brought to you by · 5/12/2012  · these committees can help with your board's workload. ......

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Does Your Community Association have Committees? These committees can help with your Board's workload. http://us4.campaign-archive2.com/?u=c6d1de883ffc9165421af9705&id=1665d94572&e=[UNIQID][4/27/2017 1:04:10 PM] Community Associations' online resource for news, legal updates, events, education, and more. brought to you by FAN's Featured Blog Post Residents of Florida HOA Speak Out Against Association’s Use of Drones posted by Michael E. Chapnick, Florida HOA Lawyer Blog, April 5, 2017 The residents of the Concord Station community north of Tampa in Land O’Lakes, Fla. recently shared their complaints and confusion with a reporter from one of their local television stations over their HOA’s use of a drone equipped with a camera in their community. Read more Industry News and Articles Keep in mind that some of the articles are directed toward HOAs or condos specifically, but most can be applied to all types of community associations. Friends | Colleagues | Board Members | CAMs | Residents | Vendors

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Page 1: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Does Your Community Association have Committees These committees can help with your Boards workload

httpus4campaign-archive2comu=c6d1de883ffc9165421af9705ampid=1665d94572ampe=[UNIQID][4272017 10410 PM]

Community Associations online resource for newslegal updates events education and more

brought to you by

FANs Featured Blog PostResidents of Florida HOA Speak Out Against Associationrsquos Use of Dronesposted by Michael E Chapnick Florida HOA Lawyer Blog April 5 2017

The residents of the Concord Station community north of Tampa in Land OrsquoLakes Fla recently shared their complaints and confusion with a reporter from one of their local television stations over their HOArsquos use of a drone equipped with a camera in their community Read more

Industry News and ArticlesKeep in mind that some of the articles are directed toward HOAs or condos specifically but most can be applied to all types of community associations

Friends | Colleagues | Board Members | CAMs | Residents | Vendors

Does Your Community Association have Committees These committees can help with your Boards workload

httpus4campaign-archive2comu=c6d1de883ffc9165421af9705ampid=1665d94572ampe=[UNIQID][4272017 10410 PM]

Identifying Leaks - Stopping Water Damage in Its Tracksposted by Mike Odenthal The Cooperator April 2 2017 Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Read more

HOA Board Responsible For Meeting Minutes in Floridaposted by Joseph Adams Florida Condo amp HOA Law Blog April 12 2017 The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the association The minutes must reflect the vote or abstention of each director present at the meeting Read more When the Ground Gives Way - Sinkholesposted by AJ Sidranksy The Cooperator April 14 2017 California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small Read more Convicted Felons Ineligible for Condo Board Service in Floridaposted by Joseph Adams Florida Condo amp HOA Law Blog April 13 2017 The Florida Condominium Act provides specific and limited disqualifications on eligibility to run for or serve on the board of directors Read more

Upcoming Events

59 Pompano Condo Board Member Course 630-830pm KBR Pompano Beach

516 Water Leaks and Association Insurance 101 1030am-2pm Becker amp Poliakoff West Palm Beach

516 Condo amp HOA Board Certification Course 630-830pm KBR Tamarac Community Center

516 Monthly Chapter Board Meeting 830-10am CAI SE Becker amp Poliakoff

517 Monthly Delegate Meeting 930am COBWRA Bellaggio

519 HOACondoCo-Op Board Member Certification 930am-1230pm Becker amp Poliakoff Fort Lauderdale

530 Guest Restrictions amp Screening Tenants 630-730pm KBR Pompano Beach

530 Monthly Hot Topics Breakfast 730-930am CAI SE Jacaranda Country Club

530 Electronic Media for Community Associations Faxing Emails and Electronic Voting

Does Your Community Association have Committees These committees can help with your Boards workload

httpus4campaign-archive2comu=c6d1de883ffc9165421af9705ampid=1665d94572ampe=[UNIQID][4272017 10410 PM]

Florida HOA Boards Must Follow Correct Rule Proceduresposted by Joseph Adams Florida Condo amp HOA Law Blog April 4 2017

There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and notification will largely be addressed in the associationrsquos governing documents Read more Community Update Volume 8 2017posted by Becker amp Poliakoff Florida Condo amp HOA Law Blog April 5 2017

Arbitration Decisions ndash What are They and Where can I Find Them Helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes Read more

Fining Procedures Confound Condominium amp Cooperative Boards in Floridaposted by Joseph Adams Florida Condo amp HOA Law Blog April 1 2017 Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and invitees Read more Can My Condominium Association Remove Palm Treesposted by David G Muller Florida Condo amp HOA Law Blog April 18 2017 Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are

10am-12pm Becker amp Poliakoff Fort Lauderdale

May TipsKeiths Corner Prune Your Trees This month begin early preparations for the upcoming hurricane season by inspecting trees for weak and damaged branches Prune trees away from buildings and homes to prevent future damage Look into hiring an ISA certified arborist if you are unsure about pruning May is also a great month to monitor new growth of plants for micro-nutrient deficiencies displayed by the yellowing of new growth As always remember to install your sod green side up

Keith Carracher President

Complete Property Maintenance Inc Corporate Office (954) 973-3333 Jupiter Office (561) 744-3333 Fax (954) 979-1424

Does Your Community Association have Committees These committees can help with your Boards workload

httpus4campaign-archive2comu=c6d1de883ffc9165421af9705ampid=1665d94572ampe=[UNIQID][4272017 10410 PM]

adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established Read more

Keeping a Value-Adding Amenity From Being a Liability - Care and Maintenance of Skylightsposted by Elizabeth Lent The Cooperator April 13 2017

SB 184 was signed by Governor Rick Scott of FL today The new law which amends Section 83683 FS will take effect on July 1st and will apply to condominiums cooperatives HOAs and landlords Read more

Campbell appreciates your recommendationsIf you hear about neighbors that are considering a change in their property management and think Campbell might be a good fit please let us know Recommendations from our clients and partners are what has enabled us to grow over the 60+ years we have been in business

Feel free to email us at salescampbellpropertycom or visit us at wwwcampbellpropertymanagementcom

Share this newsletter with friends by clicking on any of the share links below

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Copyright copy 2017 Campbell Property Management All rights reserved

subscribe to list

Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

Collections (34)

Rules And Restrictions (28)

Enforcement Actions (19)

Leasing And Tenants (17)

New Legislation (17)

Meetings And Elections (16)

Fraud Theft And Abuse (14)

View More Topics

Roberto C Blanch

Community Association Boards Should Spread the Load by Relying on CommitteesAPRIL 21 2017by Roberto C Blanch

Community association board members are asked to do a great deal for the communities they serve They give up a great deal of their time and lend their varying expertise to help their communities run as smoothly and effectively as possible Given that so much is asked of the directors it is important that they take appropriate steps to delegate responsibilities to committees comprised of association members

For most community associations the benefts of involving committees are extremely worthwhile Not only do they create a forum for the implementation and enforcement of vital policies and decisions they also serve as ideal incubators for prospective future board members

Print

HOME WEBSITE CONTACT US MORE

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OUR OTHER BLOGS Florida Construction Lawyer Blog

Florida Real Estate Lawyer Blog

RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

By their very nature committees comprised of volunteer owners and residents should have a good understanding of the best policies and practices for their community They may be ideally suited to oversee matters that involve the collection of information from the owners as well as the subsequent assessing of the data in order to make strong recommendations for suggested solutions

Association boards should take the time to closely consider the use of different types of committees and their intended roles and responsibilities Most association governing documents will include provisions governing the establishment of volunteer committees and how their decisions will be enacted

Some of the most popular types of committees are

Architectural Control Committee (ACC) ndash Especially for single-family home communities an effective ACC plays a critical role in maintaining property values by helping to ensure that all of the owners maintain their properties in accordance with the communityrsquos covenants conditions and restrictionsCommunications Committee ndash Communicating association news via e-mail text messages websites blogs social media newsletters on-site notices mailers etc requires a great deal of planning and execution which may be ideally overseen by a committeeFinancial Committee ndash This committee helps to oversee the associationrsquos fnances budget reserves and investmentsSpecial Committee ndash This committee is charged with enforcement hearings implementing fnes and the enforcement of the communityrsquos covenants and restrictionsLandscape and Maintenance Committee ndash Primarily for sprawling HOA communities its members oversee the aesthetics maintenance and environmental sustainability of the propertyrsquos landscaping

Enter Text Search

laquo Previous | Home

Social Committee ndash Getting to know onersquos neighbors is always a worthwhile endeavor and this committee plans events for association members including seasonal festivals movie nights barbecues and fundraisers

By utilizing committees and working to see that they are consistently staffed by dedicated association members who are eager to take part associations are able to help ensure that they operate as effciently and effectively as possible while also avoiding overburdening their board members with too many issues and responsibilities When frst establishing committees associations would be well advised to consult with highly qualifed legal counsel to help ensure their proper establishment and operation

Posted in Board Service and Community Association LawTagged community association committees and condominium association committees

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134

Broward Offce8211 W Broward Blvd 250

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

Collections (34)

Rules And Restrictions (28)

Enforcement Actions (19)

Leasing And Tenants (17)

New Legislation (17)

Meetings And Elections (16)

Fraud Theft And Abuse (14)

View More Topics

Michael E Chapnick

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesAPRIL 5 2017by Michael E Chapnick

The residents of the Concord Station community north of Tampa in Land OrsquoLakes Fla recently shared their complaints and confusion with a reporter from one of their local television stations over their HOArsquos use of a drone equipped with a camera in their community

The residents indicate in the stationrsquos report that they received an online notice from their HOA alerting them that it would be ying the drone which the association confrmed that it operated over the community in addition to a vehicle equipped with a mounted camera

The residents who expressed their opposition to the HOArsquos use of a drone were concerned about the invasion of their privacy especially if the drone is recording video of their bac yards ne of them indicates f the drone is ying

Print

HOME WEBSITE CONTACT US MORE

SUBSCRIBESUBSCRIBESUBSCRIBE BY EMAIL BY EMAIL BY EMAIL

SEARCH

OUR OTHER BLOGS Florida Construction Lawyer Blog

Florida Real Estate Lawyer Blog

RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

above my property Irsquom going to consider that a trespass to our property and wersquore going to take appropriate measures to make sure that we protect our privacy rightsrdquo

The property management company for the association explains in the report that they are using the drone to chronicle all of the physical characteristics of the community in hopes

of helping to avoid the possibility of homeowner hassles in the future The video from the drone is being used for documentation of the state of the community which is now transitioning from a developer-controlled association to one that is controlled by the unit owners The company also noted that the aerial images and video could also be used for promotional and marketing purposes in the future

While it is not uncommon for community associations and their property managers to contract for professional videotaping as part of the engineering and structural inspections that they undertake when the control of the association is turned over by the developer to the owners the use of a drone appears to be a new wrinkle that some are now implementing Depending on the costs it could provide a cost-effective option for obtaining comprehensive and detailed images of the physical state of the property should any issues of latent defects ever arise

However due to the potential for concerns by the owners over the possibility of invasions of their privacy by the associationrsquos use of a drone boards of directors and property managers should use all of the means of communication that they would normally use in order to alert the owners and schedule the matter for discussion at a meeting that is open to all of the associationrsquos members They should be prepared to answer questions about the use of the drone and the benefts that would be achieved from having the images and video that it would capture

Enter Text Search

laquo Previous | Home | Next raquo

and they also must be prepared to address and respond to questions regarding the potential for invasions of privacy

By being as open as possible about the use of a drone as part of an associationrsquos property inspections during turnover an HOA should be able to address any residentsrsquo concerns that may arise and gain the understanding and approval of as many of the owners as possible

Posted in Community Association Law Developer Association Turnover and DronesTagged drone use by HOA and drones in community association

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134Phone (305) 442-3334Fax (305) 443-3292

Broward Offce8211 W Broward Blvd 250Plantation FL 33324Phone (954) 781-1134Fax (954) 465-2590

West Palm Beach Offce1655 Palm Beach Lakes Blvd

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

MAINTENANCE EXTERIOR

Identifying LeaksStopping Water Damage in Its Tracks

BY MIKE ODENTHAL 2017 APRIL

Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Water infiltration can lead to structural damage a multitude of safety hazards or the buildup of mold and mildew which in turn can cause illness

Leaks can stem from a wide array of sources from the roof to the plumbing to the foundation to the exterior envelope so not only can identifying the root cause be difficult but deciding what type of qualified

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

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Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

G R E A S E T R A P M I A M I

24 hour Emergency Service 7 days SepticTank Grease Trahellip

Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

3 5 O F F I M P A C T W I N D O W SImpact Windows amp Doors on Sale Contact Us Today amp Request hellip

Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

$022 STOCK COULD OOZE CASH - ON APRIL 29 THANKS TO TRUMP

Act by April 29 and you could cash in big thanks to this Trump Penny Stock

What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

3 FATIGUE-CAUSING FOODS - NEVER EAT THESE 3 FOODS

Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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Anatomy of a Water Leak

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

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Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

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Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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Page 2: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Does Your Community Association have Committees These committees can help with your Boards workload

httpus4campaign-archive2comu=c6d1de883ffc9165421af9705ampid=1665d94572ampe=[UNIQID][4272017 10410 PM]

Identifying Leaks - Stopping Water Damage in Its Tracksposted by Mike Odenthal The Cooperator April 2 2017 Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Read more

