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2020 Hurricane Guide for Community Associations

Anticipating an active 2020 Atlantic hurricane season, the Florida Community Association Law Firm of Katzman Chandler today released its annual “Hurricane Preparedness and Recovery Guide for Community Associations” to help Florida communities protect their properties and safeguard community residents during what experts say will be a significantly more active storm season.

The Hurricane Preparedness and Recovery Guide for Community Associations entitled, “READY… SET… RECOVER” is immediately available for download online. Community Association Coalition Leaders throughout the State may also request and obtain printed copies of  “READY… SET… RECOVER” for distribution to their member Community Associations by contacting [email protected] or by calling Toll Free 800-987-6518.

The National Oceanic and Atmospheric Administration, (NOAA) on May 22, 2020 announced its prediction of an above-average hurricane season with 13 to 19 named storms and 6 to 10 hurricanes – with three to aix classified as “major” (Category 3, 4 or 5) hurricanes, with winds of 111 mph or greater. In 2005, the most active storm season in recorded history saw a total of 28 named storms, including 15 hurricanes – seven classified as “major,” including hurricanes Katrina and Wilma, which caused extensive property destruction and devastation to the livelihoods of millions of Floridians.  While a typical hurricane by itself is a formidable adversary, navigating both pre and post hurricane conditions during the COVID-19 pandemic may prove to be exponentially more complicated – making early and complete preparation more important than ever.

“Because insurance companies are in the money-making business and accordingly, are financially motivated to deny or underpay claims, it is vitally important that volunteer Boards obtain legal advice when both purchasing their coverage and filing claims,” said Leigh C. Katzman, Esq., Founding Partner, Katzman Chandler. “The days of trying to successfully go it alone against insurance giants and a system designed to underpay policy holders are truly over.

The Florida Legislature in 2011 shortened the time frame to file a claim, supplemental claim or reopened claim from five years to three years making it even more crucial that boards be prepared to act quickly and decisively when disaster strikes.”

“READY… SET… RECOVER, specifically assists Community Associations and their Management professionals to identify areas of concern, and to properly and fully prepare before a disaster strikes,” said Mary Ann Chandler, Esq., Managing Partner, Katzman Chandler.

The Katzman Chandler Hurricane Preparedness and Recovery Guide for Community Associations is arranged into four (4) main sections for ease of use:

The first section, “An Ounce of Prevention…” addresses routine planning and preparedness measures that are recommended to be undertaken before, or at the latest, in the early weeks of Hurricane Season.

The second section,“The Calm Before the Storm…”addresses actions to be taken when  a Tropical Storm, Hurricane Watch or Hurricane Warning is issued for your area.

The third section,“Triage and the Initial Road to Recovery…”addresses the immediate and continuing actions to be taken to repair and rebuild your Community in the aftermath of a storm.

The fourth and final section,“It’s Your Insurer’s Turn to Write the Check…”describes the insurance claim and recovery process.

Katzman Chandler is a Full Service Florida Law Firm devoted to all aspects of Community Association representation.  We are truly “Committed to Community” and evidence this commitment each day through Passion, Experience and Technology. Our Passion is clear in our dedication to identifying unique solutions to issues and concerns affecting our Clients. Our Experience is evident in our ability to utilize our skills and knowledge to provide our Clients with the highest quality work product and out-of-the-box strategies in the most cost-efficient manner. However, our Passion and Experience come together in our unique use and leveraging of Technology. Our utilization of Technology allows us to provide our clients with state-of-the-art features and programs that complement superior legal representation, and are second to none.

Regardless of the size of your community, Katzman Chandler is dedicated to meeting your needs, achieving your goals and exceeding your expectations. Our services include General Corporate Representation, Delinquent Account Collection, Litigation, Covenant Enforcement, Document Amendment/Rewrite, Property Insurance Damage Claim Recovery, and Construction Defect Representation. Katzman Chandler can be reached by calling Toll Free 800-987-6518 or via email at i[email protected]. Information about the Law Firm can be requested through their website which can be found at www.KatzmanChandler.com.

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Cannoli’s and Scams

Mark Buchalter | Accountsult When I was much younger living in Queens, New York, I remember going on a date with the cutest girl in town, to the San Gennaro festival in Little Italy, New York. It stretched along Mulberry Street from Canal Street to Houston Street.

In addition, to eating the delicious food (sausage and peppers, Ferrara’s cannoli’s, elephant ears with powdered sugar  from all the food vendors, I was “hawked in” and tempted  to playing a game of chance and win a lot of money quickly.

To make a long story short, I lost all my money in my wallet, and walked away downtrodden and embarrassed in front of my girlfriend, who I wanted to impress.

I relay this story, because it taught me a valuable lesson, that if it seems too good or easy, it’s probably a SCAM. Unfortunately, there will always be scams by unscrupulous individuals playing upon honest hard working people.

In today’s extraordinary economic climate, the latest scam is preying upon individuals seeking either the Economic Stimulus check that most all Americans are waiting for, or Small Business administration (SBA) loans.

Below are some tell tale signs to avoid being scammed, please heed these warnings!

