New Reserve Mandatory Requirements for Condominiums and Cooperative Associations
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More than a year after the tragic collapse of the Champlain Towers South condominium building in Surfside, Florida, condominium and cooperative associations throughout Florida now face a host of new legal requirements and restrictions imposed by SB 4D, which was passed unanimously by the Florida Legislature and signed into law by Governor DeSantis ...
Part 2- August Series- INSPECTIONS - TRANSPARENCY
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Born from the tragedy of Surfside’s Champlain Towers South collapse is the passage of Senate Bill 4D that was signed into law by Governor DeSantis on May 26, 2022. For the first time, state law now mandates that condominium and cooperative buildings that are three (3) stories or higher must undergo milestone structural integrity inspections, must o...
New Building Inspection Requirements
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The proverb “time and tide wait for no man” may be true, particularly regarding the impact of the sunny, salty, and windy conditions on structures along Florida’s coasts.  However, a recent law requiring periodic inspections of buildings will help protect community associations and the millions of people who live in condominium units from the ...
Surfside Collapse Leads to Additional Scrutiny & Due Diligence from Mortgage Companies to Condominium Associations
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As we pointed out in an earlier column, one of the direct side effects of the tragic Champlain South Tower collapse was the additional scrutiny and due diligence that mortgage companies were going to apply before issuing mortgages in condominiums. At that time, Federal National Mortgage Association (“Fannie Mae”) issued Lender Letter (LL-2021-14), ...
Pending Legislation Regarding Tree Removal Affecting Community Associations
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With the 2022 legislative session ending on March 11, very few pending association-related bills were passed this year.  However, one very important bill relating to tree removal for community associations was passed through both houses and now awaits the governor’s signature.  This bill, if signed into law, will have a very adverse effec...
THE FEDERAL VS. FLORIDA VACCINE MANDATE TUG OF WAR
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The Occupational Safety and Health Administration (OSHA) released its rule on November 4, 2021, mandating employers with at least 100 employees to require all their employees to be vaccinated against COVID or to wear masks and get tested weekly for COVID. The federal rule provides exemptions based upon medical reasons or entitlement to an accommoda...
Wishing You a Very Happy 2022!
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From all of us at Sachs Sax Caplan, P.L., we want to wish you and your family a safe and very Happy New Year!
Performance and Payment Bonds
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The extra security can be worth its weight in gold Construction projects are often difficult. Many different considerations need to be reviewed by board members, which often result in complicated business negotiations. One crucial consideration for board members is the fact that you are using other people’s money for the project being contemplated ...
OSHA Issues Emergency Temporary Standard to Enhance Employee Protections From COVID
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On November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) aimed at protecting workers from coronavirus. OSHA indicates that this guidance will increase protections for more than 84 million private-sector workers. The ETS covers employers with 100 or more...
Is Taking Legal Action a Remedy to Criticism From Unit Owners?
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We often get phone calls from officers and board members of condominium and homeowners’ associations who feel they have been criticized unfairly by unit owners. Sometimes, they insist on taking legal action to put a stop to the most unfair or mean-spirited of the attacks. These calls are as varied as the condominium and homeowners’ associations in ...
New Laws Affecting HOA Rules and Regulations
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As you may be aware, several changes were made to both Chapters 720 and 718, Fla. Stats., in the 2021 legislative session. Among the many changes in Chapter 720, Fla. Stat. was the removal of Rules and Regulations from the definition of “Governing Documents.” Previously, “Governing Documents” were defined in the Homeowners Association Act to includ...
Broward County Building Inspection and Certification
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   Given the heightened awareness of issues pertaining to the structural integrity of Florida coastal and non-coastal buildings in the wake of the Surfside tragedy, it is important to understand the 40-year building certification process currently in force in Miami-Dade and Broward counties.    Both Miami-Dade and Broward Counti...
Remote Meetings for Associations
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     As we begin to move past the Covid-19 Pandemic, and all of the significant hurdles that community associations faced as a result, one of the silver linings is the nearly universal acceptance of technology to conduct regular business. Specifically, with respect to community associations, many associations had no choice but to lea...
Key Provisions in 2021 Legislation Affecting Community Associations
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        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 Legis...
New Executive Orders Suspend Local Emergency Orders on COVID-19
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            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 schedu...
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