Some might say it’s too soon. Too soon to talk politics and policy, when the search, rescue and recovery operations at the Surfside Champlain Towers South condominium collapse disaster are still tragically unfolding before our eyes. But this is exactly the time to discuss what we can do to guarantee this kind of disaster never happens again – when the unbearable grief is hardest to see, when the potential death toll is the hardest to comprehend.    Let’s be clear: 40-year-old buildings in the United States should never simply collapse. Period.    And we shouldn’t wait another moment before finding and embracing commonsense policies that make sure that is true.    In Florida, where our edifices are under constant attack – from salt, sand, water, storms, lightning, winds, surge, and more – the most important next step we can take is to make sure the same standards are being met in every community.    In that spirit, we have urged Gov. Ron DeSantis to immediately establish a statewide task force of industry experts to determine the highest and best standards and other policies to improve the safety of Florida’s high-rise buildings. That task force could begin work now, so that its findings and recommendations help guide Gov. DeSantis and the Legislature in enacting new state laws.    For those of us who have lived in Florida for many years, this approach feels familiar. In the wake of Hurricane Andrew, Florida adopted a uniform statewide Florida Building Code. The code mandated new buildings must be able to withstand hurricane-force winds and have storm shutters or storm-resistant windows. But what about older structures?    Requirements governing the frequency and thoroughness of inspections vary widely among Florida’s 67 counties and more than 400 cities and towns. Local governments often loudly resist legislation that takes away their authority by imposing statewide standards – but for safety issues like this one, such preemption is wholly appropriate.    We inspect the elevators inside these buildings every year – so shouldn’t we regularly assess the safety of the buildings themselves?    In the meantime, condo boards...

   Sachs Sax Caplan, P.L. founding partners, Louis Caplan and Peter S. Sachs are quoted in the news regarding the Surfside tragedy.  "People are saying, 'Am I safe?'" said founding partner Peter S. Sachs. "'What repairs do we need in my building? What have we done, what have we done?'" "We don't have any re-inspections required in Palm Beach County, or anywhere in the state, outside of Miami-Dade and Broward County," Sachs said. "If we could prevent this from happening again, that would be a wonderful legacy to this whole situation."  “Our hearts go out to all the victims of the Surfside collapse and their loved ones. This horrific tragedy is a red flag warning for all high-rise condominiums, apartments, and commercial buildings – not just those along the coast,” said Louis Caplan, a founding partner of Sachs Sax Caplan. “The State of Florida inspects everything from elevators to gas pumps to ensure public safety, and we should similarly have statewide standards for buildings where hundreds, or even thousands, of people live or work,” said Peter S. Sachs, a founding partner at the firm who helped draft Florida’s original condominium laws in the mid-1970s. Caplan said Florida cannot leave the safety of buildings to volunteer condominium association members who lack the professional expertise to judge a structure’s integrity. “Condominium boards are willing to spend whatever is necessary to protect their residents,” he said. “The focus should be not on what it costs, but rather what it saves – lives.” Click the links below to read the articles in full. WPTV Article: https://www.wptv.com/news/state/attorneys-call-for-task-force-following-surfside-collapse-to-recommend-reforms WFLX Article: https://www.wflx.com/2021/07/01/attorneys-call-task-force-following-surfside-collapse/ Florida Politics Article: https://floridapolitics.com/archives/438646-law-firm-calls-for-special-task-force-after-surfside-condo-disaster/ 

   BOCA RATON, Fla. – Governor Ron DeSantis should immediately empanel a special task force of experts to examine the tragic Surfside condominium building collapse and recommend reforms intended to ensure that nothing like it ever happens again. That is the recommendation of Sachs Sax Caplan, one of the nation’s most experienced and respected law firms in the area of condominium law.    The special task force would include engineers, architects, building contractors, and other industry experts to make recommendations to the Governor, Florida Legislature, and state regulatory agencies in advance of the January 2022 session of the Legislature. The focus should be to develop policy changes that help establish a uniform statewide standard for building inspections and re-inspections, with the overarching goal of protecting life and safety.  The group could also make specific suggestions to ensure that existing condominium buildings are safe across the state and that current and future structures maintain the highest safety standards and structural integrity.    “Our hearts go out to all the victims of the Surfside collapse and their loved ones. This horrific tragedy is a red flag warning for all high-rise condominiums, apartments, and commercial buildings – not just those along the coast,” said Louis Caplan, a founding partner of the law firm. “The condition of aging buildings is a statewide problem, and it demands careful examination by a panel of experts who can make comprehensive recommendations at the state level.”    Since the June 24 collapse of Champlain Towers South in the Miami-Dade County town of Surfside, scores of questions are being raised, including the cause of the collapse, how to determine if other condo/high-rise buildings are at risk, whether building inspection laws and standards should be uniform statewide, and what steps condo associations should take to ensure that their buildings are safe.    Caplan and fellow founding partner Peter S. Sachs are urging the Governor to act quickly to create the task force and appoint members with a relevant range of professional expertise. Areas to scrutinize could include building materials, the frequency of inspections, and new mandatory disclosure requirements between condo associations and...

