November 2017 Newsletter

V O L . 6 3 • N O V E M B E R 2 0 1 7 • W W W . B R O W A R D C O A L I T I O N . O R G
C O N N E C T I O N
SOUTH FLORIDA'S PREMIER
COMMUNITY ASSOCIATION
LIFESTYLE PUBLICATION
OUR NEXT MEETING
NOVEMBER 10, 2017 @ 11:00 AM
SUNRISE LAKES PHASE 4 | CLUBHOUSE
10102 SUNRISE LAKES BLVD
SUNRISE, FL 33322
RSVP BY NOVEMBER 03, 2017
MARYMACFIE333@GMAIL.COM
OR BY PHONE 954-336-3335
Happy
Thanksgiving
What's Inside
After the Hurricane, Associations Should
Approach the Rebuilding Process with Care.
New Board Member Term Limits Law has
Significant Impact for Florida Condo Associations.
Floods and Flood Insurance: Don't be up the creek
without a paddle.
1

SOUTH FLORIDA’S
BIGGEST & BEST
CONDO &
HOA EXPO!
A MUST ATTEND FOR ALL
BOARD MEMBERS, PROPERTY MANAGERS,
CONDO & HOA DECISION MAKERS.
“Let’s go to the EXPO and
find some solutions.”
“We’ve got some
complex issues.”
Learn about the latest services from more than
340 exhibitors. Obtain CEU credits, attend
educational seminars, network with your peers
and get free advice from industry experts.
THE COOPERATOR
EXPO2017
WHERE BUILDINGS MEET SERVICES
FREE REGISTRTATION: FL-EXPO.COM
BROWARD COUNTY CONVENTION CENTER
2 TUESDAY, DECEMBER 5, 10:00-4:00

The President's Message
November 2017
C O N N E C T I O N
South Florida's Community Association
Publication serving Broward, Miami-Dade,
and Palm Beach Counties.
Board of Directors
1st Vice- President - Mary Molina-Macfie
2nd Vice -President - Toby Feuer
Treasurer - Carol Eskew
Secretary - Catherine Evanoff
Director - Jill Aronofsky
Director - James Franko
Director - Theresa Sortino
Director - John Perrini
Director - Ann Zucker
Marketing Manager - Luis Alicea
Legislative Liason
Michael S. Bender, Esq.
Kaye Bender Rembaum
Lisa Magill, Esq.
Kaye Bender Rembaum
Corporate Council
Steven J. Weinberg, Esq.
Frank, Weinberg and Black
23
Dear Broward Coalition Members,
On this holiday, we count our blessings
and renew our commitment to thanking
those that do so much for all of us. In the
recent months, we've been hit with several
natural disasters from Hurricane Harvey
in Texas, Hurricane Irma which affected us
directly, Hurricane Maria in Puerto Rico,
and the Wild Fires in California. Let's give
thanks to those First Responders, Troops,
and every engaged American who serves
their community, and other communities
across our great nation.
While trying to figure out what I was
going to write for this month's President's
message, I came across a quote from an
unknown author that reads “No one is
more cherished in this world than
someone who lightens the burden of
another.” So on this holiday season, let's
all become that cherished person for
someone. Let's spend some time caring for
the sick, a stranger, and or the
disadvantaged and recognize that every
individual is worthy of compassion and
care.
As we gather with our families, friends
and our communities --let us strive to help
others, promote tolerance, and
acceptance, and give thanks for the joy
and all the love that surrounds us.
Happy Thanksgiving!!!
3
Mary Molina-Macfie
1st Vice-President

After the Hurricane, Associations Should Approach
the Rebuilding Process with Care
BY JOSEPH ADAMS
Becker & Poliakoff
Four weeks after Hurricane Irma, most associations have likely
made progress in making temporary repairs to damaged communities.
This week’s column will focus on the various
issues that arise during the rebuilding process that occur after
the storm. Part of such process includes selecting the appropriate
contractor to perform the work and ensuring that the association’s interests
are adequately protected. Associations should be aware
of the following issues that arise during the rebuilding process.
Legal review of proposed contracts is critical. During prior
hurricanes, many associations rushed to sign simple contracts
provided by contractors without contacting their attorneys beforehand.
Often, these “simple” form contracts, only one or
two pages in length, can be a trap for associations. Such contracts
were likely prepared by an attorney representing the contractor,
and drafted to protect the contractor’s interest, rather
than the association’s interest. Further, attorneys for the association
should review any proposed construction contracts
before execution by the association, as many important issues
are often not addressed in these “simple” contracts, such as
indemnification, time of completion, scope of the work, price,
liquidated damages, bonding, and compliance with lien laws,
among other items.
Construction project-related disputes are common, particularly
when substantial repairs are necessary. Such agreements should
provide for both the informal resolution of discrepancies in the
field, as well as the formal resolution of disputes. Prevailing
parties should be made whole, which includes awarding attorneys’
fees incurred during the dispute resolution process.
Before any construction work begins, the association
should also contact its insurance carriers. Often, insurance policies
require that an insurance representative conduct inspections
prior to the start of construction.
Associations should ensure that only licensed and qualified
contractors are selected for the rebuilding project. General
contractors and many specialty contractors must be registered
with the state. It is possible to check a contractor’s licenses
and formal complaints via an online search. References should
also be checked as part of this process. Further, bonding should
be discussed with your design professional and counsel.
Contractors should also carry adequate insurance coverage. An
association would typically seek to be added as an additional
insured under any such policies. Both your insurance agent
and attorney should assist in ensuring that adequate insurance
protection exists for the association.
Design professionals such as architects or engineers should
be utilized during the rebuilding process, as they can serve as an
independent party to prepare or approve specifications, without
having a financial stake in developing such specifications. Taking
this step can help avoid disputes over specifications and the
scope of the repairs. Independently-prepared specifications are
also important when the repairs involved are to portions of preexisting
structures, or if the repairs involve compliance with
new codes.
Warranties should also be reviewed. Particularly, manufacturer’s
warranties are often of limited value. For instance, if a
warranty is only valid for so long as a contractor or applicant
is in business, such warranty is likely of no value should your
contractor go out of business.
In summary, the rebuilding process after the catastrophe of
a hurricane is an undertaking that requires careful consideration
by associations, with the assistance of various professionals
such as attorneys, insurance carriers, and design professionals.
As we have learned from prior hurricanes, associations should
not execute any contract before performing its due diligence
and ensuring that any agreement entered into contains adequate
legal protection for the association.
4

