Florida Association News Blog

Campbell Port St. Lucie Office Campbell Property Management has opened their sixth office in Port St. Lucie, Florida.

They have built a strong presence in Port St. Lucie over the past few years. This local office will better accommodate the needs of the homeowner and condominium associations that Campbell manages in Martin, St. Lucie and Indian River counties.

Some of Campbell’s current association customers that will benefit from the new location include TownMark Master, Canopy Creek HOA & Club, Watersong, River Marina Neighborhood, Vizcaya Falls and many more.

Port St. Lucie Office
525 NW Lake Whitney Place, Suite 202
Port St. Lucie, FL 34986
Phone: (772) 218-5405

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags Campbell Property Management New Office in Port St. Lucie, Florida, Port St. Lucie No Comments »

South Florida is a region where seasonal rains fall over flat lands that offer little drainage. It is imperative that associations understand their stormwater systems and that ongoing maintenance of drainage systems is performed for flood prevention and compliance.

Some counties and local water control districts require licensing and renewal of the permits for the operation and maintenance of surface water management systems. This benefits landowners by preventing flooding and helping to maintain water quality. Stormwater systems consist of combinations of the following components: lakes, canals, retention basins, swales, drainage structures, and stormwater pumping stations, to name a few. Routine maintenance and certification ensures that the system operates efficiently. It should be noted that in Broward County, failure to renew licenses may result in fines. Property Managers should be aware of local and county regulations and permits for each property they manage. Proper budgeting for the maintenance of stormwater systems is important.

Proper operation of a stormwater drainage system includes the following items:

All catch basin grates, stormwater manhole covers and outfalls are to be free and clear of all obstructions.
All catch basins are to be substantially free of mud, debris, silt and pollutants.
There are to be no areas of sunken pavement that are likely to be the result of a drainage system failure.
There are to be no deteriorated headwalls or broken grates.
Weirs and internal baffles must be in place, and in proper working condition.
Swales and retention/detention areas must not have been modified.
The system must be certified that it has not been modified or expanded and that all components of the surface water management system are functioning in substantial conformance with the plans and specifications licensed by the county.

A final inspection by a certified engineer usually includes, but is not limited to, a visual inspection of all outfalls, grates, stormwater manhole covers, weirs, baffles, manholes, and catch basins. The inspection of underground culvert pipes is normally required only if the engineer concludes that there is evidence of need. With proper budgeting, managers will be able to put necessary maintenance costs for drainage systems into an affordable posture for their clients.

Homeowner Associations, property managers and residents play a vital role in managing the drainage systems in their area. By being familiar with the components in their communities, residents and managers can become active in helping to prevent flooding and pooling water. Drainage systems in your neighborhood should be inspected regularly, checking to see if trash, vegetation and sediments are being removed. Keeping records for jurisdictional agencies is important in preventing potential problems.

By Colleen Sullivan, Marketing Manager, Allstate Resource Management

Tags drainage systems, Flood prevention, Florida HOA, Stormwater, Stormwater systems 1 Comment

Campbell Property Management Thanks to all of the Board Members who attended The Campbell Community Appreciation Event on April 16, 2019 at The Fort Lauderdale Marriott North.

Nearly 300 Board members from Broward County enjoyed a Mini Vendor Trade Show, education and entertainment during a cocktail hour.

Campbell Property Management A big thank you to all of our sponsors:
Mack Mack & Waltz
USI
Complete Property Maintenance
CenterState Bank
Sherwin-Williams
Kaye Bender Rembaum
Rosenbaum PLLC
CSI
Katzman Chandler
All County Paving
Advanced Roofing
Alliance Bank
Oracle Elevator
Swaysland
Campbell Property Management Jennings & Valancy, P.A.
Pipelining Technologies, Inc.
Gerstle, Rosen & Goldenberg, P.A.
Becker & Poliakoff
Association Reserves
SupplyWorks – A Home Depot Company
Super Restoration
JP Miller
Allstate Resource Management
FPL
ADT
RCI

Click here to see more pictures from the event.

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags Campbell Community Appreciation Event Broward County, Campbell Property Management, Florida Condos, Florida HOA No Comments »

On April 1, 2016, Bruce Moyer had a stroke which would affect the entire left side of his body. Refusing to be defeated, Bruce made several lifestyle changes to improve his mobility and overall quality of life. These changes included buying a condo at Corniche in Singer Island and taking up water aerobics. Both changes would go on to impact not only Bruce, but also the other residents at Corniche.