       On March 9, 2020, Governor DeSantis issued Executive Order 20-52, declaring a statewide State of Emergency in response to COVID-19. This order triggered statutory emergency powers for community associations throughout the state. The Governor continued to issue Executive Orders extending the State of Emergency every 60 days, up until the most recent extension made on April 27, 2021. On June 26, 2021, when the Governor did not further extend the March 2020 order, the COVID-19 State of Emergency expired.        Although the COVID-19 State of Emergency has expired, the COVID pandemic remains, and Florida continues to experience new cases, including new infections from COVID variants. In light of this, we believe the statutory emergency powers may continue to be relied upon for a reasonable period of time to continue employing reasonable measures association boards believe are necessary to provide for the health, safety and welfare of residents and their guests. For example, associations may continue to require use of face masks in common areas based on current CDC guidelines. Additionally, a graduated reopening of amenities, such as restricted capacities and/or operating hours, may be appropriate in balancing the safety of residents with the desire to enjoy all of the amenities in full, pre-pandemic, fashion. Each association will have its own unique set of circumstances and needs shaping which measures individual boards believe are reasonable and appropriate for their association.        The governing documents for an association will further address the extent of a board’s authority to administer and operate the association and to provide for the health, safety and welfare of the residents. If your board is struggling with the transition from the state of emergency and authority provided by the emergency powers, you should consult your association attorney. Michael UngerbuehlerSACHS SAX CAPLAN, P.L.

        On Thursday, June 24, 2021 around 1:30 a.m. officials received word of a building collapse in Surfside, Florida. Our thoughts and prayers go out to the residents affected by the tragedy at Champlain Towers South in Surfside. The condominium building has 136 units; approximately 55 units collapsed, and the entire building is now uninhabitable. The search, rescue and reunification processes are ongoing.         “Buildings just don’t fall down”, said Surfside Mayor Charles Burkett. He’s right, they don’t, which may lead to many other associations questioning their buildings’ structural safety and integrity. While it’s unclear what happened in Surfside, this tragic event underscores the necessity for associations serving multi-story buildings to be proactive and look at properties and their certifications to ensure this type of situation does not happen again.         In both Broward and Miami-Dade counties, there is a 40-year recertification process for real estate properties that are over 40 years old. Miami-Dade has had this process in place since the mid 1970’s, and Broward followed suit in 2005. The program calls for structural and electrical inspections for buildings 40 years old or older and every ten years thereafter. There are some exemptions depending on square footage, occupancy amount, farming buildings, as well as buildings on Indian Reservations.  While Palm Beach county does not have the same requirements for older buildings, it is highly recommended that buildings 40 years and older take these same precautions and follow these protocols.         Champlain Towers was built in 1981, making it a 40-year old building this year. Units in the building are typically listed between $600,000 and $710,000. This was a luxury condo building with many amenities and luxurious features. Surfside Commissioner Eliana Salzhauer said the building was beginning its 40-year recertification process and the roof was being redone. It is unknown if the construction activity contributed to the collapse.         40 years is a long time for a building to be around, especially when in close proximity to the ocean, and given the constant and evolving changes...

        It is often thought that estate planning is just for older people who are more established in their careers and lives and have more to plan for, when, that could not be further from the truth. From individuals planning for themselves, to married couples with young children, to retired adults, everyone can use some sort of planning.  This post will focus on estate planning for individuals or couples with a minor child and address some of the topics that they should be consider when planning for their child.           If you ask anyone with a minor child what their biggest concern is should they as parents, pass away, and most will answer that their largest concern is making sure their child is well taken care of. They generally do not mean this in the financial sense, but more in the sense that they will be raised in a good home and provided with the proper support system to help them grow. Here are a few things you should consider when planning for your minor child.         The first question you want to ask yourself, if you pass away, who would you want to raise your child?  That person or people need to be named in your Last Will and Testament. If your preference is not outlined in your documents, there is a chance that a legal battle will ensue to determine the best Guardian for your child(ren). The preference you have indicated in your Last Will is generally honored by the courts.         When considering who to name as Guardian, it is worthwhile to consider, the proposed Guardian’s religious and social values, the Guardian’s other children, where the Guardian lives and the arrangements available for your child.         Once you have decided who would be best suited to act as Guardian for your child, you need to decide how your assets should be distributed.  Without a plan, at your death, your assets would be given to the Guardian of your minor child and held for your child...