New Board Member
Term Limits Law
has Significant Impact for
Florida Condo Associations
by Michael E. Chapnick
Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A.
Among the major changes to Florida’s condominium laws in
2017 is a new provision mandating term limits for board members.
The new legislation marks a significant departure from the past
policies for most associations pertaining to the tenures of their
board members, and it only applies to condo associations and not
HOAs.
The newly codified law allows for board members to serve
two-year terms, if that is what is called for in their association’s
bylaws. However, a board member may not serve more than four
consecutive two-year terms. The only exemptions to this cap
would be granted to candidates who achieve a 2/3 super majority
of the total voting interests and to associations that do not have
enough eligible candidates to fill the board vacancies.
The Legislature does not appear to have intended this law to
apply retroactively. Therefore, board members who have been
serving consecutive two-year terms will not have to be immediately
concerned that they will be unable to run for board seats
going forward. Additionally, as the law only limits serving for
more than four consecutive two-year terms, those associations
whose directors only serve for one-year terms are unaffected by
the limitation.
For those affected associations, this new law may cause some
serious concerns. Some board members who have served for extended
numbers of years play vital roles as experienced providers
of steady leadership. They are uniquely aware of all of the
administrative and operational details of a community, including
its finances and long-term maintenance and construction issues.
However, the intentions behind the new law to generate new
leadership for condominium associations are worthwhile, as newly
minted board members often bring different perspectives and
skills to bear for associations that have not updated their policies
and practices for years. The term limits also help to curtail opportunities
for unscrupulous board members to develop schemes
over the course to years that put their own interests ahead of those
of the community.
Undoubtedly, the board member term limits law for Florida
condominium associations will have a significant impact for
many condo communities throughout the state. Condominium
associations would be well advised to consult with highly experienced
legal counsel regarding the ramifications of the new law
and how it will affect any term-limited candidates.
5

6

7

8

t
THE FABULONS
NOVEMBER 4, 2017
8:00 PM
STEVE MARCH TORME
& STEVE LAZARUS
NOVEMBER 11, 2017
8:00 PM
t
Get Your Tickets Today!
Low Price $8.00 - Including Coffee & Cake
Call: 954-748-3230 Ext. 1
Box Office Hours: Mon-Fri. 9:00am - 2:00pm
Wednesday Hours: 9:00am - 8:00pm
For More information
emai: marian@sunriselakesphase 4.org
9
The Theater at
Sunrise Lakes 4
10102 Sunrise Lakes Blvd.
Sunrise, Florida 33322

