Community Association Matters

Ana Sanchez Rivero: Hello and welcome to community association matters. The podcast that focuses on condominium and homeowner association, education throughout the state of Florida. So, my name is Ana Rivero, and I'll be your host for today. And of course, the PA this podcast is sponsored today by Allied Property Group, as it always is, we are a full-service property management company. That's been servicing. Condominium and homeowner's association, through Southeast Florida, since 2003, as I announced in our podcast from earlier this year, we're now also, serving Southwest Florida as well. So, if you're in the Fort Myers or Naples corridor, I think all the way up to Sanibel, give us a call. We're going to be able to help out your community as well. Today's episode. We have another sponsor with us today, which is Hotwire communications, and I'm super excited to have David join us today. David Ramos is the Executive Vice President for Hotwire’s Southeast Florida region. David is a graduate of Trinity internati

Ana: Hello, and welcome to Community Association Matters, the podcast that serves homeowner and condominium associations in Florida. And I say Florida now, because we are serving not just Southeast Florida, but also Southwest Florida with offices in both Miami and Fort Myers. So we're very excited about that opportunity. And as always, our goal here is to educate board members and owners of multifamily and even commercial units about the laws that pertain to being a board member and condominium and homeowner associations. As well as what to do to maintain your building, your common areas and, and make sure that you prevent liability and mitigate any problems that may come up. So being from Florida, being in Florida, we all live with hurricanes. That is a part of life. It's something that we've grown, adapted to if you will. And part of living in a hurricane area is being prepared. Knowing what to do, having a plan in place that will get you through that difficult challenge, and then the aftermath. What do we

Ana Rivero: Hi, and welcome to community association matters. The podcast for condominium and homeowners associations. In South Florida. As you know, Ana Sanchez Rivero your host for the podcast. And I want to thank you for joining us today. As you know, we cover a lot of topics that affect condominiums and homeowners and most recently, the Covid 19 phenomena has occurred. And obviously it's a gray situation that's affecting everyone in the world and it's having its impact on associations. So many of our clients have a lot of questions as to what to do and and what does it mean when we're going through this pandemic. We found through hurricanes, and I think most of us pretty much have a hurricane plan in place. We know what to do, but this is very new to all of us, and I think we're just learning our way around. A feeling way around and how to deal with these situations. So I asked David Iglesias, yes. from Iglesia Las Group to join me today so that we can cover some of So David, welcome to the show. How are

Ana Rivero: Welcome, welcome to "Community Association Matters". You get to see a name with a face. Finally, and I'm so glad to have you back in the 2020s and new year. So hopefully we'll do a few more of these, podcast vlogs, if you will. And I'm so glad that you guys are back with us and joining us. We have some great new ideas and topics that we're going to be discussing over the upcoming months. And I hope you continue to join us in the future.  So, as you know, our podcasts are sponsored by Allied Property Group. So Allied Property Group is a full service, condominium and homeowner association management firm. We have been serving South Florida since 2003 so a little bit over 17 years, and we can do onsite and portfolio management. So I hope you reach out to us. our web information and contact information will be available at the end of the, of the vblog.  Today is interesting because we have Sal from Jurado and Associates. Jurado law. Perfect. Sal and I have been working together for many, many years. A

In 2017, Hurricane Irma came by Florida but luckily it was not a direct hit. Unfortunately, it still caused enough damage to a number of people and property. Though there were policies and procedures issued since this calamity, we as individual homeowners, board members, and associations still need to know what to do to get ready for a hurricane.   In this episode of Community Association Matters, Assistant Code Compliance Director Edgard Estrada from the City of Doral explains the things we need to prepare before and after a hurricane hits.   Before the hurricane   Food and water. According to Edgard, 1 gallon of water should be allotted per person per day, while for pets such as dogs and cats, ½ gallon would be enough. Make sure to prepare with enough water for at least 3 days. As for food, it’s best to stock up on non-perishable foods such as canned goods (tuna, Spam, sausages, etc.) which would last you and your family for at least a week.   Hurricane kit. The hurricane kit includes your first-aid: banda

