Issuu

central florida times

CAICF.ORG | 2ND QUARTER 2021

ASPHALT

2ND QUARTER 2021

CONTACT INFORMATION P.O. Box 941125 Maitland, FL 32794 www.caicf.org exdir@caicf.org 407-913-3777

2021 BOARD OF DIRECTORS Frank Ruggieri, Esq., President Jarad Pizzuti, Vice President Chuck Strode, CAM, President-Elect Jessica Cox, Secretary Leslie Ellis, CPA, MSA, CGMA, Treasurer Matt Vice, Past-President Tracy Durham, CMCA, AMS, CFCAM, PCAM Donna Lendvay

A Message from the President When it came time to draft the President's Message for our Newsletter, the choice of subject matter was simple: I had to write about the condominium collapse in Sunrise, Florida that has dominated recent headlines for good reason. The more difficult decision was exactly what to write. The tragic loss of life and immeasurable impact on friends and families is difficult to do justice in words. The more I contemplated the message, it became more apparent that I should really address two aspects of this tragedy in this President's Message. First, the need to find an answer for those who have suffered direct loss both short-term and long-term, and the reminder of the role our Community Association Board Members serve in so many life changing issues that impact our world. An article I read referenced a study at Florida International University concerning "concrete cancer" and the structural settlement of waterfront properties in southeast Florida. The phenomenon apparently involves the compromise of concrete through gradual exposure to saltwater in this area of our state. FIU has been studying the gradual settlement of waterfront structures and concrete cancer as a potential explanation. At the very least, we owe those directly affected with our unwavering commitment to find an explanation for how this tragedy occurred in addition to a long-term solution to prevent it from ever happening again. I was reminded of the building code changes in Florida which took place after Hurricane Andrew. Perhaps a similar seachange will take place once the investigation into this tragedy is complete. I read a second article that referenced red flags being waived by the Condominium’s Board President. He has apparently been doing so regarding the indicators he had seen in recent years at the condominium. Our Board Members serve a critical role as they are oftentimes on the front lines of life-changing issues that reveal themselves, whether it be the mortgage foreclosure crisis, coronavirus, or a tragic structural collapse of an entire condominium building. We owe them a significant debt of gratitude for their willingness to volunteer their time without compensation, driven only by the commitment to protect and serve their communities as best they can. I know that you will all keep those directly affected by this tragedy in your thoughts and prayers during this holiday weekend. Sincerely,

Lynne Sadowski Robert L. Taylor, Esq.

Frank

Tom Wheir

Frank A. Ruggieri, Esq., The Ruggieri Law Firm 2021 President, CAI Central Florida Chapter

2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

FROM THE CED

Chapter Awards & Upcoming Events BY REINI MARSH, CHAPTER EXECUTIVE DIRECTOR

In May, we received great news! The Central Florida Chapter has been selected by CAI National to receive some Chapter Achievement and Excellence Awards, including the Achievement Award for our Meet the Managers submission in the Membership category! Additionally, our chapter has been selected to receive the Best Net Growth Award (6.2%) and the Best Net Retention Award (86.65%) for a large chapter. Awards will be presented at the General Session of the CAI Annual Conference & Exposition on Friday, August 20th at 11am. For more details on the conference, see page 8.

Coming up on September 22nd, we are excited to host our chapter's first-ever bowling tournament and lanes are selling fast. Check out all the details of this family-friendly event on the website and see pages 6 and 37 for more information. And, don't forget to sign up for the Annual Golf Tournament on October 22nd! The event will take place at Falcon's Fire Golf Course in Orlando with an 8:30am Shotgun start. Sponsorships and spots to golf are selling fast, so don't delay! Tee Sponsors are already SOLD OUT! See page 3 for more information.

Education Workshops

he Community Connections Workshop Series is hosted in partnership by Orange County Neighborhood Services Division and the City of Orlando Office of Communications & Neighborhood Relations. The workshops are free to all Orange County residents no matter what municipality you reside. For a list of upcoming Community Connections workshops through November 2021, click here. City and County Funding Sources for Neighborhood Saturday, July 10th from 9am-10:30am Learn how to take simple ideas and translate them into fundraising opportunities for your organization. Find out about neighborhood grants available from the City and County. You will also learn how to organize for grant writing and sponsorship requests. For those who are more experienced, come and share stories about your success. Click here for the July 10th workshop information and to register on Eventbrite. Strategies to Prevent Crime & Maintain Safety in your Neighborhood Saturday, August 14th from 9am-10:30am Are your home and neighborhood prepared for a natural or manmade disaster? This workshop will provide the basic guidelines and

C E N T R AL F L O R I D A T I M E S | 2 ND Q U A R TER 2 0 2 1

procedures necessary to help you and your neighborhood respond more appropriately in an emergency situation. Information about additional trainings will be available to take your knowledge to the next level. Click here for the August 14th workshop information and to register on Eventbrite. Multi-Generational Neighborhood Engagement Saturday, September 11th from 9am-10:30am Learn best practices on how to encourage different generations to engage in your organization including collaborative volunteering, personalized volunteer experiences and using the trends of each generation to be engaged in the neighborhood. Click here for the September 11th workshop information and to register on Eventbrite.

