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

The Firm's Hurricane Preparation & Claims Recovery Team recently held the second presentation in its 2011 Disaster Recovery webinar series.  Firm attorneys were joined by Licensed Engineer Steve Mainardi of Delta Engineering & Inspection, Inc. to discuss the major considerations community leaders and managers must take into account after a significant loss.  Topics included:

• Essential elements of a reconstruction contract;
• The distinction between contracting for emergency mitigation work and reconstruction work;
• Construction Lien Law compliance including the importance of a Notice of Commencement and Contractor Release of Liens;
• Understanding the pro's and con's of different types of construction contracts;
• Defining the Scope of Work, Change Orders and much more....

If you were not able to attend the live event, click HERE to view the webinar in its entirety at your convenience. 

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

David Muller

The Community Association Leadership Lobby (“CALL”), the lobby arm of Becker & Poliakoff, P.A., recently hosted a Legislative Webinar that focused on recent changes to Florida Law based on the 2011 Legislative Session.  We were honored to have State Representative George Moraitis, who sponsored HB 1195 (this year’s large community association bill), join us as a guest presenter during the Webinar.  We had a record number of attendees for the Webinar and we thank you for your continued support and interest.

The webinar can be viewed by clicking here.

We received several questions during the Webinar, including the following:

Question:  Are we allowed to send an e-mail to all owners?  Should the e-mail addresses be all entered as blind copy?

Answer:  Your question refers to the provisions contained in Section 718.111(12), Florida Statutes (condominium associations), and Section 720.303(5)(c), Florida Statutes (homeowners associations), which prohibit disclosing certain information, such as owner e-mail addresses, to other owners.  HB 1195, which will become effective on July 1, 2011, will allow for the release of certain “personal identifying information” if the subject owner consents in writing to the disclosure of this protected information.  Thus, the sending of mass e-mails to the owners is not specifically prohibited by this statute.  That said, unless you blind copy all of the owners (i.e. send the e-mail via the “bcc” feature), all of the owners will have the opportunity to view their neighbors e-mail addresses.  Unless the written consents of all of the owners have been obtained (per the new law), this could be viewed as a violation of the above-referenced statutes.  Therefore, the conservative approach would be to only send mass e-mails to the owners by using the blind copy feature.  

Question:  Can we send a letter to the owners saying that their personal identifying information (e.g. e-mail address, etc.) will be made available unless they specifically tell us not to disclose this information?

Answer:  The new statute cited above calls for an “opt-out” not an “opt-in” on this issue.  In other words, you must obtain the written consent of the owners to disclose this information.  The statute does not allow an association to proceed as you suggest above.  

Question:  Where can I find the new form “tenant collection letter” contemplated under Section 718.116(11), Florida Statutes (condominium associations), Section 719.108(10), Florida Statutes (cooperatives), and Section 720.3085(8), Florida Statutes (homeowners associations)?  Is this form available online?

Answer:  The new form letter you reference above is specifically included in the language of the above-referenced statutes, which will go into effect on July 1, 2011.  The form for condominium associations can be viewed by clicking here (which takes you to the text of HB 1195), beginning on page 30.

The form letter for cooperatives can be viewed on page 54 of this same link.  The form letter for homeowners associations can be viewed on page 71 of this same link.  Associations should consult with their attorneys regarding the new collection laws so as to ensure proper compliance.  

CALL has also prepared a comprehensive summary of the 2011 Legislative Session, which can be accessed by clicking here.


 

• Email This
• Print
• Comments (3)
• Trackbacks
• Share Link

Join Becker & Poliakoff's CALL team along with Special Guest Representative Moraitis, Jr., the sponsor of HB 1195.

Live Webinar — Monday, June 13, 2011
1:30 PM – 3:00 PM EDT

2011 FLORIDA LEGISLATIVE SESSION:
New Laws Affecting Community Associations

The 2011 Florida Legislative Session came to an end upon adjournment on Saturday, May 7.  House Bill 1195, sponsored by Rep. George Moraitis, Jr. (R-FL 91st District), passed during the Legislative Session and will soon be headed to the Governor for final action.  The CALL team of Ken Direktor,  David Muller and Yeline Goin, Co–Executive Directors of CALL, will be joined by Travis Moore, CALL’s lobbyist in Tallahassee, along with our Special Guest Rep. Moraitis, for an in-depth analysis of this bill as well as others that affect daily operations in your community.  Click on the register button below to sign up for this very important event!

Ken Direktor, Esq. West Palm Beach	David Muller Sarasota
Yeline Goin, Esq. Tallahassee, Ft. Myers	Travis Moore Tallahassee

Register today! You will  receive a confirmation email with information on how to participate from the convenience of your computer.

