January 2019 Newsletter

V O L . 7 5 • J A N U A R Y
2 0 1 9 • W W W . B R O W A R D C O A L I T I O N . O R G
SOUTH FLORIDA'S PREMIER
COMMUNITY ASSOCIATION
LIFESTYLE PUBLICATION
C O N N E C T I O N
OUR NEXT MEETING
JANUARY 11, 2019 @ 11:00 AM
SUNRISE LAKES PHASE 4 | CLUBHOUSE
10102 SUNRISE LAKES BLVD
SUNRISE, FL 33322
RSVP BY JANUARY 04, 2019
MARYMACFIE333@GMAIL.COM
OR BY PHONE 954-336-3335
Happy New Year
What's Inside.
Excessive Levels of Radon
Gas Raise Legal, Insurance
Questions for Florida
Condo Association
Term Limits - Do prior
years of service count
toward eight year term
limit to serve on Board.
January Meeting
Hosted by: VendorSmart
Meeting Topic:
The Most Common Vendor Management
Mistakes Communities Make.
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The President's Message
January 2019
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
President - Toby Feuer
1st Vice- President - Luis Alicea
2nd Vice -President - Mary Molina-Macfie
Treasurer - Alex Leonardo
Secretary - Catherine Evanoff
Director - Jill Aronofsky
Director - Theresa Sortino
Director - John Perrini
Director - Ann Zucker
Director - Alison Kallman
Director - Joanne Sterner
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
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Dear Broward Coalition Members,
Happy New Year!!! Welcome to 2019. We
hope that you had a wonderful Holiday
Season.
Building our membership will be one of our
main goals for the Broward Coalition
in 2019. For over 35 years, the Coalition,
which is made up of Condominiums and
Homeowner Associations has been your voice
in Broward County. Our objectives are to
ensure that WE are a
strong voice in promoting and protecting
owners in Florida’s governmental and
legislative
activities, and to build a STRONG NETWORK
of people to be called, as ONE VOICE, when
action is needed.
GET INVOLVED! HAVE YOUR SAY! MAKE A
DIFFERENCE!
Our meetings provide information, education,
and leadership. Our network of members,
include Board and Committee Members,
Dedicated Residents, Distinguished Law
Firms,
Insurance Representatives, Management
Companies, Service Providers and
Contractors.
Our special speakers provide knowledge that
can benefit the membership and the needs
of your community.
LOOK FOR OUR MEMBERSHIP FORMS AND
RENEWAL INVOICES.
(special incentives available)
LOOKING FORWARD TO SEEING YOU AT
OUR NEXT MEETING IN JANUARY
Warmest Regards,
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Toby Feuer
President

Do prior years
of service count
towards eight year
term limit to serve
on board
Since the new laws became effective in July 2018, many people have asked whether the years of consecutive service
by a board member before the new term limits were instituted count toward the term limits imposed by the new law.
In other words, are the term limits of eight years retroactive?
In 2017, the legislature, modified Florida Statute 718.112(2)
(d)2 to limit any board member serving staggered terms of
two years to a maximum of four consecutive 2 year terms
unless approved by an affirmative vote of two thirds of
the total voting interests of the Association or unless there
is not enough eligible candidates to fill the vacancies on
the board at the time of the vacancy. Of course, the clarification
was needed as the original limitation in 2017 was
only as to two year terms and not one year terms. Any
board member serving a one year term was not subject to
any limitation and could serve for decades!
In 2018, the legislators clarified Florida Statute
718.112(2)(d)2, to state that Board members who
serve a one year term, are also limited to eight consecutive
years on the board unless approved by
an affirmative vote of two thirds of the total voting
interests of the Association or unless there are not enough
eligible candidates to fill the vacancies on the board at
the time of the vacancy.
The Department of Business and Professional regulation
(DBPR) issued an opinion in September, 2018
which clarifies this issue. In the case of Apollo
Condominium Association, Inc, the Association sought
an interpretation from the DBPR and they rendered
a Declaratory Statement. Historically, a new law is
not considered retroactive unless it sets forth certain
language which would indicate that the legislature
intended on the law being retroactive.
However, the DBPR took a different approach to
their analysis and determined that the language
in the new statute required that the historical time
spent by any board member on a board would be
considered in the next election. As such, the Board
members who have already served eight years or
more may run for the board, but if they do not fit the
exceptions set forth in the statute, then they cannot
serve on the board again until the next election.
The simple answer is that if the board member
served more than eight consecutive years already,
then the only way that the member can serve on
the next board would be if the board member running
is approved by an affirmative vote of two thirds
of the total voting interests of the Association or
there was not enough eligible candidates to fill the
vacancies on the board at the time of the vacancy.
Otherwise, the Board Member must vacate their
position, wait and run again the following year
to reset clock.
Rhonda Hollander, Esq. is the senior partner at the law firm of Hollander, Goode & Lopez, PA
which is a full service community association law firm.
The Firm is located at 314 South Federal Highway, Dania Beach, FL 33004.
If you wish to contact the Firm to inquire about representation or it’s upcoming Association classes,
please contact them by telephone at 954-523-3888 or by email at Contact@HGL-Law.com.
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Comprehensive technical support packages
Automatic technology upgrades
Independence from third parties and hidden costs
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Exemplary customer service
4