What happens when a condominium has a construction defect? A construction defect is a problem in the workmanship or in the materials used to build a structure, which ultimately causes harm to a person or property, usually amounting to huge financial damages.   The common solution for many community associations in this circumstance is to file defect claims against the developer of the condominium. Under Florida law, an association can bring claims against a developer within 10 years from when the original construction was completed.   But filing construction defect claims is not as easy as it sounds. In this episode of Community Association Matters, we speak with commercial litigator Phillip Joseph who co-chairs the law firms of Ball Janik. He identifies four common obstacles that associations face which prevents them from filing defect claims against developers…   Board inaction   Philip gives three instances of inaction where board inaction can hinder a defect claim:   The first instance is when a board me

In 2008 Americans experienced the worst financial crisis since the Great Depression of the 1930s. The drop in real estate prices caused tremendous turmoil and had far reaching impacts worldwide.  Banking and insurance institutions closed down; the largest mortgage lender and the largest savings and loan companies crumbled; and the auto industry giants had to be bailed out by the Federal Government.  Hundreds of thousands of people lost their jobs and, in some cases, some lost their entire life’s savings.  The economical outlook was bleak!  It was no different for community associations.  Many owners could no longer afford to live in their homes and stopped paying their maintenance fees.   Associations’ receivables reached an all-time high and the number of foreclosures in South Florida went through the roof.  Times were tough!  However, associations with a strong collection policy were able to recover.  The financial crisis of 2008 caused us all to evaluate our economical situations and in some cases we had t

Lets assume your community has a no pet policy.  For years that policy went unchallenged, but now your association finds itself with an accommodation request from an owner for an Emotional Support Animal.  Is your association required to approve that accommodation?  Is it legal for you to ask for additional documentation?  What are the consequences if you deny such a request?  These answers are becoming more common today than they were in the past.  With the improvement in technology, associations are facing challenges to their policies and procedures that were unheard of just a few years ago.  In order to answer these questions, in this episode of Community Association Matters, we speak with Donna Dimaggio Berger, Esq. from the law offices of Becker.  First, we have to understand what is a disability.  A disability is a physical or mental impairment, which substantially limits one or more of such person’s major life activities.  Major life activities include caring for oneself, walking, talking, seeing, hear

  Some time last year in the summer, I turned on CNN, as I typically do to bring myself up to speed with the news.  I was horrified at the video before me; it was showing an apartment building ablaze in London.  According to reports, 79 people perished in that fire and more than 600 residents were impacted by this fire that quickly spread through the 24-story apartment building.  I immediately began thinking, could this happen here. Not only did this incident impact me, it also impacted Florida Governor Rick Scott’s decision to veto Committee Substitute for Committee Substitute for House Bill 653.  In his letter to the Secretary of State dated June 26, 2017 Governor Scott wrote, “[w]hile I am particularly sensitive to regulations that increase the cost of living, the recent London high-rise fire, which tragically took at least 79 lives, illustrates the importance of life safety protections.”  What was Govern Scott referring to?  HB 653 would have allowed high-rise buildings from opting out of the Engineered L

Whenever a community is working on a project, I often wonder whether they will need a Surety Bond.  I have heard they can be expensive and can be complicated to enforce.  At other times, I have heard that they are a must!  I was lucky that Alex Barthet of The Lien Zone was available to help us learn a little bit more about surety bonds. Alex is a partner at Miami Construction Lawyers, which, as its name implies, specializes in construction law.  Alex has been an attorney for almost 20 years and has served as the Chairman of the Miami-Dade Council, Associated Builders and Contractors Florida East Coast Chapter (2013) and Chairman of the Education Committee, Associated Builders and Contractors Florida East Coast Chapter (2013).  He hosts his own podcast, Lien Zone, and is a mechanical engineer by education.  He is a leading expert in the field and I was very fortunate that he took time out of his busy schedule to sit with me.   It is important to understand the difference between a surety bond and insurance.  W

