The document provides information and recommendations for community associations to better prepare for hurricanes and other emergencies. It suggests that associations rethink their preparedness plans, which were shown to be inadequate during the 2004 hurricane season. Associations should budget for emergency funds, storm cleanup costs, and deductibles. They should also hire contractors and have emergency supplies ready to respond quickly after storms. Proper preparation, planning, and saving can help associations deal with the costs of hurricanes and other emergencies.
Architects Professional Liability
Whether a small architecture enterprise or a multinational million dollar conglomerate, the work of architects and engineers is constantly under the spotlight. No matter how careful and exact an architect or engineer is, their work is constantly scrutinized by clients, leaving the chance of facing a lawsuit alleging negligence or failure to render professional services. Working in an industry that continues to feel the negative effects of the economy, architects and engineers cannot afford to take this risk - and that is where we can help.
Architects Professional Liability
Whether a small architecture enterprise or a multinational million dollar conglomerate, the work of architects and engineers is constantly under the spotlight. No matter how careful and exact an architect or engineer is, their work is constantly scrutinized by clients, leaving the chance of facing a lawsuit alleging negligence or failure to render professional services. Working in an industry that continues to feel the negative effects of the economy, architects and engineers cannot afford to take this risk - and that is where we can help.
A presentation from on of WSPS\\\\’s regional conferences in Sault Ste. Marie. Co-Written and Co-Presented along with Steve Taylor from Great Lakes Power. Not exhaustive by any means, this presentation gives a high-level view of what to look for when establishing relationships with contractor at your workplace.
Good contracts will take into account CDM 2007 arrangements. Learn from these practical examples when drafting your contracts - presentation by Julian Scott of Squire Sanders exclusively for ARMSA Consulting wind energy clients.
- Having a brief of FIDIC
- Understand the steps and stages of Contract Management Using FIDIC.
- Understand the Role of PM during construction project to protect the organization Business case.
Protecting Your Contract Receivables – PA Mechanics Lien Law and Payment Bond...McKonly & Asbury, LLP
Get up to speed on the recent changes in the PA Mechanics Lien Law and hear an important discussion on how you can best protect your rights to payment. This webinar will also cover some guidelines on asserting payment bond claims, and pointers on how to best exercise contractual and statutory remedies promptly so as not to endanger receivables. Finally, the session will cover details on how to evaluate at-risk receivables subject to each of the noted remedies and how to accurately and properly evaluate the financial reporting for such items.
Gary Lewis's presentation on Guiding principles of CDM 2007 and its application to Joint Ventures in the Wind Energy Sector - exclusively presented to ARMSA Wind Energy clients on Breakfast Seminar on 30 October 2013 and now available to public.
A presentation from on of WSPS\\\\’s regional conferences in Sault Ste. Marie. Co-Written and Co-Presented along with Steve Taylor from Great Lakes Power. Not exhaustive by any means, this presentation gives a high-level view of what to look for when establishing relationships with contractor at your workplace.
Good contracts will take into account CDM 2007 arrangements. Learn from these practical examples when drafting your contracts - presentation by Julian Scott of Squire Sanders exclusively for ARMSA Consulting wind energy clients.
- Having a brief of FIDIC
- Understand the steps and stages of Contract Management Using FIDIC.
- Understand the Role of PM during construction project to protect the organization Business case.
Protecting Your Contract Receivables – PA Mechanics Lien Law and Payment Bond...McKonly & Asbury, LLP
Get up to speed on the recent changes in the PA Mechanics Lien Law and hear an important discussion on how you can best protect your rights to payment. This webinar will also cover some guidelines on asserting payment bond claims, and pointers on how to best exercise contractual and statutory remedies promptly so as not to endanger receivables. Finally, the session will cover details on how to evaluate at-risk receivables subject to each of the noted remedies and how to accurately and properly evaluate the financial reporting for such items.
Gary Lewis's presentation on Guiding principles of CDM 2007 and its application to Joint Ventures in the Wind Energy Sector - exclusively presented to ARMSA Wind Energy clients on Breakfast Seminar on 30 October 2013 and now available to public.
Power Point presentation on the intricacies of Arizona Lien Law. Owners can learn how to protect themselves from double payment and Contractors, Subcontractors and Suppliers can learn how to use another tool to get paid.
Do You Need Help Getting Out of a Timeshare?
Timeshare contracts don't have to burden you forever. During our free event, real estate lawyers will show you how timeshare owners have gotten out of their sales contracts.