WWW.BROWARDCOALITION.ORG
CONNECTION
Digital Newsletter Advertising Pricing Guide
Full Digital Run (12 Insertions)
Digital Pricing (Not Printed)
Full Page $300.00
1/2 Page $200.00
1/4 Page $100.00
1/8 Page $50.00
Advertising Sizes
7.5" x 10"
7.5" x 5"
3.5" x 5"
3.5" x 2.5"
Ad Requirements
Photos from websites are not accepted.
Original photos, or camera-ready art only.
Please contact us at info@browardcoalition.org to place your ad today.

Excessive Levels of Radon Gas
Raise Legal, Insurance Questions
for Florida Condo Association
by Laura Manning-Hudson
A recent news report about excessive levels of radon
gas in a Florida condominium raises some interesting
questions about the proper response from a condominium
association and its insurance carriers on this issue.
The report, which appeared in late November in the
pages of the Venice Gondolier Sun, chronicled how the
owners of a unit at the South Preserve II of Waterside
Village Condominium were surprised to learn that tests
conducted at the behest of their tenants found excessive
levels of radon in their unit. The odorless and colorless
gas, which comes from the radioactive breakdown of naturally
occurring radium found in most Florida soils, rocks
and groundwater, is the second leading cause of lung cancer
overall and is the leading cause among non-smokers.
In Florida, one in five homes tested has elevated radon
levels above the limits set by the Environmental Protection
Agency, and the gas can be found in homes, schools, offices
and high-rise condominiums.
According to the newspaper’s article, the unit owners
sent the test results to their association, which hired a
different company to conduct its own tests that yielded
similar results. The radon levels in the residence were
more than five times the level considered safe by the EPA.
The owners obtained an estimate for $3,100 to mitigate
their unit, but per EPA rules the company would be
required to inform the neighbors of the mitigation process.
It also requested that the owners sign an “inadvertent collateral
mitigation form” stating the company would not be
held responsible for any environmental impacts on adjoining
units.
After consulting with the association’s attorney and
insurance carrier, the property manager told the owners
that because the radon levels existed within the boundaries
of their unit, it was the owners’ responsibility to mitigate.
The association agreed to allow the owners to conduct the
mitigation, but it also demanded that they first sign an
agreement making the owners liable for any radon infiltration
into other units caused by the process.
Needless to say, the attorney for the unit owners told
them that they would have to be crazy to sign such an
agreement. The owners believe that there are probably elevated
radon levels throughout the building, which would
make it the responsibility of the association to mitigate.
They have banded together with three other unit owners
who are also concerned about the issue and have requested
a meeting with the board of directors and property manager
to discuss the next steps.
For this and other Florida community associations,
the prospect of excessive levels of radon and related mitigation
procedures can present unexpected challenges with
the potential for legal and financial repercussions. Unlike
HOA communities with detached single-family homes, a
condominium association’s concern is the possibility that
the mitigation process could affect adjacent units.
Association boards of directors and property managers
that are contending with issues involving excessive radon
levels should consult with highly qualified and experienced
association legal counsel to assess the situation and
determine the most prudent course of action from a legal
liability standpoint. If the excessive levels are pervasive
throughout the property and not contained within a single
unit, associations will need to carefully consider any
response with the guidance and assistance of their insurance
carriers and attorneys.
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The Theatre at
Sunrise Lakes Phase 4
THE BRONX WANDERERS
January 6, 2019 7:00PM $23.00
TONY ORLANDO
January 12, 2019 9:00PM $23.00
RHYTHM AND JEWS
STARRING STEWIE STONE
January, 2019 8:00PM $20.00
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
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TOMMY MARA & THE CREST
January 26, 2019 8:00PM $20.00
Get Your Tickets Today!
The Theater at
Sunrise Lakes 4
10102 Sunrise Lakes Blvd.
Sunrise, Florida 33322

