VIP Property Management Services, Inc.

If a building has low reserves and is over 25-30 years old, the likelihood of a high special assessment is extreme.

However, makes sense to bundle projects & then reallocate, recalculate future reserves.

Dear Tracey,

The Florida House and Senate are negotiating the condominium safety bill – HB 7069. HB 7069, as passed by the House, does not properly balance the building safety and the ability for Florida’s condominiums to properly manage how best to provide for a safe environment. The House bill language will be too burdensome on homeowners and condo boards and is need of critical modifications. HB 7069 is not as clear and practical as the language in the Senate version of the bill- SB 1702. For example:

HB 7069 conflates reserve studies with building inspections. These are two very separate and critically important condominium safety issues that should be treated separately.
HB 7069 does not allow for pooling reserves. Pooling reserves is a practical approach to reserve funding that allows a community to have a healthy reserve account with flexibility to spend the reserve money at a time when it is needed.
HB 7069 does not allow associations to satisfy their reserve funding obligations by using an alternative funding method. Florida residents should have the flexibility to fund reserves in a way that is most practical and beneficial to their financial status.
The bill requires the association to mail each unit owner a copy of the full inspections report within 14 days of the inspection. This is impractical and unnecessary. SB 1702 supports a summary of the report to be emailed or mailed to the owners with posting the report and making the report available free of charge upon request which is a more effective way to communicate meaningful information with all owners.


Please contact your member of the House of Representatives and let it be known HB 7069 needs to be changed before it can properly work and function for condo safety in Florida.

Thank you for advocating for fair and balanced public policy for condominium safety in Florida.

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Florida Condo Safety Bill – Contact your Member of the House of Representatives Today The Florida House and Senate are negotiating the condominium safety bill – HB 7069.   HB 7069, as passed by the House, does not properly balance the building safety and the ability for Florida’s condominiums to properly manage how best to...

Not endorsing but found informative:

The Top 10 Most Pressing Issues for Community Associations In the New Year.
By: Joshua Gerstin, Esq.

Click here for .pdf version.

As The State of Florida emerges from the COVID-19 pandemic, the year 2020 will live on in infamy. During the past year of sadness, chaos, and hope many trends emerged that are likely to stay with us long after COVID-19 is gone. Some of these trends, such as increased communication and video conferencing, will be welcome. Other trends, such as the need for increased collection efforts and renewed leasing and sales restrictions, may not be as welcome. Following are the top ten most pressing issues for community associations in the new year.

1. ZOOM Meetings for Members. For most community associations, offering a video conferencing option for the members to participate in a Board meeting or count towards a quorum in member meetings after the emergency declarations are lifted will require the promulgation of well-drafted Rules. For some community associations, the more arduous process of amending the declaration or by-laws may be required.

2. ZOOM Meetings for Directors. In addition to members participating in board meetings via video conferencing, directors may want to participate via videoconferencing as well. Allowing directors to participate via video conference after the emergency declarations are lifted will require a thorough review of a community association’s governing documents. A quorum of the board attending board meetings via video conferencing after the emergency declaration subsides will most likely not survive a challenge.

3. Recording ZOOM Meetings. If a ZOOM meeting is recorded, the recording is an Official Record likely requiring the Association to make the recording available to others to watch for the next seven years. Deciding not to record video conference meetings inevitably causes the loss of evidence necessary to confirm a quorum if challenged. Consider establishing a video conference recording policy.

4. Mandating Vaccines for Common Area Access. Can a community association mandate proof of COVID-19 vaccination before allowing members or their guests access to common areas?

5. Working from Home or Running a Home-Based in Community Associations. The pandemic normalized working from home and in many instances newly laid-off workers are starting home-based businesses. Working from home is different from having a home-based business with pickup, deliveries, and the occasional customer. However, most governing documents do not recognize the difference between the two, rendering most existing work at home/ home-based business restrictions useless.

6. The Mass Yankee Migration, Leasing & Sales Restrictions. The pandemic amplified an already existing trend, more people are moving to Florida than ever before. Many community associations recently made an unsettling discovery, their leasing and sales restrictions enforced for years are either outdated or do not exist at all! Fair Housing Act complaints are brutally expensive and may not be covered by your community’s insurance. Check and validate your leasing and sales restrictions before it is too late.

7. Getting Involved in Neighbor v. Neighbor Disputes. As the pandemic raged, so did people’s tempers. Community associations that misunderstood their role and scope of authority are now finding themselves spending time and money handling neighbor v. neighbor disputes. To avoid unnecessary liability and the wasting of precious resources, community associations need to know “when to hold and when to fold em’”.

8. Increased Collection, Bankruptcies, and Foreclosures. The financial strain of the pandemic will be felt throughout community associations long after the pandemic is over. Many community associations have out-of-date collection policies. Other community associations improperly “follow their gut” or make up rules as they go. Community associations need to examine their collection policies now. Lawsuits over improper collection activity are expensive and damaging. Community associations can be compassionate, while at the same time avoid costly deficits.

