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Serving Condominiums, Cooperatives and Homeowner Associations
The Official Publication of the Community Associations Institute - Southeast Florida Chapter
Serving Condominiums, Cooperatives and Homeowner Associations
CAI-SEFL IS COMING TO THE KEYS!Watch for details to be announced soon as webring networking and CEU opportunities to the
Florida Keys!
In This Issue…Drain Cleaning Methods
Assess or Not?Condo Water Damage…Who Pays?
Florida Fish Kills in Association LakesCondo Nuisances…What to Do?
Hurricane Kit PrepPersonal Training in your Clubhouse Gym
March 2019
community LIVINGMarch 2019 Volume I, Issue 27
CHAPTER EXECUTIVE DIRECTORJill ProiettiCAI SOUTHEAST FLORIDA BOARD OF DIRECTORSVishnu Sharma, CPA (President)Kathy Naughton, Banking (Vice-President)Steve G. Mason, PCAM (President-Elect)Andrew Dyke, Accounting (Treasurer)Rebecca Prieto, Banking (Secretary)Luis Alicea, BankingMichael Bender, Esq.Marcie Gershoni, Cable & BroadbandJames Gonzalez, LCAM, CollectionsEddy Pereira, Jr., M.A., PCAMHoward Perl, Esq.
COMMITTEE CHAIRSEvents/Education CommitteeEddy Pereira, Jr., M.A., PCAM; Marcie GershoniElection CommitteeRussell M. Robbins, Esq.Florida Legislative Alliance (F.L.A.)Michael Bender, Esq.; Mary Macfie; Lisa Magill, Esq.Golf CommitteeSteve Mason, PCAMMagazine CommitteeLisa Magill, Esq.; Vishnu Sharma, CPAMembership CommitteeMary Macfie; Russell M. Robbins, Esq.Miami-Dade CommitteeEddy Pereira, Jr., M.A., PCAM; Rebecca PrietoBroward CommitteeLisa Elkan; James Gonzalez, LCAM; Kathy NaughtonScholarship CommitteeSally Mevers, CPI; Michael Bender, Esq.; Vishnu Sharma, CPATrade Show CommitteeHoward J. Perl, Esq.; James Gonzales, LCAM; Sally Mevers;Luis Alicea
CORRESPONDENCE (CHAPTER & MAGAZINE)[Sales, Marketing, Advertising, Creative, Subscriptions]JILL PROIETTICAI SE FLORIDA CHAPTER304 Indian TraceSuite 538Weston, Florida, 33326954-816-0661Email: [email protected]: cai-seflorida.org
‘Community Living’ is published quarterly by the SoutheastFlorida Chapter of the Community Associations Institute,304 Indian Trace, Ste. 538, Weston , FL. 33326
POSTMASTER: Please send address changes to ‘CommunityLiving’ c/o CAI-SEFL,
304 Indian Trace, Ste. 538, Weston , FL. 33326
This publication attempts to provide CAI’s membership withinformation on community association issues. Authors areresponsible for developing the logic of their expressed opinionsand for the authenticity of all presented facts in articles. CAIdoes not endorse or approve statements of fact or opinionmade in these pages and assumes no responsibility for thosestatements. This publication is issued with the understandingthat the publisher is not engaged in rendering legal, accountingor other professional services. If legal advice or other expertassistance is required, the services of a competent professionalshould be sought.
Design by Jeff Solomon’s Support Depot, 954-501-9797
Community Associations Institute (CAI) is a national organization dedicated to fosteringvibrant, competent, harmonious community associations. For more than 40 years, CAI hasbeen the leader in providing education and resources to the volunteer homeowners whogovern community associations and the professionals who support them. Our membersinclude community association volunteer leaders, professional managers, communitymanagement firms, and other professionals and companies that provide products andservices to associations. Our local chapter serves over 400 members with annual eventsincluding Trade Show & Expo, Golf Tournament, CAM & Board Member Education eventsand so much more.
READER COMMENTS & ARTICLES ARE WELCOMEColumns and ideas from all our members are always welcome. Send submissions inMicrosoft Word format to: [email protected]
Articles appearing in reflect the author’s opinion and not necessarily thatof CAI. Acceptance of advertising does not constitute an endorsement of the product orservice.
National on the web: www.caionline.orgSE FL Chapter on the web: www.cai-seflorida.org
Follow us on social media!Find us as: Community Associations Institute - Southeast Florida Chapter
(subject to change)
Mar. 13: MIAMI NETWORKER MIXER- Returning to the ever-popular Ball & Chain in Little Havana! CAI CAM Members still FREE!
Mar. 26: HOT TOPIC-HOT BREAKFAST *- Monthly Broward Breakfast Meeting 1-hour CE credit after breakfast. CAI CAM Members eat FREE!
Apr. 12: GOLF TOURNAMENT - Jacaranda Golf Club. Proudly sponsored by Best Roofing. Visit CAI-SEFlorida.org to sponsor and register.
Apr. 24: SPONSOR APPRECIATION DINNER- 6:00pm to 10:00pm. Click on “EVENTS” at CAI-SEFlorida.org
Apr. 30: HOT TOPIC-HOT BREAKFAST *- Monthly Broward Breakfast Meeting 1-hour CE credit after breakfast. CAI CAM Members eat FREE!