HOA Board Responsible For Meeting Minutes in Floridaposted by Joseph Adams Florida Condo amp HOA Law Blog April 12 2017 The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the association The minutes must reflect the vote or abstention of each director present at the meeting Read more When the Ground Gives Way - Sinkholesposted by AJ Sidranksy The Cooperator April 14 2017 California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small Read more Convicted Felons Ineligible for Condo Board Service in Floridaposted by Joseph Adams Florida Condo amp HOA Law Blog April 13 2017 The Florida Condominium Act provides specific and limited disqualifications on eligibility to run for or serve on the board of directors Read more

Upcoming Events

59 Pompano Condo Board Member Course 630-830pm KBR Pompano Beach

516 Water Leaks and Association Insurance 101 1030am-2pm Becker amp Poliakoff West Palm Beach

516 Condo amp HOA Board Certification Course 630-830pm KBR Tamarac Community Center

516 Monthly Chapter Board Meeting 830-10am CAI SE Becker amp Poliakoff

517 Monthly Delegate Meeting 930am COBWRA Bellaggio

519 HOACondoCo-Op Board Member Certification 930am-1230pm Becker amp Poliakoff Fort Lauderdale

530 Guest Restrictions amp Screening Tenants 630-730pm KBR Pompano Beach

530 Monthly Hot Topics Breakfast 730-930am CAI SE Jacaranda Country Club

530 Electronic Media for Community Associations Faxing Emails and Electronic Voting

Does Your Community Association have Committees These committees can help with your Boards workload

httpus4campaign-archive2comu=c6d1de883ffc9165421af9705ampid=1665d94572ampe=[UNIQID][4272017 10410 PM]

Florida HOA Boards Must Follow Correct Rule Proceduresposted by Joseph Adams Florida Condo amp HOA Law Blog April 4 2017

There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and notification will largely be addressed in the associationrsquos governing documents Read more Community Update Volume 8 2017posted by Becker amp Poliakoff Florida Condo amp HOA Law Blog April 5 2017

Arbitration Decisions ndash What are They and Where can I Find Them Helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes Read more

Fining Procedures Confound Condominium amp Cooperative Boards in Floridaposted by Joseph Adams Florida Condo amp HOA Law Blog April 1 2017 Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and invitees Read more Can My Condominium Association Remove Palm Treesposted by David G Muller Florida Condo amp HOA Law Blog April 18 2017 Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are

10am-12pm Becker amp Poliakoff Fort Lauderdale

May TipsKeiths Corner Prune Your Trees This month begin early preparations for the upcoming hurricane season by inspecting trees for weak and damaged branches Prune trees away from buildings and homes to prevent future damage Look into hiring an ISA certified arborist if you are unsure about pruning May is also a great month to monitor new growth of plants for micro-nutrient deficiencies displayed by the yellowing of new growth As always remember to install your sod green side up

Keith Carracher President

Complete Property Maintenance Inc Corporate Office (954) 973-3333 Jupiter Office (561) 744-3333 Fax (954) 979-1424

Does Your Community Association have Committees These committees can help with your Boards workload

httpus4campaign-archive2comu=c6d1de883ffc9165421af9705ampid=1665d94572ampe=[UNIQID][4272017 10410 PM]

adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established Read more

Keeping a Value-Adding Amenity From Being a Liability - Care and Maintenance of Skylightsposted by Elizabeth Lent The Cooperator April 13 2017

SB 184 was signed by Governor Rick Scott of FL today The new law which amends Section 83683 FS will take effect on July 1st and will apply to condominiums cooperatives HOAs and landlords Read more

Campbell appreciates your recommendationsIf you hear about neighbors that are considering a change in their property management and think Campbell might be a good fit please let us know Recommendations from our clients and partners are what has enabled us to grow over the 60+ years we have been in business

Feel free to email us at salescampbellpropertycom or visit us at wwwcampbellpropertymanagementcom

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Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

Collections (34)

Rules And Restrictions (28)

Enforcement Actions (19)

Leasing And Tenants (17)

New Legislation (17)

Meetings And Elections (16)

Fraud Theft And Abuse (14)

View More Topics

Roberto C Blanch

Community Association Boards Should Spread the Load by Relying on CommitteesAPRIL 21 2017by Roberto C Blanch

Community association board members are asked to do a great deal for the communities they serve They give up a great deal of their time and lend their varying expertise to help their communities run as smoothly and effectively as possible Given that so much is asked of the directors it is important that they take appropriate steps to delegate responsibilities to committees comprised of association members

For most community associations the benefts of involving committees are extremely worthwhile Not only do they create a forum for the implementation and enforcement of vital policies and decisions they also serve as ideal incubators for prospective future board members

Print

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RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

By their very nature committees comprised of volunteer owners and residents should have a good understanding of the best policies and practices for their community They may be ideally suited to oversee matters that involve the collection of information from the owners as well as the subsequent assessing of the data in order to make strong recommendations for suggested solutions

Association boards should take the time to closely consider the use of different types of committees and their intended roles and responsibilities Most association governing documents will include provisions governing the establishment of volunteer committees and how their decisions will be enacted

Some of the most popular types of committees are

Architectural Control Committee (ACC) ndash Especially for single-family home communities an effective ACC plays a critical role in maintaining property values by helping to ensure that all of the owners maintain their properties in accordance with the communityrsquos covenants conditions and restrictionsCommunications Committee ndash Communicating association news via e-mail text messages websites blogs social media newsletters on-site notices mailers etc requires a great deal of planning and execution which may be ideally overseen by a committeeFinancial Committee ndash This committee helps to oversee the associationrsquos fnances budget reserves and investmentsSpecial Committee ndash This committee is charged with enforcement hearings implementing fnes and the enforcement of the communityrsquos covenants and restrictionsLandscape and Maintenance Committee ndash Primarily for sprawling HOA communities its members oversee the aesthetics maintenance and environmental sustainability of the propertyrsquos landscaping

Enter Text Search

laquo Previous | Home

Social Committee ndash Getting to know onersquos neighbors is always a worthwhile endeavor and this committee plans events for association members including seasonal festivals movie nights barbecues and fundraisers

By utilizing committees and working to see that they are consistently staffed by dedicated association members who are eager to take part associations are able to help ensure that they operate as effciently and effectively as possible while also avoiding overburdening their board members with too many issues and responsibilities When frst establishing committees associations would be well advised to consult with highly qualifed legal counsel to help ensure their proper establishment and operation

Posted in Board Service and Community Association LawTagged community association committees and condominium association committees

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134

Broward Offce8211 W Broward Blvd 250

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

Collections (34)

Rules And Restrictions (28)

Enforcement Actions (19)

Leasing And Tenants (17)

New Legislation (17)

Meetings And Elections (16)

Fraud Theft And Abuse (14)

View More Topics

Michael E Chapnick

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesAPRIL 5 2017by Michael E Chapnick

The residents of the Concord Station community north of Tampa in Land OrsquoLakes Fla recently shared their complaints and confusion with a reporter from one of their local television stations over their HOArsquos use of a drone equipped with a camera in their community

The residents indicate in the stationrsquos report that they received an online notice from their HOA alerting them that it would be ying the drone which the association confrmed that it operated over the community in addition to a vehicle equipped with a mounted camera

The residents who expressed their opposition to the HOArsquos use of a drone were concerned about the invasion of their privacy especially if the drone is recording video of their bac yards ne of them indicates f the drone is ying

Print

HOME WEBSITE CONTACT US MORE

SUBSCRIBESUBSCRIBESUBSCRIBE BY EMAIL BY EMAIL BY EMAIL

SEARCH

OUR OTHER BLOGS Florida Construction Lawyer Blog

Florida Real Estate Lawyer Blog

RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

above my property Irsquom going to consider that a trespass to our property and wersquore going to take appropriate measures to make sure that we protect our privacy rightsrdquo

The property management company for the association explains in the report that they are using the drone to chronicle all of the physical characteristics of the community in hopes

of helping to avoid the possibility of homeowner hassles in the future The video from the drone is being used for documentation of the state of the community which is now transitioning from a developer-controlled association to one that is controlled by the unit owners The company also noted that the aerial images and video could also be used for promotional and marketing purposes in the future

While it is not uncommon for community associations and their property managers to contract for professional videotaping as part of the engineering and structural inspections that they undertake when the control of the association is turned over by the developer to the owners the use of a drone appears to be a new wrinkle that some are now implementing Depending on the costs it could provide a cost-effective option for obtaining comprehensive and detailed images of the physical state of the property should any issues of latent defects ever arise

However due to the potential for concerns by the owners over the possibility of invasions of their privacy by the associationrsquos use of a drone boards of directors and property managers should use all of the means of communication that they would normally use in order to alert the owners and schedule the matter for discussion at a meeting that is open to all of the associationrsquos members They should be prepared to answer questions about the use of the drone and the benefts that would be achieved from having the images and video that it would capture

Enter Text Search

laquo Previous | Home | Next raquo

and they also must be prepared to address and respond to questions regarding the potential for invasions of privacy

By being as open as possible about the use of a drone as part of an associationrsquos property inspections during turnover an HOA should be able to address any residentsrsquo concerns that may arise and gain the understanding and approval of as many of the owners as possible

Posted in Community Association Law Developer Association Turnover and DronesTagged drone use by HOA and drones in community association

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134Phone (305) 442-3334Fax (305) 443-3292

Broward Offce8211 W Broward Blvd 250Plantation FL 33324Phone (954) 781-1134Fax (954) 465-2590

West Palm Beach Offce1655 Palm Beach Lakes Blvd

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

MAINTENANCE EXTERIOR

Identifying LeaksStopping Water Damage in Its Tracks

BY MIKE ODENTHAL 2017 APRIL

Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Water infiltration can lead to structural damage a multitude of safety hazards or the buildup of mold and mildew which in turn can cause illness

Leaks can stem from a wide array of sources from the roof to the plumbing to the foundation to the exterior envelope so not only can identifying the root cause be difficult but deciding what type of qualified

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

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professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

G R E A S E T R A P M I A M I

24 hour Emergency Service 7 days SepticTank Grease Trahellip

Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

3 5 O F F I M P A C T W I N D O W SImpact Windows amp Doors on Sale Contact Us Today amp Request hellip

Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

$022 STOCK COULD OOZE CASH - ON APRIL 29 THANKS TO TRUMP

Act by April 29 and you could cash in big thanks to this Trump Penny Stock

What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

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Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

3 FATIGUE-CAUSING FOODS - NEVER EAT THESE 3 FOODS

Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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Anatomy of a Water Leak

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

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Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

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Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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RELATED ARTICLES

Page 3: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Does Your Community Association have Committees These committees can help with your Boards workload

httpus4campaign-archive2comu=c6d1de883ffc9165421af9705ampid=1665d94572ampe=[UNIQID][4272017 10410 PM]

Florida HOA Boards Must Follow Correct Rule Proceduresposted by Joseph Adams Florida Condo amp HOA Law Blog April 4 2017

There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and notification will largely be addressed in the associationrsquos governing documents Read more Community Update Volume 8 2017posted by Becker amp Poliakoff Florida Condo amp HOA Law Blog April 5 2017

Arbitration Decisions ndash What are They and Where can I Find Them Helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes Read more

Fining Procedures Confound Condominium amp Cooperative Boards in Floridaposted by Joseph Adams Florida Condo amp HOA Law Blog April 1 2017 Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and invitees Read more Can My Condominium Association Remove Palm Treesposted by David G Muller Florida Condo amp HOA Law Blog April 18 2017 Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are

10am-12pm Becker amp Poliakoff Fort Lauderdale

May TipsKeiths Corner Prune Your Trees This month begin early preparations for the upcoming hurricane season by inspecting trees for weak and damaged branches Prune trees away from buildings and homes to prevent future damage Look into hiring an ISA certified arborist if you are unsure about pruning May is also a great month to monitor new growth of plants for micro-nutrient deficiencies displayed by the yellowing of new growth As always remember to install your sod green side up

Keith Carracher President

Complete Property Maintenance Inc Corporate Office (954) 973-3333 Jupiter Office (561) 744-3333 Fax (954) 979-1424

Does Your Community Association have Committees These committees can help with your Boards workload

httpus4campaign-archive2comu=c6d1de883ffc9165421af9705ampid=1665d94572ampe=[UNIQID][4272017 10410 PM]

adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established Read more

Keeping a Value-Adding Amenity From Being a Liability - Care and Maintenance of Skylightsposted by Elizabeth Lent The Cooperator April 13 2017

SB 184 was signed by Governor Rick Scott of FL today The new law which amends Section 83683 FS will take effect on July 1st and will apply to condominiums cooperatives HOAs and landlords Read more

Campbell appreciates your recommendationsIf you hear about neighbors that are considering a change in their property management and think Campbell might be a good fit please let us know Recommendations from our clients and partners are what has enabled us to grow over the 60+ years we have been in business

Feel free to email us at salescampbellpropertycom or visit us at wwwcampbellpropertymanagementcom

Share this newsletter with friends by clicking on any of the share links below

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Copyright copy 2017 Campbell Property Management All rights reserved

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Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

Collections (34)

Rules And Restrictions (28)

Enforcement Actions (19)

Leasing And Tenants (17)

New Legislation (17)

Meetings And Elections (16)

Fraud Theft And Abuse (14)

View More Topics

Roberto C Blanch

Community Association Boards Should Spread the Load by Relying on CommitteesAPRIL 21 2017by Roberto C Blanch

Community association board members are asked to do a great deal for the communities they serve They give up a great deal of their time and lend their varying expertise to help their communities run as smoothly and effectively as possible Given that so much is asked of the directors it is important that they take appropriate steps to delegate responsibilities to committees comprised of association members

For most community associations the benefts of involving committees are extremely worthwhile Not only do they create a forum for the implementation and enforcement of vital policies and decisions they also serve as ideal incubators for prospective future board members