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2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

CHAPTER UPDATE

Calendar of Events More details regarding upcoming events will be posted to caicf.org under the “Events” tab. Check back regularly for the most up-to-date information. CAICF Board Meetings will be held before or after each of the Monthly Meetings. Please be sure to register for all events in advance, as we need an accurate head count for space and food purposes prior to the event. Thank you for your help! • July 15th: Meet the Managers at the Marriott Orlando Downtown from 2pm-6pm. This event is now Sold Out. • August 5th: Monthly Luncheon Meeting - Florida Legislative Action Committee with FL Lobbyist Travis Moore. Registration begins at 11:30am and the program begins at 12pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners will be a flat $30. SEATING IS LIMITED! Register ASAP. NO SHOWS AND CANCELLATIONS AFTER JULY 30TH AT 12PM WILL BE BILLED $30. Want to sponsor the August meeting? Click here for all the sponsorship details. Click here to register for the luncheon.

Dress code: Have fun with your toga but please be sure to wear something underneath the toga. Need to know how to tie a toga? Watch this video to learn more. Sponsorships are available for this event – more information on the event page. • October 7th: Monthly Luncheon Meeting - Architectural Control & Enforcement for HOAs presented by Becker. Registration begins at 11:30am and the program begins at 12pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners will be a flat $30. • October 22nd: 11th Annual Golf Tournament at Falcon's Fire with 8:30am Shotgun start. Tee Sponsors are SOLD OUT!

• September 2nd: Monthly Luncheon Meeting - Basic ADA Regulations as it Pertains to Parking Lots presented by DMI. Registration begins at 11:30am and the program begins at 12pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners will be a flat $30.

• November 4th: Monthly Luncheon Meeting - Developing a Successful Tree Plan presented by Cepra Landscape. Registration begins at 11:30am and the program begins at 12pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners will be a flat $30.

• September 22nd: Toga Bowling Tournament (FamilyFriendly Event) at 4pm at Boardwalk Bowl in Orlando. The cost is $200 per lane, which includes 4 bowlers + food and drink tickets. Not a bowler, but still want to join in the fun? Attend the event as a Cheerleader (non-bowler) for $35, which includes a food and drink ticket (limit of 4 cheerleaders per lane).

• December 2nd: Annual Meeting & Holiday Party – Lumber Jack & Jill at the Keg Social with bowling, ping pong, beer pong, arcades, ax throwing and more! More details to come soon. • January 6th: Monthly Meeting - Committees presented by Erik Whynot.

SPONSOR AN UPCOMING CHAPTER MEETING IN 2021! membership with the microphone to talk about your company. You will

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CONTACT REINI MARSH AT EXDIR@CAICF.ORG OR 407-913-7777 6

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2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

ANNUAL CONFERENCE

AI is proud to announce plans for the 2021 Annual Conference and Exposition: CommunityNOW, to be held in person August 18th–21st in Las Vegas. Preconference education courses will take place August 16th–17th. We are aware that these unprecedented times require us to reassess all aspects of planning and hosting events in order to ensure attendee safety. We have moved the conference from early May to mid-August, allowing more time to plan, address new health and safety protocols, and create an approach that complies with federal, state, and local regulations, while also allowing additional time for more extensive distribution of vaccines to the general population. In addition to a date change, the conference venue also has changed. We will continue to partner with Caesars Palace; however, hotel lodging will move across the street to Harrah's and The Linq, and conference activities will take place in the newly opened Caesars Forum—a 300,000-square-foot conference center adjacent to the hotels. We are confident the larger meeting space will offer a great attendee experience while still maintaining any social distancing requirements that are still in place come August.

and professional connections by meeting colleagues from around the world and building on their collective wisdom. The Annual Conference features plenty of opportunities to develop connections and expand your network with small-group interactions and large social events. Receptions, meetings, exchanges and ShopTalks offer a variety of venues for advancing ideas and cultivating the professional contacts that can be as critical to success as education and experience. Click here for more information on the conference and expo, and to register to attend.

REGISTRATION IS OPEN - SAVE BIG BY REGISTERING BEFORE JULY 20TH! Full conference registration includes: • All education sessions • All general sessions • Wednesday welcome reception (one ticket) • Thursday expo (one ticket) • Friday expo (one ticket) • Friday Backyard Bash and awards dinner (one ticket) MEMBERS: $620 early; $685 standard.

e know that you will have many questions in the coming weeks, W and we will do our best to make communication a top priority. We are working to create an event that is safe and meets the expectations of our members, exhibitors, sponsors, and staff. We appreciate your patience, grace, and flexibility as we move forward.

NONMEMBERS: $770 early; $810 standard.

WHO SHOULD ATTEND

HOMEOWNER MEMBERS: $460 early; $525 standard.

Through shared perspectives, experience and knowledge, a strong peer network is one of the best resources for creating community legacies. Shape your future success and strengthen your personal

ONE DAY ONLY REGISTRATION (Thursday OR Friday -- must be a member of CAI for one day rate): $510 early; $575 standard.

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3RD & ADDITIONAL REGISTRANTS (from the same firm / association. Discount applies only when registrations are submitted together -- members only): $570 early; $635 standard.

2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

ASPHALT

FLUID SPILL

It’s Nobody’s Fault, It’s ASPHALT!