May 15: CAI ANNUAL CONFERENCE & EXPOSITION - Orlando, Florida from May 15 to May 18. Details at CAIOnline.org.
May 28: HOT TOPIC-HOT BREAKFAST *- Monthly Broward Breakfast Meeting 1-hour CE credit after breakfast. CAI CAM Members eat FREE!
JUNE: FLORIDA KEYS EDUCATION & NETWORKING EVENT. Details coming soon. Keep up-to-date with CAI-SEFlorida.org
June 25: HOT TOPIC-HOT BREAKFAST *- Monthly Broward Breakfast Meeting 1-hour CE credit after breakfast. CAI CAM Members eat FREE!
JULY: MIAMI-DADE NETWORKING MIXER. Details coming soon. Keep up-to-date with CAI-SEFlorida.org
Jul. 30: HOT TOPIC-HOT BREAKFAST *- Monthly Broward Breakfast Meeting 1-hour CE credit after breakfast. CAI CAM Members eat FREE!
AUG: SOUTHEAST FLORIDA LEGISLATIVE FORUM. Details coming soon. Keep up-to-date with CAI-SEFlorida.org
*Check cai-seflorida.org for specifics of each “HOT TOPIC-HOT BREAKFAST.” Registration and payment links also provided online!
From the Desk of the Executive DirectorJill Proietti, CED, [email protected]
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Greetings! As we embark on2019, we are making plans forthe year to include our famous
networking events…and we have our first two scheduled.
The first one in Ft Lauderdale at a newlocation, Doc B’s, on Wednesday,
February 27! Then we return to our 4th Annual Ball &Chain extravaganza, on Wednesday, March 13th, alwaysa fan favorite and still the highest attendance recordholder! This year, we are bringing Monroe County intothe mix with an education and networking event in theKeys! Tentatively scheduled for June 14th, details beingworked on as we speak (well...write!). Stay tuned to ourwebsite, cai-seflorida.org, for all future happenings. Ourmonthly breakfast at Jacaranda County Club continuesto be very popular, and our Manager Members enjoy theHot Topics/Hot Breakfast networking and CEUopportunity for FREE each month!
Our Annual Golf Tournament will take place on Friday,April 12, 2019, at Jacaranda Country Club. Each yearthe tournament gets bigger and better and this year willbe no exception. We had a total of 156 golfers last year,so if you have never golfed with us, join in on the fun!There are games, raffles, drinks, food, and, oh yes,golfing!! The awards dinner after golf is always topnotch! Please visit cai-seflorida.org to check out theevent sponsors, and if you are interested in sponsoringor golfing, simply call or email and I will assist with yourrequest.
Our Annual Sponsor Appreciation Dinner will beWednesday, April 24th, returning to the beautiful Pier 66Rooftop. If you are interested in attending, you better actfast, as these tickets sell out almost every year. A bigThank You! to our Chapter Sponsors, the reason ourchapter continues to thrive and grow and is thesuccessful chapter it is!
We are changing up our Trade Show format. We willhave two Legislative Forums, one in Broward and one inDade County, focusing on CAI’s efforts to assist ourmembers with all things Legislative. The format willinclude Keynotes, informative panels and CEU creditsfor managers. It will be new and exciting, so please staytuned regularly for further details.
We always encourage suggestions and participation onour committees so that we may bring you all theprograms you, as members, are interested in. Pleasefeel free to email me at [email protected] or call954-816-0661. Please check our website regularly for allof our upcoming events; you wouldn’t want to missanything! I look forward to seeing you at our next event!
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National: caionline.org Chapter: cai-seflorida.org
We welcome our new (and renewed/re-joined) Chapter Members! July1, 2018 to February 15, 2019. New members highlighted in bold. Seeyou at our next event!
Business PartnersAaxon Laundry SystemsAcentria InsuranceAdvanced Fire and SecurityAmerica Service IndustriesAmerican Leak DetectionAngius & Terry, LLPBashor & Legendre, CPA'sBB&T Association ServicesBeckerBEHR & KILZ Paints & PrimersBest RoofingBlue StreamBuildingLinkCambridge Security Services, Inc.CapitalOne BankCommunity Cable ConsultantsConverged Services Inc.CooperatorDeep Fiber SolutionsDistinguished ProgramsDriveway Maintenance, Inc.Dry Up RestorationEarth Advisors, Inc.Eisinger, Brown, Lewis & Frankel, P.A.EmpireWorks - Reconstruction andPaintingFlock SafetyFrank H. Furman Insurance, Inc.Haber Law, P.A.Heritage InsuranceHometown Pest Control, Inc.Hotwire CommunicationsHUB International FloridaHurricane Recovery CorpHydro's Irrigation & Grounds Main-tenance Inc.Innovative Masonry RestorationJurado Law Group, P.A.Karins Engineering Group, Inc.