PS:  There is a happy ending, even though I was scammed and thoroughly embarrassed, that Girlfriend that I mentioned above, still married me and 41 years later, we can fortunately continue to laugh at that embarrassing date.

Below are tips for how to spot and avoid scams:

What Fraudsters May Do:

  • Ask taxpayers to sign over an economic impact payment.
  • Ask by phone, email, text message, or social media for verification of personal and/or banking information for the purposes of expediting a person’s economic impact payment.
  • Mail taxpayers bogus checks with contact information (such as a phone number or web address) regarding how the taxpayer can cash the check.

How to Avoid Scams

  • Don’t provide personal or financial information to strangers. Never provide an unknown individual with personal or financial information until you have verified the identity of the person with whom you are speaking.
  • Don’t open or click on unusual links or attachments. If you receive unexpected emails, text messages, or social media messages with attachments or website links, delete them. Do not click on, download, or open any of the above, as you may be opening malware on your electronic device that can help criminals steal your information.
  • Checks are deposited automatically. Remember that in most cases, the IRS is using direct deposit to send the economic impact payments. Thus, if anyone is asking you for personal information in any manner, you should be wary and seek additional information to verify the person’s identity and employment.
  • There are no fees to receive payment. The government is not asking citizens to pay anything up front to receive an economic impact payment. If someone contacts you asking for any form of payment in order to receive an economic impact payment, please contact law enforcement.

If you or someone you know has been the target or victim of a fraud scheme related to the coronavirus, please report the incident to the national hotline at The National Center for Disaster Fraud at 866-720-5721 or at [email protected].

Contact info for Mark Buchalter and Accountsult:

3109 Stirling Road, Suite 202 | Ft. Lauderdale, Florida 33312
954-739-0310  |  [email protected]

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Key Points For Associations During These Unprecedented Covid-19 Times

Key Points:

  • Association Expenses Are Usually Fixed, Due To Fund Based Accounting And Budgeting
  • Assessments Are The Majority Of The Revenue Stream To Fund All Operating Expenses
  • Due To Delinquencies, Your Funds Could Be Dramatically Depleted
  • Directors’ Duties Are To The Association As A Whole, Not To An Individual(s) Needs
  • Where Is The Money To Come From If Not From Assessments
  • Special Assessment Is A “Dirty Word” in Association Vocabulary
  • As difficult As It Is To Pay Monthly Maintenance, It Is Exponentially More Difficult To Pay Deferred Monthly Payments In The Future

Options:

  • Accept Non Traditional Payment Plans
  • Cancel Or Decrease Discretionary Services
  • Cancel Or Delay Non Urgent Repairs
  • When Vendor contracts Are Coming Due, Either Reduce Services Or Renegotiate Pricing. 
  • Review Your Monthly Financial Statement Package
  • The “Infamous” Special Assessment for Budget Short Fall

Please do not hesitate to call for any assistance concerning Your Association Accounting and Finances.

There is never a charge to talk!

This short article was provided by CARG member Mark Buchalter, President of Accountsult, LLC. Mark can be reached at 954-739-0310.

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Why Call Your Accountant Before the Hurricane?

Smart Associations plan for potential tribulations, such as Hurricanes; they contact their Management Company, Insurance Broker, Landscaper, etc.  Even smarter Associations contact their Accountant, and very smart Associations have Accountants that contact them, to assure the Board of Directors that proper procedures are setup to safeguard the Association’s financial records.

In
addition to safeguarding the financial records, have emergency checks to pay the
various Contractors that will be needed immediately for crucial services to
mitigate the damages caused by Mother Nature.

As
we all know, Contractors will first service those that can timely pay for
services and supplies.  If a horrific
hurricane hits our area, as it did in 2005, electric might be curtailed, offices
could be closed, how will you pay for necessary services?   At Accountsult, we take the time to prepare emergency
blank checks for our Association Clients.

It
is vital to have sophisticated state of the art computer backup files, software
and hardware that will insure immediate access if the Accountant’s office is
temporarily inaccessible.  Our office has
such systems and is paperless, which means that all documents are filed
electronically and copies can always be reproduced immediately from any
location.

Another service we provide to our Clients is the procurement of contingent credit lines, specifically setup for unexpected casualties such as hurricanes. Without an available line of credit or adequate funds to meet substantial expenditures, the only option is to emergency special assess every Unit Owner immediately. Plan ahead, anticipate the worst, hope for the best and call your Accountant.

Mark Buchalter; Accountsult, LLC
Monthly Accounting and Consulting for Condos and HOA’s
(954) 739-0310 www.Accountsult.com

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Does Your Association Have A Social Media Policy?

Today, community associations (hopefully) understand the need to relay, perhaps even to over-communicate, all important information to their owners. To that end, more associations made the jump into the cyber world with their own Facebook and Twitter pages. Before going all in, though, associations should consider adopting a “social media policy.” Here are some items to consider before putting together such a policy:

1. How does the association wish to use Facebook and/or Twitter?
● Is the association looking to provide ‘one-way’ information, and not allow owners/fans/friends to post and comment?
● Does the association plan to use sites to promote discussion, interaction and sharing of ideas and concepts, allowing others to post and comment?