Timeshare Cancellation, Termination & Modification
Learn how it's possible to cancel, terminate or modify your sales contract. Regardless of what resort developers tell you, they do let timeshare owners out of their contracts. Developers frequently breach their own contracts and engage in fraudulent activities. Learn how a developer's actions can give you a way out.
Deception
Has the resort told you that you can't make a reservation? Have they told you that you can't rent your week? Are you paying hidden costs or higher fees? Timeshare owners face many surprises after the sales presentation. We'll explain your options.
Sales
The timeshare resale industry is rife with unscrupulous businesses. Resale scams require sellers to pay expensive upfront junk fees. Learn how not to become a victim of these fraudsters.
Dealing with Runaway Maintenance Fees
On average, timeshare maintenance fees increase 8% per year. You might even get stuck paying other costs and assessments as time goes on. The sales team probably didn't tell you about these hidden expenses and fee increases. We'll explain how you can seek relief from this costly headache.
Estate Plan
If you've decided to keep your timeshare, then the next step is creating an estate plan. Timeshare contracts are "in perpetuity," and your heirs will have to continue paying maintenances fees and other costs. Learn how to dispose of your timeshare to prevent your heirs from inheriting the extra expenses.
My recent presentation on the Construction Lien Law and Prompt Payment Act, two of the most effective tools for addressing payment issues on construction projects in New Jersey. Please do not hesitate to get in touch if you have questions about the presentation or any other legal matters.***
***This presentation is for informational purposes only. You should not construe or consider anything on this website as legal advice, and you should consult with an attorney for advice on your specific legal issues.
Don't drop the ball on Contract Requirements and Performance (for Public Insu...John Bales Attorneys
This is the 'Don’t Drop the Ball on Contract Requirements and Performance' Presentation that was presented at the May 2015 FAPIA Convention. It is a visual reference that discusses Florida Statutes and administrative codes regulating public insurance adjusters’ contracts, and the Public Insurance Adjusters Services Agreement.
See the rest of our Seminars and Presentation Materials on our website: http://www.johnbales.com/resources/seminars-and-presentation-materials/
Expert assistance on Contractors Lien/Mechanics Lien from MPP Legal. Safeguard your labor and materials payment with confidence and legal precision.
https://www.mpplegal.com/understanding-a-contractors-lien-mechanics-lien-or-materialmans-lien/
PRIVATE ENCUMBRANCES Private encumbrances are voluntarily create.docxsleeperharwell
PRIVATE ENCUMBRANCES
Private encumbrances are voluntarily created by private parties who deal with the real property and consist of judgment liens, mechanic’s and materialmen’s liens, mortgages and trust deeds, easements, and restrictive covenants. Judgment Liens A lien is created when the property owner has been sued for a sum of money and a court has entered a judgment against the property owner. For example, a property owner is involved in an automobile accident. The property owner is sued for negligence and a $50,000 judgment is assessed against him by a court of law.
Judgment liens do not become liens on real property until they have been recorded in a special book, called the Judgment Book or General Execution Docket, in the county where the real property is located.
A judgment lien remains a lien on real property until it has been paid or expires by passage of time. Most states have laws that limit the duration of a judgment lien. These laws provide that a judgment lien, if not paid, will expire within 7 to 14 years after becoming a lien on real property. Judgments attach at the time of recordation to all property then owned by the judgment debtor or to any property thereafter acquired by the judgment debtor. Judgments are potential title problems and can be discovered during a title examination.
Mechanic’s and Materialmen’s Liens
A mechanic’s or materialmen’s lien is imposed by law on real property to secure payment for work performed or materials furnished for the construction, repair, or alteration of improvements on the real property. Each state has its own laws for the creation of these liens.
Claimants under most mechanic’s or materialmen’s lien statutes include contractors, laborers, subcontractors, material suppliers, lessors of equipment and machinery, architects, professional engineers, and land surveyors. Most privately owned real property may be subjected to mechanic’s or materialmen’s liens. The lien attaches to all real property, including improvements, and all real property contiguous to the improved real property. Public real property is not subject to mechanic’s or materialmen’s liens.
Special Mechanic’s and Materialmen’s Lien Situations Sometimes special situations exist that prompt the creation of mechanic’s and materialmen’s liens.
Landlord and Tenant. Work performed for a tenant of real property only attaches to the tenant’s interest in the real property, and not the landlord’s, unless the landlord of the real property consents to the work and agrees to pay for the work.
Contract Seller and Purchaser. Work performed for a purchaser of real property before a purchase and sale contract closes only attaches to the purchaser’s interest unless the seller has consented to the work.