Print

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Florida Real Estate Lawyer Blog

RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

By their very nature committees comprised of volunteer owners and residents should have a good understanding of the best policies and practices for their community They may be ideally suited to oversee matters that involve the collection of information from the owners as well as the subsequent assessing of the data in order to make strong recommendations for suggested solutions

Association boards should take the time to closely consider the use of different types of committees and their intended roles and responsibilities Most association governing documents will include provisions governing the establishment of volunteer committees and how their decisions will be enacted

Some of the most popular types of committees are

Architectural Control Committee (ACC) ndash Especially for single-family home communities an effective ACC plays a critical role in maintaining property values by helping to ensure that all of the owners maintain their properties in accordance with the communityrsquos covenants conditions and restrictionsCommunications Committee ndash Communicating association news via e-mail text messages websites blogs social media newsletters on-site notices mailers etc requires a great deal of planning and execution which may be ideally overseen by a committeeFinancial Committee ndash This committee helps to oversee the associationrsquos fnances budget reserves and investmentsSpecial Committee ndash This committee is charged with enforcement hearings implementing fnes and the enforcement of the communityrsquos covenants and restrictionsLandscape and Maintenance Committee ndash Primarily for sprawling HOA communities its members oversee the aesthetics maintenance and environmental sustainability of the propertyrsquos landscaping

Enter Text Search

laquo Previous | Home

Social Committee ndash Getting to know onersquos neighbors is always a worthwhile endeavor and this committee plans events for association members including seasonal festivals movie nights barbecues and fundraisers

By utilizing committees and working to see that they are consistently staffed by dedicated association members who are eager to take part associations are able to help ensure that they operate as effciently and effectively as possible while also avoiding overburdening their board members with too many issues and responsibilities When frst establishing committees associations would be well advised to consult with highly qualifed legal counsel to help ensure their proper establishment and operation

Posted in Board Service and Community Association LawTagged community association committees and condominium association committees

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134

Broward Offce8211 W Broward Blvd 250

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

Collections (34)

Rules And Restrictions (28)

Enforcement Actions (19)

Leasing And Tenants (17)

New Legislation (17)

Meetings And Elections (16)

Fraud Theft And Abuse (14)

View More Topics

Michael E Chapnick

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesAPRIL 5 2017by Michael E Chapnick

The residents of the Concord Station community north of Tampa in Land OrsquoLakes Fla recently shared their complaints and confusion with a reporter from one of their local television stations over their HOArsquos use of a drone equipped with a camera in their community

The residents indicate in the stationrsquos report that they received an online notice from their HOA alerting them that it would be ying the drone which the association confrmed that it operated over the community in addition to a vehicle equipped with a mounted camera

The residents who expressed their opposition to the HOArsquos use of a drone were concerned about the invasion of their privacy especially if the drone is recording video of their bac yards ne of them indicates f the drone is ying

Print

HOME WEBSITE CONTACT US MORE

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SEARCH

OUR OTHER BLOGS Florida Construction Lawyer Blog

Florida Real Estate Lawyer Blog

RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

above my property Irsquom going to consider that a trespass to our property and wersquore going to take appropriate measures to make sure that we protect our privacy rightsrdquo

The property management company for the association explains in the report that they are using the drone to chronicle all of the physical characteristics of the community in hopes

of helping to avoid the possibility of homeowner hassles in the future The video from the drone is being used for documentation of the state of the community which is now transitioning from a developer-controlled association to one that is controlled by the unit owners The company also noted that the aerial images and video could also be used for promotional and marketing purposes in the future

While it is not uncommon for community associations and their property managers to contract for professional videotaping as part of the engineering and structural inspections that they undertake when the control of the association is turned over by the developer to the owners the use of a drone appears to be a new wrinkle that some are now implementing Depending on the costs it could provide a cost-effective option for obtaining comprehensive and detailed images of the physical state of the property should any issues of latent defects ever arise

However due to the potential for concerns by the owners over the possibility of invasions of their privacy by the associationrsquos use of a drone boards of directors and property managers should use all of the means of communication that they would normally use in order to alert the owners and schedule the matter for discussion at a meeting that is open to all of the associationrsquos members They should be prepared to answer questions about the use of the drone and the benefts that would be achieved from having the images and video that it would capture

Enter Text Search

laquo Previous | Home | Next raquo

and they also must be prepared to address and respond to questions regarding the potential for invasions of privacy

By being as open as possible about the use of a drone as part of an associationrsquos property inspections during turnover an HOA should be able to address any residentsrsquo concerns that may arise and gain the understanding and approval of as many of the owners as possible

Posted in Community Association Law Developer Association Turnover and DronesTagged drone use by HOA and drones in community association

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134Phone (305) 442-3334Fax (305) 443-3292

Broward Offce8211 W Broward Blvd 250Plantation FL 33324Phone (954) 781-1134Fax (954) 465-2590

West Palm Beach Offce1655 Palm Beach Lakes Blvd

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

MAINTENANCE EXTERIOR

Identifying LeaksStopping Water Damage in Its Tracks

BY MIKE ODENTHAL 2017 APRIL

Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Water infiltration can lead to structural damage a multitude of safety hazards or the buildup of mold and mildew which in turn can cause illness

Leaks can stem from a wide array of sources from the roof to the plumbing to the foundation to the exterior envelope so not only can identifying the root cause be difficult but deciding what type of qualified

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

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Tue May 9 630pm ndash 830pm

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Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

G R E A S E T R A P M I A M I

24 hour Emergency Service 7 days SepticTank Grease Trahellip

Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

3 5 O F F I M P A C T W I N D O W SImpact Windows amp Doors on Sale Contact Us Today amp Request hellip

Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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RELATED ARTICLES

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

$022 STOCK COULD OOZE CASH - ON APRIL 29 THANKS TO TRUMP

Act by April 29 and you could cash in big thanks to this Trump Penny Stock

What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

3 FATIGUE-CAUSING FOODS - NEVER EAT THESE 3 FOODS

Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

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Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

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You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

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Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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Page 4: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Does Your Community Association have Committees These committees can help with your Boards workload

httpus4campaign-archive2comu=c6d1de883ffc9165421af9705ampid=1665d94572ampe=[UNIQID][4272017 10410 PM]

adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established Read more

Keeping a Value-Adding Amenity From Being a Liability - Care and Maintenance of Skylightsposted by Elizabeth Lent The Cooperator April 13 2017

SB 184 was signed by Governor Rick Scott of FL today The new law which amends Section 83683 FS will take effect on July 1st and will apply to condominiums cooperatives HOAs and landlords Read more

Campbell appreciates your recommendationsIf you hear about neighbors that are considering a change in their property management and think Campbell might be a good fit please let us know Recommendations from our clients and partners are what has enabled us to grow over the 60+ years we have been in business

Feel free to email us at salescampbellpropertycom or visit us at wwwcampbellpropertymanagementcom

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Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

Collections (34)

Rules And Restrictions (28)

Enforcement Actions (19)

Leasing And Tenants (17)

New Legislation (17)

Meetings And Elections (16)

Fraud Theft And Abuse (14)

View More Topics

Roberto C Blanch

Community Association Boards Should Spread the Load by Relying on CommitteesAPRIL 21 2017by Roberto C Blanch

Community association board members are asked to do a great deal for the communities they serve They give up a great deal of their time and lend their varying expertise to help their communities run as smoothly and effectively as possible Given that so much is asked of the directors it is important that they take appropriate steps to delegate responsibilities to committees comprised of association members

For most community associations the benefts of involving committees are extremely worthwhile Not only do they create a forum for the implementation and enforcement of vital policies and decisions they also serve as ideal incubators for prospective future board members

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OUR OTHER BLOGS Florida Construction Lawyer Blog

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RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

By their very nature committees comprised of volunteer owners and residents should have a good understanding of the best policies and practices for their community They may be ideally suited to oversee matters that involve the collection of information from the owners as well as the subsequent assessing of the data in order to make strong recommendations for suggested solutions

Association boards should take the time to closely consider the use of different types of committees and their intended roles and responsibilities Most association governing documents will include provisions governing the establishment of volunteer committees and how their decisions will be enacted

Some of the most popular types of committees are

Architectural Control Committee (ACC) ndash Especially for single-family home communities an effective ACC plays a critical role in maintaining property values by helping to ensure that all of the owners maintain their properties in accordance with the communityrsquos covenants conditions and restrictionsCommunications Committee ndash Communicating association news via e-mail text messages websites blogs social media newsletters on-site notices mailers etc requires a great deal of planning and execution which may be ideally overseen by a committeeFinancial Committee ndash This committee helps to oversee the associationrsquos fnances budget reserves and investmentsSpecial Committee ndash This committee is charged with enforcement hearings implementing fnes and the enforcement of the communityrsquos covenants and restrictionsLandscape and Maintenance Committee ndash Primarily for sprawling HOA communities its members oversee the aesthetics maintenance and environmental sustainability of the propertyrsquos landscaping

Enter Text Search

laquo Previous | Home

Social Committee ndash Getting to know onersquos neighbors is always a worthwhile endeavor and this committee plans events for association members including seasonal festivals movie nights barbecues and fundraisers

By utilizing committees and working to see that they are consistently staffed by dedicated association members who are eager to take part associations are able to help ensure that they operate as effciently and effectively as possible while also avoiding overburdening their board members with too many issues and responsibilities When frst establishing committees associations would be well advised to consult with highly qualifed legal counsel to help ensure their proper establishment and operation

Posted in Board Service and Community Association LawTagged community association committees and condominium association committees

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134

Broward Offce8211 W Broward Blvd 250

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

Collections (34)

Rules And Restrictions (28)

Enforcement Actions (19)

Leasing And Tenants (17)

New Legislation (17)

Meetings And Elections (16)

Fraud Theft And Abuse (14)

View More Topics

Michael E Chapnick

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesAPRIL 5 2017by Michael E Chapnick

The residents of the Concord Station community north of Tampa in Land OrsquoLakes Fla recently shared their complaints and confusion with a reporter from one of their local television stations over their HOArsquos use of a drone equipped with a camera in their community

The residents indicate in the stationrsquos report that they received an online notice from their HOA alerting them that it would be ying the drone which the association confrmed that it operated over the community in addition to a vehicle equipped with a mounted camera

The residents who expressed their opposition to the HOArsquos use of a drone were concerned about the invasion of their privacy especially if the drone is recording video of their bac yards ne of them indicates f the drone is ying

Print

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SUBSCRIBESUBSCRIBESUBSCRIBE BY EMAIL BY EMAIL BY EMAIL

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OUR OTHER BLOGS Florida Construction Lawyer Blog

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RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

above my property Irsquom going to consider that a trespass to our property and wersquore going to take appropriate measures to make sure that we protect our privacy rightsrdquo

The property management company for the association explains in the report that they are using the drone to chronicle all of the physical characteristics of the community in hopes

of helping to avoid the possibility of homeowner hassles in the future The video from the drone is being used for documentation of the state of the community which is now transitioning from a developer-controlled association to one that is controlled by the unit owners The company also noted that the aerial images and video could also be used for promotional and marketing purposes in the future

While it is not uncommon for community associations and their property managers to contract for professional videotaping as part of the engineering and structural inspections that they undertake when the control of the association is turned over by the developer to the owners the use of a drone appears to be a new wrinkle that some are now implementing Depending on the costs it could provide a cost-effective option for obtaining comprehensive and detailed images of the physical state of the property should any issues of latent defects ever arise

However due to the potential for concerns by the owners over the possibility of invasions of their privacy by the associationrsquos use of a drone boards of directors and property managers should use all of the means of communication that they would normally use in order to alert the owners and schedule the matter for discussion at a meeting that is open to all of the associationrsquos members They should be prepared to answer questions about the use of the drone and the benefts that would be achieved from having the images and video that it would capture

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laquo Previous | Home | Next raquo

and they also must be prepared to address and respond to questions regarding the potential for invasions of privacy

By being as open as possible about the use of a drone as part of an associationrsquos property inspections during turnover an HOA should be able to address any residentsrsquo concerns that may arise and gain the understanding and approval of as many of the owners as possible

Posted in Community Association Law Developer Association Turnover and DronesTagged drone use by HOA and drones in community association

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134Phone (305) 442-3334Fax (305) 443-3292

Broward Offce8211 W Broward Blvd 250Plantation FL 33324Phone (954) 781-1134Fax (954) 465-2590

West Palm Beach Offce1655 Palm Beach Lakes Blvd

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

MAINTENANCE EXTERIOR

Identifying LeaksStopping Water Damage in Its Tracks

BY MIKE ODENTHAL 2017 APRIL

Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Water infiltration can lead to structural damage a multitude of safety hazards or the buildup of mold and mildew which in turn can cause illness

Leaks can stem from a wide array of sources from the roof to the plumbing to the foundation to the exterior envelope so not only can identifying the root cause be difficult but deciding what type of qualified

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

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Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

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Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

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RECENT ARTICLES

professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

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24 hour Emergency Service 7 days SepticTank Grease Trahellip

Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

3 5 O F F I M P A C T W I N D O W SImpact Windows amp Doors on Sale Contact Us Today amp Request hellip

Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

$022 STOCK COULD OOZE CASH - ON APRIL 29 THANKS TO TRUMP

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

3 FATIGUE-CAUSING FOODS - NEVER EAT THESE 3 FOODS

Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

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TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

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Construction

Construction Issues amp Contractual Disputes

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Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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June 20 2017

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

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Bankruptcy

Case Law amp Court Rulings

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Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

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Construction Issues amp Contractual Disputes