BY CONNIE LORENZ, PRESIDENT, ASPHALT RESTORATION TECHNOLOGY SYSTEMS, INC.

hether a community is applying a surface treatment to their roadways, installing paver crosswalks, or having their roadways milled out and repaved, everyone is going to be affected. As a business owner, I was rarely concerned about how my team got our projects completed, I just worried about whether they were going to keep the schedule and then move onto the next one as scheduled. As an asphalt consultant, I now see things in a whole new light! I am always the first person on site and the last person off site when I am overseeing a paving project. This first and last on site has allowed me to meet the “early bird” residents that are either off to work or getting ready to get their day going. I have found over the years that having some coffee, maybe a few donuts and a smile will get me past the grumpiest of residents when an asphalt maintenance program is starting. This past week, I found myself working in the field with the crew as my lead guy injured himself to the point that he could not even sit up, let alone work with our team. I, of course, figured, not a problem, 10

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we got this! I had this wonderful vision of my 54-year-old body handling working side by side in the 95-degree heat with the crew, residents cooperating and being spectacular now that I was on site, and the project would be perfect in every way. After all, I am the boss. Perhaps my vision was not as clear as I anticipated. Once we were on site and set up for the job, we did not even get our machines rolling before a resident came out and informed us we were working out of order (we had to adjust our schedule because the city was performing work at a pump station – right where we supposed to start). When I gently explained the county, the pump station and the dilemma of them working in our starting area, he proceeded to become the judge and jury on the way my team was putting down our process, what was supposed to have been promised (it wasn’t) and basically every ache, pain and complaint about his neighbors, the board, the meteorologist on the news that morning, the mail person who doesn’t get out of their vehicle ... sigh!

Continued on page 12

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2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

ASPHALT Once we got the approval from this sidewalk supervisor, we were just starting to trim in the corners of the roadway to keep the lines nice and neat when, out of nowhere, a man and his motorized scooter came whipping out of somewhere trying to beat the machine; apparently, he overslept! My crew and I laughed for a second, thinking okay, we can now get this project rolling ... then came the fire trucks and ambulance! Since we often perform work in 55 and older communities, ambulances and fire trucks unfortunately are quite common. We always assure our clients that we can always fix the pavement, please take care of your residents. It is not unusual for a neighborhood to stress the importance of their project being perfect rather than the concern for their neighbor! Perhaps the resident in need was behind in their dues or maybe upset with this person at the last board meeting or better, did they like their unit better and stopping the fire trucks and ambulances might get them in there quicker! Who knows! It’s not their fault! It’s asphalt! Asphalt is 100% recyclable and if you mess it up, we can fix it! Do not get me wrong, no one is happy when the county comes in and does a locate and marks up our new asphalt within 24 hours of it being placed (and you did not even get to take pictures)! How about when the garbage trucks hydraulic line burst on your brand-new asphalt,

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so much so that you can stick a knife in it! Maybe it is the resident who decided to throw out paint in the garbage after their tenants moved out and after the community just had their roadways treated! Yes, those things might indeed be a problem! However, try to remember in today’s world, as we get back to our new normal, when it comes to asphalt maintenance, paving and surface treatments and the things that can happen, it is nobody’s fault, it's just ASPHALT! We got this!

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2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

LEGISLATION Editorial Credit: Vovidzha / Shutterstock.com

COVID-19 Specific Legislation & Its Impacts on Community Associations BY YELINE GOIN, ESQUIRE, BECKER & POLIAKOFF, P.A.

uring the 2021 Legislative Session, the Legislature adopted a number of COVID-19 specific legislation. There are two bills in particular that community associations should be familiar with.

CS/SB 72, RELATING TO CIVIL LIABILITY FOR DAMAGES RELATING TO COVID-19 This new law imposes significant legal hurdles for individuals who want to sue over coronavirus-related injuries or deaths. Plaintiffs who file suit will need to provide a physician's affidavit to establish the basis for the injury claim. They will also need to prove in court that a defendant did not make a good faith effort to comply with public health standards and to prove that a defendant committed gross negligence under a "clear and convincing" evidentiary standard. Florida condominiums, cooperatives and homeowners’ associations are classified as business entities protected by the new law. Boards who took steps to comply with local, state and federal guidelines should be able to rely upon this new law for protection. The law applies retroactively and prospectively but does not apply to lawsuits that have already been filed.

CS/CS/SB 2006, RELATING TO EMERGENCY MANAGEMENT This new law amends the State Emergency Management Act to 14

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address the threat posed by a pandemic or other public health emergencies. The new law vests the Governor with power to at any time invalidate an emergency order issued by a political subdivision if the Governor determines that such order unnecessarily restricts individual rights or liberties. The law is discretionary to the Governor “determining” what does and does not “unnecessarily restrict individual rights or liberties.” (Note that community associations are not “political subdivisions,” and therefore, this section of the law does not apply to community associations.) The new law also restricts a business entity, governmental entity, or educational institution from requiring proof of COVID-19 vaccination. Specifically, a “business entity” operating in this state, may not require patrons or customers to provide any documentation certifying COVID-19 vaccination or postinfection recovery to gain access to, entry upon, or service from the business operations in this state. This subsection does not otherwise restrict businesses from instituting screening protocols consistent with authoritative or controlling government-issued guidance to protect public health. The term “business entity” includes corporations not-for-profit, and therefore, includes community associations. However, there is a question as to whether the prohibition on “vaccine passports” applies to community associations and their residents, some arguing that they do not have patrons or customers.

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2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

ELECTRIC VEHICLES

Can Florida Condo Owners Install Electric Vehicle Charging Stations? BY JASON MARTELL, ESQUIRE, MARTELL & OZIM, P.A.

responsible for the cost of removal of the electronic vehicle charging station. The association may enforce payment of such costs pursuant to s. 718.116.