Husband and Wife. One spouse is ordinarily not an agent for the other spouse. Work performed at the request of one spouse is not a lien on the other spouse’s real property interest unless the other spouse has consented or agreed to pay.
Residential purchases are now made easy with Plus Your Settlements. Our experienced team will make all communications and fasten the process. Visit: http://www.plusyoursettlements.com.au/about
Similar to Hurricane Recovery Compilation for Community Association (20)
Associated Property Management (APM) has created an Emergency Preparedness Section to their website. With June 1, 2010 being the start of hurricane season APM wants to remind community associations to get ready now, rather than later, when it may be too late.
Simpolo Tiles & Bathware
Tile ho,
toh Simpolo.
Since the first steps were taken in 1977, Simpolo Ceramics has carved its niche as a consistently growing organisation with unparalleled innovation and passion rooted in simplicity.
We endure gratification for every experience we offer, created to share something meaningful. It may not resonate with the majority, but that makes us a class apart. If only a handful were to understand the purpose of our existence, we would be proud to have found our believers. Rather, people with whom we can share our beliefs.
VISUALIZER
Design your space in your style with our very own Visualizer. Now, you can choose the tiles of your liking from our wide selection and see how they would look in a space. Select the tile from the multiple options and the visualiser will replace the surfaces in the image with the selected tiles. This way, instead of just your imagination, you can choose the tiles for your place by getting an actual picture of how they would look in a space. So, design your space the way you desire digitally and implement it in real life to get the best results!
You can also share this visualiser with others to help them design their space.
Committed to delighting customers with world-class ceramic products and services. Make Simpolo synonymous with the best quality and set new benchmarks of excellence for all stakeholders. Pursue best business practices with utmost integrity to make Simpolo an exciting organisation to work with, for vendors, channel partners, investors and employees alike.
Gain worldwide recognition in the field of ceramic building products through Research and Innovation and bring an enhanced lifestyle within reach for every household.
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus o...Joseph Lewis Aguirre
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus on Public Safety as Job #1, Engagement, Wealth of HOA, Branding, Communication, Culture, Civic Responsibility
Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szet...Volition Properties
=== Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szeto) ===
Ever been curious about Real Estate Investing in the US?? At Volition, for the past 14 years, we have been focused on helping investors invest in over $250M of real estate and generate $100M of wealth in the Toronto market, but we are always open to learning more about other business models and learning from other investors.
The US has always been an intriguing market to invest in. But the US is a big place… if you’re interested in investing in the US, you probably have a lot of questions, like:
☑️ Specifically WHERE should you invest?
☑️ What are the best markets to invest in and why?
☑️ How much are property prices there?
☑️ What are the returns like?
☑️ What is cashflow like?
☑️ Compared to investing in Toronto or other cities in Ontario, what are the benefits / tradeoffs?
☑️ What ownership structure should I use?
☑️ What are the tax implications?
☑️ Can I get financing?
☑️ What are tenants like?
Enter Erwin Szeto, a longtime friend of Volition. Since 2005, Erwin Szeto and his team have navigated the challenging landscape of being landlords in Ontario. Now, they are shifting their focus and guiding their clients' investments toward the more landlord-friendly environment of the USA. This decision comes after assisting Canadian clients in transacting over $440,000,000 in income properties. Faced with issues like affordability constraints, tenant-friendly laws, rent control, and rental licensing in Canada, Erwin sees a clear opportunity in the U.S. Here, there is a significant influx of investments leading to the creation of high-paying manufacturing jobs. Erwin and his clients are poised to capitalize on these opportunities where landlord rights are stronger and there is no rent control.
To facilitate this transition, Erwin has partnered with and become a client of SHARE, a one-stop-shop U.S. Asset Manager. Founded by Canadians for Canadians, SHARE enables as passive an ownership experience as possible for landlords in the U.S., while still maintaining direct, 100% ownership.
Erwin is “Making Real Estate Investing Great Again”!!
Website: https://www.infinitywealth.ca/
Facebook: https://www.facebook.com/iwinrealestate and https://www.facebook.com/ErwinSzetoOfficial
Podcast: https://www.truthaboutrealestateinvesting.ca/
Instagram: https://www.instagram.com/iwinrealestate/ and https://www.instagram.com/erwinszeto/
Discover Yeni Eyup Evleri 2, nestled among the rising values of Eyupsultan, offering the epitome of modern living in Istanbul.
