time.
With a digital AR system, you can also create automations to bypass some of the most tedious AR tasks. This typically includes email automation (late payment reminders, confirmation of payment) as well as sending out invoices.
A cloud-based AR system ensures that anyone who needs access to accounts receivable information can get it, no matter where they are working from. Conversely, when team members have to wait for information because it is siloed off, it slows down the entire process.
Inevitably, there will be residents who are consistently late with payments, or who avoid them altogether. Instead of having to figure out what to do next each time this happens, follow the condo or HOA’s rules/ procedures laid out in the governing documents.
Make sure all actions are in accordance with local laws. For example, you are probably required to give residents written notices and a reasonable amount of time to pay fees before more severe actions are taken.
Corporations/associations do have the power to pursue residents for unpaid fees, and to recover any legal expenses incurred while trying to collect money owed from delinquent owners.
These are some of the actions that communities are permitted to take while trying to secure outstanding fees:
Accounts receivable is an ongoing responsibility that requires a great deal of time and resources. The less you and your team have to do by hand, the happier you’ll be.
It is recommended that condos and HOAs look into AR software to simplify and speed up workflows. The money you invest in this solution will be less than the costs associated with conducting this process manually. Not only can it help keep processes more consistent, but you will probably find that you make fewer errors.
Your time is valuable; spend it wisely.
Tags: Management News, Management Tools, Members Articles
by Donna DiMaggio Berger / Becker
The word “hot” has many connotations: it can reveal anger when you say someone is “hot around the collar”; it can invoke personal appeal or desirability “he’s so hot”; it can refer to a disorganized person or situation, hence the description as “a hot mess”; and can also be used to describe an emotional issue or topic as a “hot button”. However, since the earliest of times, the word hot has been used to describe the temperature and we’ve been hearing this word a lot lately in many parts of the US given the ongoing heat waves. More than 61,000 people died in 2022 because of the heat waves that swept the European continent. We won’t know for some time how many US fatalities have occurred due to our extreme heat during the summer of 2023.
Extreme heat can cause dehydration, heat exhaustion, exacerbation of existing medical and mental health conditions, respiratory distress, and heatstroke. Dehydration can cause dizziness, fatigue, and muscle weakness. Heat exhaustion may result in heavy sweating, nausea, headache, rapid heartbeat, faintness, and muscle cramps. Extreme heat can more greatly affect people with underlying respiratory, cardiovascular and kidney disorders with extreme heat being tied to an increased risk of heart attacks or other cardiovascular events. Heatwaves have also been linked to diminished air quality in urban areas which can worsen respiratory conditions such as asthma. Lastly, extreme heat can impact mental well-being, leading to irritability, mood swings and difficulty concentrating, all of which can make communal living more stressful.
Dealing with extreme heat events in a multifamily building, especially for those on fixed incomes, can be challenging. What should your association board and management team be doing in response to an extreme heat event? Certainly, including preparation for heat waves into your emergency disaster plan is recommended. The following are some items you may wish to consider:
The strategies your board and management team use in response to an extreme heat event depends, in large part, on your building’s location and infrastructure as well as the available monetary and personnel resources. However, there are some basic steps all associations can take to educate their residents about the dangers of extreme heat. The phrase, “we’re having a heat wave” doesn’t have to spell disaster in a well-prepared community.
For additional information please listen to my podcast conversation with Jane Gilbert, Miami-Dade’s Chief Heat Officer which can be found here.
Donna DiMaggio Berger is a Shareholder with the Becker law firm, is Board-certified, is a Fellow with the College of Community Association Lawyers (CCAL) and is a keynote speaker and the host of the popular Take It To The Board podcast on association issues.
Donna DiMaggio Berger is a Shareholder in Becker’s Community Association Practice in Ft. Lauderdale, Florida. She is a member of the College of Community Association Lawyers (CCAL), a prestigious national organization that acknowledges community association attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. She is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.
As Founder and Executive Director of Becker’s Community Association Leadership Lobby (CALL), Ms. DiMaggio Berger has led various community association advocacy initiatives, working with legislators and other public policymakers on behalf of those who live, serve, and work in common interest ownership communities. She has testified before the Florida Legislature regarding community association law and frequently appears on radio talk shows and in print media discussing these issues.
Tags: Board of Directors, Law and Legal, Management News, Members Articles
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