9. Governing Document Enforcement. Many community associations were lax in enforcing their governing documents as the pandemic raged. Finding a kindly, gentler way to now enforce your governing documents before it is too late and your community’s restrictions are “waived” and lost forever is vital for many community associations.

10. Pets, Pets & More Pets. During the pandemic pet adoptions skyrocketed. Many community associations found themselves without the ability to limit pets and have no system in place to track pets. Other community associations improperly allow or deny emotional support animals leading to increased liability.

One thing is known for certain, community associations that act proactively will be better positioned to meet their obligations in the year 2021. Form a committee, gather the Board, and call your association’s attorney, the time is now to plan ahead.

Broward County Emergency Order
Chapter 5 is the Limits on Gatherings

CHAPTER 5. LIMITS ON GATHERINGS
Section 5.B.10-Person Limit on Size of Gatherings

Unless expressly permitted in this Chapter 5 or otherwise expressly permitted in this CEO, gatherings of more than 10 people are strictly prohibited.

https://www-palmbeachpost-com.cdn.ampproject.org/v/s/www.palmbeachpost.com/news/20200727/some-gated-communities-are-pulling-back-to-slow-coronavirus?template=ampart&usqp=mq331AQFKAGwASA%3D&_js_v=0.1

Some gated communities are pulling back to slow coronavirus The average age of residents is over 65, and homeowners associations are not taking any chances.

Broward County Residents,

The Broward County Office of Emergency Management is monitoring Potential Tropical Cyclone Nine, about 585 miles ESE of the Leeward Islands, in the Atlantic Ocean. If this system further develops it could potentially be named Isaias. The current Florida Division of Emergency Management forecast indicates the potential for this disturbance to mature into a Tropical Storm with impacts to South Florida this weekend.

Current location: 13.8N / 53.7W
Maximum Sustained Wind Speed: 40 MPH
Forward Speed: 23 MPH
Forward Direction: West

The system is forecast to move through the Leeward Islands on Wednesday, and near or over the Virgin Islands and Puerto Rico Wednesday night, and near or over portions of Haiti and the Dominican Republic on Thursday. It is expected during the next 48 hours to strengthen, and the system is forecast to become a tropical storm tonight or Wednesday.

Broward County potential impact is within the five-day forecast cone.

COVID-19 testing sites may be closed beginning Thursday evening until the storm passes to ensure safety measures as we continue to monitor the storm's progression.

Community Associations Institute Southeast Florida Chapter presents:

"Power Hour: How to Master the One-Hour Board Meeting"
Course: 9630095 | Provider: 0006354 (Angius & Terry, LLP)
One CE credit in HR or ELE

Tuesday, July 14 | 11:00am - 12:00 Noon

Paul Terry, Esq., from Angius & Terry, LLP, will be the instructor.
Reserve Your Seat Here

State of Emergency

Extended for 60 Days

________________________________________________



To see the Order in its entirety click HERE



If the link does not work for your browser, then copy and paste the following into your browser:


https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-166.pdf



A copy of the relevant text from the Order follows:



STATE OF FLORIDA
OFFICE OF THE GOVERNOR



EXECUTIVE ORDER NUMBER 20-166 (EmergencyManagement-Extension of Executive Order

20-52-COVID-19)



WHEREAS, on March 9, 2020, I issued Executive Order 20-52, declaring a state of emergency for the entire state due to COVID-19; and



WHEREAS, on March 25, 2020, President Donald J. Trump approved my request and declared a Major Disaster due to COVID-19 in Florida; and



WHEREAS, on June 3, 2020, I issued Executive Order 20-139, implementing Phase 2 of my Safe. Smart. Step-by-Step. Plan for Florida's Recovery; and



WHEREAS, I, as Governor of Florida, am committed to providing all available resources and assisting all Floridians and our local communities with their efforts; and



WHEREAS, no state of emergency declared pursuant to the Florida Emergency Management Act may continue for more than 60 days unless renewed by the Governor; and



WHEREAS, the impact of COVID-19 poses a continuing threat to the health, safety and welfare ofthe State ofFlorida and its residents.



NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section l(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, promulgate the following Executive Order, to take immediate effect:



Section I. The state of emergency declared in Executive Order 20-52, as extended by Executive Order 20-114, will be extended for 60 days following the issuance of this order for the entire State of Florida.



Section 2. To the extent Executive Order 20-139, Phase 2: Safe. Smart. Step-by-Step. Plan for Florida's Recovery, amended or extended any executive order related to COVID-19, the referenced executive orders shall remain in effect, as modified.



Section 3. All actions taken by the Director of the Division of Emergency Management as the State Coordinating Officer with respect to this emergency before the issuance of this Executive Order are ratified, and he is directed to continue to execute the State's Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency.



Section 4. Except as amended herein, Executive Order 20-52, extended by Executive Order 20-114, is ratified and reaffirmed.



IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 7th day of July, 2020.



RON DESANTIS, GOVERNOR

www.flgov.com