With its spacious living areas, contemporary architecture, and meticulous details, Yeni Eyup Evleri 2 is poised to be the star of your happiest moments. Situated in the new favorite district of Eyupsultan, claim your spot and unlock the doors to a peaceful life alongside your loved ones. Nestled next to the historical and natural beauties of Eyupsultan, embrace the comfort of modern living and rediscover life.
Social Amenities:
Yeni Eyup 2 offers a life filled with joy with its green landscaping areas, gym, sauna, children’s play areas, café, outdoor pool, and basketball court. Reserve your place for unforgettable moments!
Reliable Structure:
With 1+1, 2+1, and 3+1 apartment options, Yeni Eyup Evleri 2 is designed with first-class materials and craftsmanship. The doors to a safe and comfortable life are here! Choose the option that suits you best and step into your dream home.
Project:
Yeni Eyup 2 is conveniently located, with Istanbul Airport just 26 minutes away, the Mecidiyeköy Metro Line 4 minutes away, and the Tram Stop 5 minutes away, making your life easier with its central location.
Location:
Your home is positioned in a privileged location, providing easy access to the city center, shopping malls, restaurants, schools, and other important places.
Yeni Eyup 2 offers 1+1, 2+1, and 3+1 apartment options designed to meet different needs. Find an option suitable for every lifestyle and open the doors to a comfortable life in your dream home.
https://listingturkey.com/property/yeni-eyup-evleri-2/
Need MCA leads? No sweat! MCAs are great for small biz funding. Learn how to snag top-notch leads: businesses needing cash, with repayment ability, decision-makers, and accurate contacts. Use content, social ads, lead platforms, partnerships, and capture processes for quality leads.
https://www.leadgeneration.media/blog/b/streamline-your-mca-sales-process-with-pre-qualified-leads
Lixin Azarmehr, a Los Angeles-based real estate development trailblazer, co-founded JL Real Estate Development (JL RED) in 2015 and serves as its CEO. Her expertise has propelled the firm to specialize in luxury residential and mixed-use commercial projects, with a portfolio that features upscale retail spaces and sophisticated care facilities.
Elegant Evergreen Homes - Luxury Apartments Redefining Comfort in Yelahanka, ...JagadishKR1
Experience unmatched luxury at Elegant Evergreen Homes, offering exquisite 2, 3, and 4 BHK apartments in the serene locality of Yelahanka, Bangalore. These meticulously crafted homes blend modern design with timeless elegance, providing a harmonious living environment. Enjoy top-tier amenities and a prime location, making Elegant Evergreen Homes the ideal choice for discerning homeowners.
Sense Levent Kagithane Catalog - Listing TurkeyListing Turkey
Sense Levent offers a luxurious living experience in the heart of Istanbul’s vibrant Levent district.
This cutting-edge development seamlessly integrates modern design with natural elements, featuring live evergreen plants maintained by an advanced irrigation system, ensuring lush greenery year-round.
The building’s elegant ceramic balconies are both stylish and durable, enhancing the overall aesthetic and functionality. Residents can enjoy the 700m Sky Lounge, which provides breathtaking views of Istanbul and a perfect space to relax and unwind.
Sense Levent promotes a healthy and active lifestyle with a full gym, swimming pool, sauna, and steam room, all available in the building. The interiors are crafted with high-quality materials, ensuring a luxurious and inviting living space.
Designed with young professionals in mind, Sense Levent features 1+1 and 2+1 units with smart floor plans and balconies. The project promises high investment returns, with an expected annual return of 6.5-7%, significantly above Istanbul’s average ROI.
Located in the rapidly growing and highly desirable Levent area, the development benefits from ongoing urban regeneration projects. Its prime location offers proximity to shopping malls, municipal buildings, universities, and public transportation, adding immense value to your investment.
Early investors can take advantage of discounted units during the construction phase, with an expected capital appreciation of +45% USD upon completion. Property Turkey provides comprehensive rental management services, ensuring a seamless and profitable investment experience.
Additionally, robust legal support and significant tax advantages are available through Property Turkey’s licensed Real Estate Investment Fund. Levent is a dynamic urban hub, ideal for young professionals with its numerous corporate headquarters and shopping malls.
Sense Levent is more than just a residence; it’s a place where dreams and opportunities come to life. Contact us today to secure your place in this exclusive development and experience the best of Istanbul living. Sense Levent: Sense the Opportunity. Live the Dream.
https://listingturkey.com/property/sense-levent/
The KA Housing - Catalogue - Listing TurkeyListing Turkey
Welcome to KA Housing, a distinguished real estate development nestled in the heart of Eyüpsultan, one of Istanbul’s most promising districts.