Effective July 1, 2018, Section 718.113(8) states, in part, as follows:

Florida Statutes requires condominium associations to permit installation of electronic vehicle charging stations in “limited common element” parking areas assigned to individual unit owners. Condominium associations are not required to permit installation of electronic vehicle charging stations in condominium common elements or other portions of the condominium property that are maintained for the use and benefit of all unit owners.

rotecting Florida’s environmental resources through conservation and promotion of clean energy is an absolute necessity. Section 718.113, Florida Statutes, provides that a condominium association may not prohibit a unit owner from installing an electronic vehicle charging station in a limited common element parking area assigned to a unit owner.

(8) The Legislature finds that the use of electric vehicles conserves and protects the state’s environmental resources, provides significant economic savings to drivers, and serves an important government interest. The participation of condominium associations is essential to the state’s efforts to conserve and protect the state’s environmental resources and provide economic savings to drivers. Therefore, the installation of an electric vehicle charging station shall be governed as follows: (a) A declaration of condominium or restrictive covenant may not prohibit or be enforced so as to prohibit any unit owner from installing an electric vehicle charging station within the boundaries of the unit owner’s limited common element parking area ... damage to the condominium property. (c) The electricity for the electric vehicle charging station must be separately metered and payable by the unit owner installing such charging station. (d) The unit owner who is installing an electric vehicle charging station is responsible for the costs of installation, operation, maintenance, and repair, including, but not limited to, hazard and liability insurance. The association may enforce payment of such costs pursuant to s. 718.116. (e) If the unit owner or his or her successor decides there is no longer a need for the electric vehicle charging station, such person is 16

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If parking spaces are “limited common elements” within the meaning of the condominium’s governing documents, then the condominium association must permit installation of electric vehicle charging stations subject to certain conditions. For example, the association should require the charging station to be located entirely within the boundaries of the unit owner’s limited common element parking area so that it does not interfere with any other unit owner’s use and enjoyment of the condominium common elements. Additionally, any unit who desires to install an electric vehicle charging station must pay all costs and expenses associated with the installation, operation, and maintenance of the charging station. Moreover, the condominium association should confirm that the unit owner operating an electric vehicle charging station to obtained adequate insurance to protect the condominium association from any liability that may arise out of, or relate to, the unit owner’s operation of the charging station. If your condominium association includes limited common element parking areas, it should consider adopting reasonable rules and regulations governing the installation of electric vehicle charging station in parking areas. Please contact Martell & Ozim, P.A. if your condominium association has any questions regarding electric vehicle charging stations or if you would like assistance adopting rules and regulations.

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experience between our 6 ISA Certified Arborists on staff. Our biologist has 13 years of agency experience and spent over two years providing commercial environmental consulting services. We currently employ over 60 tree care professionals, heavy equipment operators as well as our biologist and Commercial Applicator. Our scope of work includes tree removals, tree pruning, root pruning & control, palm pruning and planting, cabling and bracing, storm and emergency work, tree surveys, environmental consulting, tree health care services and site clearing and mowing. Enviro Tree Service prides itself in having the most specialized equipment and certifications to complete your job in a safe and efficient manner. Our land clear-

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2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

NEW CHAPTER MEMBERS

BUSINESS PARTNERS

United Claims Specialists Ms. Stephanie Saunders

Mr. Angel Alberto Alfonso Leland Management, Inc.

Vulcan Surfacing Ms. April Craven

Miss Morgan Skrabalak Leland Management, Inc.

Affordable Quality Painting Mr. Jordan Schiller

MANAGEMENT COMPANY

VOLUNTEER LEADERS

Burg Simpson Eldredge Hersh & Jardine Ms. Annika M. Mantius

Revolution Rental Management Mr. Todd Ortscheid

Mr. David Mueller Lake Ashton Homeowners Association

MANAGER MEMBERS

Mr. Kenneth Rickey Lake Ashton Homeowners Association

ABC Home and Commercial Services Mr. James Reingardt

Dririte Restoration Mr. Scott Wilcox Flotech Environmental, LLC Mr. Eli Gomez Frank Garcia Landscaping, Inc. Mr. Tom Enright Kodiak Property Maintenance Mr. Chris Rutter Munyan Painting Mr. Kris Clark

Ms. Jennifer Nicole Cashen Mr. Christopher Ersson Mrs. Julie Hamoud Ms. Jane Herbst Mrs. Debbie Sue Houdershelt Ms. Deanna Lynn Miller, CMCA Miss Zaimelyn Rodriguez

Mr. Ben Abiles Remington Master HOA, Inc Mr. Diego Benson-Valdes Remington Master HOA, Inc Mrs. Mickey Billitteri Remington Master HOA, Inc Mrs. Chassidy Bowles Remington Master HOA, Inc

Munyan Painting Mr. Jerry Kimball

Mrs. Keli A Schoening

Mr. Tim Mehrlich Remington Master HOA, Inc

Newman Certified Public Accountant PC Mr. Jeremy Newman

Mrs. Alessandra Sodeyama Etheredge Artemis Lifestyle Services, Inc.

Mr. Rendon Miller Remington Master HOA, Inc

Property Renovations & Construction, LLC Ms. Kim Rindge

Lori Sutherland Artemis Lifestyle Services, Inc.

