Webinar: Upgrading from Self-Managed to Pro Management | Oct. 19 at 4pm Est
Webinar: Upgrading from Self-Managed to Pro Management | Oct. 19 at 4pm Est
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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
Webinar: Upgrading from Self-Managed to Pro Management | Oct. 19 at 4pm Est
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
The legislation in House Bill 919 was proposed by Representative Porras in response to the alleged $3.4 million dollar embezzlement scheme that took place at the Hammocks Community Association, located in Miami-Dade County. Parts of this proposed bill were well-intentioned; however, several provisions were commonly viewed as too broad and expansive.
On November 15, 2022, the Miami-Dade State Attorney’s Office announced charges related to the Hammocks’ criminal case, including racketeering, organized scheme to defraud, money laundering, grand theft, and fabricating physical evidence against five board members. These board members have been accused of the following:
i) running a scheme in which they used HOA checks and HOA credit cards from 55 bank accounts to pay for “no-show” work by shell companies or vendors, who would funnel money back to the directors for their personal use;
ii) withholding official records from members; and,
iii) failure to hold valid elections, among other bad acts.
If found guilty these board members overtly breached their fiduciary duty to their association.
During the 2023 legislative session, House Bill 919 initially contained significant criminal penalties to punish board members who failed to provide official records when they otherwise should have, criminal penalties for kickbacks, and criminal penalties for improper election interference, among other provisions. Such laws, while well intended, went overboard as evidenced by the creation of criminal penalties for failure to provide official records, as such severe criminal penalties for operational matters would likely only deter good people from running for the board. Recognizing this potential issue, parts of HB 919 were tempered a bit prior to it becoming law. That said, in the opinion of this author, new laws with new criminal penalties are not the answer. Bad people do bad things, and no amount of laws will likely significantly change that. So, what is the answer?
One answer is to shore up the educational and certification requirements for board members. At present, there are two ways to be certified as a board member. One method is to take a State-approved class, which provides an overview of the voluminous information board members need to know in order to perform their duties. The other method is to sign a piece of paper that the board member has read the governing documents, will abide by them, and will faithfully discharge their duties. This second method should be eliminated as there is no method to confirm compliance, and this method does not have any educational component. In addition, continuing education requirements should be required for any board member serving consecutive years.
During a board certification class, time should be spent discussing the term “fiduciary duty.” While the term is repeatedly used in Chapters 718 and 720 of the Florida Statutes, it is not expressly defined in these statutes. Section 718.111, Florida Statutes, makes reference to Section 617.0830, Florida Statutes, which provides for general standards for directors of not-for-profit corporations, such as community associations.
Section 617.0830, Florida Statutes, provides the following:
Still, though, there is no express definition of the term “fiduciary duty.” The purpose of studying fiduciary relationships is to identify the areas where it exists and gain an insight into the duties of a fiduciary. After all, every board member is a fiduciary for their community association. Common definitions of the term “fiduciary” include:
In other words, a good community association board member puts the interest of their association above their own personal interests. Thus, while we may not be able to stop bad people from doing bad things, through continuing education we can help good people do better.
To recap, there are three things that can be readily accomplished that would make a positive difference for Florida’s community associations.
Tags: Board of Directors, Condo and HOA Law, 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
The coastal Northeast is experiencing a concerning trend of heating at a faster rate compared to other regions in North America. Researchers have identified a strong correlation between the accelerated warming and the rapidly increasing temperatures in the North Atlantic Ocean and increasing storm intensity. Natural disasters such as hurricanes, tornadoes and coastal flooding can strike at any moment, leaving communities devastated and in need of immediate assistance. It is crucial for communities to be prepared in order to minimize the impact of these disasters and ensure the safety of their residents.
Preparing your community for a natural disaster is crucial to minimize damage, save lives, and facilitate a swift recovery. Here are a few steps to assist with your preparation:
Assessment and Planning:
Initial building evaluation performed based on the severity of the storm/event:
Communication and Engagement:
Contact Insurance:
Post-Disaster Recovery:
Remember, disaster preparedness is an ongoing effort. Regularly review and update your plans based on new information, changing community demographics, and emerging technologies. By taking proactive steps, you can help your community minimize the impact of natural disasters and ensure a more resilient future.
Contact our team for more information how to be proactive!
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