Hire a law firm
you can trust.
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
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Dedicated to the Representation of Community Associations
Free CEU Courses & Seminars for
Community Association Board Members & Licensed CAMs
The 11 th Annual ‘Ask the Attorneys’ FREE Seminar Series
DELRAY BEACH: Thurs., Jan. 10; 11am to 1pm: South County Civic Center, 16700 Jog Road
Lunch provided by:
SUNRISE: Tues., Jan. 22*; 6:45 to 8:30pm: Village Civic Center, 6800 Sunset Strip
WESTON: Tues., Feb. 5*; 6:45 to 8:30pm: Bonaventure Town Center Club, 16690 Saddle Club Road
FT. LAUDERDALE: Tues., Feb. 26*; 6:45 to 8:30pm: ArtServe, 1350 East Sunrise Blvd.
MARCH 2019: Dates, Times and Locations to be announced. Visit KBRLegal.com for details.
BOCA RATON: Tues., Apr. 9*; 6:45 to 8:30pm: Sugar Sands Park, 300 South Military Trail
Led by ROBERT L. KAYE, Esq. and MICHAEL S. BENDER, Esq.
Bring questions or topics for discussion with you. *Refreshments Served.
RSVP to KBRLegalSeminar@piersongrant.com or call 954-776-1999, ext. 242
BROWARD COUNTY
1200 Park Central Blvd. South, Pompano Beach
RSVP required: seminars@KBRLegal.com or 954.928.0680
Condominium and Cooperative Association
Board Member Certification Course
Provider #: 0005092 • Condo Course #: 9626451 • Co-op Course #: 9627380
Tuesday, January 29, 2019 • 6:30 p.m. to 8:30 p.m.
Two (2) IFM or ELE Credits are provided.
“Ask the Experts” on WWNN 1470 AM and on 93.5 FM
Join Robert Kaye and Michael Bender on the
first Thursday of each month,
from 5 p.m. 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.
PALM BEACH COUNTY
9121 North Military Trail, Suite 200, Palm Beach Gardens
RSVP required: trisha@KBRLegal.com or 561.241.4462
Condo Association Board Member Certification Course
Provider #: 0005092 • Course #: 9626451
Wednesday, January 9, 2019 • 6:00 p.m. to 8:30 p.m.
Two (2) IFM or ELE Credits are provided.
Homeowners’ Assoc. Board Member Certification Course
Provider #: 0005092 • Course #: 9626451
Wednesday, January 16, 2019 • 6:00 p.m. to 8:30 p.m.
Two (2) IFM or ELE Credits are provided.
2019 Legal Update
Provider #: 0005092 • Course #: 9629127
Wednesday, January 23, 2019 • 6:00 p.m. - 8:30 p.m.
Two (2) Legal Update (LU) Credits are provided.
Broward Office: 1200 Park Central South Blvd. | 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.
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