Mr. Leo Murphy Remington Master HOA, Inc

SPEC Contractor Services, LLC Mr. John Domeier

Mr. Philemon Ward CCMC

Mrs. Dorothy Ogaz Remington Master HOA, Inc

Thomas Paint Inc Mr. Mark Thomas

Mr. Oscar Rivera Community Management Professionals

Mr. Matt Psarsky Remington Master HOA, Inc

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2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

RESERVE STUDIES

Component Method vs. Cash Flow Analysis BY NICK BRENNEMAN, RESERVE ADVISORS

he responsibilities of a community association are threefold: to serve as a business, a government and a community. As a business, the community needs a business plan for the maintenance and replacement of its assets. A professional reserve study is a continuous blueprint for the future of the community. Professional reserve studies have two parts: a physical analysis and a financial analysis. The physical analysis will identify the common elements, their useful lives, remaining useful lives, future replacement costs and times of future repairs and/or replacements. The financial analysis determines a minimum and stable level of funding to accommodate the future expenditures. As most Condominium Managers and experienced Board Members already know, the Florida Statutes require associations to establish reserves for capital expenditures and deferred maintenance including roofing, painting, paving and any other item for which the deferred maintenance expense or replacement cost exceeds $10,000. Knowing this, every association in Florida should have some money set aside for future expenditures. The question community association Boards have to ask is: Is it enough? If

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not, the association will likely face special assessments or worse – further deterioration of the property elements and higher overall eventual costs of replacements because the funds were not available and the Board waited too long to act. There are two primary methods used by professionals to conduct the financial analysis portion of a reserve study. Historically, State requirements have caused associations to use the Component Method which develops a funding plan using the sum of the contributions for individual reserve components. This required associations to segregate the funds and contributions for their individual reserve accounts (Roofs, Painting, Paving, etc.). However, the Florida Administrative Code allows associations to group their reserve assets together. This allows associations to use the cash flow or “pooled” method of funding reserves. The use of the Cash Flow Method typically results in lower overall reserve funding requirements than the Component Method. The following Continued on page 22

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RESERVE STUDIES example depicts the two methods of calculating reserve funding requirements.

between the two methods becomes more substantial. One recent association client saw a difference of more than $200,000 in their annual contribution by switching to pooled reserves.

COMPONENT METHOD The Physical and Financial Analysis are both shown in the table below. According to this component method or “straight-line” analysis, the required contribution for 2022 is $85,000.

CASH FLOW METHOD Physical Analysis:

Financial Analysis:

In the Cash Flow Method Financial Analysis, the “Anticipated Expenditures” (numbers in parentheses) are derived from the sum of all expenditures in any given year using the same data from the component method. In the Cash Flow Method, all reserves at the end of 2021 ($441,000) are pooled into one account (We’ll discuss how to do this later). Then, based on the required expenses and your starting point (current balance), the reserve contributions are adjusted for the next fiscal year. Note that the total 2022 Recommended Reserve Contribution for the same community is $75,000 using the cash flow method in this example. The savings is $10,000 in 2022 for this small community comprising only five reserve components. When we look at schedules with dozens of components, the difference 22

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A simple explanation of this difference is that the pooled method considers the flow of cash over time and most communities never, thankfully, have to complete every single reserve project in the same year. While one component is being replaced, others may have several years of serviceable life left. The component method never results in a year end reserve balance approaching a reasonable but sufficient threshold when multiple components exist. Only the cash flow method allows for this provision of considering the actual need for cash in a reasonable amount in one or more threshold funding years when cash reserves are at their lowest point. In the above example, 2026 is considered a Threshold Funding Year when the reserve balance reaches a critical low point of $68,000. Another benefit of the Cash Flow Method of Reserve Analysis is that it gives associations the flexibility to make minor adjustments to the plan without having to worry about funding shortfalls. Having an adequate threshold of reserves means that if one or more of the expenditures are slightly higher than anticipated (i.e. Increased paving costs due to accelerated inflation in petroleum products), the association has a cushion to use and can avoid having to special assess the owners or borrow money from another reserve account. Of course, the threshold or “cushion” has limits and any over-spending in one year will require a new cash flow analysis for the following year to ensure sufficient funds in every year of the funding plan. For those thinking pooled reserves are a “slush fund”, keep in mind that the funds in a pooled reserve are still restricted to the items in the “pool” and cannot be spent for other purposes without prior approval of the owners. In recent years, we have seen a trend of associations switching to pooled reserves due to the flexibility and lower funding requirements under the pooled method. However, moving any existing funds into a pooled reserve likely requires owner approval in advance so consult your attorney prior to making the switch. Regardless of the method of financial analysis that a Board chooses to use, the reserve study is an essential tool to fulfill their fiduciary responsibilities, protect current owners from unexpected special assessments and to send a positive signal to prospective buyers and their lenders. The professional reserve study will reduce claims of financial mismanagement because the Board sought the advice of an independent reserve study expert. Demonstration of sound fiscal management with a professional reserve study will provide the owners with a high comfort level that their investment in their property is being managed properly. An independent professional reserve study makes good business sense.