• Email This
• Print
• Comments (3)
• Trackbacks
• Share Link

Live Webinar on Wednesday, December 1, 2010
2:00 PM–3:00 PM Eastern (1:00 PM-2:00 PM Central)

Funding Owner Delinquencies: Collecting Rent From Tenants

The 2010 Florida Legislature created new procedures for community associations to collect assessments from tenants of owners who are in arrears. You’ll want to join us to hear about these new collection techniques and to learn how to avoid pitfalls in the process.

Lisa Magill, Esq. Becker & Poliakoff Ft. Lauderdale	Scott Petersen, Esq. Becker & Poliakoff Sarasota

Join moderator Lisa Magill and Scott Petersen of Becker & Poliakoff who will present with guest speaker Seth Heller of Heller & Company, Inc., a receivership, private equity, and advisory firm based in Miami, for this insightful live webinar on Funding Owner Delinquencies: Collecting Rent From Tenants.

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

http://event.on24.com/r.htm?e=257939&s=1&k=E4782631B583E8047AAB430A0C918CA1

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

An insurance claim that develops into a lawsuit can be a process fraught with obstacles. This webinar, recorded September 29, 2010, reviews actual Florida cases where claimants filed suit against their insurance companies, each with very different outcomes. Ken Direktor, Chair of Becker & Poliakoff's community association law practice group moderates, with Rob Rubin, a trial lawyer in our West Palm Beach office, who provides insightful legal analysis of the cases. Special guest Andrea Northrop, a commercial insurance agent with Insurance Office of America, Florida 's largest privately-held insurance agency, presents an insurer's perspective.

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

Wednesday, September 29, 2010
2:00 PM – 3:00 PM EDT (1:00 PM – 2:00 PM CDT)

An insurance claim that develops into a lawsuit can be a process fraught with obstacles. We will review actual Florida cases where claimants filed suit against their insurance companies, each with very different outcomes. Ken Direktor, Chair of Becker & Poliakoff's community association law practice group will moderate, with Rob Rubin, a trial lawyer in the firm's West Palm Beach office, who will provide insightful legal analysis of the cases. Special guest Andrea Northrop, a commercial insurance agent with Insurance Office of America, Florida 's largest privately-held insurance agency, will present an insurer's perspective.

Kenneth S. Direktor, Esq. Becker & Poliakoff Ft. Lauderdale	Robert Rubin, Esq. Becker & Poliakoff, P.A. West Palm Beach	Andrea C. Northrop Insurance Office of America Jupiter

Wednesday, September 29, 2010
2:00 PM – 3:00 PM EDT (1:00 PM – 2:00 PM CDT)

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

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

By:  Tammy LoVecchio, Gulfshore Insurance (Naples & Ft. Myers) and Greg Marler, Becker & Poliakoff, P.A., (Naples)

We were pleased to present a one-hour flood insurance webinar on August 19th. 

Please feel free to view the webinar in its entirety.

We especially appreciate the interest shown and questions raised by the attendees. There were some recurring follow-up questions that warrant brief discussion.

Mortgagee Demands
First, it appears that several owners and associations have recently received demands from mortgage lenders to obtain flood insurance.  Some report being asked to increase the amount of current coverage above the maximum available through the National Flood Insurance Program (NFIP), that being $250,000 per home or unit, or in some cases, above the replacement cost of the property.  Some associations have even been threatened with force-placed insurance on the entire community.

As we discussed during the webinar, the most common source of the requirement to have flood insurance is the National Flood Insurance Reform Act of 1994, which requires most lenders to require flood insurance on any property located in a Special Flood Hazard Areas (SFHA).  But that Act, and all of the regulations and guidelines adopted by FEMA and government sponsored entities such as Fannie Mae, clearly only require flood insurance up to a maximum of $250,000 per home/unit.  It is not at all clear why these new demands are being made.  It is certainly within the authority of a lender to make risk management decisions and impose insurance requirements in excess of those imposed by the Act.  To determine if the lender can then force place insurance on you as a borrower, you must read your mortgage.  But there is no legal authority for a lender on a home or unit in a shared ownership community to force place flood insurance on an entire association.  Our advice is that you inquire directly with the demanding lender to determine its specific basis for making the request.

Homeowners’ Associations
Some questions seek clarification of flood insurance requirements for a homeowners’ association.  Because single family homes, and usually the lots on which they are built, are separately owned and freestanding, insurance on those homes must be obtained directly by the owner.  But what about an association’s clubhouse or other amenities?  Must the association carry flood insurance for those improvements?

Unlike condominiums, the law governing homeowners’ associations in Florida does not contain mandatory insurance coverage requirements.  But you should review your governing documents to determine if they contain insurance requirements.  Unless the association has a mortgage on its property, in which case it would be reasonable to expect there are insurance covenants, the only possible, remaining source of a flood insurance requirement on homeowners’ association-owned improvements is the fiduciary obligation of the board to protect and maintain the property against known or reasonably foreseeable risks.  We are not aware of any cases that have established that a homeowners’ association has a legal obligation to carry flood insurance.  But since the issue will likely arise only after a catastrophic flood loss when the stakes are high, there is some risk to simply dismissing the issue.

