Florida Condo & HOA Legal Blog : Florida Condo Lawyer & Attorney : Becker & Poliakoff Law Firm : Condominium & HOA Law Blog

We want to thank the hundreds of people that registered for our webinar on June 1.  You raised important questions and issues for community leaders and managers.  The webinar is now available for replay if you could not attend.  Click HERE to view the recorded webinar.

We received so many questions both during the live event and after that we couldn't respond to due to time constraints.  Some of those questions are answered on the Florida Construction Law Authority blog.  Others are:

Question: If a unit owner does not maintain their personally owned shutters and is notified in writing by the Board and the shutters fail and parts fly off and cause damage to the building or personal property of other owners, is that owner deemed negligent and responsible for the costs of repair of any such damage?

Answer: Even if you suspect negligence, treat any damages as a casualty losses. The shutters wouldn’t have created damages without the storm or casualty event. Make sure the adjuster knows what damages occurred and do not exclude damages from your Proof of Loss or report to the insurance company.

There are actions you can take now to mitigate losses in the event of a storm – have a professional inspect all hurricane shutters to confirm they are operating properly. If not, the board can then address the issue directly with the home owner. Many governing documents allow the association to perform repairs on an owner’s account (if the owner fails to do so after notice) and there are other remedies available as well. An ounce of prevention is worth a pound of cure.

Question: Please discuss whether there are changes for association requirement to repair to air conditioning equipment on the roofs of high rises.

Answer: This issue confuses both board members and unit owners. The laws changed in 2009. The condo master policy must include coverage for all HVAC – that means air conditioners, air handlers, compressors, duct work, etc. Having insurance coverage doesn’t mean the association is always responsible for repairs to air conditioners though. The association is only responsible for casualty losses – not wear and tear, not unavoidable damages as a result of age, etc. If your a/c unit is 15 yrs old and cannot be re-installed after roof work – that is not a casualty. If your a/c stops cooling – that is not a casualty. If your a/c unit is hit by lightening, that’s a different story.

Question: Discuss the extraordinary powers granted to condominium BODs during an emergency.

Answer:   If a state of emergency is declared where the condominium is located:
 The board can contract for debris removal without bids.
 The board can, prohibit unit owners, family members, tenants or guests from entering the condominium property upon advice of emergency management officials or licensed professionals. (i.e. the condo is unsafe for one reason or another)
 The board can require residents to evacuate in the event of a mandatory evacuation order.  The board can authorize removal and disposal of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property.
 The board can levy special assessments without approval of the unit owners.
 The board can even borrow money and pledge association assets without prior unit owner approval.

The purpose of this law is to give boards flexibility to handle the immediate needs of the condo – once the state of emergency expires (for that area) the emergency powers expire as well.

Question: Responsibility for damages to condos that are in foreclosure and have not yet been auctioned by the bank.

Answer: This is a good question – the association still wants to take actions necessary to mitigate further damage to the building. So, that means you would still board up windows, remove items that must be removed to prevent or minimize mold and get the a/c working for the same reason, etc. It is money well spent (and should, for the most part, be included in insurance coverage), even if you suspect you will never recover the money from the deadbeat owner or the bank.

 Don't forget to join us for upcoming webinars for community leaders and managers.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

The Florida Department of Community Affairs and Florida Division of Emergency Management announced availability of the latest guidebook in the State's Best Practices Series titled, “Post-Disaster Redevelopment Planning: A Guide for Florida Communities.”

Over the past four years the Department and the Division have concentrated efforts on community resiliency and long-term sustainability through Post-Disaster Redevelopment Planning.  Statewide experts with the Division of Community Planning, the Department of Community Affairs and the Florida Division of Emergency Management worked together with funds from the National Oceanic and Atmospheric Administration through the Florida Coastal Management Program, the Florida Department of Environmental Protection, and the Federal Emergency Management Agency through a Hazard Mitigation Grant researching lessons learned from previous disasters and developing guidelines for the future. This research was evaluated when drafting the planning process.  The guidelines were tested through a series of pilot projects. This new 152 page guidebook is the culmination of this effort.

This guidebook, along with other resources, is located on the Department’s website here: Post-Disaster Redevelopment Planning; A Guide for Florida Communities.  

Community Associations can learn a lot from these and other resources published by the Department of Community Affairs.

• Email This
• Print
• Comments (2)
• Trackbacks
• Share Link

Live Webinar
Friday, July 23, 2010 from 2:00 PM–3:00 PM EDT
(1:00 PM-2:00 PM CDT)

Anatomy of a Disaster Claim
With hurricane season upon us, now is the time to gear up for the potential of a disaster claim against your insurance company. Learn what you can do now to prepare a complete and well-documented claim, thereby lessening the worry and ensuring the likelihood of a maximized recovery.