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Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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Anatomy of a Water Leak

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You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 5: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

Collections (34)

Rules And Restrictions (28)

Enforcement Actions (19)

Leasing And Tenants (17)

New Legislation (17)

Meetings And Elections (16)

Fraud Theft And Abuse (14)

View More Topics

Roberto C Blanch

Community Association Boards Should Spread the Load by Relying on CommitteesAPRIL 21 2017by Roberto C Blanch

Community association board members are asked to do a great deal for the communities they serve They give up a great deal of their time and lend their varying expertise to help their communities run as smoothly and effectively as possible Given that so much is asked of the directors it is important that they take appropriate steps to delegate responsibilities to committees comprised of association members

For most community associations the benefts of involving committees are extremely worthwhile Not only do they create a forum for the implementation and enforcement of vital policies and decisions they also serve as ideal incubators for prospective future board members

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RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

By their very nature committees comprised of volunteer owners and residents should have a good understanding of the best policies and practices for their community They may be ideally suited to oversee matters that involve the collection of information from the owners as well as the subsequent assessing of the data in order to make strong recommendations for suggested solutions

Association boards should take the time to closely consider the use of different types of committees and their intended roles and responsibilities Most association governing documents will include provisions governing the establishment of volunteer committees and how their decisions will be enacted

Some of the most popular types of committees are

Architectural Control Committee (ACC) ndash Especially for single-family home communities an effective ACC plays a critical role in maintaining property values by helping to ensure that all of the owners maintain their properties in accordance with the communityrsquos covenants conditions and restrictionsCommunications Committee ndash Communicating association news via e-mail text messages websites blogs social media newsletters on-site notices mailers etc requires a great deal of planning and execution which may be ideally overseen by a committeeFinancial Committee ndash This committee helps to oversee the associationrsquos fnances budget reserves and investmentsSpecial Committee ndash This committee is charged with enforcement hearings implementing fnes and the enforcement of the communityrsquos covenants and restrictionsLandscape and Maintenance Committee ndash Primarily for sprawling HOA communities its members oversee the aesthetics maintenance and environmental sustainability of the propertyrsquos landscaping

Enter Text Search

laquo Previous | Home

Social Committee ndash Getting to know onersquos neighbors is always a worthwhile endeavor and this committee plans events for association members including seasonal festivals movie nights barbecues and fundraisers

By utilizing committees and working to see that they are consistently staffed by dedicated association members who are eager to take part associations are able to help ensure that they operate as effciently and effectively as possible while also avoiding overburdening their board members with too many issues and responsibilities When frst establishing committees associations would be well advised to consult with highly qualifed legal counsel to help ensure their proper establishment and operation

Posted in Board Service and Community Association LawTagged community association committees and condominium association committees

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134

Broward Offce8211 W Broward Blvd 250

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

Collections (34)

Rules And Restrictions (28)

Enforcement Actions (19)

Leasing And Tenants (17)

New Legislation (17)

Meetings And Elections (16)

Fraud Theft And Abuse (14)

View More Topics

Michael E Chapnick

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesAPRIL 5 2017by Michael E Chapnick

The residents of the Concord Station community north of Tampa in Land OrsquoLakes Fla recently shared their complaints and confusion with a reporter from one of their local television stations over their HOArsquos use of a drone equipped with a camera in their community

The residents indicate in the stationrsquos report that they received an online notice from their HOA alerting them that it would be ying the drone which the association confrmed that it operated over the community in addition to a vehicle equipped with a mounted camera

The residents who expressed their opposition to the HOArsquos use of a drone were concerned about the invasion of their privacy especially if the drone is recording video of their bac yards ne of them indicates f the drone is ying

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Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

above my property Irsquom going to consider that a trespass to our property and wersquore going to take appropriate measures to make sure that we protect our privacy rightsrdquo

The property management company for the association explains in the report that they are using the drone to chronicle all of the physical characteristics of the community in hopes

of helping to avoid the possibility of homeowner hassles in the future The video from the drone is being used for documentation of the state of the community which is now transitioning from a developer-controlled association to one that is controlled by the unit owners The company also noted that the aerial images and video could also be used for promotional and marketing purposes in the future

While it is not uncommon for community associations and their property managers to contract for professional videotaping as part of the engineering and structural inspections that they undertake when the control of the association is turned over by the developer to the owners the use of a drone appears to be a new wrinkle that some are now implementing Depending on the costs it could provide a cost-effective option for obtaining comprehensive and detailed images of the physical state of the property should any issues of latent defects ever arise

However due to the potential for concerns by the owners over the possibility of invasions of their privacy by the associationrsquos use of a drone boards of directors and property managers should use all of the means of communication that they would normally use in order to alert the owners and schedule the matter for discussion at a meeting that is open to all of the associationrsquos members They should be prepared to answer questions about the use of the drone and the benefts that would be achieved from having the images and video that it would capture

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and they also must be prepared to address and respond to questions regarding the potential for invasions of privacy

By being as open as possible about the use of a drone as part of an associationrsquos property inspections during turnover an HOA should be able to address any residentsrsquo concerns that may arise and gain the understanding and approval of as many of the owners as possible

Posted in Community Association Law Developer Association Turnover and DronesTagged drone use by HOA and drones in community association

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134Phone (305) 442-3334Fax (305) 443-3292

Broward Offce8211 W Broward Blvd 250Plantation FL 33324Phone (954) 781-1134Fax (954) 465-2590

West Palm Beach Offce1655 Palm Beach Lakes Blvd

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MAINTENANCE EXTERIOR

Identifying LeaksStopping Water Damage in Its Tracks

BY MIKE ODENTHAL 2017 APRIL

Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Water infiltration can lead to structural damage a multitude of safety hazards or the buildup of mold and mildew which in turn can cause illness

Leaks can stem from a wide array of sources from the roof to the plumbing to the foundation to the exterior envelope so not only can identifying the root cause be difficult but deciding what type of qualified

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Identifying Leaks

Sinkholes

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professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

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finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

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24 hour Emergency Service 7 days SepticTank Grease Trahellip

Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

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Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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FirefoxChrome

Follow Florida Condo amp HOA on Twitter

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Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

Follow Florida Condo amp HOA on Twitter

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Join Florida Condo amp HOA on LinkedIn

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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Anatomy of a Water Leak

June 20 2017

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

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FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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Page 6: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

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OUR OTHER BLOGS Florida Construction Lawyer Blog

Florida Real Estate Lawyer Blog

RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

By their very nature committees comprised of volunteer owners and residents should have a good understanding of the best policies and practices for their community They may be ideally suited to oversee matters that involve the collection of information from the owners as well as the subsequent assessing of the data in order to make strong recommendations for suggested solutions

Association boards should take the time to closely consider the use of different types of committees and their intended roles and responsibilities Most association governing documents will include provisions governing the establishment of volunteer committees and how their decisions will be enacted

Some of the most popular types of committees are

Architectural Control Committee (ACC) ndash Especially for single-family home communities an effective ACC plays a critical role in maintaining property values by helping to ensure that all of the owners maintain their properties in accordance with the communityrsquos covenants conditions and restrictionsCommunications Committee ndash Communicating association news via e-mail text messages websites blogs social media newsletters on-site notices mailers etc requires a great deal of planning and execution which may be ideally overseen by a committeeFinancial Committee ndash This committee helps to oversee the associationrsquos fnances budget reserves and investmentsSpecial Committee ndash This committee is charged with enforcement hearings implementing fnes and the enforcement of the communityrsquos covenants and restrictionsLandscape and Maintenance Committee ndash Primarily for sprawling HOA communities its members oversee the aesthetics maintenance and environmental sustainability of the propertyrsquos landscaping

Enter Text Search

laquo Previous | Home

Social Committee ndash Getting to know onersquos neighbors is always a worthwhile endeavor and this committee plans events for association members including seasonal festivals movie nights barbecues and fundraisers

By utilizing committees and working to see that they are consistently staffed by dedicated association members who are eager to take part associations are able to help ensure that they operate as effciently and effectively as possible while also avoiding overburdening their board members with too many issues and responsibilities When frst establishing committees associations would be well advised to consult with highly qualifed legal counsel to help ensure their proper establishment and operation

Posted in Board Service and Community Association LawTagged community association committees and condominium association committees

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134

Broward Offce8211 W Broward Blvd 250

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

Collections (34)

Rules And Restrictions (28)

Enforcement Actions (19)

Leasing And Tenants (17)

New Legislation (17)

Meetings And Elections (16)

Fraud Theft And Abuse (14)

View More Topics

Michael E Chapnick

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesAPRIL 5 2017by Michael E Chapnick

The residents of the Concord Station community north of Tampa in Land OrsquoLakes Fla recently shared their complaints and confusion with a reporter from one of their local television stations over their HOArsquos use of a drone equipped with a camera in their community

The residents indicate in the stationrsquos report that they received an online notice from their HOA alerting them that it would be ying the drone which the association confrmed that it operated over the community in addition to a vehicle equipped with a mounted camera

The residents who expressed their opposition to the HOArsquos use of a drone were concerned about the invasion of their privacy especially if the drone is recording video of their bac yards ne of them indicates f the drone is ying

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SUBSCRIBESUBSCRIBESUBSCRIBE BY EMAIL BY EMAIL BY EMAIL

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OUR OTHER BLOGS Florida Construction Lawyer Blog

Florida Real Estate Lawyer Blog

RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

above my property Irsquom going to consider that a trespass to our property and wersquore going to take appropriate measures to make sure that we protect our privacy rightsrdquo

The property management company for the association explains in the report that they are using the drone to chronicle all of the physical characteristics of the community in hopes

of helping to avoid the possibility of homeowner hassles in the future The video from the drone is being used for documentation of the state of the community which is now transitioning from a developer-controlled association to one that is controlled by the unit owners The company also noted that the aerial images and video could also be used for promotional and marketing purposes in the future

While it is not uncommon for community associations and their property managers to contract for professional videotaping as part of the engineering and structural inspections that they undertake when the control of the association is turned over by the developer to the owners the use of a drone appears to be a new wrinkle that some are now implementing Depending on the costs it could provide a cost-effective option for obtaining comprehensive and detailed images of the physical state of the property should any issues of latent defects ever arise

However due to the potential for concerns by the owners over the possibility of invasions of their privacy by the associationrsquos use of a drone boards of directors and property managers should use all of the means of communication that they would normally use in order to alert the owners and schedule the matter for discussion at a meeting that is open to all of the associationrsquos members They should be prepared to answer questions about the use of the drone and the benefts that would be achieved from having the images and video that it would capture

Enter Text Search

laquo Previous | Home | Next raquo

and they also must be prepared to address and respond to questions regarding the potential for invasions of privacy

By being as open as possible about the use of a drone as part of an associationrsquos property inspections during turnover an HOA should be able to address any residentsrsquo concerns that may arise and gain the understanding and approval of as many of the owners as possible

Posted in Community Association Law Developer Association Turnover and DronesTagged drone use by HOA and drones in community association

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134Phone (305) 442-3334Fax (305) 443-3292

Broward Offce8211 W Broward Blvd 250Plantation FL 33324Phone (954) 781-1134Fax (954) 465-2590

West Palm Beach Offce1655 Palm Beach Lakes Blvd

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

MAINTENANCE EXTERIOR

Identifying LeaksStopping Water Damage in Its Tracks

BY MIKE ODENTHAL 2017 APRIL

Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Water infiltration can lead to structural damage a multitude of safety hazards or the buildup of mold and mildew which in turn can cause illness

Leaks can stem from a wide array of sources from the roof to the plumbing to the foundation to the exterior envelope so not only can identifying the root cause be difficult but deciding what type of qualified

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

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Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

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Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

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TAGS approval Florida hoa meeting minutes records

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Anatomy of a Water Leak

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

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Tue May 2 1000am ndash 230pm

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Tue May 9 630pm ndash 830pm

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

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Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

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Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

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Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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Anatomy of a Water Leak

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Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

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FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

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June 20 2017

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

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You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

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TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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Condominium Association Meetings Can Be Adjourned

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Can My Condominium Association Remove Palm Trees

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MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

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Care and Maintenance of Skylights

Identifying Leaks

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Exterior Inspections

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time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

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my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

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rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

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Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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Page 7: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

laquo Previous | Home

Social Committee ndash Getting to know onersquos neighbors is always a worthwhile endeavor and this committee plans events for association members including seasonal festivals movie nights barbecues and fundraisers

By utilizing committees and working to see that they are consistently staffed by dedicated association members who are eager to take part associations are able to help ensure that they operate as effciently and effectively as possible while also avoiding overburdening their board members with too many issues and responsibilities When frst establishing committees associations would be well advised to consult with highly qualifed legal counsel to help ensure their proper establishment and operation

Posted in Board Service and Community Association LawTagged community association committees and condominium association committees

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134

Broward Offce8211 W Broward Blvd 250

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

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TOPICSCommunity Association Law(226)

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Michael E Chapnick

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesAPRIL 5 2017by Michael E Chapnick

The residents of the Concord Station community north of Tampa in Land OrsquoLakes Fla recently shared their complaints and confusion with a reporter from one of their local television stations over their HOArsquos use of a drone equipped with a camera in their community

The residents indicate in the stationrsquos report that they received an online notice from their HOA alerting them that it would be ying the drone which the association confrmed that it operated over the community in addition to a vehicle equipped with a mounted camera

The residents who expressed their opposition to the HOArsquos use of a drone were concerned about the invasion of their privacy especially if the drone is recording video of their bac yards ne of them indicates f the drone is ying