2. Regardless of the purpose of the association’s social media presence, the Board should decide who, on behalf of the association, will be authorized to make posts and updates. This is so the communication from the association can be better controlled and monitored.

3. Will the social media platform be open for anyone to “friend and follow?’ Or, will it be permissible for community association members only?

4. If the platforms will be used to promote discussions and people will have the permissions to post, the following must be considered by the Board when formulating the social media policy:
● Will posts containing negative and/or disparaging comments about the association be allowed (remember, too, if available for all to see, this could affect sales and potentially, property values)?
● If not, who is going to monitor comments and posts? What is the criteria to be used to determine “allowable” posts and comments?

5. In addition to everything previously mentioned, there are a few liability concerns which must be considered:
● If the association has a policy stating it will remove negative posts, and if the said policy isn’t clear with regards to criteria for removing posts, the association could face the risk of a claim based on discrimination (if it seems one particular person’s or group of people’s posts are removed, while others are not).
● In relation to removing posts, if somebody posts a defamatory comment or thread concerning another, and the association doesn’t remove said post, one may argue that the association has taken on not only the opinion, but also the liability for the content of the defamatory post.
● Determine if your association’s insurance covers claims of discrimination or defamation related to posts on the association’s social media platform account (or website message board).

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Why Pick Up Dog Poop? The Dangers of Dog Feces

By Guest Blogger, “Natasha”. Check out her latest blog, “The Artisan Life“

Why Pick Up Dog Poop?

  • “I pay taxes, why should I have to pick up dog poop?”
  • “It’s like fertilizer—it’s good to let it stay there!”
  • “Dogs are part of nature—letting their poop stay on the ground is natural, too.”

Have you heard or even thought of these excuses before? Approximately 40% of dog-owning Americans polled have admitted they don’t pick up after their pet. Unfortunately, cleaning up after your dog is your responsibility as a pet owner. Even if you keep your dog contained in your own yard, taking the time to regularly clean up after your dog helps keep your family and community safe. Once you discover the threats dog feces pose to humans and the environment, you won’t want to leave the house without a plastic pick up bag again!

Dog Poop Dangers

Dog poop smells bad and no one likes stepping in it, but it is more than an inconvenience: it is a legitimate danger. Dog poop dangers come in several forms.

  • It poisons grass and lawns.
  • It carries hookworms, ringworms, tapeworms, and more.
  • It transmits human diseases, too!
  • It pollutes waterways and is in the same EPA category as oil and mine runoff!

Dog Poop Is Not Fertilizer

Cow manure is an age-old, and effective, fertilizer, but dog poop is not. Cows are herbivores and their poop is pretty much broken down plant matter. It’s sort of like smelly compost. Well, just like you’re not supposed to put meat products in your compost bin, a dog’s diet makes its poop very poor as a fertilizer. In fact, it is usually pretty toxic to plants. It is very acidic and will kill your grass if left unattended. Have you ever picked up an old bit of doggie business and found the grass withered and yellow beneath? It isn’t just from the blocked sunlight – dog poop is literally poison for plants. Actually putting it in your garden as fertilizer (yes, people try this!) can contaminate your fruits and veggies with harmful bacteria. Even if you don’t intentionally place dog poop in your garden, runoff can make your produce unsafe.

Dog Poop Carries Disease

Of course, dog poop can carry worms. This means if your dog visits the park and someone else left dog poop with worm eggs laying on the ground, your pup is vulnerable. Dog poop can carry human-infecting ailments, too, including vicious parasites. Among other things, Fido feces can include:

  • Giardia
  • Salmonella
  • Leptospira
  • E. coli
  • Parvo virus
  • Roundworms (the CDC shows 14% of Americans are infected with roundworms)
  • Up to 23 million coliform bacterial per gram of poop!

Dog Poop Contaminates Water

I don’t know how many times I’ve heard someone tell me not to worry about a particular piece of poop because it was about to rain soon, anyway. Not picking up fresh poop before rainfall is even worse than letting it sit on a dry day!

When the rain washes over dog poop and flows into the drainage system, that contaminated water is carried into local waterways. If you like to hang out at a nearby river or lake, this means the fecal water is mixed in where you enjoy swimming and boating! Studies indicate that about 90% of fecal coliform bacteria, which is used as a measure of water health and quality, is of non-human origin, mostly canine. Dog poop is considered so dangerous that it is in the same EPA pollutant category as oil and runoff from abandon mines, and two or three days worth of un-picked up poop from 100 dogs can cause a big enough spike in bacteria levels to necessitate closing waterways within 20 miles to swimming and shell fishing.

How to Dispose of Dog Poop

There are many different ways to dispose of dog poop:

  • Use special, biodegradable pick up bags and throw it in the trash.
  • Reuse your plastic grocery bags to pick it up.
  • Flush it down the toilet (this is okay for dog poop, but some bacteria in cat poop can survive water treatment).
  • Hire a professional poop removal company.

For More Infromation

Here are some additional resources on dog poop and the dangers it poses. Please check them out!