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LEGISLATION

Protection for Community Associations Under New Florida COVID-19 Liability Law BY TOBY SNIVELY, ESQUIRE, LAW OFFICES OF JOHN L. DI MASI, P.A.

ffective immediately under the first new Florida law enacted this legislative session (SB 72), community associations throughout the State should receive some protection from coronavirus lawsuits if they attempted to follow governmental guidelines to prevent the spread of COVID-19. Publicized as the most aggressive COVID-19 liability law in the United States, this legislation enacted March 29, 2021 imposes tougher legal requirements on individuals wanting to sue Florida business entities and various other organizations over COVID-19-related claims. The plain language of the law defines “business entities” to include corporations not-forprofit. As such, this indicates the legislation’s new-found protection extends to homeowners’ associations organized not-for-profit in accordance with Section 720.302(1) of the Florida Statutes as well as condominium associations organized not-for-profit in accordance with Section 718.111(1)(a) of the Florida Statutes. By implementing a “gross negligence” standard, which is a higher bar for a plaintiff to prove and has been defined by Florida courts as the type of conduct that a “reasonably prudent person knows will probably and most likely result in injury to another,” the law should make it more difficult for a plaintiff to prevail in a COVID-19-related 24

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lawsuit against a community association. And in fact, by requiring the plaintiff to (i) obtain a doctor’s affidavit that states with reasonable medical certainty that the association’s failure to follow guidelines caused the COVID-19 injury or death and include that affidavit when the lawsuit is filed; and (ii) requiring the plaintiff’s complaint to be plead with particularity, the law implements preliminary requirements that make it more difficult to even file a viable case. Before the lawsuit is allowed to proceed, the court will now review and determine as a matter of law whether the plaintiff complied with the above-referenced preliminary requirements. If the answer is “no,” the court must dismiss the lawsuit without prejudice. At this early stage, the court will also accept evidence and determine whether or not the community association made a good faith effort to substantially comply with government-issued health standards or guidance and, if so, the association is “immune from civil liability” and the proceeding should end. Interestingly, the new law places the burden of proof on the plaintiff to demonstrate that the association defendant did not make a good faith effort to comply. Also, recognizing Continued on page 26

2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

LEGISLATION association’s legal counsel, with cautiously re-opening common amenities as safely and smartly as possible. With summertime in Florida quickly approaching, this is an encouraging development for many owners eager to resume lounging in the community pool.

that local, state and federal guidance detailing how best to combat the virus have evolved and sometimes been in conflict during the pandemic, the new law should protect community associations that attempted to comply with any one of these “authoritative or controlling” sources of governmental guidance that existed at the time. However, if the court determines the association did not make a good faith effort, the lawsuit is allowed to proceed.

For associations with common amenities that are already open at this time, the law offers protection to those associations that took steps to substantially comply with governmental COVID-19 guidelines. This is achieved under the law by a provision that applies it retroactively so long as the lawsuit itself is filed after the law’s enactment -- even if the COVID-19 infection and alleged damages occurred before the law existed. Finally, the law concludes with an additional protection by reducing the amount of time that a plaintiff has to file a lawsuit, from four (4) years to one (1) year, commonly known as shortening the statute of limitations.

Toby Snively is a community association attorney

Under this legislation, community associations are still faced with liability for gross negligence if proven by the heightened evidentiary standard of “clear and convincing” evidence. For associations that closed their common amenities due to COVID-19 and have not yet re-opened, this law may offer the additional protection sought by those boards of directors to now proceed, in consultation with the

at the Law Offices of John L. Di Masi, P.A. His practice focuses on counseling and providing legal representation to HOA’s and condominium associations in Central Florida on a wide variety of issues. For more information, Toby can be reached at tsnively@orlando-law.com.

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HURRICANE SEASON

Hurricane & Emergency Preparedness BY KEVIN HALVERSON & JARAD PIZZUTI, SIHLE INSURANCE GROUP

Hurricane Season approaches, we always want to remind ourselves that preparation is key to securing your residences and more importantly your families. There are always certain items that need to be purchased or prepared in the days leading up to the storm, but the more you can do to prepare yourself and your community well in advance the less panic that comes with the news and hype of an impending catastrophic disaster. The number one theme of all emergency preparation within the community needs to be communication. Determining the best form of communication for all members of the community to ensure all direction and bulletins are received is critical and should be prepared well in advance to avoid leaving anyone “in the dark” as the storm approaches. As we discuss preparation an important part of every community’s plan should include having a complete understanding and comfortability with your insurance coverage. This should include reviewing your policies to understand what is covered and more importantly if there are any potential exclusions. During this review, having an understanding of your Hurricane Deductible and how it works is critical prior to a claim so that you are properly budgeted and avoid any unnecessary surprises. Additionally, you will want to understand when your policy renews and ensure that there is never a lapse in coverage during Hurricane Season. While having proper insurance coverage is important as we head 28

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into Hurricane Season, preparation to prevent or reduce claims will alleviate overall stress and frustration following the storm. Securing property and ensuring maintenance items are up to date can play a huge role in your preparation. All communities should take the necessary steps as far in advance of Hurricane Season as possible to clean and trim overgrown trees and shrubbery to avoid additional items that can cause damage or become projectiles during a catastrophic storm. As the storm is approaching each community should take the necessary precautions to secure common area property that could also turn into hazards during the storm such as hardscapes, pool and other furniture, sun sails or other wind sensitive items, and any other potential hazardous property. Lastly, each Board should understand their Emergency Board Rights to be able to make quick decisions on behalf of the community to ensure everyone’s safety. Each Board, with the help of their Property Manager, should also prepare a formal evacuation plan to provide each member of the community a comfort level with their fastest way to safety. All these decisions and plans again lend themselves to the number one rule that we began with which is communication within your communities and the residents. As Board Members, Property Managers, and Residents of various communities you will not be able to completely relieve yourself of the dangers of a catastrophic event, but being prepared with a thorough plan will ensure you and your family’s safety which is the most important thing to each of us as we head into Hurricane Season.