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RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

above my property Irsquom going to consider that a trespass to our property and wersquore going to take appropriate measures to make sure that we protect our privacy rightsrdquo

The property management company for the association explains in the report that they are using the drone to chronicle all of the physical characteristics of the community in hopes

of helping to avoid the possibility of homeowner hassles in the future The video from the drone is being used for documentation of the state of the community which is now transitioning from a developer-controlled association to one that is controlled by the unit owners The company also noted that the aerial images and video could also be used for promotional and marketing purposes in the future

While it is not uncommon for community associations and their property managers to contract for professional videotaping as part of the engineering and structural inspections that they undertake when the control of the association is turned over by the developer to the owners the use of a drone appears to be a new wrinkle that some are now implementing Depending on the costs it could provide a cost-effective option for obtaining comprehensive and detailed images of the physical state of the property should any issues of latent defects ever arise

However due to the potential for concerns by the owners over the possibility of invasions of their privacy by the associationrsquos use of a drone boards of directors and property managers should use all of the means of communication that they would normally use in order to alert the owners and schedule the matter for discussion at a meeting that is open to all of the associationrsquos members They should be prepared to answer questions about the use of the drone and the benefts that would be achieved from having the images and video that it would capture

Enter Text Search

laquo Previous | Home | Next raquo

and they also must be prepared to address and respond to questions regarding the potential for invasions of privacy

By being as open as possible about the use of a drone as part of an associationrsquos property inspections during turnover an HOA should be able to address any residentsrsquo concerns that may arise and gain the understanding and approval of as many of the owners as possible

Posted in Community Association Law Developer Association Turnover and DronesTagged drone use by HOA and drones in community association

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134Phone (305) 442-3334Fax (305) 443-3292

Broward Offce8211 W Broward Blvd 250Plantation FL 33324Phone (954) 781-1134Fax (954) 465-2590

West Palm Beach Offce1655 Palm Beach Lakes Blvd

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MAINTENANCE EXTERIOR

Identifying LeaksStopping Water Damage in Its Tracks

BY MIKE ODENTHAL 2017 APRIL

Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Water infiltration can lead to structural damage a multitude of safety hazards or the buildup of mold and mildew which in turn can cause illness

Leaks can stem from a wide array of sources from the roof to the plumbing to the foundation to the exterior envelope so not only can identifying the root cause be difficult but deciding what type of qualified

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

G R E A S E T R A P M I A M I

24 hour Emergency Service 7 days SepticTank Grease Trahellip

Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

3 5 O F F I M P A C T W I N D O W SImpact Windows amp Doors on Sale Contact Us Today amp Request hellip

Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

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Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

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Identifying Leaks

Sinkholes

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Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

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rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

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finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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June 21 2017

Anatomy of a Water Leak

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

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Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

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Subscribe to this blog via RSS

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Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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June 21 2017

Anatomy of a Water Leak

June 20 2017

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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RELATED ARTICLES

Page 8: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Fl id HOA

TOPICSCommunity Association Law(226)

Condominium Association Law(205)

Homeowners Association Law(154)

Firm News (62)

Foreclosures (45)

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Michael E Chapnick

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesAPRIL 5 2017by Michael E Chapnick

The residents of the Concord Station community north of Tampa in Land OrsquoLakes Fla recently shared their complaints and confusion with a reporter from one of their local television stations over their HOArsquos use of a drone equipped with a camera in their community

The residents indicate in the stationrsquos report that they received an online notice from their HOA alerting them that it would be ying the drone which the association confrmed that it operated over the community in addition to a vehicle equipped with a mounted camera

The residents who expressed their opposition to the HOArsquos use of a drone were concerned about the invasion of their privacy especially if the drone is recording video of their bac yards ne of them indicates f the drone is ying

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RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

above my property Irsquom going to consider that a trespass to our property and wersquore going to take appropriate measures to make sure that we protect our privacy rightsrdquo

The property management company for the association explains in the report that they are using the drone to chronicle all of the physical characteristics of the community in hopes

of helping to avoid the possibility of homeowner hassles in the future The video from the drone is being used for documentation of the state of the community which is now transitioning from a developer-controlled association to one that is controlled by the unit owners The company also noted that the aerial images and video could also be used for promotional and marketing purposes in the future

While it is not uncommon for community associations and their property managers to contract for professional videotaping as part of the engineering and structural inspections that they undertake when the control of the association is turned over by the developer to the owners the use of a drone appears to be a new wrinkle that some are now implementing Depending on the costs it could provide a cost-effective option for obtaining comprehensive and detailed images of the physical state of the property should any issues of latent defects ever arise

However due to the potential for concerns by the owners over the possibility of invasions of their privacy by the associationrsquos use of a drone boards of directors and property managers should use all of the means of communication that they would normally use in order to alert the owners and schedule the matter for discussion at a meeting that is open to all of the associationrsquos members They should be prepared to answer questions about the use of the drone and the benefts that would be achieved from having the images and video that it would capture

Enter Text Search

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and they also must be prepared to address and respond to questions regarding the potential for invasions of privacy

By being as open as possible about the use of a drone as part of an associationrsquos property inspections during turnover an HOA should be able to address any residentsrsquo concerns that may arise and gain the understanding and approval of as many of the owners as possible

Posted in Community Association Law Developer Association Turnover and DronesTagged drone use by HOA and drones in community association

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134Phone (305) 442-3334Fax (305) 443-3292

Broward Offce8211 W Broward Blvd 250Plantation FL 33324Phone (954) 781-1134Fax (954) 465-2590

West Palm Beach Offce1655 Palm Beach Lakes Blvd

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

MAINTENANCE EXTERIOR

Identifying LeaksStopping Water Damage in Its Tracks

BY MIKE ODENTHAL 2017 APRIL

Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Water infiltration can lead to structural damage a multitude of safety hazards or the buildup of mold and mildew which in turn can cause illness

Leaks can stem from a wide array of sources from the roof to the plumbing to the foundation to the exterior envelope so not only can identifying the root cause be difficult but deciding what type of qualified

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

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Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

G R E A S E T R A P M I A M I

24 hour Emergency Service 7 days SepticTank Grease Trahellip

Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

3 5 O F F I M P A C T W I N D O W SImpact Windows amp Doors on Sale Contact Us Today amp Request hellip

Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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Anatomy of a Water Leak

June 20 2017

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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Anatomy of a Water Leak

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

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Follow Florida Condo amp HOA on Twitter

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Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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June 21 2017

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June 20 2017

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

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Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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June 21 2017

Anatomy of a Water Leak

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You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

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Exterior Inspections

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time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

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Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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Page 9: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

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RECENT ENTRIESCommunity Association Boards Should Spread the Load by Relying on CommitteesApril 21 2017

Residents of Florida HOA Speak Out Against Associationrsquos Use of DronesApril 5 2017

Why Stopping SB 398 Should Be a Bigger Priority for Community AssociationsMarch 24 2017

above my property Irsquom going to consider that a trespass to our property and wersquore going to take appropriate measures to make sure that we protect our privacy rightsrdquo

The property management company for the association explains in the report that they are using the drone to chronicle all of the physical characteristics of the community in hopes

of helping to avoid the possibility of homeowner hassles in the future The video from the drone is being used for documentation of the state of the community which is now transitioning from a developer-controlled association to one that is controlled by the unit owners The company also noted that the aerial images and video could also be used for promotional and marketing purposes in the future

While it is not uncommon for community associations and their property managers to contract for professional videotaping as part of the engineering and structural inspections that they undertake when the control of the association is turned over by the developer to the owners the use of a drone appears to be a new wrinkle that some are now implementing Depending on the costs it could provide a cost-effective option for obtaining comprehensive and detailed images of the physical state of the property should any issues of latent defects ever arise

However due to the potential for concerns by the owners over the possibility of invasions of their privacy by the associationrsquos use of a drone boards of directors and property managers should use all of the means of communication that they would normally use in order to alert the owners and schedule the matter for discussion at a meeting that is open to all of the associationrsquos members They should be prepared to answer questions about the use of the drone and the benefts that would be achieved from having the images and video that it would capture

Enter Text Search

laquo Previous | Home | Next raquo

and they also must be prepared to address and respond to questions regarding the potential for invasions of privacy

By being as open as possible about the use of a drone as part of an associationrsquos property inspections during turnover an HOA should be able to address any residentsrsquo concerns that may arise and gain the understanding and approval of as many of the owners as possible

Posted in Community Association Law Developer Association Turnover and DronesTagged drone use by HOA and drones in community association

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134Phone (305) 442-3334Fax (305) 443-3292

Broward Offce8211 W Broward Blvd 250Plantation FL 33324Phone (954) 781-1134Fax (954) 465-2590

West Palm Beach Offce1655 Palm Beach Lakes Blvd

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MAINTENANCE EXTERIOR

Identifying LeaksStopping Water Damage in Its Tracks

BY MIKE ODENTHAL 2017 APRIL

Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Water infiltration can lead to structural damage a multitude of safety hazards or the buildup of mold and mildew which in turn can cause illness

Leaks can stem from a wide array of sources from the roof to the plumbing to the foundation to the exterior envelope so not only can identifying the root cause be difficult but deciding what type of qualified

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Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

G R E A S E T R A P M I A M I

24 hour Emergency Service 7 days SepticTank Grease Trahellip

Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

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Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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Follow Florida Condo amp HOA on Twitter

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June 21 2017

Anatomy of a Water Leak

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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FirefoxChrome

Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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Anatomy of a Water Leak

June 20 2017

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

Follow Florida Condo amp HOA on Twitter

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Join Florida Condo amp HOA on LinkedIn

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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Anatomy of a Water Leak

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

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Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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Anatomy of a Water Leak

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Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 10: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

laquo Previous | Home | Next raquo

and they also must be prepared to address and respond to questions regarding the potential for invasions of privacy

By being as open as possible about the use of a drone as part of an associationrsquos property inspections during turnover an HOA should be able to address any residentsrsquo concerns that may arise and gain the understanding and approval of as many of the owners as possible

Posted in Community Association Law Developer Association Turnover and DronesTagged drone use by HOA and drones in community association

Comments are closed

201 Alhambra Cir 11th FloorCoral Gables FL 33134Phone (305) 442-3334Fax (305) 443-3292

Broward Offce8211 W Broward Blvd 250Plantation FL 33324Phone (954) 781-1134Fax (954) 465-2590

West Palm Beach Offce1655 Palm Beach Lakes Blvd

HOME middot WEBSITE middot DISCLAIMER middot CONTACT US middot WEBSITE MAP middot BLOG POSTS

MAINTENANCE EXTERIOR

Identifying LeaksStopping Water Damage in Its Tracks

BY MIKE ODENTHAL 2017 APRIL

Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Water infiltration can lead to structural damage a multitude of safety hazards or the buildup of mold and mildew which in turn can cause illness

Leaks can stem from a wide array of sources from the roof to the plumbing to the foundation to the exterior envelope so not only can identifying the root cause be difficult but deciding what type of qualified

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

G R E A S E T R A P M I A M I

24 hour Emergency Service 7 days SepticTank Grease Trahellip

Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

3 5 O F F I M P A C T W I N D O W SImpact Windows amp Doors on Sale Contact Us Today amp Request hellip

Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

SHARE

RELATED ARTICLES

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

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Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

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EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

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finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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June 21 2017

Anatomy of a Water Leak

June 20 2017

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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June 21 2017

Anatomy of a Water Leak

June 20 2017

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Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

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Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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Page 11: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

MAINTENANCE EXTERIOR

Identifying LeaksStopping Water Damage in Its Tracks

BY MIKE ODENTHAL 2017 APRIL

Despite rain being essential to life on Earth the consensus is that itrsquos mostly a bummer And the only thing worse than rain outdoors is when it gets indoors In a multifamily condo or co-op property especially where one leak can affect the daily life of an entire community waterproofing a building or complex is paramount Water infiltration can lead to structural damage a multitude of safety hazards or the buildup of mold and mildew which in turn can cause illness

Leaks can stem from a wide array of sources from the roof to the plumbing to the foundation to the exterior envelope so not only can identifying the root cause be difficult but deciding what type of qualified

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

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professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

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Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

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Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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FOLLOW US

Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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FirefoxChrome

Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

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Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

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Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 12: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

professional is best-suited to handle solving the problem can be daunting as well Also materials and manufacturers vary widely both in regard to how buildings are constructed and to how theyrsquore fixed A smart proactive board should have a number of trusted consultants to which it can turn both before a leak happens ndash to ensure that the property is adequately resistant ndash and after to guarantee that the issue gets taken care of immediately and thoroughly

Check IDThe first step in leak maintenance is identifying that a property does in fact have a leak While the indicators may seem obvious theyrsquore not always ndash and it pays to know what to look for

G R E A S E T R A P C L E A N I N G

Grease Trap Pumping amp Cleaning 247 Emergency hellip

Scott Baryiewski vice president and owner of South Shore Construction in Woodbridge New Jersey observes that water will often stain the surroundings of windows or ceilings ldquoAnd look for efflorescence on the outside of bricksrdquo he notes Efflorescence is the migration of salt to the surface of a porous material where it forms a whitish or greyish powdery stain

ldquoIf somethingrsquos leaking the residents are going to see itrdquo says Chris Heintz co-owner of Atlas Restoration in Franklin Park Illinois ldquoLetrsquos take a finished drywall for example yoursquore going to have moldy smells emanating from behind it and it will appear to change color In regard to the foundation water may pool on the outside If gutters havenrsquot been functioning properly you should check inside as they may be causing infiltration at those problem spots A lot of waterproofing is actually just mitigating waterrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