        New changes to the Florida Statutes governing community associations will become effective July 1, 2021, pursuant to multiple bills passed during the most recent legislative session.  Among these bills, SB 56 is particularly directed to community associations’ collection of maintenance fees and assessments.  Board members, property managers, and any community association staff involved in assessment collection must be familiar with these new provisions so as not to jeopardize or delay the ability of their associations to collect assessments from owners who have become delinquent.         Perhaps the most critical legislative change contained in SB 56 likely to affect all associations at one time or another is a new requirement that associations send owners who have become delinquent a sort of “courtesy” notice advising of their delinquency prior to requiring payment of any attorney fees for collection to be paid by the owner.  Currently, there is no actual statutory requirement that an association first notify an owner of their delinquency before sending the account to the attorney (even though many associations already routinely do so.)           However, SB 56 amends the Florida Statutes governing community association “pre-lien” collection practices to now require associations to first send a delinquent owner a “Notice of Late Assessment,” specifying the amount due on the owner’s account and providing the owner 30 days to pay that amount before any “further collection action” (i.e., attorney collection efforts) and attorney fees for collection are charged to the owner.  Form language for these notices is included in the legislation, and, unless the association substantially follows this language, subsequent collection efforts by the association attorney are likely to be negatively impacted.  Further, the legislation creates a rebuttable presumption that the “courtesy” notice was mailed if a board member, officer, agent, or licensed community association manager “provides a sworn affidavit attesting to such mailing.”  This means that associations will need to have forms prepared and ready attesting that the notice was mailed to each owner it sends to the association attorney for collection.         Secondly, the legislation prohibits...

        Numerous significant changes to Florida Statutes governing community associations (condominiums, cooperative and homeowners associations) will take effect July 1, 2021, presuming approval and signature by Governor Desantis. These changes are primarily contained in two bills already passed by both houses of the Legislature—SB 56 and SB 630.  The purpose of this column is to provide a brief overview of some of the most impactful changes, although there are many others not addressed here.  A more comprehensive and thorough summary of the new legislation will be contained in our upcoming 2021 Legal Update.           First, SB 56 imposes several new statutory requirements on association delinquent maintenance fees/assessments collection practices—something which, unfortunately, almost all associations have had to deal with at one time or another.  Specifically, the legislation amends the Florida Statutes governing “pre-lien” collection requirements and now requires community associations, before requiring owners to pay any attorneys fees for collection, to first deliver to the owner a “Notice of Late Assessment” allowing the delinquent owner an opportunity to pay before attorney fees for collection are assessed.  An affidavit attesting to delivery of this new notice will now need to be created and kept in owner account files to demonstrate compliance with the new statute.  In addition, SB 56 requires an association intending to change its delivery method for invoices/statements of account to owners to first deliver a notice of the change to each owner at least 30 days in advance. Further, they must receive an affirmative acknowledgement from the owner that they understand the change.  These affirmative acknowledgments will now be required to be maintained in the association’s official records.  Finally, SB 56 increases the statutory time period that pre-lien and pre-foreclosure notices must be delivered by condominium associations and cooperative associations to 45 days (currently 30 days), which conforms with the time periods already required for homeowners’ associations.         In contrast to the specific focus of SB 56 on collection practices, at more than 100 pages long, SB 630 contains a much more substantial and comprehensive set of changes to a variety of statutory...

            On Monday, May 3rd, Governor DeSantis issued Executive Orders 21-101 & 21-102 immediately suspending and, as of July 1st, invalidating all local remaining COVID-related emergency orders, statewide. Importantly, the Governor did not cancel or end the State of Emergency, which as of this writing is scheduled to continue through June 26, 2021. However, the latest order extending the State of Emergency provides that Florida should prepare to resume non-emergency operations as of June 27th.              As a result, we are seeing a split in reaction to these latest events. On the one hand, some communities are eager to fully reopen and return to pre-COVID operations. On the other hand, some communities are concerned that they should maintain restrictions on the use of common elements, areas, and amenities, as the COVID pandemic has not ended. With this column, we aim to provide some general guidance in how to address each side’s concerns.             For those communities comfortable with reopening, we recommend a measured approach, taking into consideration the CDCs’ ongoing guidelines and protocols. Recently enacted Section 768.38, Florida Statutes, provides corporate immunity against COVID-related claims where there has been a good faith effort to substantially comply with government-issued health standards or guidance. Although the County’s COVID orders were suspended, the CDC’s COVID guidelines and protocols remain in effect. As such, we believe the reopening of amenities and/or lifting of other COVID-related restrictions should, as appropriate and practical, still take into consideration the CDC’s guidelines in order to help minimize potential COVID-related claims. For example, for amenities that are reopened, we recommend reducing seating and capacity limits; maintaining distance between tables; and limiting group sizes.             For those communities that believe it is necessary to keep amenities closed or with limited hours of operation, we believe both homeowners and condominium associations may continue to do so, as the statutory emergency powers remain in effect, and, we believe, will continue for a reasonable time following the end of the State of Emergency. If a...