What’s Lurking Beneath the Surface in Your Community We handle claims on a contingent fee basis, advancing all fees and costs We have attorneys Board Certiﬁed in Construction Law by The Florida Bar We will partner with your current attorney for your association and solely handle the construction defect claim Do not let your claims expire! Call us at 407.455.5664 for a free inspection and report of any ﬁndings of construction defects

BOUTIQUE SERVICE | TOWERING CAPABILITIES Construction Legal Services | www.balljanik.com 2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

LAKE & POND

Why Proactive Annual Lake & Pond Management is Better for the Environment & Your Wallet BY MARC BELLAUD, AQUATIC BIOLOGIST, SOLITUDE LAKE MANAGEMENT

e have all heard the adages about being proactive: “The early bird gets the worm” and “Never do tomorrow what you can do today.” These principles apply to nearly every facet of life, whether it’s our job performance, healthcare, financial planning, or in this case, lake and pond management. It’s no secret that taking care of our environment is important, but it goes beyond that. Science suggests that the preservation of our water resources is a key factor in our health and happiness; memorable experiences and time spent around the water lead to a greater sense of peace and connection to the world around us.

before they manifest. When they do finally appear, it is generally a sign that the waterbody requires significant intervention.

• Disregarded plant matter and debris can clog and damage

• • •

Much like the human body, when a lake or pond is ‘young,’ it typically requires less effort and funds to keep it healthy and functional. But a lifetime of neglect can lead to premature aging and serious imbalances. Without ongoing management, waterbodies become inundated with organic matter, sediment, debris, and other pollutants that cause aesthetic, ecological, and functional problems. These can arise in a multitude of ways, including recurring water quality issues, nuisance weeds and algae, and foul odors—and even scarier issues may lurk unnoticed beneath the water for many years 30

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• •

stormwater equipment and increase the risk of dangerous flooding Harmful Algal Blooms can create toxins that may harm aquatic animals, pets, and humans Invasive plants like Phragmites can take years of dedicated treatments to successfully eradicate Invasive animal species like armored catfish, bufo toads, and quagga mussels can out-compete beneficial native species and pose significant challenges and costs to remove Shoreline instability can cause expedite lake and pond “aging” and endanger others The accumulation of muck and sediment over time can reduce depth and volume - with costly and invasive dredging oftentimes being the only solution Continued on page 32

Free Defect Inspection and Consultation Cost Estimation for Mediation Interim Repairs Waterproofing Sufficiency Of Settlement Analysis Destructive Testing Post Litigation Repairs

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LAKE & POND The number of tools necessary to restore an imbalanced lake or pond depends on many factors, and the benefits can be fleeting if not done consistently. That’s why year-round maintenance is key. To begin developing an annual management program, aquatic specialists conduct preliminary assessments that examine the biological, physical, and chemical properties of the water. Detailed visual inspections and baseline water quality tests provide valuable insights into the overall health of the waterbody and establish an important foundation of data to inform future management decisions. Once preliminary assessments are completed, a customized management program can be designed. The most effective programs lean on cutting-edge technologies, comprehensive data collection, routine laboratory analysis, and premium services like nutrient remediation, algae ID, biological augmentation, oxygenation, and erosion control solutions that help stakeholders achieve the trifecta of health, functionality, and beauty. And these solutions are underscored by the guidance and expertise of scientists who specialize in freshwater management.

until more advanced solutions come into the picture. Consulting with your lake and pond management professional can help you make the most appropriate decision for your property and your wallet. Lakes and ponds are an investment, but the upfront costs to kickstart your management program will help to reduce expenses that are often much larger and more concerning down the road. While every aquatic ecosystem has different needs, they all benefit most from comprehensive maintenance strategies supported by the most effective and sustainable technologies available to us. Like most other facets of life, when it comes to lake and pond management “an ounce of prevention is worth a pound of cure.”

Marc graduated from the University of Vermont with a degree in biological sciences and a concentration in natural resources. His knowledge and responsibilities as a field biologist quickly expanded, culminating in his promotion to SOLitude’s company leadership team in 2013. Marc has extensive experience designing and leading integrated aquatic plant management programs. He has authored dozens

Lakes and ponds exhibiting more mild issues or those with budgetary limitations can still be supported by the basics like periodic visual monitoring, nuisance vegetation control, buffer management, and decorative pond dye. These ongoing efforts help lay the groundwork

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Tell My Story

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hree years ago, Jason Reid (Co-Founder and Chairman of EmpireWorks Reconstruction and Painting) and his wife, the parents of four teens, went away for the weekend, only to experience the most harrowing moment for any parent: their youngest son, 14-year-old Ryan texted to say he was going to kill himself. Motivated by a note left by Ryan to “tell my story,” the grieving Southern California father embarks on a quest to understand what he could have done differently and the role that cell phone use and unfettered access to the internet may have played. In partnership with Cinema Libre Studios, Jason produced a special documentary called Tell My Story, a Father's Journey to Understand Teen Suicide. Jason’s quest begins with Mariangela Abeo, a Seattle-native whose photography project Faces of Fortitude profiles survivors of suicide.  Parents Bobbi and Ed Villareal, co-founders of Project 99, a Southern California non-profit that brings awareness about mental health and suicide prevention to high schools, share their experiences after losing their 16-year-old son Diego to suicide in 2015. They describe warning signs that they had missed, such as increased moodiness and pulling away from friends.   Flying to Seattle, Jason attends a group meeting with young suicide survivors who discuss the significance of social media, bullying, isolation, and what it feels like when depression spirals out of control. Jason then visits a wilderness camp in Nevada City, CA, where Collin Kartchner, with #SaveTheKids, warns teen campers