G R E A S E T R A P M I A M I

24 hour Emergency Service 7 days SepticTank Grease Trahellip

Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

3 5 O F F I M P A C T W I N D O W SImpact Windows amp Doors on Sale Contact Us Today amp Request hellip

Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

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Tue May 2 1000am ndash 230pm

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Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

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Thu May 11 1200pm ndash 100pm

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Identifying Leaks

Sinkholes

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Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

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Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

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finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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Anatomy of a Water Leak

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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Anatomy of a Water Leak

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

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Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

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June 21 2017

Anatomy of a Water Leak

June 20 2017

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Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

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Anatomy of a Water Leak

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Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

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Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

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Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

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my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

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rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

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finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

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Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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RELATED ARTICLES

Page 13: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Main SourceOnce a leak has been identified itrsquos time to trace it back to its source for the appropriate treatment Water often moves in mysterious ways so this can occasionally prove tricky

Robert Grochowski president of Robmar Restoration in Pompano Beach Florida urges boards and managers to take the age and structure of the building into account when attempting to analyze a leak ldquoHow old is the building How long has it been since it was last coated When was the last time that there was restoration done assuming there has been any How old are the windows In many of the properties we deal with windows have been in place for 40 or 50 years At some point those gaskets will blow and people will assume that a leak is coming through the wall but it really stems from the window It can feel like you need to be a forensic scientist to figure things outrdquo

ldquoBecause of gravity water wonrsquot ever come from below it will always come from aboverdquo says Baryiewski ldquoBut water is complicated something could show up somewhere that actually traveled quite a distance as water always favors the path of least resistance It could enter your building travel along a beam drip onto your ceiling and yoursquoll see a wet spot that actually came from one floor up and 15 feet awayrdquo

ldquoMinor leaks could occur continuously without your noticing them damaging external walls or occurring in an attic space unobservedrdquo adds John Bachand owner of JP Bachand Contracting in Newington Connecticut ldquoYou need to inspect your roof and examine problem areas Oftentimes a chimney or pipe that penetrates a roof can enable leaks but if water follows the trajectory of that pipe downward it can remain in that hidden cavity and you may not notice mildew or mold building uprdquo

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Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

3 5 O F F I M P A C T W I N D O W SImpact Windows amp Doors on Sale Contact Us Today amp Request hellip

Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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FirefoxChrome

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

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Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

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June 21 2017

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

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May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

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Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

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Construction Issues amp Contractual Disputes

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

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Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 14: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Heintz who specializes in below-grade waterproofing observes that similar confusion can manifest even in the basement ldquoBoards will believe that water in the basement means that therersquos a leak in the foundation but it could be the result of poor flashing around a doorway two stories up that runs behind bricks This is why retaining an expert is oftentimes the best bet to determining a source itrsquos not always cut-and-dryrdquo

ldquoGiving precise answers can be the most difficult partrdquo says Baryiewski ldquoYou can go in and repair everything within the vicinity of a leak thereby ensuring that the area is water-tight but thatrsquos also the most costly fix Your next option is to repair isolated areas from where you believe water may be entering but therersquos no guarantee that yoursquoll treat the actual leak which means yoursquoll have to return again and again until you do It costs a lot more to fix say one window at a time than it is to deal with ten at once Not to mention that between visits the problem can exacerbate

ldquoAnother option is to perform a water test where you literally isolate areas and apply water to them methodically testing areas from where water could potentially stem and confirming whether or not that is actually happening until you find the source of the leakrdquo Baryiewski continues ldquoFrom there you can investigate further in that isolated area But a lot of people donrsquot see the benefit of spending money on something that doesnrsquot strike them as a specific repairrdquo

Means and MaterialsWhat one uses to fix a leak depends on several factors including the building material the cause of the leak and the various natural elements that inflict wear and tear in that particular region

ldquoMuch of the structure in Florida is stucco unlike say New York where everything is brick-faced and block with an inner steel structurerdquo says Grochowski ldquoWe have issues with wind and rain with high-rises on the beach receiving the bulk of the impact as theyrsquore occasionally hit with 60

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

3 5 O F F I M P A C T W I N D O W SImpact Windows amp Doors on Sale Contact Us Today amp Request hellip

Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

SHARE

RELATED ARTICLES

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

Sorry the browser you are using is not currently supported Disqus actively supports the

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

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Tue May 9 630pm ndash 830pm

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Wed May 10 600pm ndash 830pm

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Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

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my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

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rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

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finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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Anatomy of a Water Leak

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

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Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

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Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

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Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

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June 21 2017

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

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Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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Anatomy of a Water Leak

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Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

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Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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Page 15: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

mph sand-laden winds that hurt the buildingsrsquo coatings You have to repaint and waterproof every seven to 10 years if you live near the waterrdquo

In New England materials used to fix a leak can run the gamut according to Bachand ldquoWe use a lot of clear silicone and good-old tar roof cementrdquo he says ldquoBelow-ground much of the problem is handled with gravity drainage systems so there are no sealants or topically applied materials Wersquore usually putting pipes in or channels or any other thing designed to divert the waterrdquo

3 5 O F F I M P A C T W I N D O W SImpact Windows amp Doors on Sale Contact Us Today amp Request hellip

Heintz confirms this ldquoItrsquos our job to ensure that all of the mitigating areas of the building are functioning properly that the gutter systems are working that the downspouts are flowing water away that sump pumps are regularly checked and the whole drainage system is working Ensuring proper grading is a very underrated part of waterproofing as building managers arenrsquot always thinking about the exterior grading But over the years the ground adjacent to a foundation will settle so all of a sudden yoursquoll have ground thatrsquos pitching toward the foundation directing water inwardrdquo

For his part Grochowski often leans on manufacturersrsquo reps to examine a property and determine how often itrsquos been painted and then they adjust from there ldquoIf a coating was put on improperly at some point there may be inner-coat adhesion which means that coating is pulling away from the originalrdquo he explains ldquoYoursquoll have to strip the area around the substrate re-prime it and go through the whole procedure

Therersquos much one has to take into account with waterproofing You can waterproof a building by cleaning it sealing it taking care of the cracks then putting 100 acrylic paint on top or you can use a waterproofing product like an elastomeric But you have to take each building case-by-

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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June 21 2017

Anatomy of a Water Leak

June 20 2017

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MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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FirefoxChrome

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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June 13 2017

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June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

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Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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Anatomy of a Water Leak

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You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

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Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

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Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

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Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 16: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

case and make the appropriate callrdquo

Who Ya Gonna CallGiven the multiple potential causes sources of and solutions for water infiltration addressed thus far it follows that there are different types of professionals better or less suited to handle specific issues In some instances a board will be able to rely on its maintenance staff or its property management to recommend the appropriate vendor but should that help not be offered itrsquos good to possess some knowledge of the various tradespeople available

ldquoIn a condo property if the leak stems from on high a contractor may need to be called if the repair requires scaffolding of some sortrdquo says Grochowski while Heintz notes that should the leak occur in a basement a board will want a waterproofing contractor Should it manifest on say the fourth floor a plumber may be the best bet as a toilet or sink may be to blame And Bachand adds that if you notice a discoloration on a ceiling from an upper floor that leak may come all the way from the very top and require a roofer to correct

The most important thing is to be observant spot a problem as early as possible and address it without delay ldquoItrsquos always more costly in the long run to let a problem lingerrdquo advises Baryiewski ldquoIf you do so yoursquoll not only have to fix the leak but yoursquoll have to fix any damage caused by not repairing the leak when it was first identified Property damage damage to interior finishesmdash you may be fixing these things over and overrdquo

Michael Odenthal is a staff writer and reporter for The South Florida

Cooperator

SHARE

RELATED ARTICLES

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

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Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

$022 STOCK COULD OOZE CASH - ON APRIL 29 THANKS TO TRUMP

Act by April 29 and you could cash in big thanks to this Trump Penny Stock

What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

3 FATIGUE-CAUSING FOODS - NEVER EAT THESE 3 FOODS

Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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June 20 2017

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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June 21 2017

Anatomy of a Water Leak

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You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 17: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Operations gt Official Records gt HOA Board Responsible For Meeting Minutes in Florida

HOA Board Responsible For Meeting Minutes in FloridaBy Joseph Adams on April 12th 2017Posted in Official Records Reader QampA

Question At the first meeting of the new board of directors of our homeownersrsquo association there was concern about approving minutes of the last meeting of the prior board Because the new members were not on the old board they were hesitant to approve the minutes Should the new board approve those minutes (CS by e-mail)

Answer Interesting question but I believe the answer is yes The Florida Homeownersrsquo Association Act requires that minutes be kept of all meetings of the board of directors of the

association The minutes must reflect the vote or abstention of each director present at the meeting Further minutes are official records of the association which must be kept by the association for 7 years and must be made available for inspection by members The statute does not address the process for approving minutes particularly when there has been turnover of some or all members of the board of directors

While not necessary dispositive on association issues Robertrsquos Rules of Order Eleventh Edition states that once read if there are no corrections offered the draft minutes presented are considered approved without a formal vote even if a motion for their approval has been made Robertrsquos goes on to state that the absences of a member from the meeting for which the minutes are being approved does not prevent that member from participating in the minutesrsquo correction or approval

Approval of minutes is a ministerial act and is not an agreement with or opinion about the actions that were taken at the meeting The minutes simply record the actions taken at the subject meeting Although I am not a proponent of audio-taping board meetings for a variety of reasons pertaining to liability concerns your question demonstrates a situation where there would be value in doing so If the ldquonew boardrdquo was truly concerned about the actions approved by the ldquoold boardrdquo they could listen to the recording

Print

TAGS approval Florida hoa meeting minutes records

Sorry the browser you are using is not currently supported Disqus actively supports the

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

$022 STOCK COULD OOZE CASH - ON APRIL 29 THANKS TO TRUMP

Act by April 29 and you could cash in big thanks to this Trump Penny Stock

What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

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Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

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June 20 2017

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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Anatomy of a Water Leak

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Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

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Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

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time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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Page 18: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

MAINTENANCE EXTERIOR

SinkholesWhen the Ground Gives Way

BY AJ SIDRANSKY 2017 APRIL

California has its landslides the Midwest its tornadoes and along with hurricanes Florida hassinkholes Theyrsquore sort of like your own personal earthquake There are many famous sinkholes both large and small The largest in the world is the Qattara Depression west of Cairo Egypt it measures

80 kilometers by 120 kilometers The famous cenotes of Mexico can also be considered sinkholes the water-filled underground caverns are sometimes open to the surface and dot the landscape of the state of Quintana Roo on the Yucatan Peninsula

Sinkholes can occur naturally (as in the case of the Mexican cenotes) or be man-made They are not uncommon in Florida as well as some other areas of the United States including New Jersey Texas Alabama Missouri

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

$022 STOCK COULD OOZE CASH - ON APRIL 29 THANKS TO TRUMP

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What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

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CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

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Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

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finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

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Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

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Anatomy of a Water Leak

June 20 2017

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

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June 21 2017

Anatomy of a Water Leak

June 20 2017

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ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

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Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

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Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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RELATED ARTICLES

Page 19: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Tennessee Pennsylvania and Kentucky As a matter of fact just few years ago a sinkhole swallowed up a warehouse and showroom in Kentucky filled with classic cars

The danger of sinkholes is proportional to their size and location of course If a sinkhole opens up in a remote rural area with few man-made structures and sparse population its impact is negligible if one should occur in the middle of Main Street in a densely populated urban area the damage can be catastrophic ndash even tragic

$022 STOCK COULD OOZE CASH - ON APRIL 29 THANKS TO TRUMP

Act by April 29 and you could cash in big thanks to this Trump Penny Stock

What is a SinkholeAccording to the website conserve-energy-futurecom naturally occurring sinkholes ldquooccur due to erosion or underground water They start developing a long time before they actually appear The ground beneath our feet is not as much of a solid structure as we think it is Itrsquos made up of dirt along with many rocks and minerals There is water continually seeping in between the mud rocks and minerals [making] its way down to the ground water reservoirs As this happens the water slowly erodes the rocks and minerals Sometimes the flow of water increases to a point when it washes away the underground structure of the land And when the structure becomes too weak to support the surface of the earth it collapses and opens up a hole This is how sinkholes are formedrdquo

Those areas which have bedrock consisting primarily of limestone and carbonate rock also known as karst are most susceptible to sinkhole formation Florida sits upon one such geological zone Floridarsquos sinkholes have swallowed up homesmdashand even part of a resort hotel building at Disney World

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

3 FATIGUE-CAUSING FOODS - NEVER EAT THESE 3 FOODS

Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

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You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

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Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

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Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

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Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

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Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

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QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

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rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

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Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

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Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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RELATED ARTICLES

Page 20: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Human activity can also contribute to the formation of sinkholes ldquoActivities like drilling mining construction broken water or drain pipes improperly compacted soil after excavation work or even heavy traffic can result in small to large sinkholesrdquo according to the website ldquoWater from broken pipes can penetrate through mud and rocks and erode the ground underneath causing sinkholes Sometimes heavy weight on soft soil can result in collapsesinkholes can also form when the land surface is changedrdquo

Identifying the ProblemJonathan McDonald is a specialist in sinkhole repair and remediation at Titan Foundation Repair Specialist LLC based in Hernando County Florida Incidences of sinkholes have been documented though in the local print and electronic media and McDonald says he has repaired sink holes in many condominium complexes nearby He differentiates between various soil problems in Florida that are sometimes mistakenly referred to as sinkholes

ldquoEveryone wants to assume that everything is a sinkholerdquo he says ldquoThey get a slight depression or a new crack and theyrsquore sure itrsquos a sinkhole We do get a lot of calls but theyrsquore not necessarily sinkholes You have to be able to see a sinkholerdquo Homes moving shifting and cracking can also be due to inadequate soil loose sand or eroding limestone ldquoYou need ground collapserdquo says McDonald ldquoNo ground collapse no sinkholerdquo He maintains that sinkhole formation has been exacerbated by ldquogrowing population a dropping water table and lack of regular rain followed by too much at oncerdquo

