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Condo Newz

Subcategories from this category: Condo Newz

 

The real property, trust and probate sections of the Florida Bar joined forces to form a task-force of lawyers specializing in condominium and HOA law in order to attempt to prevent events like the collapse of the 12-story Champlain Towers South beachfront condominium from happening in the future.  The task force recommendations included assignment of responsibility and scheduling of maintenance, extensive professional inspections and assurance that adequate reserves are put in place to make major safety repairs and other issues in a timely manner to preserve and correct construction defects and problems prior to serious injury and damage occuring.
 
The task-force's 179-page final report concluded that “The lack of uniform maintenance standards or protocols, and the unguided discretion given to boards of directors to determine when, how, and if life safety inspections should be performed, requires legislative intervention.”
 
The age of the Champlain Towers, the development which collapsed on June 24th, was 40 years old and found to be in need of major repairs which caused the collapse. The castatrophe led to officials and experts recommendations for effective protocol to ensure other aging structures are properly inspected and maintained to provide a safe living environment for the residents. The task force also noted that 912,376 Florida condo units housing more than 2 million people are at least 30 years old, including more than 105,000 older than 50 years and nearly 328,000 units were built between 40 and 50 years ago, thus calling out a need for the State Legislature to become involved to put in hard guidelines to protect the residence of these buildings.
 
The report also noted, Florida has more than 1.5 million condo units operated by 27,599 condo associations, and advised more indepth and delineated guidelines for management of all aspects that would ensure building and residents' safety.
 
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For over four months since the COVID-19 outbreak became predominant, condo owners have found themselves with a number of increasing challenges and dilemmas requiring solutions to deal with keeping their communities and the members safe from COVID-19.  Condo owners have had to increase their cooperation with their building co-owners and their governing board in order to keep their communities healthy while attempting to carry on as normal a life as possible and still maintain goodwill within the community. 

In normal daily life, condo owners have always had to abide by numerous echelons of law – local, state and federal – as well as having to follow the governing documents and rules that act as community “laws” from the boards of directors.  More recently with the persistence of COVID-19, condo owners and governing board members have found themselves in an awkward position in having to pose new questions and develop new rules and policies on how repairs should be made, and how to keep community living safer and the common areas disinfected and clean on a continual basis, and without exposing community members to workers. 

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AEI housing market indicators, June 2020

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Condo life has its many benefits. However, during the time of the COVID-19 pandemic, many challenges have presented themselves to both owners in condo regimes as well as the board members who need to develop policy to keep the community safe. With cramped elevators, tight hallway spaces and confined common areas, new policies and modes of conduct are being implemented every day and are required from community members themselves to stay safe.

The key question has arisen as to how to best keep “social distancing while using common areas in order to curb the spread of the virus.  The CDC has reported that the virus can be spread through coughing out viral droplets into small, populated spaces such as in an elevator or small lobby or community recreation room. But the virus may also be spread by touching common areas and then touching one’s face, eyes or nose with contaminated hands. Common use of elevator buttons and door handles mandate conscientious user hand-washing, sanitizing and prohibits face-touching after use of common utilities to stay safe. And governing boards must ensure complete, repetitive sanitization of the community area facilities themselves. This can be done professionally or by volunteer community members who wish to ensure a safe community environment.

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Breaking Condo Financing News: FOR RELEASE Wednesday August 14, 2019

 

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