FLOODS AND FLOOD INSURANCE:
DON’T BE UP THE CREEK WITHOUT A PADDLE
Jeffrey A. Rembaum, Esq.
Kaye Bender Rembaum
As we, our neighbors, families,
and friends, here and in Puerto
Rico, are picking up the pieces
in the aftermath of Hurricane
Irma and Hurricane Maria, the
prospect of making claims on
our homeowner’s insurance
policies can seem overwhelming in
the face of the destruction caused
by these storms. Much of the
damage in our neighborhoods
are caused by strong winds,
including roof and fence damage. Wind related damages are
generally covered by your windstorm insurance policy. The
flooding from rainwater and storm surge is excluded from both
your general liability and windstorm policies likely because
flooding is the most common and costly natural catastrophe.
In Florida’s four southernmost counties — Monroe, Miami-
Dade, Broward, and Collier — more than 1.3 million homes
lie in high-risk flood areas, according to data from the National
Flood Insurance Program. Of these 1.3 million homes, more
than 861,000 of them do not have flood insurance! As for those
homes that are not in designated flood zones, the number of
homes having flood insurance are much worse. This is cause
for concern because, depending on the source, as little as 20-
25% up to more than 50% of flood events occur outside of
designated flood zones. Though your home and community
may be in a low-risk flood zone, there is never a no-risk flood
zone. Remember, even if you live inland, Florida is a peninsula
surrounded on three sides by water and is at sea level. Flooding
is always a risk.
The Federal Emergency Management Agency (FEMA) is the
governmental organization which designates flood zones and
creates flood maps for most parts of the United States. Whether
or not an area is a designated flood zone depends on numerous
factors, including elevation, average rainfall, and proximity to
waterbodies. Flood zones are organized into three categories:
high-risk, moderate-low risk, and undetermined. Although
some homeowners within certain flood zones are required to
obtain flood insurance in order
to obtain a federally insured
mortgage, most are not.
Because the purchase of flood
insurance policies is often not
required by the declarations of
covenants of many community
associations, many homeowners’
and community associations alike
opt not to purchase flood insurance
to lower the cost of
assessments. In low-risk and moderate-risk flood zone areas,
premiums can be several hundred dollars per year for homes,
depending on the value of the home and the contents covered
under the policy. In high-risk flood zone areas, annual premiums
can reach into the thousands.
While it is reported that most Floridians do not have flood insurance
coverage, Floridians actually account for a third of all
of the flood insurance policies nationwide. Without flood insurance
coverage, flood victims must rely on savings and other
assets to finance their recovery.
FEMA also administers the National Flood Insurance Program
(NFIP) which was created by the Federal government in 1968
to help control the growing cost of federal disaster relief. The
NFIP offers federally secured flood insurance to community
associations that adopt and enforce effective floodplain management
policies to help reduce future flood losses. You can
see if your community participates in the NFIP by visiting
NFIP’s Community Status Book online through FEMA’s website.
Is your community adequately covered in the event of a flood
event? Check with your association’s insurance agent regarding
flood insurance to find out more and remember this:
If you do not buy flood insurance for your home and your
community association does not have flood insurance for its
clubhouse and the like, then one day when you least expect it,
you too, could be all wet and up the creek without so much as
a paddle!
10

You’re only as
good as the
counsel you keep.
Legal Counsel to Community Associations Since 1977
Offices in Miami-Dade, Broward and Palm Beach
Main Office: Suntrust Plaza, 201 Alhambra Circle, Suite 1100, Coral Gables, FL 33134
800-737-1390 | www.srhl-law.com
11

PRESRT STD
US Postage
PAID
Ft. Lauderdale FL
Permit # 2505
PO Box 452874
Fort Lauderdale, FL
33345-2874
KayeBenderRembaum-BC-Nov17.qxp_Layout 1 9/29/17 10:55 AM Page 1
Dedicated to the Representation of Community Associations
Free­Certification­Courses­and­Seminars­for­
Community­Association­Board­Members­and­Licensed­CAMs
e­First­in­the­10th­Annual­Ask­the­Attorneys­FREE­Seminar­Series
Tues., Nov. 14 • 6:30 to 8:30 p.m. • Tamarac Community Center, 8601 W Commercial Blvd.
Led by ROBERT L. KAYE, Esq. and MICHAEL S. BENDER, Esq.
Bring questions or topics for discussion with you. RSVP to KBRLegalSeminar@piersongrant.com or call 954-776-1999, ext. 242
BROWARD­COUNTY
1200­Park­Central­Blvd.­South,­Pompano­Beach
RSVP­required:­seminars@KBRLegal.com­or­954.928.0680
­Condominium­Association­Board­Member­Certification­Course
Provider #: 0005092 • Course #: 9626451
Tuesday, November 7 • 6:30 to 8:30 p.m.
Two IFM or ELE Credits are provided.
Jumping­Into­the­Present:­Why­Updating­the­Governing­
Documents­of­­Your­Association­is­Critically­Important
Provider #: 0005092 • Course #: 9628058
Thursday, November 16 • 6:30 – 7:30 p.m.
One OPP or ELE Credit
PALM­BEACH­COUNTY
9121­North­Military­Trail,­Suite­200,­Palm­Beach­Gardens
RSVP­required:­trisha@KBRLegal.com­or­561.241.4462
­Homeowner­Association­Board­Member­Certification­Course
Provider #: 0005092 • Course #: 9627379
Wednesday, November 8 • 6:00 to 8:30 p.m.
Two IFM or ELE Credits are provided.
Condominium­Association­Board­Member­Certification­Course
Provider #: 0005092 • Course #: 9626451
Wednesday, November 15 • 6:00 to 8:30 p.m.
Two IFM or ELE Credits are provided.
“Ask­the­Experts”­on­WWNN­1470AM­and­93.5FM
Join Robert Kaye and Michael Bender on the firstThursday of each month from 5 to 6 p.m.
Call in with your pressing association law questions to 888.565.1470. Also available on KBRLegal.com, iHeart Radio, YouTube and U Stream.
Broward Office: 1200 Park Central Boulevard South | Pompano Beach, FL 33064 | 954.928.0680
Palm Beach Office: 9121 North Military Trail, Suite 200 | Palm Beach Gardens, FL 33410 | 561.241.4462
Info@KBRLegal.com KBRLegal.com
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
12