Another problem that can cause similar symptoms is clay terrain When clay becomes moist it expands and when it dries it contracts which can cause shifting moving and cracking that may look similar to an impending sinkhole Professional engineers or geologists and a battery of tests are required to determine what the exact cause of soil-based problems may

be and whether it might be a sinkhole

3 FATIGUE-CAUSING FOODS - NEVER EAT THESE 3 FOODS

Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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FirefoxChrome

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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Anatomy of a Water Leak

June 20 2017

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Search Go

governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

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Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

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Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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Anatomy of a Water Leak

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You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

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RELATED ARTICLES

Page 21: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

be and whether it might be a sinkhole

3 FATIGUE-CAUSING FOODS - NEVER EAT THESE 3 FOODS

Boost your energy level every day by never eating these 3 foods

Repair and RemediationThere are two main methods of sinkhole repair and remediation compact grouting and underpinning Compact grouting is usually the first method tried and can have two phases McDonald explains ldquoWe take three-inch steel pipes called casings and we drill all the way down to limestone [around the structure] which can lie anywhere from 40 feet to 120 feet down from the surface We drill three feet off the wall every 10 feet around the house The first pipe goes in at a 90-degree angle straight down The next pipe will be angled at 15 degrees because we want the grout to get under the house It goes like that all the way around the house at alternating angles Once we are done drilling we come out with the pump and we pump in the grout which is a type of concrete without the rocks By the time [the grout] reaches the limestone itrsquos way down under the house thereby supporting it Then we extract the pipesrdquo

The second phase can begin about 30 days later if an engineer determines it is needed ldquoWe repeat the process with 58-inch conduit pipe and chemical groutrdquo McDonald continues ldquoChemical grout is a liquid that turns into a foam and firms up the ground under the house by stiffening itrdquo

The second method of sinkhole remediation is known as underpinning or foundation stabilization ldquoA one-foot by two-foot hole is dug every seven feet around the buildingrdquo says McDonald ldquoWe then use an L-shaped bracket that fits into the hole and under the foundation We have three-inch casing pipe that we then push hydraulically all the way down till we hit limestone We are looking for a lift on the foundation or 3400 pounds of pressure per square-inch We use these methods for every type of structure commercial or residential including both multifamily buildings

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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FirefoxChrome

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

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Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

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GO

Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 22: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

and single family homesrdquo

Prevention and Insurance Given the multiple factors that can contribute to the formation of a sinkhole is it possible to take any type of preventive measures to avoid them Maybe ndash but in some cases lsquopreventionrsquo means avoiding building in some areas entirely or undertaking serious pre-construction stabilization of the underlying ground ldquoBefore you build in a mining or karst area you should do some testing and address the condition ahead of timerdquo says one engineer If yoursquore dealing with karst geology ldquoYou use some kind of filling flowable fill or concrete grout to fill the void With mining sites itrsquos much more difficult because of how deep the mines can go Some go down over 1000 feet So we try to fill the upper 30 or 40 feet The difficulty is how do you get the fill to stay at the top [as opposed to trickling down through the substrate as water does] Itrsquos complicated engineeringrdquo

When preventive steps arenrsquot taken ndash either because of the expense or because it simply wasnrsquot known that a piece of land was sinkhole-prone before construction was carried out ndash there is insurance coverage to protect property owners and administrators from at least some of the costs associated with collapsing earth According to TrustedChoicecom ldquoMany homeowner and business insurance policies offer special endorsements for sinkhole coverage Without this additional coverage sinkhole damage is frequently not covered [by general liability policies] If your home or business is destroyed by a sinkhole and you do not have a sinkhole insurance policy you may receive no compensation for your losses You can get coverage for your vehicle simply by including comprehensive coverage with your car or truck insurance policy This coverage will provide you with compensation for loss or damage caused by sinkholes as well as other common occurrences such as fire inclement weather falling objects and theftrdquo

Sinkhole insurance provides compensation for damages to your business or home outlying property and personal belongings kept inside the building

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChrome

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

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June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

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Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

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Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

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HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

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Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 23: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

if they are damaged as the result of a sinkhole on your property This insurance will also cover necessary preventive measures such as structural bracing to keep an impending sinkhole from causing severe damage

According to a representative for TrustedChoice the cost of sinkhole coverage can range between $30 and $100 per month translating to $360 to $1200 per year This appears to be a small price to pay compared to the possible cost of repairing or remediating sinkhole damage which as wersquove seen can run into the tens or hundreds of thousands of dollars

ldquoYou donrsquot have to be an engineer to look at the news or look online to know that Florida has a soil problem We donrsquot have to call it a sinkholerdquo says McDonald ldquoLetrsquos say itrsquos a soil problem Wersquove got inadequate soil in Florida ndash and eventually over time no matter what yoursquore going to have a problem with your house One of the smart things would be to offer packages to homeowners to shore up the soil pre-construction They can wrap up the cost of the prevention in their loan and over the next 30 years theyrsquoll never see it They never have to worry about this problem again and they wouldnrsquot need to get sinkhole coverage which can be very expensiverdquo

Legal ProvisionsOn May 17 2011 the Florida legislature passed a new sinkhole law which significantly changed the statute of limitations for filing a claim rules covering Public Adjuster and the definition of structural damage For more information click on this link httpwwwsinkholeattorneycomlegislative-updatehtm So watch those cracks and shifts and consult a professional because a sinkhole can get you into deep trouble

AJ Sidransky is a staff writer and reporter for The South Florida Cooperator

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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FirefoxChrome

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

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You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

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June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

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Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

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MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

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Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 24: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Board Eligibility gt Convicted Felons Ineligible for Condo Board Service in Florida

Convicted Felons Ineligible for Condo Board Service in FloridaBy Joseph Adams on April 13th 2017Posted in Board Eligibility Elections

Question My condominium associationrsquos annual meeting is next month Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations While he was apparently never convicted a lifetime ban from the securities industry was imposed against him and he was required to pay fines Is he eligible to run for the board (CP by e-mail)

Answer Probably The Florida Condominium Act provides specific and limited

disqualifications on eligibility to run for or serve on the board of directors Relevant here the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida is not eligible for board membership unless such felonrsquos civil rights have been restored for at least 5 years as of the date such person seeks election to the board If this person was not convicted of a felony this provision of the Act would not apply

Other limitations in the Act are as follows A person who has been suspended or removed from office by the Florida Division of Condominiums Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominiumrsquos board of directors A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible Term limits are also permissible if contained in the associationrsquos bylaws

Print

TAGS board Condominium election eligibility felony Florida fraud

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Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

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governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

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Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

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a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 25: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Covenant EnforcementViolations gt Rules amp Regulations gt Florida HOA Boards Must Follow Correct Rule Procedures

Florida HOA Boards Must Follow Correct Rule ProceduresBy Joseph Adams on April 4th 2017Posted in Governing Documents Rules amp Regulations

Question Our homeownersrsquo association documents say that the board can adopt rules but donrsquot spell out how to do it What procedures that must be followed Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members (RL by e-mail)

Answer There is very little in the Florida Homeownersrsquo Association Act that addresses the procedure by which rules are to be adopted Particulars regulating rule adoption and

notification will largely be addressed in the associationrsquos governing documents

I have seen provisions that require the board to provide notice of an effective date a certain number of days before a rule can be enforced I have also seen provisions that state that the rules cannot be enforced until a copy of the newly adopted rules is provided to all members I have even seen provisions that allow the board to adopt and enforce rules but then provide the members with the right to veto those rules None of this is addressed in the Act

The Act does not say that the board is not automatically given the authority to adopt rules That authority must flow from the governing documents In some homeownersrsquo associations documents I have reviewed (especially older documents) the board is only given authority to adopt rules regulating the common areas and procedural rules pertaining to the administration of the association This would preclude the board from adopting rules governing the parcels (lots and homes)

Unless otherwise provided in the governing documents procedural rules and regulations regulating the use of the common areas can be adopted at a regular meeting of the board after providing the notice required by the associationrsquos bylaws (which is typically 48 hours posted notice)Where the governing documents give the board rulemaking authority as to the parcels the Act requires

that the board first provide the association members with mailed or delivered notice at least 14 days in advance of the meeting The notice must specifically state that rules regarding parcel use will be considered but there is no requirement to provide a copy of the proposed rules (though there may be a requirement to do so in the governing documents)

While the association is not obligated by statute to send out a copy of new rules after adoption common sense dictates that the best way to gain compliance is to let members know what rules have been adopted by providing a copy It is also a basic due process concept

These same principles apply to architectural guidelines adopted by the entity authorized to do so in the

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 26: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

governing documents (usually the board of directors sometimes the architectural review committee) Since architectural guidelines dictate what an owner can or cannot do on his or her parcel 14 days advance written notice must be given

Rules that are not adopted under proper authority or by following proper procedures are subject to legal challenge If the board has a question about rule adoption or enforcement the associationrsquos legal counsel should be asked to provide guidance

Print

TAGS Florida HOA board homeowners association notice procedures rules

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 27: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Community Update gt Community Update Volume 8 2017

Community Update Volume 8 2017By Becker amp Poliakoff on April 5th 2017Posted in Community Update

In this Issue

Arbitration Decisions ndash What are They and Where can I Find Them helps you locate decisions from the Division of Florida Condominiums TimeShares and Mobile Homes

But I marked it ldquoPaid in Fullrdquo will help you figure out what a restrictive endorsement on an assessment payment from an owner means to your community

Proper Accounting Matters provides tips aimed at helping an Association preserve its rights to pursue delinquent members

Print

TAGS accounting arbitration community update Condominium cooperative Florida hoa

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 28: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Uncategorized gt Fining Procedures Confound Condominium amp Cooperative Boards in Florida

Fining Procedures Confound Condominium amp Cooperative Boards in FloridaBy Joseph Adams on March 30th 2017Posted in Association Documents Governing Documents Reader QampA Rules amp Regulations Suspensions Fines amp Remedies Uncategorized

Question Our association tried to fine an owner who violated our rules but decided the process was too complicated Can you provide a step-by-step outline of how fines are issued and collected (MG by e-mail)

Answer Fines can be imposed against condominium and cooperative unit owners occupants licensees and invitees The law for homeownersrsquo associations authorizes fines against members membersrsquo tenants guests and inviteesCondominium and cooperative fines are capped

at $100 per day and capped at $1000 for continuing violations Homeownersrsquo association fines may not exceed $100 per violation unless otherwise provided in the governing documents There is also a $1000 aggregate cap but again the governing documents may permit a greater (or lesser) aggregate fine

This is generally how it works

1 The board must appoint an independent committee (often called the fining committee or compliance committee) The condominium and cooperative laws only allow unit owners to be fining committee members and they cannot be board members or live with board members There is no ownership requirement in the homeownersrsquo association statute HOA fining committee members may not be officers directors or employees of the association or the spouse parent child brother or sister of an officer director or employee The homeownersrsquo association statute requires a minimum of 3 committee members The condominium and cooperative laws are silent The Florida corporation law provides that any committee must have at least 2 members

2 If a violation is to be considered for a fine the board meets at a duly-noticed meeting reviews the matter and ldquoleviesrdquo a fine if deemed appropriate

3 After the board levies the fine the person to be fined is then entitled to a hearing before the committee Notice must be received at least 14 days in advance of the hearing If the bylaws require other information to be contained in the notice such as citation to the relevant document being violated or the proposed amount of the fine that information needs to be included

4 If the association does not hear from the party to be fined or the individual does not actually appear at the hearing it is my belief that the hearing should still be held

5 At the hearing the committee must afford basic due process and allow the accused to be heard state their case and challenge evidence against them The committee must then either

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 29: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

ldquoconfirmrdquo or ldquorejectrdquo the fine If the committee rejects the fine the matter is over

6 If the committee confirms the fine the board then ldquoimposesrdquo it After the board has imposed the fine a letter should be sent advising of the amount of the fine and the date due

7 If the person who owes the fine does not pay the condominium and cooperative statutes prohibit filing liens The statute for homeownersrsquo associations states that no fine of less than $1000 can be secured by a lien presumably meaning that fines of $1000 or more can be subject to lien if authorized by the governing documents In most cases a lawsuit in small claims court is the proper venue to collect a fine The statute for homeownersrsquo associations provides that in any legal action to collect a fine the prevailing party is entitled to recovery of their attorneysrsquo fees from the non-prevailing party While the statutes for condominiums and cooperatives do not contain the same language it is generally believed that the generic provisions of those statutes allow for the recovery of attorneysrsquo fees for legal actions brought under the statute entitle the prevailing party to attorneysrsquo fees Fines are ldquomonetary obligationsrdquo and can result in the suspension of voting rights and disqualification from board service

It is my recommendation that associations have a written fining policy in place including hearing procedures which can be prepared by your associationrsquos attorney who can also determine whether any changes to your governing documents also are needed

Print

TAGS collections Condominium cooperative fining Florida procedure violation

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 30: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

HOME ABOUT IN THE NEWS ON DEMAND CONTACT

Home gt Association Documents gt Can My Condominium Association Remove Palm Trees

Can My Condominium Association Remove Palm TreesBy David G Muller on April 18th 2017Posted in Association Documents Common Areas Governing Documents Landscaping Material Alteration

