Sachs Sax Caplan Partners with JARC FL to Create Shredding Department in JARC's Community Works Program

Shred It & Forget It:The Story Behind the New Program That Helps Put Individuals with Disabilities Back to Work   When Sachs Sax Caplan decided to go digital in mid 2021, we knew we would first need to safely dispose of all print materials. The safest way to do so?Shredding. Lots of it. Peter Sachs, attorney and founding partner at Sachs Sax Caplan, also knew about the growing need for employment for individuals with intellectual and developmental disabilities. JARC Florida, a non-profit in Boca Raton that provides residential homes as well as programs and services to educate and empower adults with intellectual and developmental disabilities provided us just the assistance we needed. Sachs presented the idea to JARC Florida: How about we create a shredding department within the Community Works program at JARC. JARC’s Community Works program, which has been around for over six years, provides vocational training opportunities for its clients so they can learn skills, receive paychecks and feel prideful about having a job. Many of those clients then go out into the community to find employment locally.  After a trial period in the Fall, where JARC clients learned how to properly shred paper documents, including removing staples, stacking and pushing through the shredding machine – avoiding back-ups, JARC Florida was ready to launch this new service to the masses. Their first client? Sachs Sax Caplan law firm of course.  Now the “Shred it and Forget It” Service is available at JARC. To date, JARC has shredded more than 4,000 lbs. of documents. How can you get involved? Drop your documents off at JARC for confidential shredding services at 75 cents per pound. JARC is also seeking out more businesses to join the organization’s Community Works Program. 

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What to Consider Before Buying a Home in South Florida

As a land use lawyer, I'm the one who usually deals with the tough stuff after the purchase of a property, the kind of real estate law that people who aren’t in the business really do not need to know unless it happens to them. But I want to discuss something else with you – let’s talk about how it is that you find and relocate your family to Florida ---without having to see someone like me later. And, trust me, it would be great to not have to see me. If you're relocating to South Florida, probably the first thing on your mind is a house for you and your family. And of course, the name, Boca Raton comes to mind. But you'll soon find out that just like where you came from, you're relocating to a region, and that region is probably somewhere between Fort Lauderdale and West Palm Beach. And there are all sorts of little neighborhoods, and all sorts of little niches to consider for your family home. If you have children, the first thing you're going to be thinking about, of course, is schools – and you'll take your own deep dive into that. However, if you're a couple, the first thing you're probably thinking about is amenities – country clubs, golf courses, tennis, etc. Or if you’re more prone to go out and about as your leisure time activity, you may be thinking about the small towns that are dotted along the ocean, the towns that provide for walking streets, restaurants, and nightlife. In any case, once you have narrowed it down and you determine what it is that you want, you're going to be in the South Florida System for buying a house. What is that the South Florida System? Initially, you're going to see is a lot of pretty pictures and a lot of broad smiles. But let’s go beyond that. As I've said, the unfortunate thing is, you might see a person like me if you don't make the right choices. So, let's talk about some of those things that are going...

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Partner at Sachs Sax Caplan, Daniel A. Kaskel, Named 2022 Daily Business Review Legal Awards Honoree

Partner at Sachs Sax Caplan, Daniel A. Kaskel, Named 2022 Daily Business Review Legal Awards Honoree

The Daily Business Review has announced its 2022 Legal Awards Honorees and Sachs Sax Caplan Partner Daniel A. Kaskel was among those who received the prestigious award. The Daily Business Review hosts their annual Professional Excellence Awards to recognize distinguished members of the Florida legal community in assorted areas of the law. Mr. Kaskel is being recognized in the Real Estate Transactions Category. Daniel Kaskel is the Chair of the firm’s Real Estate, Corporate, Land Use & Financial Services Group and a member of the Community Associations Practice Group. Mr. Kaskel is among Florida’s handful of double Board Certified attorneys by the Florida Bar, holding certifications in Real Estate Law and Condominium & Planned Development Law. Dan Kaskel practices in the areas of real estate acquisition and development, real estate financing, condominium and homeowner association formation and operation, real estate and commercial lending, retail and office leasing, zoning issues and title insurance matters. He has represented real estate developers and investors in virtually all phases of project financing and development throughout the United States, including bulk acquisition of condominium units, management of distressed properties, development/acquisition/ financing of mixed used communities, shopping centers, residential high rise projects, office parks, assisted living facilities, single family home communities, multi-tiered condominium and townhome communities. He has assisted clients in creating planned unit developments, master property owners associations, and community development districts. He has also represented clients in the structuring and formation of corporate entities and joint venture arrangements. Mr. Kaskel has significant experience in representing borrowers and lenders in connection with commercial loan transactions, including loan work-outs and restructuring. Loans have including construction financing, acquisition and development loans, bridge financing, permanent financing and mezzanine financing. Additionally, he has represented regional and national landlords and tenants in drafting, negotiating and modifying commercial leases throughout the United States. Mr. Kaskel frequently represents out-of-state and foreign purchasers and borrowers in connection with Florida transactions and title insurance matters. Mr. Kaskel has represented national telecommunication carriers, property owners and municipalities in connection with drafting and negotiating telecommunications leases and counseling on zoning matters relating to telecommunication uses. Previously, Mr....