Just 10 minutes from the bustling city center, Eyüpsultan offers a serene escape with the convenience of urban living. The direct metro line ensures seamless connectivity to all parts of Istanbul, making it an ideal location for residents who seek both tranquility and vibrancy.
KA Housing boasts unparalleled accessibility, with proximity to Istanbul Airport only 30 minutes away, facilitating easy international travel. Effortless city access is guaranteed by direct metro and transportation links to Istanbul’s cultural and commercial hubs. Quick access to key metro lines connects you to every corner of the city within minutes, making commuting and exploring the city hassle-free.
The development offers luxurious living spaces with a range of unit layouts from 1+1 to 4+1, designed with meticulous attention to detail. Each unit features balconies or terraces, providing stunning vistas of Istanbul and enhancing the living experience. High-quality materials and superior craftsmanship ensure durability and elegance, while sound-proof insulation and high ceilings (2.95 m) offer comfort and sophistication.
Residents of KA Housing enjoy exclusive on-site amenities, including a state-of-the-art gym, outdoor swimming pool, yoga area, and walking paths. Entertainment options abound with a private cinema, children’s playground, and a variety of dining options including a café and restaurant. Security and convenience are paramount with 24/7 security, a dedicated carpark garage, and an IP intercom system.
KA Housing represents a prime investment opportunity with limited availability in a high-demand area, ensuring enduring value and potential for lucrative returns. Homes in this development provide exceptional value without compromising on quality, offering affordable luxury for discerning buyers. The construction is of the highest quality, built to the latest seismic and disaster resistance standards, ensuring safety and resilience.
The community and surroundings of KA Housing are enriched by close proximity to prestigious universities such as Haliç University, Bilgi University, and Istanbul Ticaret University, making it an ideal location for students and academics. The development is adjacent to the Alibeyköy stream leading into the Halic waters, offering serene natural escapes amidst lush greenery. Residents can enjoy the cultural richness of the area, surrounded by historical and cultural landmarks that blend leisure, nature, and culture seamlessly.
https://listingturkey.com/property/the-ka-housing/
Omaxe Sports City Dwarka stands out as a premier residential and recreational destination, offering a blend of luxury and sports-centric living. Located in the thriving area of Dwarka, this project by Omaxe Limited is designed to cater to modern lifestyle needs while promoting a healthy, active living environment.
Dynamics 365 Bid Management for Construction ProjectsDynamic Netsoft
This PDF provides a straightforward guide to using Dynamics 365 for efficient bid management in construction projects. Learn how to streamline processes, improve accuracy, and enhance productivity with practical tips and step-by-step instructions.
https://dnetsoft.com/dynamics-365-bid-management-software
500 acres of brilliance await you here at Riverview City which offers modern living, effortless convenience, and a beautiful natural setting. It is a mega township by Magarpatta City in Loni Kalbhor, Pune. Enjoy easy access to work, schools, and fun while experiencing a perfect work-life balance.
Visit - magarpattacity.developerprojects.in
One FNG by Group 108 Sector 142 Noida Construction UpdateOne FNG
One FNG by Group 108 is launching a new commercial project in Sector 142 Noida. Office space and high street retail shops on the FNG and Noida Expressway. For more information visit the website https://www.onefng.com/
Rams Garden Bahcelievler - Istanbul - ListingTurkeyListing Turkey
Implemented by Rams Global in Bahcelievler, the Rams Garden Bahcelievler Apartments includes 796 residences of different types from 2+1 to 5+1.
Next to the project, which will have 33 thousand square meters of green area, there will be 42 thousand 300 square meters of woodland. There will also be a 210-meter-long pond in the landscape of the project. There are 94.5 square meters of green space per flat.
Rams Garden Bahcelievler Apartments, which has 8 times more green space than the average of Istanbul with its 33 thousand square meters of green area located within a total of 75 thousand square meters, offers various housing options from 2+1 to 5+1.RAMS Garden has brought a lifeline to the construction industry.
Rams Global, which has signed projects in many places from Dubai to Phuket and delivered more than 20 thousand residences, is now starting new projects in Istanbul.
Rams Garden Bahcelievler is located 9 minutes from Metroport AVM, 5 minutes from Marmara Forum AVM, 12 minutes from Kazlıçeşme beach, 9 minutes from Yıldız Technical University, 7 minutes from Istinye University, 9 minutes from Ramada Hotel and Medicana Hospital.
https://listingturkey.com/property/rams-garden-bahcelievler-apartments/
Torun Center Residences Istanbul - Listing TurkeyListing Turkey
THERE IS LIFE IN ITS CENTER!