Kaye Bender Rembaum, PLKORKATLake & Wetland Management, Inc.Liberty Extraction & DryingMack, Mack & Waltz Insurance GroupMBAFMirabito Natural Gas LLCMueller and Associates ConsultingMyVendorCenter.comONR Applications LLCOrbis Consulting, Inc.Park One of Florida, LLCPaul Davis Restoration Of Broward& North MiamiPeabody Properties, Inc.Plastridge Insurance AgencyPopular Association BankingPSI RoofingRainbow Roofing SolutionsRisk Strategies InsuranceSeacoast Commerce BankSecurity Management InnovationsSedgwick Valuation ServicesSpecialized Pipe TechnologiesStroemer & Company, LLCSuper Restoration Service Co.Sustainable SprinklerSymbiont Service CorporationTapia, Rojas & Associates P.A.TEM Systems, LLCThe F.A. Bartlett Tree Expert Co.The Falcon GroupThe Lake Doctors, Inc.The Paving LadyU.S. Century BankUnited Fire Protection, Inc.United Screening Services Corp.Upstream NetworkWhitaker Contracting Corporation
Community Association Managers
If you are not receiving CAI emails and news, please log in to yourNational account to confirm all of your contact information.
Note: existing companies and organizations may appear in bold (as new) ifthey added new individual members through the company, as Business
Partner Members. In addition, existing individual members may appear as‘new’ if he/she rejoined while changing membership type.
Mr. Thomas DavisMr. Raul Andres DelgadoMr. Jose r. FabregasMs. Sara A ForcinioMr. Harold HernandezMs. Jacquelynne M JonesMiss Andrea JoyMr. Thomas J. KellerMr. Murat KiralMr. Mark Stephen MartelMs. Virginia M OchoaIan Arnaldo OchoaMr. Jouse Jean JourdainMs. Talia LawrenceMs. Maria MaraimaMiss Denise PagolaMs. Kelly WillsonMr. Alp OzsoyMrs. Suleye EncaladaMr. Abraham LevyMs. Misty PolancoMs. Genesis GutierrezMr. Jorge Luis AverhoffMr. Jeff LehmanMr. Bradley FarrellMr. Edward M. HowlandMr. Alex Beatriz NavarroMr. Luis LopezMr. Vladan BrkovicMrs. Renee Leah TompkinsMr. Michael BoweringMiss Darlene Georgette Cook, CMCAMrs. Teri DattilioMrs. Margaret Delgado, CMCA, AMSMr. Ernest Diehl, CMCA, AMSMs. Aracely Euceda, CMCAMr. Joaquin Eduardo Farinas, CMCAMs. Melissa R. GarveyMr. Robert P. Johnson, Jr., PCAMMr. Edwin LugoMrs. Megan LundriganMr. Andrew MeyrowitzMs. Kathleen M. Shebiel, AMS, PCAMMs. Arline M WalkerMr. Pedro M. Garcia, CMCA, AMSMs. Barbara Munoz, CMCAMr. Christopher B. Everhart, PCAMMs. Anna MurilloMr. Rishi R. Idnani, CMCA, AMSMr. Howard Carter, AMS, PCAMMrs. Abygail SanchezMs. Heather BlankMr. Richard CiarsoloMr. Ronald D'oria, CMCAMs. Lucretia Fasciano, CMCA, AMSMr. Gary Fiegler, CMCAMs. Nathalie Figueroa, CMCAMs. Joanne M. Foley, CMCAMr. Harry GoldbergMr. Josue Jean JourdainMr. Gustavo A. MendozaMs. Dian PearsonMr. Fausto J. Pena, Jr.Mr. Andrew J. ReinaMr. Marc Rodriguez, CMCA, AMS
Ms. Elizabeth SierraMr. Alean VicunaMr. Jonathan B. Louis, PCAMMrs. Carolyn Jeanette Padfield, CMCAMr. Wayne GudgerMr. Jeffrey Alan LangMr. Howard J. Perl, Esq., AMS, PCAMMr. Robert Donnelly, PCAMMr. Darrell BartlebaughMrs. Alina CruzMs. Nathalie CruzMr. Pedro Armando Ripoll, CMCAHelmer AcostaMs. Lynn CoulterMr. Jose E Guzman, CMCA, AMSMr. Christian HeviaMr. Paul OhannessianMr. William Arturo Plaza, CMCAMrs. Hilda SereinMs. Regina Valladares, CMCAMs. Veronica VargasMs. Natalie Anne Cedeno, PCAMMr. Charles Coote, CMCA, AMSMr. Eduardo Pereira, Jr., PCAMMs. Sandy GoldsteinMs. Sherese PedlarMs. Katalina CruzMrs. Shanasha L Thomas, CMCAMs. Hedy Maurer, AMSMr. Olivier Maes, CMCA, AMSMr. James GonzalezMr. Michael Paul HatzfeldMr. Roy OchoaMs. Minda StrattonMr. David C. RitzMr. Saul RabiaMr. Jose M. Pazos, CMCAMr. Stevan Mark Zaiman, CMCAMs. Nadene ArnaultMr. H Lee Huffstetler, CMCA, AMSMr. Steve FermaglichMs. Jessica ConoverLiz CarnotMs. Karen Luz Castro, CMCA, AMSAnnabel GonzalezMr. Scott F Stewart, CMCAMs. Diana Zayas-BazanMs. Susan Jane Orsini, CMCAMrs. Maria Ann Wilson, CMCAMs. Judy DandyMr. Carlos A. AguilarMrs. Francine G Gonzalez-PortuondoMrs. Adela Hernandez, CMCAMr. Clinton CareyMr. Walter Marvin ChapmanMrs. Alexandra S. MendozaMr. Orlando VelazquezMiss Emilia VelezMr. Charles SmithMr. Octavio Rueda, CMCA, AMSMiss Maria-Jose Balbontin, CMCA
Community Association VolunteersMs. Eileen CragoMs. Teresa GavaldaMr. Ronald GibbsMs. Sonja LarsenMr. Miguel Rojas
Mrs. Mary MacfieMr. Melvin NiserMr. Jeff Howard HoppenfeldMr. John Nolan, IIMr. Warren Alan Raymond
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Community Management Companies
Association Specialty Group LLCMy MVP Property ManagementAffinity Management Services
J&M Condo Mgmt. & MaintenanceUnited Community Mgmt. Corp.Lynx Property Services, Inc.