Bruce started taking water aerobics courses at the local Jewish Community Center (JCC) and instantly loved them. “Everyone can benefit from water aerobics,” says Bruce. Over time, Bruce learned all the routines. He also noticed a very special social component; his classmates from the JCC would go to lunch together and celebrate birthdays together. There was lots of camaraderie.

water 4 (002) Occasionally, Bruce would do some of the water aerobics routines in the pool at Corniche and he noticed that many of his neighbors were very interested in trying it out too. He spoke to Rafael Solis, Property Manager of Corniche about holding formal classes at the pool. But they couldn’t find an instructor. Bruce has been in business for over 40 years but received his degree in education and was a teacher prior to this. “I figured, I know all the routines, I can teach water aerobics for my neighbors,” says Bruce. So, he bought all the equipment and started teaching. “Sometimes, we get more than 30 people in the pool at a time taking a water aerobics class. I tweak the classes to the needs of the other residents. We play Motown music, and everyone is invited and encouraged to join in,” says Bruce. There is no charge for the classes.

These classes have really brought the building together and helped grow the sense of community. Neighbors who had never said a word to one another, met during a water aerobics class and now have formed friendships. These classes have really brought the residents together. And, this sense of community has permeated to other areas of the building. The Corniche now have cocktail parties every other Wednesday night, book club, poker nights, Zumba and special event nights.

Water Aerobics

Bruce Moyer set out to heal himself through water aerobics, but it turned out that he also helped to bring the community together at Corniche through his journey.

Bruce Moyer is a seasonal resident at Corniche, spending half of the year in Singer Island and the other half in Boston where he resides with his wife, Marlene. Bruce has been a resident at Corniche for three years. He and Marlene have four daughters and 3 grand kids.

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags Bruce Moyer, Corniche, Resident Spotlight, Water aerobics 2 Comments

There are two constants every summer in South Florida: high temperatures and hurricane season. As Floridians know, hurricanes can cause some serious damage to our landscapes if preventative measures aren’t taken. It is the responsibility of the Board and Property Manager to prepare a community’s landscaping to mitigate any possible damages.

The following are some tips to ensure your association’s landscaping is best prepared for hurricane season:

At the onset of hurricane season:

If not done so already, create a disaster plan – Having a plan of action for storms means your association will be better prepared.
Trim your trees back now! Don’t wait for a storm to be on its way – Make sure to contact a certified arborist to assist you.
Swap mulch for any rocks – Doing this will not only give nutrients to your soil but mulch is less dangerous in high winds than rocks.
Stake young trees – It’s important to stake new trees and plants for them to stay put during storms. Make sure there is not too much tension, or they may snap.
Review vendor contracts – Since assistance may be needed after a storm hits, you may want to review the terms of your vendor contracts. Make sure you have your landscape company’s contact information handy.

Before a storm:

Bring in anything that might be a wind hazard – Things like potted plants, trash bins, and decorations could be dangerous during a storm; make sure to move them inside if a hurricane is on its way.
Check drainage areas and gutters – If these areas are clogged, storm waters won’t be able to flow and may cause additional flooding.
Turn off your irrigation system – Hurricanes bring plenty of rain water with them, turning off your irrigation system will avoid over watering the landscape.

After a storm:

When safe, assess the situation – The Property Manager or maintenance employees should determine if there is any damage that needs to be immediately addressed.
Document and photograph any damage – This may come to aid if any insurance claims are to be made by your association for damages.
Clean up – Once it is safe, begin clearing leaves, shrubs and other fallen debris from the storm. Also, clear any buildup of mud or debris to avoid risk of secondary infection.

By using these tips, your association’s landscaping will be better protected for the upcoming hurricane season.

by Shane Humble, President, Complete Property Maintenance, Inc.

Tags Complete Property Maintenance, CPM, Florida Condominium, Florida HOA, Hurricane Season, Hurricane season 2019, Preparing your Florida community association for a hurricane, Preparing your landscaping for hurricane season, Storm 2 Comments

The following message is from FACTSS.org, a Statewide Steering Committee of volunteers who are concerned Condominium Association leaders from every area of Florida. FACTSS is committed to protect condo owners’ right to opt out of expensive fire prevention systems. An opt-out right that is threatened by pending legislation that is being voted on this week.