The most energetic spot of the city that will add utterly different pleasures to your life, with a park that will make Istanbul breathe, delighting indoor and outdoor bistros, cafes, restaurants, the brand-new Food Hall concept, where dozens of unique tastes are served together, market area, cinema, theater, fitness club, SPA and event venue...
All the pleasures that will enrich your lives are awaiting you on the most beautiful side of the city, at Torun Center Residences. In Mecidiyeköy, where the heart of Istanbul beats, business, life and entertainment opportunities are located at the exact center, at Torun Center, the most beautiful side of the city.
Penthouse apartments and different styles of flats from 1 + 1 to 4 + 1, from 100 to 425 square meters in a 42-story residence tower, have been designed for those who want to live in the center of magnificence. Torun Center is the redefinition of a better life with specially landscaped floor gardens, apartment options with private balconies, and automatic glass systems equipped with Trickle Ventilation that offers clean air comfort.
Business and life in the same place
Excellent service
Torun Center has many delightful details, from a swimming pool to sunbathing and resting terrace. With 24/7 concierge services, 24/7 security, valet, technical service, closed-circuit camera system (CCTV), central heating and cooling system, it makes your life easier.
Delightful details
The two-story Torun Center Lounge, with its indoor and outdoor seating areas, children's playroom, private dining and TV lounge, promises unforgettable memories to you and your loved ones with its unique Istanbul view.
Neighboring to the most pleasant square of Istanbul
A few steps from the Torun Center Residences, you can reach the city's most modern city square and open the doors of a quality city life. Torun Center Residences brings together on the same project the long-awaited city life for Istanbul and gourmet restaurants, cafes, gym and SPA, and state-of-the-art cinema and Artı Stage, hosting the most famous plays of the season.
Located at the intersection of alternative public transportation options such as the metro and Metrobus, Torun Center comes to the fore as the most accessible office for both sides of Istanbul. With a central location and rich transportation lines, Torun Center offices make life easier for employees and increase productivity.
Brigade Insignia offers meticulously designed apartments with modern architecture and premium finishes. The project features spacious 3,3.5,4 and 5 BHK units, each thoughtfully planned to provide maximum comfort, natural light, and ventilation.
https://www.newprojectbangalore.com/brigade-insignia-yelahanka-bangalore.html
Hurricane Recovery Compilation for Community Association
1. HURRICANE RECOVERY COMPILATION
By Associated Property Management
CONTRACTOR LIEN RIGHTS
Many associations find themselves in a dispute with contractors because they do not
comply with the Florida Construction Lien Law (Chapter 713, Florida Statutes – The
Mechanic’s Lien Law). There are stories of community associations who have paid
roofers, painters all of the required funds, received release of liens and final release of
lien, when the project was finished, only to receive a notice of lien from a supplier of
materials or labor that they had never been paid from the contractor. This can be very
expensive for the association as they may be paying for the same work twice!
The State of Florida Construction Lien Law is a mandatory statewide legislation, which
shall be enforced in every jurisdiction throughout the State. Applicants for a permit are
required to provide information concerning the Owner, Mortgage lender and the
Architect/Engineer. In addition the application has to have the Owners notarized
signature affixed.
A certified copy of the recorded Notice of Commencement must be posted and
maintained, along with the permit, from the start of the job through the final inspection.
The State mandates that no inspections shall be approved without this notice being
posted. This requirement applies to all permitted work regardless of building valuation or
funding (cash or credit) source.
What to do to protect your association – For your protection, if you are planning to spend
over $2,500 on building or improvements, before your start building, repairing or
replacing, it is suggested:
You consult an attorney regarding the Mechanics Lien Law before starting a major
construction project. Make sure that all requirements for recording and posting the
“Notice of Commencement” have been accomplished.
Before making any payments to your contractor, you should get a sworn statement in
writing that the contractor has paid all the bills for your job.
If you have received a “Notice to Owner” from anyone, you should
2. require your contractor to get a sworn statement from each such person stating that they
have been paid for all work done on your job. This should be done before making any
payments to your contractor.
If a Mechanics Lien is filed against your property, consult an attorney immediately.