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What are the different types of drain cleaning methods and whichones are the most effective?SPTPipe.com Blog
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It’s true that a timely sewer inspection can saveyou from having to get time off from work in caseof emergencies, but what happens when there’s
a clog? You’d assume that it can be solved with ahandy drain cleaner, but this is not the case.Thankfully, there are several proven methods ofdrain cleaning processes to rid yourself of peskyclogs. These types range from basic toprofessional, using different tools from handheldsto high-tech equipment.The end result should be the same- a clear pipethat’s almost as new as the original condition. Apipe that can last for several more decades afterthe drain cleaning has been completed. SPTutilizes only the best and the latest drain cleaningequipment to deliver excellent results each andevery timeHydro JettingThis green drain cleaning solution uses mostlyhigh-pressure water and a special nozzle tounblock the clog. A flexible hose connects throughan adjustable nozzle that emits water todisintegrate sludge, soap, grease, calcifieddeposits, and ordinary household objects. Eventree roots that have invaded the joints of your pipeswill get flushed away to the municipal sewersystem. The water flow is noticeably improved andthe pipelines are clean and ready for immediateusage again following the cleaning sessionUnlike commercial drain cleaners, hydro jetting willnot cause potential harm such as environmentalhazards, contamination, or advanced corrosionbecause it relies on pure water to get the job done.Most of all, hydro jetting won’t require extensivelandscape digging and excavation. When used byour skilled technicians, it won’t cause damage to
your pipes. It’s applicable to both residential andcommercial sewer and drain lines. The equipment islargely portable and can be brought in the van forfixing drains in homes, restaurants, and offices. Theentire process only takes a few hours to be completedand you won’t have to spend days without water mainaccess.Traditional MethodsFor sensitive piping materials, our technicians can stillbring out traditional drain cleaning tools such assnakes and augers. When used properly and in theright hands, these tools can clear up clogs to avoiduntimely emergencies.Drain snakes are often used to fix clogged toilets andsinks. It can clear up small blockages such as a clumpof hair, tissue, etc. and to break up bigger debris. Thelong metal stick can fit through the drain and poke theclog, allowing water to come through. Experttechnicians often use snakes in conjunction withaugers for quickly clearing up the blockage. Thesnake pokes the clog while the auger pulls it using ahooked end, bringing into surface hard debris such asjewelry, toys, and other items.Here at SPT, we take into consideration the scopeand nature of the drain problem to come up with thebest solution. The approach is always the same,whether the issue occurs in the kitchen drain, thebathroom drain or the basement drain. Our sewer lineinspections require absolutely no digging. We can seewhat’s ailing your pipes using one access point. Callus and get the best drain cleaning services in Floridatoday!
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Loan Repayment Options…whether or not to special assess-Lisa Elkan, VP/Association Financial Partner and Josh Ormiston, VP of Association Lending, Alliance Association Bank
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When an association decides to take out aloan to finance a capital improvementproject, there are three main options in
which an association may choose to generatefunds for repayment of the loan.
1. Allocate Funds from the Existing Budget2. Raise Regular Assessments3. Implement a Special Assessment
Each option has its own benefits and pitfalls. Theoption chosen may have an impact on thecommunity support for the project and the generalattitude toward the association’s board and/orproperty manager.By choosing to finance a capital improvementrather than pay cash, the cost for the improvementis being allocated over a longer period of time. Ifan association is already budgeting to contribute acertain dollar amount to their reserve fund eachyear, it may be possible to allocate a portion of thiscontribution to cover the loan payment. Similarly,if the capital improvement being made will reducefuture operating costs, the savings may be enoughto cover the loan payment. When going this route,it is important to consider what future reservecontributions will need to be in order to keepadequate funds available for future projects. Thisis a very attractive option for communities that areable to do this, as there will generally be more
support for projects that improve the communityand don’t require a dues increase. Unfortunately,this may not be feasible for a community, and oneof the other options would need to be considered.
The main factors that will most likely contribute toa community’s decision of whether to specialassess or just increase its regular assessments,are the size of the increase and the votingrequirements necessary to implement theincrease.
For loans that require smaller increases to theaggregate assessment level, it may be appropriateto just increase the regular assessments.Typically it is less onerous to implement a regularassessment increase, and it may be done withsimple board approval rather than a masshomeowner vote. If the project that the loan is forisn’t controversial and the financial impact to unitowners is negligible, increasing regularassessments is efficient and simple. If theassessment increase is large, the governingdocuments may require a homeowner vote, and inthe case that they don’t require a homeowner vote,there may be backlash from the community if anoption to have input into the decision makingprocess isn’t afforded to them.