Question Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings They claim their roots threaten the sidewalk pavers but there are low cost solutions to address that concern The board also raises a concern regarding the palm fronds touching the roofs but that is easily remedied by trimming the trees which has been done before successfully The palms are a beautiful amenity that we all paid for initially and which many people love Six large upstairs windows look out on these lovely trees that also prevent the courtyards

from becoming hot-house ovens in summer Is an owner vote required to take down these trees and if so what percentage is needed for removal of these trees RW via e-mail

Answer The answer to your question will depend on several factors including the language contained within the governing documents and whether the threat posed by the trees to the condominium property necessitates removal Whether the removal of trees rises to the level of a ldquomaterial alterationrdquo to the common elements requires a fact-specific analysis

Disputes regarding a condominium association boardrsquos authority with respect to common element alterations are adjudicated in the Statersquos mandatory non-binding arbitration program There have been a number of arbitration decisions dealing specifically with landscaping changes but no bright line rule has been established In one case the arbitrator noted that ldquowhen a tree is removed the essential nature of the common elements is changed which in turn may constitute an alteration of those common elements (whether material or not will turn on the facts in a particular case)rdquo

In a different case the arbitrator ruled that changes in landscaping may have altered the common elements somewhat but that such alterations fell within the ldquobusiness judgmentrdquo of the board The arbitrator held that the removal of ldquosomerdquo shrubs and the planting of ldquosomerdquo new plantings did not ldquomateriallyrdquo alter the common elements The arbitrator further noted that where the removal of a large number of trees bushes and shrubs could not be justified as part of the associationrsquos duty to maintain repair and replace the common elements the removal (without any re-planting) could result in a material alteration to the common elements

Given the large number of trees your condominium association is considering removing it is possible that the material alteration rule could be triggered Then the specific language of your governing documents will need to be reviewed to determine whether the board has the authority to approve material alterations or whether a certain percentage of unit owner approval is required to approve a material alteration

Follow Florida Condo amp HOA on Twitter

Subscribe to this blog via RSS

Join Florida Condo amp HOA on LinkedIn

Subscribe to this blog by email

Becker amp Poliakoff includes the largest group of legal professionals dedicated exclusively to serving clients living in condominium homeowners associations or coops More

Lunch amp Learn Disaster Preparedness amp Recovery Are you Ready to Weather the Storm

June 21 2017

Anatomy of a Water Leak

June 20 2017

HOACONDOCO-OP Board Member Certification Everything you Wanted to Know about Being

GO

Search Go

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 31: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

You should also be aware that there are other arbitration cases which have applied a ldquonecessary maintenancerdquo exception to the ldquomaterial alteration rulerdquo In these cases arbitrators have held that board action to approve a material alteration without first obtaining unit owner approval (as may otherwise be required in the governing documents) can be permissible if said alteration falls within a ldquonecessary maintenancerdquo exception In other words if the removal of all these trees is necessary to preserve and protect the condominium property the arbitrator held that the board has the authority to take this action even if it otherwise would be considered a material alteration

Print

TAGS common elements Condominium Florida landscaping maintenance palm tree removal

Sorry the browser you are using is not currently supported Disqus actively supports the following browsers

FirefoxChromeInternet Explorer 11+Safari

a Board Member

June 13 2017

Disaster Preparedness and Recovery Are you Ready to Weather the Storm

June 6 2017

Electronic Media for Community Associations Faxing Emails and Electronic Voting

May 30 2017

Condominium Association Meetings Can Be Adjourned

Two More Weeks Left in the 2017 Legislative Session What Bills are Most Likely to PassmdashCALL Alert for April 24 2017

Eligibility to Run for Condominium Board Depends on Governing Documents

Can My Condominium Association Remove Palm Trees

Jay Roberts Obtains Court of Appeals Reversal

advocacy

Assessment Collection

Bankruptcy

Case Law amp Court Rulings

Owner Payment Responsibility

Safe Harbor

Association Documents

Board Eligibility

CALL Alert

CAM

Common Areas

Safety and security

Communities of Excellence

Community Update

Construction

Construction Issues amp Contractual Disputes

Covenant EnforcementViolations

Arbitration amp Court Rulings

Rules amp Regulations

Suspensions Fines amp Remedies

Developer Obligations

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 32: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

MAINTENANCE EXTERIOR

Care and Maintenance of SkylightsKeeping a Value-Adding Amenity From Being a Liability

BY ELIZABETH LENT 2017 APRIL

No matter what time of year the addition of natural light into a living space can do more to boost the spirits of its occupants than just about anything else For a dark kitchen a gloomy study or a bedroom that lacks that special something a skylight can bring that natural light into the mix and help completely transform a room As an unquestionable bonus skylights can offer too a window into a summer sky or a star-filled night

ldquoSkylights are a wonderful thing to light up a roomrdquo says Mary Lou Hughes owner of Nature Vue Skylights in Jacksonville Florida ldquoThey make a home more valuable and you get your money back if not morerdquo

Best of all as new technologies have developed skylights have become less expensive easier to install and nearly maintenance free ldquoFor a long

Thu Apr 27 300pm ndash 400pm

Becker and Poliakoff Covering Your Assets Avoiding Board Member Liability

Tue May 2 1000am ndash 230pm

Becker and Poliakoff Condo Association Insurance Seminar

Tue May 9 630pm ndash 830pm

Kaye Bender Rembaum Free Condominium Board Education Course

Wed May 10 600pm ndash 830pm

Kaye Bender Rembaum Free Homeowner Association Board Member Certification Course

Thu May 11 1200pm ndash 100pm

Becker and Poliakoff Lunch amp Learn Dealing With Difficult People

Show more events

QampA Document Snafu and the Master Association

Care and Maintenance of Skylights

Identifying Leaks

Sinkholes

Exterior Inspections

EVENTS

RECENT ARTICLES

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 33: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

time skylights were plasticrdquo says Hughes ldquoNow theyrsquore double-paned glass They are so much more energy efficient and durable than plastic The interest in skylights has really grown because they are more energy efficient and are better products nowrdquo

F I N D L O C A L C O N T R A C T O R S

Connect With Local Contractors View Profiles Ratings amp hellip

Finding the Best MatchThere are skylights to meet the tastes and design standards of just about any homeowner ldquoVELUX is the most popular manufacturer on the marketrdquo says Rick Music residential project manager at All American Exterior Solutions in Lake Zurich Illinois ldquoThey offer skylights in multiple sizes and different types including deck-mounted curb-mounted and sun tunnelsrdquo

Music estimates that the majority of skylights he installs in residential buildings are deck-mounted That means they are nailed directly into the roof deck which is the foundation that serves as a base for the whole roofing system By contrast curb-mounted skylights are mounted on a wooden framemdashcalled a curbmdashthat is built around the opening on the roof The VELUX Sun Tunnel skylights are basically capped tubes that are inserted in the roof and create a ldquotunnelrdquo through which light enters the home

Greg Header president of Solar Innovations a skylight installation firm based in Pennsylvania with licensed contractors throughout the country says that curb-mounted skylights are usually the best bet for multifamily buildings in an urban setting The four-inch curb height recommended in many properties for example ldquohelps keep water out of the building especially in those with flat roofsrdquo

Robert Nordlund on Funding Your ReservesA communication error during

my interview showed up in this article Typical Reserve contributions are 15-40 of an associations total budghellip

April Cook on A Breath of Fresh AirI didnt realized that some

rubbish chutes would need to be washed as much as three times a year How exactly is a chute cleaned It seems lhellip

CHRIS CRISCUOLO on Inside A Buildingrsquos Anatomyenjoy your news letter very

informativethanks LOTS OF GOOD ADVICE

Bill Eagan on QampA Boards and Contract DealingsI belong to HOA and would like

to know 1 Can a Board Member independently make a decision without an okay from other board members Mohellip

Murat on Caring for Your ExteriorPlaster and stucco are in gearnel

finishes for concrete or concrete block walls Plaster is cementisious material with a base of sand or talhellip

RECENT COMMENTS

FOLLOW US

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 34: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Header adds that skylights on a curb are also more accessible than deck-mounted models mdash so in 30 years if tastes change or any component of the skylight requires repair or replacement thatrsquos much more easily accomplished ldquoIf you do these properly they can last as long as the roofrdquo he says

In communities and associations comprised of more traditional stand-alone homes Hughes says tunnel lights are becoming increasingly popular Whereas traditional skylights require a carpenter to build a well in the ceiling so that the light can come through the installation of a tunnel light takes far less time and effort ldquoThe tube takes one person a couple of hours to install while the traditional skylight can take two men a full day for the framing insulation drywall painting and trimrdquo says Hughes

Other pluses for the tunnel light are cost with tunnels coming in at a little over a third of the cost of a more traditional two-foot by four-foot skylight Because the inside of the tube is made of aluminum ldquoItrsquos like a mirror and reflects a lot of lightrdquo says Hughes In fact ldquoA 14-inch diameter tube skylight will light up the same area as a two-foot by four-foot skylightrdquo

For those looking for an inspiring view of the sky though the traditional skylights remain the best bet Blinds also can be installed so that those views and the sunlight or moonlight streaming through can be softened as desired

Keep the Light ComingAnyone who grew up in the 1970s with a skylight in the house recalls the inevitable cloudy glass the leaves and detritus of spring and autumn getting wedged around the edges the occasional drop or drizzle of water

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 35: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

finding its way down from the ceiling Thankfully todayrsquos skylights have little in common with their ancestors Most of the concerns ndash real or imagined ndash that homebuyers may once have had about skylights have been close to eliminated

A good skylight experience begins with hiring the right people to do the installation A typical job will require a carpenter to build the interior portion of the skylight They will cut the drywall insulate the shaft and take care of the pilot holes where the skylight unit itself will be placed

Then says Music a roofer will cut the plywood on the roof level it off place the skylight install the flashing and replace the shingles While the roof installation may take four to six hours the interior work will take longer as the carpenter works not only to finish off the shaft but also to return the ceiling to its pre-installation condition

In condo buildings and associations the installation of any skylight will be preceded by discussions with board members managers and residents Musicrsquos team recently completed the installation of skylights in a 107-home condo community ldquoWe made a presentation to the board and we did a presentation for the residentsrdquo he says The talks with residents allowed the installers to share details on how the installations would work how and when they would need to access individual units and field questions from

residents ldquoTalking with the residents was very helpfulrdquo Music says

For individuals who live in a more traditional home within an association Header suggests first looking for examples of the type and style of skylight unit the owner might want and then consulting a reputable manufacturer on the installation process and cost estimate before taking the request to the communityrsquos manager ldquoIf you go with nothing in hand theyrsquore more likely to say nordquo he says

BEST VALUE IMPACT WINDOWS - OUR REPUTATION IS OUR STRENGTH

With 40+ years experience we can protect you Engineered amp Fabricated in the USA

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 36: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

Hughes recommends in-home consultations for residents before they commit to any purchase ldquoLight is a very personal thingrdquo she says ldquoOne person might want one skylight in the kitchen while someone else might want threerdquo Having those early discussions will help ensure satisfaction with the final result

No matter what other choices are made about style size placement or anything else Hughes reminds residents that ldquoYou always want to have a licensed and insured contractor before anyone works on your roofrdquo

Care and MaintenanceOnce installation has been completed residents boards and managers will want to ensure that their new investment lasts as long as possible The risk of any deterioration in a skylight depends for the most part on the style of the skylight and the roof on which it is being installed ldquoA cedar shake roof that requires maintenance because it splits could let in ice and water and that could affect the skylightrdquo says Music ldquoWith a shingle designed to last 50 years though there arenrsquot a lot of problemsrdquo

Any problems that develop with the skylight tend to be the result of water infiltration ldquoIf a skylight seal is broken or breached yoursquoll see condensation discoloring mildew or cracking with the drywallrdquo says Header ldquoThe most important thing is what you installed originally If moisture gets in the glass it can freeze and actually cause the glass to crackrdquo With proper installation however the vast majority of those issues can be avoided

In addition says Header ldquoIf the skylight is in a shaft the heat [from inside] can build up If thatrsquos not ventilated properly and you get too much extreme heat or cold it can really begin to wear on the interior drywallrdquo

Inspecting skylights during regular roof inspections is one way to monitor the health and well-being of the glass flashing and perimeter of each individual skylight ldquoThe skylight is part of the roof so whenever you have

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES

Page 37: brought to you by · 5/12/2012  · These committees can help with your Board's workload. ... May Tips Keith's Corner: Prune Your Trees! This month, begin early preparations for the

that checked you want to check the flashing on the skylight as wellrdquo says Hughes ldquoBut if everything was done correctly in the beginning you shouldnrsquot have to worry about them for a very long timerdquo In fact Hughes continues ldquoThere really is not much to do Traditional skylights are self-cleaning For 99 percent of skylights no one ever has to do anythingrdquo

Skylights can also be a good indicator of how well the HVAC system of a building or home is working If it is pumping out any dust it may end up in the glass or light well of the skylight which will then require some vacuuming or a good sweeping out

The glass in contemporary skylights also has been designed to cut ultraviolet rays in order to save furniture and flooring from any potential sun damage says Music

Ultimately for unit owners and shareholders who value a window into the natural world the rewards of a skylight far outweigh the costs They can brighten the gloomiest corner of a home whether a hallway kitchen or living room giving a new look and fresh perspective to the space And in the darkest days of winter when the general mood hovers at its lowest point skylights can bring back the sunshine and a reminder that better days are ahead

Elizabeth Lent is a freelance writer and frequent contributor to The South

Florida Cooperator

SHARE

RELATED ARTICLES