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Blog
Why Condominium Boards Should Scrutinize Owners’ “Prescription Pets”
If there is one word that describes the reaction of board members asked to allow “comfort” or “emotional support” animals in communities that otherwise prohibit pets, it is probably, “Ugh!” This is not because association boards are unsympathetic to the needs of residents who have disabilities requiring the assistance comfort animals can provide; it is because it is often difficult to distinguish between the requests of owners who legitimately need pets, and those who simply want pets and will do almost anything – including claiming disabilities they don’t have – in order to keep them. Owners whose requests are denied often sue boards for failing to provide the “reasonable accommodations” federal and state fair housing laws require for residents with physical or mental disabilities. Fear of that litigation and its attendant costs has led many boards to “just say yes” to most comfort animal requests, assuming that judges and hearing
Property Insurance Claim Denied? Try, Try Again
MAY 29, 2018 by Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A.Article authored by: B. Michael Clark, Jr. and Susan C. Odess After Hurricane Irma made landfall in Florida last year, many property owners were surprised at how unfamiliar they were with the property insurance claim process — mainly because of Florida’s remarkable hurricane-free streak. However, the 2017 Atlantic hurricane season marked the end of that winning stretch, catapulting many Floridians who experienced property damage into insurance claim purgatory. By now, community associations, business owners and homeowners who filed a claim relating to Hurricane Irma damage should have heard back from their insurer as to whether their claim was denied, determined to be under the deductible or fully covered. For many policyholders, their insurer’s coverage decision came back as a disappointing slap in the face, leaving them as discouraged as they felt after receiving the pricey estimates
Protecting Your Florida Home: Tips for Snowbirds and Summer Travelers
Whether you are a snowbird heading north in order to avoid Florida’s brutal summer heat or a family getting ready to travel for the summer, there are ways you will want to safeguard your residence before taking off. Florida’s near-tropical summer climate makes humidity control, flood protection and mold and mildew prevention three areas of concern for every absentee homeowner – whether you are gone for the season or just a month or two. If you are a part-time Floridian or a hardcore summer traveler, here are some important home closing procedures to help you protect your property. Monitor Your Electricity and Water Bills for Unusual Variances Monitor your usage while you are away and check for any unusual changes in energy usage. For example, a variance in your electric bill could indicate an appliance or A/C malfunction. Humidity Summer in Florida means oppressive heat and very high levels of
Residents May Be Able to Recover Special Assessments Levied Post-Storm
Last year, after Hurricane Irma came and went, many Community Associations were looking at cleanup and repair costs that exceeded their expectations – and budgets. How do Associations pay for storm damages and repair bills when they come due? There are basically three ways to pay these bills: Borrow from the bank, raise the regular assessments in the coming years’ budget, or levy special assessments. Most Associations don’t want to pay bank interest unless necessary, and they also don’t want to raise regular assessments that much from year to year, so the most frequently chosen method used to fund these unforeseen expenses is through levying special assessments. Post 2005 (Hurricane Wilma), the Florida State Legislature enacted broad emergency powers for Community Association boards to use after hurricanes to address these types of issues. For Condominium Associations, it is Section 718.1256, Florida Statutes; and for Homeowners Associations, it is Section 720.316,
Emergency Planning for Community Associations
Start Planning for a Disaster Now Consider this scenario: You are a board member for a Condominium Association that represents over 300 residents in a condominium complex consisting of two towers. In the early hours of a Thursday morning, you are awakened by a loud knocking at your door. You open it to find a frantic resident telling you that a building is aflame and the fire department has begun to evacuate people. You get dressed and go outside to see four units are actively burning and others significantly damaged. What are you going to do? As a board member, do you have a responsibility to take action? Do you know the plan? Disasters, natural or man-made, occur with alarming regularity. Disasters can occur without warning at any time of the day or night. There are many ways a disaster can detrimentally affect a community. Just like in the above