Continued on page 22
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Bashor & Legendre, LLPAndrew Dyke, CPA, CAM: 954-952-0385Email: [email protected]
Best RoofingAshley Artiles: 954-850-0148Email: [email protected]
Super RestorationLeeyen Sieza: 305-233-0500Email: [email protected]
Water Restoration GroupMonica Martinez305-661-2533
Angius & Terry, LLPLaurie Shrader: 305-239-8877Email: [email protected]
Association Reserves, FL. LLCWill Simons, RS: 954-210-7925Email: [email protected]
BB&T Association ServicesHenry Campos: [email protected]
Basulto Robbins & Associates, LLPRussell M. Robbins, Esq.: 305-722-8900Email: [email protected]
BeckerHoward Perl, Esq.: 954-364-6054Email: [email protected]
BuildingLinkRichard Worth: 212-501-7117, ext. 535Email: [email protected]
The Castle GroupJordan Goldman: 954-660-1866Email: [email protected]
Centennial BankKathy Naughton: 954-203-1285Email: [email protected]
Center State BankPhone: 954-708-5405Myrna Meza: [email protected] orTerri Russo: [email protected]
The Falcon GroupWilliam Pyznar: 305-663-1970Email: [email protected]
DIAMOND
PLATINUM
GOLD MGMT. COMPANY
MMeet Our Sponsors
Kaye, Bender, Rembaum Attorneys at LawMichael Bender, Esq.: 954-928-0680Email: [email protected]
Popular Association BankingRebecca Prieto: 305-206-0170 or 786-953-1221Email: [email protected]
Siegfried | RiveraStephanie Bowman: 305-442-3334, ext. [email protected]
S�Litude Lake ManagementTracy Fleming: 954-587-8777Email: [email protected]
U.S. Century BankRick Alfonso: 305-715-5181Email: [email protected]
Acentria Insurance: 866-374-5084Sally Mevers: [email protected] Pena: [email protected] Pena: [email protected]
Alliance Association BankLisa Elkan, VP561-212-2091Email: [email protected]
Sharma & AssociatesVishnu Sharma: 954-284-3080Email: [email protected]
Specialized Pipe TechnologiesRonald D. Giles: 561-602-8660Email: [email protected]
Union Bank HOA Services / SmartStreetTracy Stephens: 678-405-1759Email: [email protected] On-Site, Inc.Regan Marock: 954-863-2526Email: [email protected]
KW Property Management & ConsultingSandy Bennett: 305-476-9188Email: [email protected]
Vesta Property ServicesBarbara Sanbria: 305-552-7855Email: [email protected]
REACH THEDECISION-MAKERS FASTER!
Become aChapterSponsor
Network and Promote:
Education!
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Visit us at cai-seflorida.org tolearn more!
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In Florida, water damage in a condo has andprobably always will be a common issue. Withthe annual hurricane season and the year-
round tropical climate that brings frequentshowers, there is always a good chance that theremight be some water damage somewhere in or ona residential property such as an apartmentbuilding, single family home or condo. A buildingwith a community association must have aproperty insurance policy that covers anydamages to common areas like lobbies, parkinggarages, parking lots, building exteriors, elevatorsand other shared spaces. This means any waterdamage that occurs to those areas should becovered by the insurance (Unless it was caused bystorm surge, in which case it would be left up tohurricane and/or flood insurance, in most cases).When it comes to water damage in a condo,however, it begins to become more complicated.Identifying who is truly responsible for the waterdamage inside of a condo can be, sometimes, likea game of ping pong betweenhomeowner’s/community associations, individualcondo owners or homeowners and their insurancecompanies.Subrogating the ClaimAlthough it is a common issue facing communityassociations across Florida, even associationlawyers get confused with this sometimes. Thereare laws and amendments made all the time thatcontinually change certain rules, shifting theresponsibility, depending on where the damagereally originated. The bottom line is this: it depends
on the cause of the damage. Whether yourassociation’s property insurance is notified of thewater damage first or whether the condo owner’sor tenant’s insurance is notified first, the insurancecompany will proceed to subrogate the claimagainst all other policies in play. Water damage ina condo involves weighing the different policiesagainst each other to see which party isresponsible for paying for the damage, dependingon how the damage occurred.Rule of ThumbAs per Florida Statute 718.111(11)(f) theassociation is responsible for everything exceptthe following, which is the unit owner’sresponsibility:All personal property within the unit or limited
common elements;water heaters andfilters, electricalfixtures, built-incabinets,appliances, floors,walls, ceilingcoverings, hardware,blinds, drapes,counter tops, andwindow treatments.
Drywall: This specific item can be tricky, but hereis the clarification. Drywall out is the association’sresponsibility and drywall finish such as textures orpaint is the responsibility of the unit owner. Barefloor up is the owner’s responsibility as well.