The Mechanics Lien Law (Chapter 713, Part I, Florida Statutes) provides a method by
which a contractor, subcontractor, laborer, building material supplier, architect, landscape
architect, interior designer, engineer, or land surveyor may claim a lien on real property
on which they have done work, or to which they have furnished materials. If the lien is
not satisfied, your property may be sold to pay the lien.
What is it? A “lien” is a charge or encumbrance on real property (land that is improved
and the improvements thereon, including fixtures), which must be satisfied by the
property owner to ensure clear title. “Attachment” means that if a court finds a claim a
lien valid, the owners’ property may be seized and sold to satisfy the lien if it is not
voluntarily paid.
A “Notice of Commencement” is a notice, which is filed with the Clerk of the Circuit
Court in the county where the work will be performed. The notice should not be
recorded before the construction or development mortgage is recorded, but must be
recorded before actual construction begins. It contains detailed information on the
property owner, financing arrangements, and other specifics regarding the construction
project. If a performance bond is to be posted, a copy of the bond must be attached to the
“Notice of Commencement”.
The owners’ responsibility – Before any construction begins, and after the construction
mortgage has been recorded, the owner should take the following steps:
At the time application is made for a building permit, a “Notice of Commencement” form
may be created by the Association’s attorney or obtained from an office supply store.
Complete the “Notice of Commencement” form with the required information and retain
a certified copy.
After the building permit is issued, record the Notice of commencement with the Clerk of
the Circuit Court in the county where the work
will be performed. If a performance bond is to be posted, a copy of the bond must be
attached at the time of, or prior to, recordation of the “Notice of Commencement”.
Post the certified copy of the “Notice of Commencement” at the job site. There is no
requirement to post a copy of the bond at the construction site.
An owner’s failure to comply with these requirements could affect title to your property.
When can a lien be filed against your property? – There are two instances, which can
3. result in a lien being filed against your property: If you fail to pay your contractor for
work performed, your property can be subject to a Mechanics’ Lien filed by the
contractor.
If a laborer, subcontractor, or a person supplying materials to your property is not paid
and has given you a “Notice to Owner” and your contractor fails to pay laborers,
subcontractor, or material man, they can file a Mechanics Lien against your property. A
“Notice to Owner” is a written statement that gives you the name, address, and
description of the work to be done by the subcontractor or material man. The steps to
protect the association may seem to be very involved but by following the Florida
Mechanics’ Lien Law, the association will be protected from loss and potential delays in
having any sales/transfers take place.
ESSENTIALS OF SERVICE CONTRACT
Contracts for goods, services and repairs are a common occurrence for community
associations. Yet, even with this common occurrence, there are always problems and
disputes that are associated with a contract. Many times, the contracts do not spell out
enough of the details that are essential in a fair agreement. In all cases, the association's
attorney should review all details and contracts prior to the association executing a
contract.
By taking your time and making sure that the following elements are integrated into any
contract that the association enters into, it should help to eliminate many of the common
problems associated with service contracts.
1. Changes to the contract, should be spelled out as to how they will be handled, how
they will be executed and paid for by the parties involved with the contract.
2. Who is the point of contact for the parties involved? This should be spelled out in
order to eliminate people not in power from interfering.
3. Any details that will help to delineate exactly what should maintained or repaired
should be included as an exhibit to the contract. This would include any pictures, maps,
photos and drawings helping to clarify the written word.
4. How will any disputes be handled. Will they be addressed through litigation or
arbitration? How will pay for the expense of this procedure?
5. Proof of insurance should be provided in a prescribed form prior to any work being
performed. Also, as a precaution, the association should be named as an additional
named insured in order to be notified immediately of any change of status in the
contractors/vendors insurance status.
4. 6. Both the contractors and association's responsibilities should be spelled out in detail.
This may include a minimum amount of men or equipment that is required to be on the
job. Maybe it includes certain times and days that the association must allow the
contractor on the property or certain preparation that the association perform prior to the
contractor starting their work.
7. The contract should provide details and specifications in enough detail in order for the
work to be accomplished to both parties satisfaction. This would also spell out any
alternates to the work being performed in cases there could any delays in materials.
8. There should always be a start date and a completion date stated in the contract and
what the penalties would be to either party if there was a problem with the start or end
performance.
9. The termination of the contract should always be defined by both parties and made a
part of the contract.
10. The terms of the contract should always be spelled out and defined. This would
include any billing procedures, when any payments are to be made and when any extras
to the contract should be billed and paid.
11. All warranties should detailed and spelled out and agreed to. In addition, how
quickly will the warranty work be performed. How should the warranty item be declared
to the contractor. Any manufacturer warranty information should also be attached.
