Kaye Bender Rembaum on ‘Ask the Experts’ | May 26, 2022
This edition features attorneys Michael S. Bender (Pompano Beach location) and Peter C. Mollengarden (Palm Beach Gardens location).
Now also live on the last Thursday of each month, from 6:03pm to 7:00pm Eastern. Do you have questions about your condominium, homeowners’ or cooperative association? Get your questions answered live on-air, anytime during the live show by calling: 888-565-1470. Features attorneys from our offices throughout the state of Florida.
Hurricane Season Preparedness
As with each year, we hope for a season with no hurricanes coming our way. However, it is safe to expect that there may be at least one such event in the coming months and, at the start of the hurricane season, it is prudent to plan for that possibility. Some of the planning steps that should be considered include the following:
- Create a disaster plan and establish off-site contact information and meeting points.
- Establish evacuation routes and conduct building or community evacuation drills in the weeks leading up to and once the hurricane season has begun.
- Verify that emergency generators and supplies operate and that fuel, flashlights, batteries, water, and other necessities are available.
- Backup computer files and store information offsite, in case computers crash or systems fail.
- Secure the premises. Make preparations for routine lockdown of the building(s) or other facilities as a storm approaches, so the building(s) is(are) secure during the storm and safe from vandalism or looting if a hurricane strikes.
- Write a list of owners and employees. Have on hand a current, hard-copy reference list complete with the names of all property owners, emergency contact numbers, and details of second residence addresses, as well as a list of all association employees, with full contact details.
- Photograph or video the premises. Keep a visual record through video or photographs of premises, facilities, and buildings to facilitate damage assessment and speed damage claims in a storm aftermath. Consider having the premises evaluated by appropriate professionals to establish the conditions prior to any hurricane event. (see further details on this item below)
- Make a building and facilities plans. Make sure a complete set of building or community plans are readily available for consultation by first responders, utilities workers, and insurance adjusters following a storm.
- Check all insurance policies and agent details. Be sure all insurance policies are current and coverage is adequate for community property, facilities, and common areas and compliant with State Law; full contact details for insurance companies and agents should be readily available in the event of a storm.
- Maintain bank account details and signatories. Keep handy a list of all bank account numbers, branch locations, and authorized association signatories, and make contingency plans for back-up signatories in case evacuation or relocation becomes necessary.
- Prepare to mitigate damages. In the immediate aftermath of a storm, take the necessary steps to mitigate damages. This includes “drying-in,” which is the placement of tarps on openings in the roof and plywood over blown out doors and windows, and “drying-out,” which is the removal of wet carpet and drywall to prevent the growth of mold.
- Remove debris.Have a plan for the speedy removal of debris by maintenance staff, outside contractors, or civic public works employees should a hurricane topple trees and leave debris in its wake.
- Reach out to your professionals. Be in touch with your management team and legal counsel to assist in guiding you in making fully informed business decisions to best protect your Community
Webinar | Conflicts of Interest – What You Need to Know
This course is for educational purposes and is not to be considered as legal advice. Watching this video on demand does not satisfy any state requirements, nor does this on-demand viewing offer any CEU for licensed managers.
Join attorney Allison L. Hertz and learn to identify potential conflicts of interest, how to document disclosures, internal controls and training staff, directors and officers, any new statutory requirements and penalties and best practices for associations.
Kaye Bender Rembaum on ‘Ask the Experts’ | May 5, 2022
Live on the first Thursday of each month, from 6:03pm to 7:00pm Eastern. Do you have questions about your condominium, homeowners’ or cooperative association? Get your questions answered live on-air, anytime during the live show by calling: 888-565-1470. Features attorney Robert L. Kaye, a Board Certified Specialist in Condominium and Planned Development Law.
Kaye Bender Rembaum on ‘Ask the Experts’ | April 7, 2022
Live on the first Thursday of each month, from 6:03pm to 7:00pm Eastern. Do you have questions about your condominium, homeowners’ or cooperative association? Get your questions answered live on-air, anytime during the live show by calling: 888-565-1470. Features attorney Robert L. Kaye, a Board Certified Specialist in Condominium and Planned Development Law.
LAST SURFSIDE-INSPIRED BILL FAILS: A Perfect Opportunity Lost
Rembaum's Association Roundup | Jeffrey A. Rembaum, Esq., BCS
As a result of the 2022 Florida legislative session, there will be no new statutes requiring mandated building/engineering inspections, no statutory changes to budgeting procedures, no mandated reserve study requirements, and no statutory changes to required disclosures.
While only a very few Florida counties have mandated in their code of ordinances that older condominium buildings have life-safety inspections, that does not mean required maintenance and proper planning can be otherwise avoided elsewhere. Board members must exercise their fiduciary duties with due care and due diligence. Voluntary engineering inspections and professional reserve studies should be considered to take place on a regular schedule. Maintenance, repairs, and replacements should be budgeted and funding sources properly identified.
News from CAI | Florida Lawmakers Fail to Reach Agreement on Condominium Safety Bill
Jeffrey Rembaum quoted in Florida Politics’ | Last Surfside-inspired Bill Dies, Observers Bemoan Lost Opportunity
Florida Politics is a statewide, new media platform covering campaigns, elections, government, policy, and lobbying in Florida.
The bill that died Friday was one of nine bills that proposed to change condo association regulations.
The Legislature’s inability to pass any legislation updating condo regulations in the wake of last summer’s disaster that killed 98 people stunned observers.
The Senate Thursday passed House-approved legislation (HB 7069) that would have required regular inspections of aging multifamily buildings three stories or taller. As she explained the bill, Sen. Jennifer Bradley resolved the Surfside disaster would never happen again.
According to the legislation, condo buildings within three miles of the coast would have been inspected when they reach 25 years of age; others, at 30 years. The Senate amended the bill, taking out the House bill’s provisions regulating how much reserve funding condos were required to have and when studies should be done of how much reserve would be needed.
“It’s amazing to me they couldn’t reach consensus,” said Jeffrey Rembaum, a Palm Beach Gardens lawyer certified in condo and planned development law. “I’m at a loss for words. We depend on our Legislature to pass laws to keep us safe. They had a perfect opportunity to limit the chance this would happen again and they did nothing.
“It’s a sad state of affairs,” he added.
Read the full article here (you will be redirected in a new tab)