Continued on page 22
Water damage in a condo: Who is responsible?-TheWaterRes to ra t ionGroup .com B log
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6 Leading Causes of Florida Fish Kills-Aquatic Systems Lake & Wetland Services
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WHY ARE THE FISH IN OUR LAKE DYING?Fish kills happen in Florida. They are alarming andcan be a major turn off to prospective new homeowners, board members and residents. Read on tolearn why fish kills happen.#1 – Extended Cold WeatherFlorida fish are just like us, acclimated to warmtemperatures. In the winter, temperatures are rarelybelow 50°F (10°C) for more than a day or two. Coldsnaps that hang around drop the water temperaturebelow about 55°F (13°C) stressing nearly all our non-native tropical fish species. Tilapia, peacock bass andother cichlid species are particularly vulnerable to coldtemperatures.
Any fish species can be stressed by temperatures thatdrop more quickly than about 1°C per day. Therefore,both native and exotic fish will not survive if the coldweather stays around too long.
#2 – Fall Lake TurnoverTurnover occurs when surface water mixes with waternear the lake bottom. The bottom water may containlittle or no oxygen and have high concentrations oftoxic gasses like carbon dioxide and hydrogen sulfidethat are potentially lethal to fish. Turnover in Floridalakes happens naturally each Fall as the season’s firststrong cold front in October or November rapidlylowers surface water temperatures and with strongwinds, combine to mix the water column.
#3 – Watershed RunoffStorm water run-off high in organic content andchemicals creates a spike in dissolved oxygen demandthat can quickly lower lake oxygen levels and raiseammonia, nitrogen and turbidity enough to harm or killfish populations. Sometimes recently applied fertilizer,pesticides and asphalt sealers in watershed runoff aredirectly toxic enough to cause a fish kill.
#4 –Golden Algae BloomA rarer cause of fish kills is a bloom of golden algaewhich releases a toxin that suffocates fish. As thename suggests, Golden algae are not green in colorand the blooms are generally not readily noticeable tothe human eye. A quick microscopic algal identificationby a trained biologist can determine if Golden algae isbehind a recent fish kill.
#5 – Summer Heat Reduces OxygenIn Florida, low dissolved oxygen levels are by far themost common cause of a sudden fish kill and usuallyoccur in the warmer months from May throughSeptember. Fish swimming near the surface of thewater, and appearing to be gulping for air indicate a lowoxygen problem. Many factors cause low dissolvedoxygen levels in a body of water:
� High summer water temperatures
� Highly organic bottom muck
� Dense plankton algae blooms
� Intense tropical rainstorms flushing in organicdebris with extended cloudy weather conditions
#6 – Fish Get Diseases TooFish are as vulnerable to disease as other wildlife andsometimes a pond or lake experiences a naturalwidespread fish kill caused by a disease. Although lesscommon, disease should be considered especiallywhen only one species of fish in an otherwise healthylake is dying.
WE HAVE SOLUTIONS! Fish kills happen but thereare proven steps to take that help prevent kills fromoccurring using our proactive approach to lakemanagement. Environmentally sustainable lakemanagement planning provides solutions that greatlyimprove your fisheries. Call 800-432-4302 today!
It is often prudent to have a homeowner voteeven if one is not required. This may delay theprocess slightly on the front end, but it may alsosave lots of time and headache on the back-end.If a group of homeowners decides to file a lawsuitit may end up costing more time and money thanit would have taken to simply have a homeownervote, regardless of whether there was any meritto the lawsuit or not. As an added bonus, doingso may help with getting approved for a loan.Oftentimes special assessments requirehomeowner votes and are viewed as aburdensome task. Nevertheless, they offer somesignificant advantages over just doing a regularassessment increase. Firstly, as discussedpreviously, for large projects a vote may be thebest course of action. Also, by utilizing a specialassessment, it is easier to segregate what fundsare for operating and non-operating expenseswhich is helpful for general bookkeeping. Mostimportantly though, a special assessment allowsa community to give homeowners the option ofwhether or not they want to participate in thelending program. A special assessment allowsunit owners to prepay their share of the projectcost up-front rather than having an increasedmonthly assessment. Then those who wanted toavoid interest costs could, and those that couldn’tafford a large lump sum payment may pay for theproject over time. If this approach is used, allresidents are given options that may makeapproving a large dollar project more palatable.
Whether or not to special assessContinued from page 12
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Condo water damageContinued from page 18
Unit to UnitIf, for example, thereis a unit aboveanother and the topunit’s toilet leaksthrough to the ceilingof the unit underneathit, there would bethree insurances
involved here. The unit owner who’s toilet isleaking would be responsible for the getting thetoilet repaired. The unit owner underneath wouldbe responsible for his or her personal propertyand even the drywall finishes, as stated above.The association in this case would be responsiblefor any damage to the drywall and the electricalwiring within walls and/or insulation.Property Dry Outs after Water Damage to aCondoThe Florida statute doesn’t offer much claritywhen it comes to water damage in a condo,specifically when it has leftover standing water. Itis, however, in a community association’s interestto have this taken care of as soon as possible sothat more damage isn’t inflicted on the propertythat can then affect another unit owner’s propertyand eventually, require the association to getinvolved anyway. Standing water also threatensthe certain structural parts of the building withmold development and even deterioration. Insome cases, it might make sense for the unitowner and the association to split the cost of athorough, professional water dry out; in othercases, it might make more sense for thecommunity association to take on the cost.NegligenceLastly, negligence on a unit owner’s part absolvesthe association of any responsibility and requiresthe unit owner to handle costs of repairs. It’simportant to clearly define negligence in anydocuments, bylaws, or rules and regulationsgiven unit owners from the start, to avoid takingon unjustified costs or avoiding escalation intounnecessary legal battles.