Steven B. Lesser, Esq.	Herbert O. Brock, Jr., Esq.	Rick Slider, P.E.

Join Board Certified Construction Lawyers Steve Lesser, Esq., and Herb Brock, Esq. of Becker & Poliakoff, along with Rick Slider, P.E., of Slider Engineering Group, a firm specializing in structural engineering and forensic investigation, for this live webinar on the Anatomy of a Disaster Claim.

Register below and you will receive a confirmation email with information on how to participate.

http://event.vcallinteraction.com/r.htm?e=226711&s=1&k=023C0E8B69E94BF7A3493AF48E9B32E9

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

Governor Crist Issues Executive Order 10-01 Establishing Gulf Oil Spill Economic Recovery Task Force.

The Executive Order issued today is intended to facilitate efforts to recover for losses resulting from the oil spill.  The task force is in addition to the "pro-bono" legal advisory council chaired by former Attorneys General Bob Butterworth and Jim Smith.  The task force will:

• Coordinate State efforts to assist affected business and industries;
• Monitor BP's compensation and claims processes;
• Gather data regarding economic losses and industry indicators;
• Promote business and tourism; and
• Disseminate information and communicate with affected parties.

The Attorney General's office also launched a deepwaterhorizon website to keep Floridians informed about the State's efforts.  Citizens are encouraged to prepare for losses and protect themselves from fraud.

Community associations need to be aware that several governmental agencies have jurisdiction over coastline/beachfront issues.  It may be necessary to secure permits from the Army Corps of Engineers (“ACE”) and/or the Florida Department of Environmental Protection (“DEP”) before taking any action. Violating regulations could result in serious consequences.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Community Leaders, Management, Staff and Owners Must Act Now to Protect Their Investments, Livelihoods and Homes.

Gulf Coast communities have dealt with a lot of casualties over the years.  Many owners were displaced for years after Hurricane Opal.  Opal's 20 foot storm surges destroyed buildings and businesses.  While special assessments mounted to cover mitigation, repair and other costs, property owners & businesses that cater to community association management/vacation rentals lost their source of revenue - a double whammy.

Oil continues to gush into the Gulf of Mexico.  This disaster is as potentially damaging to the Gulf Coast communities as any hurricane or tornado.  News reports indicate an oil slick the size of Delaware hovers offshore and is likely to make landfall in significant amounts.  Gulf shore residents can expect tar on the beach, an ocean sheen, fish and birds washing up onto shore and more.  Needless to say, tourists are already canceling their plans to visit the Gulf Coast and business are showing signs of distress. While there are still a lot of unknowns, the effect of this spill on the environment and the economy on the northern Gulf Coast is certain to be devastating.  

Community leaders, managers, staff members & owners all have a role in minimizing losses.  Please, protect yourselves and your investments.  Implement your disaster plan and document all losses, including cancellations of vacation plans, beach clean up, damages to personal property and the like.

As with any catastrophic loss, Gulf Coast owners and residents can expect a mass influx of outsiders looking to benefit from this unfortunate event.  Contractors, public adjusters and yes, even attorneys, are likely to swoop down on the region.  BP created a claims process - anyone believe that the oil company is looking out for your best interests?

Becker & Poliakoff Attorneys have represented community associations in the Gulf Coast/Panhandle area for more than twenty (20) years.  Helping clients recover from casualty losses is one of our services.  Attorneys Ray Newman, John Cottle, Angela Chao Clark and John Townsend are already in the process of advising clients how to minimize their losses and prepare for the legal issues they will need to confront in the coming days, weeks, months - perhaps years.

John Cottle explained to Tallahassee Democrat publication that obtaining the remedies available under the federal Pollution Act of 1990, requires evidence of losses. Board Certified Construction Attorney Sanjay Kurian (a contributor to this blog) indicated that insurance claims are not easy or simple matters in an article published by the News Press.  His experience comes from helping community associations recover insurance proceeds from Hurricanes Charley, Jeanne, Francis & Katrina (among other cases).

Becker & Poliakoff has maintained a fully staffed office in Panhandle area since 1998, representing hundreds of community associations with respect to board/association operations, interpreting and enforcing covenants and restrictions, regulatory compliance issues, disaster recovery, insurance claims, construction disputes and more.

For more information on what you can do now to prepare, minimize your losses and ultimately recover for your damages, please visit www.hurricane-recovery.com.   We wish for the best for the Gulf Coast, surrounding areas and all of Florida. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link