Most of us move in to homeowner associations because we want to live in a neighborhood where owners have a minimum requirement to maintain their home.   Can you imagine your neighbor painting their home in bright purple?  Without the association’s governing documents, the association may not have a way to enforce a color scheme or worst may not have a way to maintain the common areas in the community.  In this week’s podcast of Community Association Matters we interviewed Daniel Lopez, Esq. an attorney with the Law Offices of Frank Perez-Siam, PA to discuss the Marketable Record Title Act (also known as MRTA) and the impact it plays on the validity of homeowner association governing documents.  This podcast is full of valuable information and explains step by step what your homeowner’s association must do to renew their governing documents.  Daniel also tells us what HOAs must do should their governing documents expire. Don’t miss out on this important episode.

I have been in this industry, in one capacity or another, since 1992.  I remember that Florida Statute 718 was virtually re-written around that time.  It was then that the manner in which condominium elections are held was changed to they system we use today.  I recall that when the change came forth, the new regulations were so rigorous that it was frustrating.  However, like anything else, once you get used it, you can’t imagine how life was before it came along.  In 1992, the number of condominium associations in the State of Florida was growing at a fast pace.  Most of the new construction was either a condominium or planned unit development.  As the number of condominium associations increased, so did the need for regulation.  Since then there have been several changes to 718.  In some years, the changes were minor; in other years, such as this year, there were sweeping changes that have had a tremendous impact on our industry.  This year, House Bill 1237 signed by Governor Rick Scott, is bringing forth

There are many factors that contribute to your condominium or HOA unit’s property value.  One of the fastest ways to impact property values in your association is by revamping your community’s landscaping.  New bushes, seasonal flowers, and fresh mulch can go a long way in helping your community stand out.  Buyers pay very close attention to a community’s entrance and their overall upkeep when considering buying a home in a condominium or homeowner association.  To keep your newly landscaped area looking its best, it is important to ensure that your association’s irrigation system is working properly.  In this week’s podcast of Community Association Matters we interviewed Laura Vasquez of the UF/IFAS Miami-Dade County Extension to help us understand the different components of an irrigation system and how to ensure that it is working efficiently.  The Miami-Dade Extension has several programs, one of which is the Urban Conservation Unit where members of the team come out to condominium and homeowner associati

I had a very difficult time passing the science courses in college.  In fact I struggled so much that I had to drop it twice and failed a third attempt.  I knew that it was impossible; and certainly wasn’t for lack of trying.  I was so pleased when I learned, that as an alternative, there was an Environmental Science class that could substitute the biology requirement; and an Environmental Pollution class that substituted the chemistry requirement.  I knew that was my way out.  Those classes were by far the most enjoyable classes I had taken.  Not only did it provide me with a thorough understanding of the natural environment in South Florida it also gave me a new appreciation for our environment.  So for this week’s podcast, I invited Henry Mayer of the UF/IFAS Miami-Dade County Extension to join us and talk about how the environment impacts our condominium and homeowner associations and what we need to do to safeguard them.  In particular there is a great concern that there is too much development and const

By: Ana Sanchez Rivero, CAM Estoppel letters or certificates are often prepared by an association’s management company.  It should normally include the name of the owner, property address, monthly dues (whether regular or special), any fees due upon transfer, balance due, pending violations, and insurance information.  Senate Bill 398 signed into law by Governor Scott, which goes into effect on July 1, 2017, now requires that in addition to that information other information be included, and regulates the fees that can be charged by an association and/or its agent in preparing an estoppel letter or certificate.  In this week’s podcast of Community Association Matters we reached out to one of the leading condominium and homeowner association firms in South Florida to help us decipher the new law. Maria Victoria Arias, Esq., an attorney with Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars, & Sobel, PA was kind enough to discuss the numerous requirements mandated under this bill.  The estoppel certificat