            Boca Raton, Florida - The Palm Beach County Sports Commission has appointed Larry Schner as member of the Board of Directors. The Palm Beach County Sports Commission is a private, not-for-profit organization contracted by Palm Beach County to promote and market the County as a sports and sports tourism destination. The Commission brings sporting events and activities to the County, enhances economic impact, stimulates bed tax revenues (with a focus on the off-season), and maximizes utilization of County facilities.             Larry is currently a partner at Sachs Sax Caplan, P.L. in Boca Raton, Florida. Larry joined Sachs Sax Caplan on December 1, 2016 after maintaining his own practice of Larry E. Schner, P.A. for twenty-five years in Boca Raton. Mr. Schner practices in the area of Community Associations Law, representing condominium and homeowners throughout Broward and Palm Beach County. He has extensive experience in this area and has represented hundreds of associations since his admission into the Florida Bar in 1985.             Sachs Sax Caplan is a full-service Florida law firm. Practice areas include Community Association Law, Estate Planning & Probate Litigation, Commercial Litigation & Appeals, Real Estate, Corporate & Land Use, and Governmental Law & Lobbying.             Larry is very eager to serve on the board of directors for the commission. He is excited to assist in planning and organizing events in the county for professional and amateur athletes. He hopes it will help improve and support the commissions goal of increasing tourism especially now that there is a better handle on the pandemic.               Larry has always had an affinity for sports. He played college basketball at Northwestern University. Decades ago, he helped put together the first exhibition game with the Miami Heat and the Seattle Supersonics that took place at FAU. Previously, he has been President of the Blue and White Club at Lynn University as well as the Owl Club at FAU. The love of sports has been passed down...

            April 5, 2021 marks the beginning of open COVID-19 vaccine eligibility for all adults in Florida, and, based upon the state’s progress battling the pandemic, courts are beginning to resume jury trials and in-person hearings after having suspended both for most of the past year.  While Florida’s foreclosure moratorium expired months ago, the President recently extended the foreclosure moratorium for federally guaranteed mortgages through June 30, 2021.  As the result of this extension, the majority of Florida mortgage foreclosure lawsuits will not proceed to conclusion for the next few months.  However, in this writer’s opinion, the moratorium affecting federally guaranteed mortgages is not likely to last in the United States beyond the summer.              Once all mortgage foreclosures may be resumed, courts, homeowners’ associations, and condominium associations will generally be interested in having the backlog of cases diligently prosecuted to conclusion.  As many associations learned during the recession that hit the housing market twelve years ago, it is often wasteful to pursue assessment collection activities against delinquent owners who are already involved in mortgage foreclosure cases and who will imminently be foreclosed by their lenders.  However, mortgage holders frequently take a deliberately slow approach to foreclosing, often to the chagrin of associations who bear witness to mounting assessment delinquencies as cases plod forward without urgency.              Therefore, associations are encouraged to file responsive pleadings in mortgage foreclosure lawsuits and to participate in cases as may be prudent to hasten their conclusion.  First mortgage holders suing to foreclose mortgages will join associations whose covenants impact the property being foreclosed, as defendants.  As a defendant to a mortgage foreclosure lawsuit, an association has the right and ability to participate in the case, to attempt to expediate its conclusion by taking actions including, but not limited to, setting motions for hearing, seeking defaults against parties who have not responded to the case, setting cases for trial after all parties have responded or been defaulted, objecting to extension requests, asking the judge for case management hearings, and requesting the setting or re-setting of foreclosure sales.  These are just some...