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Nuisances…what is a Board to do?-Jeffrey A. Rembaum, Esq., Kaye Bender Rembaum, Rembaum’s Association Roundup
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The dog barks, and the parrot squawks. Aneighbor is cooking with too much garlic,again. An owner is smoking non-stop on their
balcony making it unpleasant for everyone else. Aneighbor, several neighbors, or even manyneighbors are complaining to the board. What is acommunity association board to do?
In dealing with any possible nuisance, the boardshould first decide whether or not the activity inquestion constitutes a “nuisance.” Bear in mind, anindividual’s personal hypersensitivity to another’sactivity is not a nuisance. Ask yourself, if you werethe ordinary person, a judge or a member of the jury,do you believe that the conduct in question is sonoxious that it truly rises to causing a nuisance? Is itonly one person, or family, that is bothered by thealleged noxious activity or is it half of thecommunity? Singular neighbor to neighbor disputesare not a matter for the board to contend. The boardshould not put itself into a position as the “referee.”Arguably, the only time a board may be obligated toact in a neighbor to neighbor dispute is when a FairHousing Act violation occurs or when the board hasactual knowledge of a life-threatening activity takingplace.
In the event the board determines that a nuisance isactually occurring, then it is time to act. The board,typically through the manager, should first send aletter to the offending owner alerting them to thenuisance behavior, explain how the behavior iscreating the nuisance and importantly, provide thespecific relief sought. The letter should be firm, butnot over-the-top. Ask yourself, if you were the ownercausing the nuisance behavior and you received theletter from your association, would you respond in apositive manner? Remember the golden rule, to treatothers as you wish to be treated.
After sending the initial letter, the dog still barks, andthe parrot still squawks. Now what? Well, it is time toconsider other measures such as fining and use rightsuspensions. Pursuant to legislation first enacted inJuly 1, 2015, the board, at a properly noticed boardmeeting, must set the fine or use right suspension.However, before a fine or suspension can beimposed against the offending owner, a 14-daywritten notice and opportunity to appear in front ofthe grievance committee (a/k/a the “finingcommittee”, the “rules committee”, the “violationscommittee”, etc.) must be sent to the owner. If thegrievance committee does not agree exactly with theboard’s prior decision to fine and/or suspend userights, then the fine or suspension may not beimposed. If the grievance committee does so agree,then the offending owner must be provided withwritten notice of such decision.
If the nuisance continues, another tool that isavailable to community associations is the filing of alawsuit against the owner causing a nuisance. Insome instances, it may be necessary forcondominium associations to file an arbitrationaction with the Division of Florida Condominiums,Timeshares, and Mobile Homes. For a homeowners’association, before filing a lawsuit, the associationmust comply with mandatory mediationrequirements set out in Chapter 720, FloridaStatutes.
If the arbitration or mediation, as the case may be, isnot successful in curbing the nuisance behavior,then it is time to seek relief by filing a lawsuit in thelocal Circuit Court asking for an injunction to curtailthe behavior. Obviously, the board will need todiscuss this situation, in advance, with theassociation’s legal counsel.
Building a hurricane kit…it’s never too early to have a plan!-Ready.gov
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Yes, we know it’s early. But, the time to acquiredisaster prep knowledge is BEFORE the disaster.When an event is looming, it is not uncommon for
us to not think clearly, rushing through planning, and,finding that what you need is not available. In addition, ifyou haven’t noticed, storms are forming earlier, andlasting later into the season. Furthermore, strongerstorms are the new normal. With all of that said…Plan toBUILD A KIT!
Make sure your emergency kit is stocked with the itemson the checklist below. Most of the items are inexpensiveand easy to find, and any one of them could save yourlife. Once you take a look at the basic items, considerwhat unique needs your family might have, such assupplies for pets, or seniors.
After an emergency, you may need to survive on yourown for several days. Being prepared means havingyour own food, water and other supplies to last for atleast 72 hours. A disaster supplies kit is a collection ofbasic items your household may need in the event of anemergency.