    It’s that time of year again!  Yes budget season.  It’s time to begin reviewing the financial reports and begin calculating costs for next year’s projects.  Condominium and homeowner associations are governed by many regulations; budget reporting is one of them.  It is important that the Board of Directors of your condominium or homeowner association understand the various elements that make up your community’s budget.  To get an expert’s point of view, in this week’s podcast of Community Association Matters, we invited Pierre Vilme, CPA of Gerstle, Rosen, & Goldenberg, PA.    Lets start with the basics.  Budgets should be prepared by someone familiar with financial reporting.  To ensure that your budget is based on actual figures you should start by pulling the most current financial report.  Pierre recommends that associations review their August or September financial report, which will give them 8 to 9 months worth of financial information.  Budgets must be prepared annually and before the end

  A lot of focus is normally given to hurricane preparation.  It is important to prepare and make sure that your family has as much information as it needs in case a hurricane does hit.  But what do you do during a hurricane?  And what happens after?  This week’s podcast of Community Association Matters answers these important questions.  According to the Official Broward County Hurricane Preparedness Guide, when the storm arrives everyone should stay in a safe room.  They identify a safe room as an interior room in your home without windows or doors.  Good examples of this are closets, bathrooms or small storage rooms.  Try to select a room that is central so that it is easy for everyone to access it.  Clear out the room before the storm hits so that you are not doing that in the middle of the storm.  Never open windows and doors; you must keep the wind out of your house.  As Broward County’s guide states, “buildings do not fail because of unequal pressures inside and outside…[Opening windows and doors] allo

In this week’s podcast of Community Association Matters we had the honor of interviewing Edgar Estrada and Natalie French of the City of Doral and discussed with them the different steps that residents, associations, and businesses must take to prepare for a hurricane.  Edgar is the Assistant Code Compliance Director for the City of Doral and Natalie is the Media & Emergency Management Specialist for the City of Doral Police Department.  Hurricane season runs from June 1 thru November 30th.  Many of us know that there are 5 hurricane categories but not many know how these categories are determined.  According to Miami-Dade County’s hurricane readiness guide the categories are broken down as follows:  Category 1: sustained winds of 74 to 95 mph  Category 2: sustained winds of 96 to 110 mph Category 3: sustained winds of 111 to 129 mph Category 4: sustained winds of 130 to 156 mph Category 5: sustained winds of 157 mph or higher It is important to note that according to Natalie, most of the damage is not ca

Does your condominium or homeowner association feel under represented with the legislature?  Do you wonder where some of the laws affecting your community may come from?  In this week's podcast we interview Russell Robbins, Esq. from Basulto Robbins & Associates LLP and discuss the Community Association Institute.  CAI, as it is commonly referred to, is the leading association for condominium and homeowner association across the country.   In this podcast we discuss the CAI's mission, their education program for Community Association Managers and Board members, their lobbying efforts, and much more.  

What if there were a faster and more secure way of registering proxies at your condominium or homeowner association meeting?  Well there is and in this week’s podcast of Community Association Matters we interview Donna DiMaggio Berger, Esq. of Becker & Poliakoff, PA to discuss their electronic voting system, BP Ballot.  According to Donna, voting online thru BP Ballot is more secure, increases member participation, and saves time.  It is more secure than a paper vote for a few reasons.  First, in order to vote online the owner must register and assign an email address to his account.  The skill set needed to hack an email is much greater than the skill set needed to modify a paper ballot or proxy.  In addition, online voting creates a digital imprint.  If needed, an owner’s vote can be easily tracked.  The need to verify a signature or ownership requirement at a meeting, is eliminated with online voting.  Secondly, BP Ballot increases membership participation.  The reason for this is that owners that do n