To add to the risk, directors and officers liability insurance policies typically exclude coverage for claims against the directors based upon the failure to obtain insurance.  It is true that the exclusion can be removed, but obtaining flood insurance is a condition of removing the exclusion.  This is akin to obtaining auto insurance on the condition that you agree never to own or drive a car.

• Email This
• Print
• Comments (6)
• Trackbacks
• Share Link

 Did you know you can potentially collect full policy limits from both your flood and property insurance policies?  Do you know how?

According to the National Flood Insurance Program, flood is the most common disaster in the United States.  On average flood claims stem from more than thirty thousand ($30,000) worth of damages.

Did you know that almost 25% of flood insurance claims come from moderate to low risk areas?

Floods do not discriminate.  They can and do happen all over the country.  Flood damages may be due to a heavy rainstorm or hurricane, melting snow, plumbing malfunctions, levee or dam failures and rising bodies of water.  Even new development can cause floods due to a change in the drainage patterns of adjacent properties.   

Becker & Poliakoff's Disaster Claims Recovery Team is in place to help you prepare for the consequences of a flood in your community. Answers to important questions will be provided in this live web event:

• What exactly does flood insurance cover?
• Who needs it?
• Are community associations required to carry it? 

Join moderator Ken Direktor, Esq. of Becker & Poliakoff ( Ft. Lauderdale ), and Greg Marler, Esq. of Becker & Poliakoff ( Naples ), who will present with guest speaker Tammy LoVecchio, AAI of Gulfshore Insurance for this Free Webinar Flood Insurance: What You Should Know to Protect Your Community.

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

Live Webinar on Thursday, August 19, 2010
10:00 AM-11:00 AM EDT (9:00 AM-10:00 AM CDT)

• Email This
• Print
• Comments (3)
• Trackbacks
• Share Link

PLEASE NOTE THE CHANGE IN TIME FOR THIS PRESENTATION
We apologize for any inconvenience.

Live Webinar
Friday, July 23, 2010 from 10:00 Am–11:00 PM EDT
(9:00 PM-10:00 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
• Trackbacks
• Share Link

With oil from the recent catastrophe in the Gulf reaching Florida 's coast line, now is the time to become informed on what your options are to protect your communities.

Join Becker & Poliakoff's Disaster Claims Recovery Team  Friday, June 25 at 3:00 - 4:00  PM EDT for a live web event, where you will learn about:

• The BP claims process
• The insurance claims process
• How to spot the pitfalls that hinder recovery

Presenting from Becker & Poliakoff's Disaster Claims Recovery Team are John Cottle, Esq.  and  Sanjay Kurian, Esq.   The webinar will be moderdated by Cara Thomas, Esq.

John Cottle, Esq.	Sanjay Kurian, Esq.	Cara Thomas, Esq.

 There is no cost to participate.  Register today by using this link:

https://compx11.eventcenterlive.com/cfmx/ec/register/reg.cfm?BID=1&RegID=B53FB847

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

Close to 200 Community Leaders and Professional Property Managers participated in the first of a series of webinars presented by Becker & Poliakoff, P.A.

On Wednesday, May 28, 2009, CALL presented a webinar explaining legislative activities during the 2009 legislative session.  Co-executive directors Yeline Goin and David Muller were active in Tallahassee and throughout the State of Florida during the latest legislative session, advocating for the interests of Florida Community Associations.

Attorney Yeline Goin started the session with an in-depth explanation of the impact of SB 714, which was sent to the Governor on May 18th.  Governor Crist has 15 days to sign or veto the bill before it becomes law.  Ms. Goin alerted the participants to lobbying efforts encouraging a Governor's veto.

SB 714 impacts insurance obligations of condominium associations and condominium owners, addresses eligibility for service on a board of directors of a condominium association, as well as fire and life safety issues.  Please click here for more information about the Bill.

Attorney David Muller explained changes resulting from SB 2080 which would prohibit Community Associations from enforcing deed restrictions that preclude xeriscaping.  Becker & Poliakoff previously provided its clientele with the University of Florida's recommendations for 'Florida-friendly' landscaping in its Community Update publication.

Mr. Muller alerted the participants to increased filing fees for foreclosure lawsuits, explained changes to Chapter 617, Florida Statutes that would result from SB 2330 and impacts from HB 1495.  He noted that despite reports from other sources, HB 1495 does not include a condominium mitigation loan program that was initially contemplated by the legislature.

Mr. Muller advised the participants of CALL's continuing effort for legislative changes necessary to improve Community Association financial problems, particularly with regard to the financial responsibilities of lenders and investor-owners.

To View Becker & Poliakoff’s Insider's Analysis of the 2009 Legislative Session - New Laws Affecting Community Associations go to:

http://events.vcall.com/VCall/ReplayLogin.aspx?room=2146003612

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