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Episode 6: Are your projects at a dead end?

Community Association Matters

Release Date: 05/12/2017

What are fiber optics, the importance of 5G for HOAs and Much More show art What are fiber optics, the importance of 5G for HOAs and Much More

Community Association Matters

This interview with David Ramos from Hotwire provides us with a wealth of education and information. We discussed:

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What to Do Before and After a Hurricane. show art What to Do Before and After a Hurricane.

Community Association Matters

Interview with Francis Fasco and Robb Marsch of Sunflo Roofing. How do you prepare you HOA for a Hurricane? Get tips from a professional roofer on best practices for an HOA before and after a storm.

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Your Questions Regarding the Impact of Coronavirus on Associations Answered show art Your Questions Regarding the Impact of Coronavirus on Associations Answered

Community Association Matters

An Interview with David Iglesias of Iglesias Law Group answering your questions regarding the impact of Coronavirus on associations.

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Is that Alligator an Emotional Support Animal? show art Is that Alligator an Emotional Support Animal?

Community Association Matters

An Interview with Sal Jurado of Jurado Law reviewing the latest guidelines for service and support animals in homeowner and condo associations.

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Hurricane Preparedness 101 show art Hurricane Preparedness 101

Community Association Matters

In 2017, Hurricane Irma came by Florida but luckily it was not a direct hit. Unfortunately, it still caused enough damage to a number of people and property. Though there were policies and procedures issued since this calamity, we as individual homeowners, board members, and associations still need to know what to do to get ready for a hurricane.   In this episode of , Assistant Code Compliance Director Edgard Estrada from the City of Doral explains the things we need to prepare before and after a hurricane hits.   Before the hurricane   Food and water. According to Edgard, 1...

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Can your Association readily file defect claims against developers? show art Can your Association readily file defect claims against developers?

Community Association Matters

What happens when a condominium has a construction defect? A construction defect is a problem in the workmanship or in the materials used to build a structure, which ultimately causes harm to a person or property, usually amounting to huge financial damages.   The common solution for many community associations in this circumstance is to file defect claims against the developer of the condominium. Under Florida law, an association can bring claims against a developer within 10 years from when the original construction was completed.   But filing construction defect claims is not as...

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Does your Association have the correct Collection Policy in place? show art Does your Association have the correct Collection Policy in place?

Community Association Matters

In 2008 Americans experienced the worst financial crisis since the Great Depression of the 1930s. The drop in real estate prices caused tremendous turmoil and had far reaching impacts worldwide.  Banking and insurance institutions closed down; the largest mortgage lender and the largest savings and loan companies crumbled; and the auto industry giants had to be bailed out by the Federal Government.  Hundreds of thousands of people lost their jobs and, in some cases, some lost their entire life’s savings.  The economical outlook was bleak!  It was no different for...

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Is your Association discriminating against persons with an Emotional Support Animal? show art Is your Association discriminating against persons with an Emotional Support Animal?

Community Association Matters

Lets assume your community has a no pet policy.  For years that policy went unchallenged, but now your association finds itself with an accommodation request from an owner for an Emotional Support Animal.  Is your association required to approve that accommodation?  Is it legal for you to ask for additional documentation?  What are the consequences if you deny such a request?  These answers are becoming more common today than they were in the past.  With the improvement in technology, associations are facing challenges to their policies and procedures that were...

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December 31, 2019 is fast approaching!  Do you know why it is significant to your high-rise condominium? show art December 31, 2019 is fast approaching! Do you know why it is significant to your high-rise condominium?

Community Association Matters

  Some time last year in the summer, I turned on CNN, as I typically do to bring myself up to speed with the news.  I was horrified at the video before me; it was showing an apartment building ablaze in London.  According to reports, 79 people perished in that fire and more than 600 residents were impacted by this fire that quickly spread through the 24-story apartment building.  I immediately began thinking, could this happen here. Not only did this incident impact me, it also impacted Florida Governor Rick Scott’s decision to veto Committee Substitute for Committee...

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Thought you knew it all about surety bonds? show art Thought you knew it all about surety bonds?

Community Association Matters

Whenever a community is working on a project, I often wonder whether they will need a Surety Bond.  I have heard they can be expensive and can be complicated to enforce.  At other times, I have heard that they are a must!  I was lucky that Alex Barthet of The Lien Zone was available to help us learn a little bit more about surety bonds. Alex is a partner at Miami Construction Lawyers, which, as its name implies, specializes in construction law.  Alex has been an attorney for almost 20 years and has served as the Chairman of the Miami-Dade Council, Associated Builders and...

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More Episodes

 

During one of our previous podcast and blog, we discussed how to properly vet your vendors to help ensure that you have picked someone reliable and who will execute a timely and professional job for the association.  But who manages the vendor?  Who inspects and creates the punch lists throughout the job?  Who checks up on inspections and the results of those inspections?  In short, who supervises the supervisor?  In the end, the vendor will be the expert and it is imperative that the right company is chosen for the job. 

While Board members and property managers are not project managers, there is a list of things that they can do to help keep the project in question moving along.

  1. Meet with the vendor often to discuss what was completed and what is next.  The vendor should provide to you an understanding of the work, which was just completed and what to expect next.  You should be able to track the work and look for proper workmanship.  Did they clean up after themselves?  Were they timely, did they properly relay any issues to you and offer solutions?  Be wary of constant change orders and it is important you do whatever  you can to keep them honest.  Again, picking a good vendor is paramount.
  2. What inspections will be involved?  Track the inspection by visiting the municipality’s website (time and day if possible) and to view inspection results.  The inspectors will ensure that the follow-up inspections will have corrected deficiencies.  It is highly recommended that you keep a record of those inspections and when they were finalized.
  3. Ensure that you have money on the association’s side.  Whenever possible do not pay the vendor too much in advance.  Too often paying the vendor in advance leads to gaps between phases of work.  In South Florida, we see a high volume of vendors that are more interested in being paid and not as interested in whether they took pride in their work.  Look for vendors who take pride in their punctuality, cleanliness, and workmanship. 
  4. Once you pass final inspection, print it and keep a copy for your records.  You want to have that in your hands prior to releasing any payments.  Sometimes the vendor will press you for final payment prior to passing inspection or prior to providing you with a release of lien. 
  5. Even if you pass final, ensure the vendor has been provided a final punch list of items so those items can be corrected prior or immediately after final inspection passes.  I personally always try to have the punch list provided prior to final inspection so as to give the vendor ample time to correct any deficiencies.  If you pass final and the punch list has still not been cured, I do withhold payment (of course you want to check with the attorney to ensure that you can do this).  A lot of times there is a small 10% retainer built into the vendor and association contract specifically for this reason.  The association attorney would come into play with a review of the contract prior to the commencement and that retainer to ensure that said language has been inserted into the contract.
  6. Ask for a release of lien (if applicable) prior to releasing any final checks.  This is very important.  I have seen associations come to Allied from other management companies and one of the issues they have is that a supplier has filed a lien on the association for lack of payment.  The vendor was paid in full and failed to pay the supplier; this could be done by a roofing material supplier or a painting manufacturer.  The association would then either be involved in litigation or pay the amounts owed to the supplier after all due diligence has been exhausted.  

I strongly recommend that you pay attention to detail along the way so as to avoid surprises.  There will be issues along the way.  Construction is at times unpredictable and unforeseen issues do arise.  Look for all possible alternative solutions and not necessarily the least expensive ones.  The long term success of the project depends much on making the right decisions regarding work order changes, materials used, and how you handle certain construction issues that arise during the project. 

For more information please visit our website www.alliedpropertygroup.net.