        April is #NationalFairHousingMonth!             This year, we celebrate the 53rd anniversary of the Fair Housing Act. This landmark law was signed into law on April 11, 1968, by President Lyndon B. Johnson. The Fair Housing Act prohibits housing discrimination because of race, color, religion, national origin, sex, disability, and family status. The Act furthers the beliefs advocated by Dr. Martin Luther King Jr. and the other heroes of the Civil Rights Movement.           “Fair Housing Month is a time to recommit to our nation’s obligation to ensure that everyone has equal access to safe, affordable housing,” said HUD Secretary Marcia L. Fudge. “Unfortunately, housing discrimination still exists, from individuals and families being denied a place to call home because of the color of their skin or where they come from, to landlords refusing to allow persons with disabilities to keep assistance animals, to individuals being denied a place to live because of who they love. In this moment of unprecedented crisis, fair housing is more important than ever. 53 years after the Fair Housing Act was signed, our journey to justice in housing continues.”For more information on Fair Housing from HUD, click here.   

            As many of you may know, the 2021 Florida legislative session recently began, and already several bills have been filed that relate to community associations. None, however, may be more important than House Bill 7, and its corresponding Senate Bill 72, which would act to protect associations from liability due to Covid-related claims. Under the law, a Covid-related claim would include any civil liability claim which arises from or is related to Covid-19, and includes any claim for damages, injury or death. Further, the legislation is applicable to all not-for-profit corporations, which would include all community associations and many country clubs.             Under the pending legislation, a plaintiff is required to plead their claim with particularity. Further, the plaintiff would be required to submit an affidavit, signed by a physician licensed in the State, which attests to the physician’s belief, within a reasonable degree of medical certainty, that the plaintiff’s Covid-related damages, injury or death occurred as a result of the defendant’s actions or omissions.             Presuming the plaintiff was able to do so, the court then would be required to determine, as a matter of law, whether the defendant made a good faith effort to substantially comply with the controlling governmental issued health standards or guidelines that were available at the time the cause of action arose. Admissible evidence would be limited to demonstrating whether or not the defendant made such a good faith effort.             If the court determined that the defendant made such a good faith effort, the defendant would be completely immune from civil liability. Further, if more than one set of standards or guidance was controlling or available at the time the cause of action arose, the defendant’s good faith effort to substantially comply with any one of such standards or guidelines would provide complete immunity from civil liability.             In addition, even if the court determined that the defendant did not make such a good faith effort, the proposed...

        BOCA RATON, Fla. (March 16, 2021) – Boca Raton-based law firm Sachs Sax Caplan has announced the elevation of three of their attorneys, Michael Chapnick, Joel Kenwood and Angela Prudenti from the position of Senior Counsel to Principal.         Michael Chapnick is Florida Bar Board Certified in Condominium and Planned Unit Development Law. He represents community associations, advising on all aspects of cluster housing operation, including day-to-day operational issues, collection and lien foreclosures, turnover of control and election issues. Chapnick graduated from the University of Maryland at College Park where he earned a Bachelor of Arts in Government and Politics. He attended the Detroit College of Law where he earned his Juris Doctor, cum laude. He teaches continuing education courses to Florida Community Association Managers, conducts board member certification courses, and speaks on various topics including construction defects, real estate and condominium disputes, white collar criminal law, covenant enforcement, and occupancy screening issues.          Joel Kenwood is Board Certified by the Florida Bar in Civil Trial Law and Business Litigation Law. He is also Certified as a Circuit Court Civil Mediator by the Florida Supreme Court. His practice includes business related litigation involving real estate, construction defects, corporate disputes and general commercial litigation law. He also handles matters involving personal injury. He is a past President of the South Palm Beach County Bar Association. He received his undergraduate degree from Stanford University in Stanford, California. He attended the Fletcher School of Law and Diplomacy at Tufts University and received his Juris Doctor from The American University College of Law in Washington, D.C.         Angela Prudenti concentrates her practice in commercial litigation. Prior to joining Sachs Sax Caplan, Prudenti was Chief of the White Collar Crime Unit at the Palm Beach County State Attorney’s Office in West Palm Beach. She also previously held the position of senior trial attorney in the Homicide/Crimes against Children Unit at the State Attorney’s Office. She received her Bachelor of Arts at The American University in Washington, D.C., and her Juris Doctor from Temple University.          ...

          Sachs Sax Caplan participated in the PM-Expo at the South Florida Fairgrounds on March 10, 2021. This was one of the first in-person trade shows since the Covid-19 pandemic took over the globe. It was great to get out and see our property managers, community association boards and homeowners association boards. Attorneys Steven Rappaport and Michael Chapnick led a Condo/HOA Board Certification class to discuss relevant governing documents and amendments, elections, reserves, official records and how associations should operate during Covid-19. Those in attendance received a certificate of completion. Later in the day, Attorney Steven Rappaport delivered a Legal Update on new and updated legislation and its effects. Being in-person (safely) has its perks, and we were glad we could connect with current and potential clients at the expo. Looking forward to the next events whether they are virtual or in-person.