LEGISLATIVE CALL TO ACTION: PLEASE SHARE THIS INFORMATION WITH YOUR MANAGERS, BOARD MEMBERS AND OWNERS IMMEDIATELY. It is critical to get emails to these state legislators before they vote in committee on Tuesday, April 23.

TUESDAY (April 23): The Senate Rules Committee will vote on SB 908 – a bill that mandates an Engineered Life Safety System (ELSS) in condo and coop association buildings that opted-out of sprinklers. This is the last committee that will vote on SB 908 – and if it passes, the bill will be eligible for a vote by the full State Senate. We need to stop SB 908 in the Rules Committee.
Please email the members of the Rules Committee and tell them to VOTE NO ON SB 908.

Senator
Lizbeth Benacquisto (R), Chair
Audrey Gibson (D), Vice Chair
Lauren Book (D)
Rob Bradley (R)
Jeff Brandes (R)
Oscar Braynon II (D)
Anitere Flores (R)
Travis Hutson (R)
Tom Lee (R)
Bill Montford (D)
Kathleen Passidomo (R)
Jose Javier Rodriguez (D)
David Simmons (R)
Wilton Simpson (R)
Kelli Stargel (R)
Perry E. Thurston, Jr. (D)

Email:
benacquisto.lizbeth@flsenate.gov
gibson.audrey@flsenate.gov
book.lauren@flsenate.gov
bradley.rob@flsenate.gov
brandes.jeff@flsenate.gov
braynon.oscar@flsenate.gov
flores.anitere@flsenate.gov
hutson.travis@flsenate.gov
lee.tom@flsenate.gov
montford.bill@flsenate.gov
passidomo.kathleen@flsenate.gov
rodriguez.jose@flsenate.gov
simmons.david@flsenate.gov
simpson.wilton@flsenate.gov
stargel.kelli@flsenate.gov
thurston.perry@flsenate.gov

OUR MESSAGE:
We oppose SB 908 that mandates an Engineered Life Safety System (ELSS) be installed in over 4,300 condo and coop buildings across the state. The state legislature in 2010 gave these owners the statutory right to vote to opt-out of retrofitting sprinklers and ELSS is just another way of bypassing that right given to association owners. Financial costs of ELSS will displace thousands of elderly and fixed-income residents in the 4,300 buildings who opted-out of sprinklers. In testimony before a House committee last week, a 93- unit building received bids of $1 – $1.7 million to install an ELSS – that’s between $10,000 to $18,000 per unit. Similar bids have been received by other associations across Florida. These are real costs – not guesses.
Those advocating for an ELSS have now admitted that the costs of ELSS will far outweigh any insurance savings over the next 10 years. We have, over the years, spent millions of dollars to upgrade and improve fire safety technology in our buildings. Even if buildings opt-out of ELSS, they will still be required to comply with Chapter 31, which provides for additional fire safety measures. Please do not place additional and unnecessary financial burdens on seniors living in high-rise buildings. Let them decide.
We urge you to VOTE NO on SB 908Click on each email address (one at a time) – which will create your email with the standard message. You can add to the standard message or use it as written. Add your name, address, phone number and building name with the number of units in the building (ABC Condo – 423 units).
To contact all these members will take you about five minutes – that five minutes could save your building millions of dollars.GOVERNOR DESANTIS: It’s important that Governor DeSantis hear from our members – as he will have the final decision once a completed bill reaches his desk. In the past, it has been a governor’s veto that has killed similar bills. So let the governor know we support the opt-out provisions of an ELSS.Ron.Desantis@eog.myflorida.com

OUR MESSAGE:
We oppose mandating an Engineered Life Safety System (ELSS) be installed in over 4,300 condo and coop buildings across the state. The state legislature in 2010 gave these associations and their owners the statutory right to vote to opt-out of retrofitting sprinklers. ELSS is just another way of bypassing that right given to association owners. Financial costs of ELSS will displace thousands of elderly and fixed-income residents in the 4,300 buildings who previously opted-out of sprinklers. In testimony before a House committee last week, a 93- unit building received bids of $1 – $1.7 million to install an ELSS – that’s between $10,000 to $18,000 per unit. Similar bids have been received by other associations across Florida. These are real costs – not guesses.
Those advocating for an ELSS have now admitted that the costs of ELSS will far outweigh any insurance savings over the next 10 years. We have, over the years, spent millions of dollars to upgrade and improve fire safety technology in our buildings. Even if buildings opt-out of ELSS, they will still be required to comply with Chapter 31, which provides for additional fire safety measures.
Please do not mandate additional and unnecessary financial burdens on seniors living in high-rise buildings. Let them decide by a vote of the owners whether or not to opt-out of installing an ELSS.