By addressing the above issues and agreeing to the various items with your contractor, an
association can eliminate most of the potential problems in your next service contract.
RETHINK HURRICANE PREPAREDNESS
In the wake of Hurricane Charley, Frances and Ivan, we need to rethink our preparedness
for hurricane and other major emergencies. Associations, local governments,
management companies, sub-contractors, suppliers and other professionals related to
community associations, need to realize that whatever plans that we had in place for
emergencies was inadequate. This is especially true for multiple storms and/or slow-
moving storms that cause destruction in large areas that will overload the resources of the
public and private sectors in terms of preparedness and post-storm clean-up.
Within days of the passing of Hurricane Frances, we saw many associations that
sustained roof, structural, common area and landscape damages. For the most part,
associations were not prepared for damages and
most are not prepared for the resultant costs that now accompany the post-storm clean-
up.
5. Due to the lack of budgeting for emergency funds and storm clean-up funds, many
associations will now have to resort to emergency special assessments, deplete any
savings that may be on hand or borrow from banks to help accomplish the clean-up and
repairs.
If the damage to your association was covered under your Windstorm Policy, most
associations do not have the funds and/or made provisions to have the funds to make up
the 2% Windstorm Deductible. These funds will also have to be made up in some
fashion that was not budgeted.
Recently, the National Weather Service predicted that we have entered into a period of
“Above Normal Hurricane Activity.” If this is true, and it seems to be, we need to begin
to make preparations and provisions for this future heightened activity in terms of
planning and budgeting. In most cases, this will require increases in future maintenance
assessments and reserve funding.
It may make sense to hire structural engineers to evaluate and survey your buildings and
common elements and make recommendations concerning their ability to withstand
various strength hurricanes. Are there items and elements that can be changed, altered or
retrofitted to strengthen your building and structures? Have the engineer recommend and
evaluate these items and then act upon them, as they may help to lessen any future
damages and expenses.
To begin preparing, we need to educate our Membership on the realistic costs on the
planning for, actual preparation of a storm and then for the cost of the post-storm clean-
up. Begin including in your operating budgets or your reserves for the following items:
Pre storm labor
Pre storm tree trimming
Post storm labor
Post storm tree trimming & removal
Storm repairs
Repair items not covered under the “deductible”
(If not included in the Operating Budget, then establish Reserves for these items)
We recommend that associations have reserves for these items. After the reserve is in
place, if we have a season without a hurricane, the reserve would not have to be funded
until they were used. Whereas, if these items are included in the operating portion of the
budget, they need to be included year after year. What happens if the funds are not
expended? Will this create a surplus that needs to be returned to the owners? By this
method, you have defeated the purpose of saving for an emergency and having the funds
available immediately.
After Hurricane Frances many associations have been unable to get contractors to
respond to their needs quickly. Should an association have emergency equipment, chain
6. saws available and supplies on hand to protect their residents and common elements,
etc.? Prior to the hurricane season, should the association have contractors “on staff” or
“on retainer” in order to ensure that they will show up and respond quickly in the
preparation of a storm and in the aftermath of a hurricane? This list of contractors would
include roofers, electricians, plumbers, landscapers, tree trimmers, HVAC, irrigation and
labor. Other contractors might include screen, railing and gutter contractors, pool, glass,
sign, awning companies, elevator, generator and pump contractors. When hiring or
considering a contractor or professional consultant for your association, it might be wise
to inquire about their emergency preparedness plans. Do these contractors have the
resources and labor to handle a situation like Frances? If they will not be able to respond
to or be available prior to a storm, or after the storm how can help you’re your
association? At least choose the contractor that also has a plan in place to respond to
your needs.
Finally, if associations are unable to or are unwilling to budget for these expenses, then at
least set up a Line-Of-Credit with your bank, that could be used in case of an emergency.
In this way you can respond quickly to an emergency without having a special
assessment that is not only time consuming, but at that point-in-time, difficult for many to
fund. Have credit cards for Home Depot or Lowes available for
supplies and materials for immediate repairs. Have accounts set up with labor
companies, whereby you can call for day labor and pay later. Prepare for the worst and
hope for the best. But overall, be prepared as well as possible.
We need to begin to prepare, plan and save for emergencies, especially for future
heightened hurricane activity or be prepared to suffer the consequences and costs of
being complacent. We all know now what we have to do in the future, it is the right thing
to do in order to secure our homes, protect our investments and our way of life without
too many disruptions.
01-01-06