Basic Disaster Supplies KitTo assemble your kit, store items in airtight plastic bagsand put your entire disaster supplies kit in one or twoeasy-to-carry containers such as plastic bins or a duffelbag. A basic emergency supply kit could include thefollowing recommended items:
� Water - one gallon of water per person per day for atleast three days, for drinking and sanitation
� Food - at least a three-day supply of non-perishablefood
� Battery-powered or hand crank radio and a NOAAWeather Radio with tone alert
� Flashlight� First aid kit� Extra batteries� Whistle to signal for help
� Dust mask to help filter contaminated air and plasticsheeting and duct tape to shelter-in-place
� Moist towelettes, garbage bags and plastic ties forpersonal sanitation
� Wrench or pliers to turn off utilities� Manual can opener for food� Local maps� Cell phone with chargers and a backup battery
Additional Emergency Supplies� Prescription medications� Non-prescription medications such as pain relievers,
anti-diarrhea medication, antacids or laxatives� Glasses and contact lense solution� Infant formula, bottles, diapers, wipes, diaper rash
cream� Pet food and extra water for your pet� Cash or traveler's checks� Important family documents such as copies of
insurance policies, identification and bank accountrecords saved electronically or in a waterproof,portable container
� Sleeping bag or warm blanket for each person� Complete change of clothing appropriate for your
climate and sturdy shoes� Household chlorine bleach and medicine dropper to
disinfect water� Fire extinguisher� Matches in a waterproof container� Feminine supplies and personal hygiene items� Mess kits, paper cups, plates, paper towels and
plastic utensils� Paper and pencil� Books, games, puzzles or other activities for children
continued on page 30
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What do you mean…I can’t bring my own personaltrainer to the Clubhouse Gym?by: Jeffrey A. Rembaum, Esq.; Kaye Bender Rembaum; from ‘Rembaum’s Association Roundup’
In the recent Fourth DistrictCourt of Appeal case ofCharterhouse Associates,
Ltd., Inc. v. Valencia ReserveHomeowners Association, Inc.,decided November 28, 2018, theCourt determined whether ahomeowner is entitled to bringtheir own personal trainer to theassociation’s fitness centerwhere the association’s board ofdirectors enacted a new ruleprohibiting private trainers,instructors, physical therapist,and massage therapists fromworking in the fitness center.
In this case, CharterhouseAssociates, Ltd., Inc. owned thelot within the association’scommunity and authorizedKenneth and Gail Browne to reside at the propertyand assume the ownership rights of thecorporation, which included membership within theassociation. The Browne’s brought their personaltrainer to the clubhouse on several occasions butwere later prohibited from doing so because of theaforesaid rule adopted by the board.
The association’s Declaration of Covenants,provided in relevant part, that the associationproperty, which includes the fitness center, wasreserved for the private use and enjoyment of…“the owners, and their family members, guests,invitees and tenants, but only in accordance withthis Declaration.” In addition, the owners, theirfamily members, guests, tenants, agents, andinvitees, all had a permanent and perpetual,nonexclusive easement for ingress and egressover, enjoyment in, and use of the associationproperty. Also, the Declaration provided the boardthe right to establish rules and regulationspertaining to the use of the association property.Because the association entered into a contractwith a private provider, it enacted the ruleprohibiting private personal trainers, amongstothers.
Initially, the trial court, as a result of the summaryjudgment hearing, ruled in favor of the association.On appeal, the appellate court reviews trial courtdecisions stemming from summary judgmenthearings in a light “most favorable to the non-moving party.” The appellate court, in addition tofocusing on whether the trainer was an “invitee” ofthe Browne’s who was prohibited by the adoptedrule in question, also focused its analysis onwhether the board had the authority to enact therule which prohibited the Browne’s trainer in thefirst place.
The appellate court looked to an often-cited case,Beachwood Villas Condominium v. Poor, a 1984Fourth District Court of Appeal case. In thisappellate decision, the Court looked to a decisionfrom yet an older 1981 appellate case, HiddenHarbor Estates, Inc. v. Basso, which suggestedthat condominium rules fall into two classifications:those rules set out in a declaration of condominiumand thus approved by the membership, ascompared against those rules adopted by theboard.
Continued on page 29
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The rules contained in the declaration itself areclothed with a strong presumption of validity.However, board adopted rules are reviewed byfirst determining whether the board acted within itsscope of authority and then whether the rulereflects reasoned or arbitrary and capriciousdecision-making.
As to the board adopted rule prohibiting privatetrainers, the appellate court held that the board’s
adopted rule prohibiting the member’s privatetrainer directly conflicted with the declaration’sprovision granting all owner’s invitees access tothe fitness center. Therefore, the appellate courtheld that the board adopted rule contravened anexpress provision of the declaration and thus, theboard exceeded their scope of authority byenacting the rule in the first place.
Ultimately, what can be gleaned from this case isthat before determining whether a board adoptedrule is reasonable as compared against beingarbitrary and capricious, is to first ensure that therequisite authority exists for the board to adopt arule in the first place. Since the appellate courtdetermined that the rule should not have beenadopted because it was contrary to the terms ofthe declaration, the appellate court reversed thetrial court and remanded the case back to the trialcourt for further proceedings consistent with theiropinion.
Personal Trainers Continued from page 28
Hurricane kitcontinued from page 26
Maintaining Your Kit� After assembling your kit remember to maintain it so
it’s ready when needed:
� Keep canned food in a cool, dry place
� Store boxed food in tightly closed plastic or metalcontainers
� Replace expired items as needed
� Re-think your needs every year and update your kit asyour family’s needs change.
Kit Storage LocationsSince you do not know where you will be when anemergency occurs, prepare supplies for home, work andvehicles.
� Home: Keep this kit in a designated place and have itready in case you have to leave your home quickly.
Make sure all family members know where the kit iskept.
� Work: Be prepared to shelter at work for at least 24hours. Your work kit should include food, water andother necessities like medicines, as well ascomfortable walking shoes, stored in a “grab and go”case.
� Vehicle: In case you are stranded, keep a kit ofemergency supplies in your car.
Images from the 2018 Casino Night & Holiday Gala
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