Tags FACTSS, Fire prevention systems, Florida Condos, Florida Legislature 4 Comments

There are two bills: HB 987 and SB 824 dealing with the regulation of vacation rentals in community associations which are very detrimental to associations in Florida. Both could result in uncontrolled expansion of the use of services like Airbnb and VRBO in your condos and HOA’s.

The first is HB 987, which would take away the power from city and county governments to regulate short-term vacation rentals in their communities. This bill would not allow condos and HOAs to amend their documents in the future to restrict rentals in anyway, and it would basically freeze all condo and HOA documents from being amended after July 1^st 2019.

Last week, HB 987 did pass out of the Commerce Committee by one vote 13-11 (tie votes bill dies). It is now eligible to be heard on the House Floor.

SB 824 also gives power to the state to regulate vacation rentals in community associations; requiring each person applying for a vacation rental license to provide the Division of Hotels and Restaurants of the Department of Business and Professional Regulation with specified information, etc.

Last week, the Senate Industry, Innovation, and Technology Committee Temporarily Postponed SB 824. The committee decided not to hear the bill at all which is a great victory for community associations. Procedurally, the bill looks likely dead in the Senate for this year. However, if HB 987 does get voted favorably off the House Floor the Senate could waive the rules and take up the House bill.

Campbell Property Management and other leading property management companies in Florida are working together with CEOMC to fight these bills and introduce legislation that will help community associations control this growing problem of commercial short-term rentals.

Click here to see a video with more information.

We are asking for your help in combating HB 987. Please contact your local Representative and ask them to vote NO on HB 987.

by John Tight, CEO, Campbell Property Management

Tags AirBnB, CEOMC, HB 987, SB 824, Short-term rentals, VRBO 4 Comments

On March 18, 2019, the governor signed the new medical marijuana changes into law. Currently known as Chapter 2019-1, the legislation expands upon the medical marijuana laws previously implemented. Of particular interest is that the revised laws now permit the smoking of medical marijuana to fall within the definition of “Medical use.” However, the smoking of medical marijuana is limited, and is still prohibited on public transportation, in a school bus, vehicle, aircraft, or motorboat, and in an enclosed indoor workplace. Moreover, additional requirements are imposed upon physicians making a determination that smoking is an appropriate route of administration, as well as imposing limits on the amount of marijuana that may be prescribed at one time. Additional labeling requirements have also been established for marijuana in a form for smoking, including a warning that it be kept away from children and a warning that marijuana smoke contains carcinogens and may negatively affect health.

While there are many nuances to the new laws, of particular interest to our clients is how the new legislation affects their home and work life and their ability to restrict or regulate smoking of medical marijuana on their private property or in their businesses. It is important to understand that employers are not required to permit or accommodate medical marijuana in the workplace. The existing law already provided that an employer may establish, continue, or enforce a drug-free workplace program or policy; that an employer is not required to make any accommodation for the medical use of marijuana in the workplace nor are they required to accommodate any employee working while under the influence of marijuana; and expressly stated that the law did not create a cause of action against an employer for wrongful discharge or discrimination. Now, since smoking of medical marijuana is permitted, the new law also establishes that the ability of any party to restrict or limit smoking or vaping marijuana on his or her private property is not impaired. So, the owner of any private property is still able to restrict or prohibit the smoking or vaping of medical marijuana on his, her, or its own property.

Our recommendation to our community association clients is to establish a policy regulating the use of medical marijuana, including but not limited to, the ability of an owner to smoke medical marijuana on limited common element property or common element property. The new law does not specifically address a condominium unit owner’s right to smoke medical marijuana in his or her unit. Presumably, a unit owner now has a legal right to do so; however, this right may be limited by other restrictions in the governing documents and rules and regulations prohibiting the interference with the rights of other unit owners to peaceably enjoy their units. We recommend contacting your community association’s legal counsel to discuss implementation of a policy regulating the smoking or vaping of medical marijuana in your community.

by Lauren B. Feffer, Shareholder, Rosenbaum PLLC

Tags Florida Condominium, Florida HOA, Legal, Legislation, Medical Marijuana 3 Comments

Board members and property managers of condominium communities need to be aware that the State of Florida’s Department of Business and Professional Regulation issued revisions to rules pertaining to violations and penalties, 61B-21, Condominium Resolution Guidelines for Unit Owner Controlled Associations, which went into effect December 5, 2018.