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How to Handle the Stress of Being an HOA Board Member

It has never been more challenging to be a board member in a condominium or homeowners association than it is at this time. Association board members in this voluntary position are being interacted by Association Members everywhere they go. In the hallway, at the pool, in the elevator, and everywhere else in the community, they’re being asked board questions and association questions by unit owners - possibly whom they’ve never even met. Aside from the usual worrying about maintenance, assessments and other items, we are now dealing with a pandemic as well - a pandemic that has created a plethora of new issues that we weren’t necessarily expecting. Covid-19 has created a situation where owners are spending more time in their homes, which means more time reviewing their property and its structure. Furthermore, homeowners’ association meetings are now often conducted on Zoom. Therefore, people who otherwise may have rarely shown up and been involved are regularly dropping in live from the comfort of their living room. As an Association attorney, I have clients come to me because newly interested owners are challenging them and their board members. They're challenging the appearance of their community. They're challenging the assessments they're paying, and they're challenging their rights, which sometimes have to be taken away for health, safety and welfare purposes. How do we meet those challenges? How do board members overcome them, or live with him? As Association board members, you have to understand now more than ever, that you are board members when you interact at a meeting with other board members. When you’re walking around the halls or when you are at the pool, you are not a board member. You are not conducting board business, therefore you don't have an obligation to respond to these questions. Now, I know that is not a great answer, because unit owners expect answers. So, one of the things I instruct our board members to do is to tell any and all unit owners, “That’s a very important concern, please put it in writing, submit it to our property manager, and we'll take it...

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The Surprise Side Effect of COVID: Community Associations Getting Things Done

The Surprise Side Effect of COVID
Weber Daniel

As a Community Association attorney, one of the unintended benefits that we've seen through COVID is the ability for people to participate in their community associations remotely. Typically, one of the impediments that community associations have historically faced is apathy. There are always those folks who don't show up, therefore you can't get anything done simply due to a lack of participation. However, through COVID, once everything went remote, including association operations, people started to participate more, which allowed for the opportunity for associations to start proposing a number of important things that could realistically get passed. One of the mechanisms we've seen an uptick in is the use electronic voting resolutions to allow people to participate and vote in an electronic fashion. Again, this removes some of the apathy because there's no longer the need to show up at a meeting at a certain time to cast a vote. People can do it at their leisure in advance. Overall, as community association lawyers, we've found that participation as a whole through COVID, and now turning the corner post COVID, has seen a significant uptick and is finally allowing associations to actually get meaningful work done that before this, they just simply were unable to do. Having Trouble Engaging Homeowners in Your Community Association? Check out these helpful tips from community association management giant, GrandManors:   1. Welcome New Homeowners. A welcome package from the community association should include a letter of welcome that you or another HOA board member has signed, information about how they can get involved in the HOA, and a small gift. The gift should have a connection to your community, such as a gift card to a nearby coffee shop, a refrigerator magnet with key community information, or a coffee mug with the HOA logo.   2. Organize Social Events. Consistently, studies have shown most Americans don't know their neighbors. Your homeowners have more motivation to get involved if they're at least acquainted with their neighbors. Your association can foster social connections by hosting at least one community-wide social event each year. Some associations throw a holiday party or a summer picnic....

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How to Enforce a Penalty for HOA Violations

brian

As community association attorneys, one of the problems we face quite often with our association clients is how to prevent violations of the governing documents and rules of the communities. How do we prevent the homeowner from painting their house pink? How do we prevent people from hanging towels outside on the common element rails and doing other things that really are violations of the rules and regulations and the governing documents? And what a lot of board members and managers don't realize is that associations are sort of mini-democracies. What does that mean, exactly? There's a certain level of “due process” that associations must follow if they're going to fine somebody or if they're going to suspend somebody’s right to use the pool, or their right to use the tennis court. And one of the things that's common among both the Condominium Act and the Homeowners Association Act, is the fact that an association must establish a committee of non-board member owners who will hear complaints that the board has imposed regarding violations of the governing documents. This group serves as an independent body that decides whether they're going to uphold or approve the board's actions and decisions in relation to imposing fines and suspensions. Furthermore, both Acts require that the owner who was in violation and subject to a board-levied fine or suspension be provided with at least 14 days’ notice as well as the opportunity to be heard before this committee to present their case. This gives the person in violation a chance to present their opinion and present their evidence of why they think that the fine and the suspension should not be imposed. Only then, when it's all said and done, can the committee ultimately decide whether to approve or reject the fine or suspension. What we often face as association lawyers are situations where perhaps that procedure wasn't followed, where a board or managers just decided that this person violated the governing documents, and the violating party all of a sudden has a $1,000 fine on their account. When they come to us to try...

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