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(and parents) about the impact of unmonitored cell phone use and social media access. Peter Mayfield of the Gateway Mountain Center in Truckee, CA, shares the tenants of his program which helps kids develop a stronger sense of self through physical activity in the outdoors. Jason’s journey concludes at Didi Hirsch Mental Health Services in Los Angeles, which provides mental health services and operates the Suicide Crisis Line Center, part of the 1-800-273-TALK National Suicide Prevention Lifeline network which fielded over 1000 calls a week from teens (in 2019), with the youngest caller identifying as 8 years old. Finally, Jason speaks with Dr. Mark Goulston, PhD, a psychiatrist, and suicide prevention expert, who explains the chemical impact of constant stimulation and adrenaline on young people’s brains while sharing techniques to break through to uncommunicative teens. The film was released on PBS recently and is streaming free for a limited time on the WETA PBS station site: wellbeings.org/films/ tell-my-story. We hope this film will inspire families to ask the right questions and have the difficult but necessary conversations with the young people in their life, especially in today’s day and age, dealing with isolation, and loneliness. Please watch this movie. Please have the conversation with your kids. Jason also created a non-profit organization called chooselife.org, a suicide awareness and prevention website with a mission to end teen suicide by 2030.

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2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

PIPE LINING

The Better Way to Get Drains Back to Normal BY JEFF GRAFF, SPECIALIZED PIPE TECHNOLOGIES

low drains, leaks, and odors? Pipe lining is a proven alternative that’s faster, less expensive, and less invasive than pipe replacement.

Most people do not think much about the pipes in their walls and floors - until they have a problem. Slow drains, blockages, leaks, and foul odors can leave property owners and managers frustrated and unsure where to turn for help. As annoying as these issues are, waiting until it is an emergency will only make things worse… and potentially result in astronomical damages and repair costs. There is a better way to get drain systems working like new again – faster, with less hassle, no property damage, and far less expensive than pipe replacement. Those reoccurring blockages, gurgling drains, leaks, and sewer odors can often mean there is a real problem in your sewer system. After a camera inspection identifies the issue(s), sometimes all that is needed is a thorough cleaning. But, if the issues persist, it may be a cracked or corroded pipe or a misaligned joint where a more 36

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permanent solution is required. If that is the case, one option is to replace all the pipes by tearing out walls, ceilings, and landscaping -- and suffering with the dust, debris and headaches that go along with it. The alternative option is to line the existing pipes from the inside with a safe and proven technology that restores the flow and seals the pipe against leaks and roots. Sewer and drain pipes from 2” all the way up to 36” can be lined, both inside and outside the house or building. In almost all cases, pipe lining is less disruptive, less expensive, dramatically faster, and lasts just as long as conventional pipe replacement.

LESS DISRUPTIVE Pipe lining is less invasive and disruptive than pipe replacement. Pipe lining minimizes damage to floors, walls, and landscaping areas because the lining is inserted through existing cleanouts or other sewer access points. If a sewer pipe is under Continued on page 38

2ND QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

PIPE LINING labor costs down. Pipe lining typically costs half as much as pipe replacement.

FASTER Pipe lining saves considerable time compared to pipe replacement. Without the need to dig or spend excessive time repairing walls, floors, and ceilings, pipe lining is typically more time efficient than pipe replacement. And because lining solves the problem for the long-term, it reduces the chances of future leaks or blockages and reduces future inconvenience for you and your community.

LONG LASTING Pipe lining lasts just as long as new pipes. Pipe lining has been used worldwide for almost 50 years. Pipe lining technologies have a life expectancy of roughly 75 years, about the same as you would expect with conventional pipe replacement. You get the ease and speed that comes with pipe lining, without sacrificing longevity – and it costs less!

HERE’S HOW WE CREATE A “PIPE-WITHIN-A-PIPE”

concrete or pavement, there is no need to jackhammer it up since pipe lining technology slides right into the existing pipe.

LESS EXPENSIVE Pipe lining is more cost effective than pipe replacement. Rehabilitating sewer pipes using pipe lining typically costs far less than conventional pipe replacement, especially when renovation or repair costs associated with pipe replacement are factored in. Minimal exterior digging reduces clean-up costs and keeps overall

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Pipe lining works on all major types of drainage piping materials. First, blocked or corroded pipes are inspected by camera and then cleaned with one of several cleaning processes, depending on the problem. Then an epoxy saturated liner is pulled into place inside the existing pipe, through a cleanout or other existing access point. An internal rubber bladder is then inflated, pressing the epoxy coating against the pipe walls. Once the epoxy has cured, the bladder is deflated and removed, and the pipe lining process leaves you with a clean and seamless “pipe-within-a-pipe.” Pipe Lining: Faster. Less expensive. Less disruptive. Long lasting. Why choose any other way?

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Gala Committee Ken Zook Waterford Lakes ken.zook@mywaterfordlakes.org

Membership Committee Jason Martell Martell & Ozim jmartell@martellandozim.com

Golf Tournament Committee Scott Pollock Sentry Management spollock@sentrymgt.com Legislative Committee Tom Slaten Larsen and Associates tslaten@larsenandassociates.com

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Social Committee Tara Stone Your Private Adjustor tara@yourprivateadjuster.com Sunshine Foundation Committee Jennifer Agravat Asphalt Restoration Technology Systems jennifer.agravat@asphaltnews.com

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