The disciplinary guidelines detail minor violations and penalty guidelines within Chapter 718, F.S. If a violation is deemed minor, the division will send a Notice of Noncompliance to the association. A community association’s failure to timely comply with the Notice of Noncompliance may result in sanctions, including civil monetary damages and enforcement. For the violations not deemed minor by the division, there is no longer a notice/warning requirement and, if found guilty of the violation, the Association may be fined pursuant to the new standards in the rule. Rulemaking Authority 120.695, 718.501(1)(d)6., (f) FS. Law Implemented 718.501(1)(d)6. FS. History–New 6-4-98, Amended 10-23-18.

These disciplinary guidelines were enacted to inform affected parties about the range of penalties which may be imposed for violations, pursuant to subsection 61B-21.003 detailing penalty guidelines in the following categories: Accounting Records, Assessing, Board, Budgets, Commingle, Common Expenses, Conflict of Interest, Converter Reserves, Debit Card, Elections, Estoppel Certificate, Final Order, Fiduciary Duty, Investigation, Property, Records, Reporting, Reserves, Special Assessment and Website.

“It is important for community associations and the governing boards to understand the consequences and potential monetary ramifications they will face if they do not abide by these new guidelines,” said Alessandra Stivelman, attorney at Eisinger, Brown, Lewis, Frankel & Chaiet, P.A. “Ignoring or not fully compiling with the Florida Department of Business and Professional Regulation’s rules, as well as Chapter 718, Florida Statutes, in a timely manner can have a detrimental effect on an association’s financial standing.”

If an association fails to comply with a Notice of Noncompliance, a civil penalty will be imposed between $5 and $10, per unit, for each minor violation. The penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any aggravating or accepted mitigating circumstances. The minimum total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater. In no event shall a penalty for a minor violation exceed $2,500, the statutory maximum for a single minor violation. For all other violations (those not deemed to be minor), the penalty imposed is between $10-$30 per unit for each violation and the statutory maximum is $5,000.00. For both types of violations, multiple counts of the violated provision or a combination of the listed violations are added together to determine an overall total penalty.

Alessandra Stivelman, shareholder and partner at Eisinger Brown Lewis Frankel & Chaiet, P.A. is AV rated and focuses her practice on community association and real estate law. She can be reached at (954) 894-8000 x 304 or astivelman@eisingerlaw.com. Eisinger, Brown, Lewis, Frankel & Chaiet, P.A., is a full service Florida law firm focusing on community association law, real estate law, developer representation, commercial litigation and insurance law. Visit eisingerlaw.com.

Tags Disciplinary Guidelines, Florida Condominium, Florida HOA, Legal, New rules, Penalties, Violations 5 Comments

The sixth annual Florida Community Association Journal’s Readers’ Choice Award winners have been announced!

The FLCAJ Readers’ Choice Awards give communities and board members an opportunity to select their favorite service providers. These prestigious awards recognize service providers that offer superior service and demonstrate a commitment to the success of their communities.

Online nominations were accepted and voting ran from October 2018 until December 2018. Over 8,400 votes were cast by FLCAJ readers for the 500 nominated companies, but only a few would be dubbed winners. Levels awarded for nominated winners are: Silver as fourth place, Gold as third place, Platinum as second place and the Diamond award as first place.

For the sixth year in a row, Campbell Property Management has won the Diamond Award, the highest level of recognition.

top-pic-10

To see the other winners, click here.

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags FLCAJ 6th Annual Readers' Choice Awards, Florida community association journal 2 Comments

Campbell Property Management Opens New Office in Port St. Lucie

Understanding Stormwater Systems

The Campbell Community Appreciation Event in Broward County – April 16, 2019

Resident Spotlight – Bruce Moyer: Building a Sense of Community through Water Aerobics!

Preparing Your Community Association’s Landscaping for Hurricane Season

Don’t let the state force expensive fire prevention systems on condos that were given the right to opt out

Taking Action Against Short-Term Rentals in Condos and HOAs: Fighting HB 987 and SB 824

Marijuana – Take Two

Florida’s Department of Business and Professional Regulation Issues New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

The Sixth Annual Florida Community Association Journal’s Readers’ Choice Award Winners have been Announced

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