Homeowners Associations Could Lose Their Statutory Right to Impose Fines

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There are several changes that are being considered during this legislative session which will directly impact HOAs if they become law.  Two of those changes are:

  1. Fines may only be levied if the association was authorized by its original governing documents to impose fines; and
  2. The removal of the provision which allows a lien to be filed if the fine is $1,000 or more.  Thus, an HOA will lose its ability to file a lien for fines.

Currently, 720.305(2) of the Florida Statutes gives HOAs the right to levy reasonable fines of up to $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply withy any provision of the declaration, the association bylaws, or reasonable rules of the association.

If the law is changed so that an association can only impose a fine if its original governing documents authorize it to do so, HOAs will lose a very inexpensive way to enforce its governing documents.  If an association can’t impose a fine, the association will most likely have to turn to the association’s attorney to try to get an owner to comply with the governing documents whether it is by asking the association’s attorney to send a violation letter or to file an injunction to enforce the covenants and restrictions.  Either way, this will increase the association’s costs.

The statute also provides that a fine of less than $1,000 may not become a lien against a parcel.  Many people interpret this to mean that if a fine is more than $1,000, a lien may be imposed.  SB 1348 is proposing to change the law so that an HOA will lose its ability to file a lien for fines regardless of the amount the amount of the fine.

If you oppose this change, contact your local legislatures and voice your opinion before it is too late.

 

Source: SunSentinel

 

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Miami Makes List Of Top 10 Metros With Highest Apartment Occupancy Rates

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Apartment occupancy outlooks are sunny in Florida markets this year, according to a newly released report.

Three metro areas in the Sunshine State have occupancies greater than 95 percent, according to Axiometrics.

Naples, Fla. has 97.5 percent occupancy and leads the country’s top 90 largest metro areas. North Port, Fla. and Miami, Fla. also made the top 10 with 96.4 percent and 95.8 percent, respectively.

The December report, which was released Tuesday by the Dallas-based research firm, notes the national occupancy rate has been above 94 percent since April 2012.

This year is expected to bring more growth to the top performing metro areas, but with less gusto than in 2013, according to the report.

Other notable metro areas with high occupancies include Lansing, Mich. at 97 percent and Santa Rosa, Calif. with 96.9 percent.

Top 10 Metros with Highest Occupancy Rates

1. Naples, Fla. 97.5 percent

2. Lansing, Mich. 97 percent

3. Santa Rosa, Calif. 96.9 percent

4. North Port, Fla. 96.4 percent

5. Providence, R.I. 96.3 percent

6. Nassau, N.Y. 96.3 percent

7. New York City 96.3 percent

8. Minneapolis, Minn. 96 percent

9. Nashville, Tenn. 95.8 percent

10. Miami, Fla. 95.8 percent

 

Source: Multifamily Executive

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Mega-Yacht Marina Sails Ahead

An aging marina on the Miami River is a step closer to being reborn as a haven for mega-yachts, after action last week by the Miami River Commission.

The plan from property owner Homero Meruelo to build a new marina with exclusive enclosed slips for up to 16 mega-yachts floated to quick approval Monday when the commission approved it unanimously.

The high-end project, to be called Miami Mega Yacht Marina, elicited rave reviews from several commission members. A subcommittee of the commission reviewed the site plan Feb. 19 and recommended approval.

Horacio Stuart Aguirre, commission chairman, called the project exciting, interesting and refreshing.

Now, Mr. Meruelo and his team have to work to secure a pile of permits to bring the unique project to fruition. What’s different about this project is that it provides quarters for each yacht captain and crew, with the temporary living quarters looking out over the big boats. “We believe this type of facility does not exist anywhere in the world,” Mr. Meruelo told the commission. He said the planned marina will enhance the river, both aesthetically and economically.

The developer said the project will bring to the Miami River the very sought-after mega-yacht industry, which has gravitated towards Broward and Palm Beach counties.

The site on the south side of the river, at 1583 NW 24th Ave., has been home to a working marina for decades, with some of the structures dating to the 1940s and ’50s. It operates under the name of Brisas del Rio Marina, and is currently licensed for 45 slips.

The project consists of a private marina for 16 mega-yachts approximately 200 feet long. Each slip would be covered and would be provided with covered parking for three vehicles, indoor storage, and quarters for the captain and crew.

Each vessel would also be provided with covered storage for tenders, an owner’s vault for storage of valuables, as well as a flexible space that could house a repair shop, recreational space or additional storage.

Amenities would also include a clubhouse with coffee shop, Internet room, dining area, spa, exercise room, media room and swimming pool. A warehouse/office building would be built for marine-related businesses.

Mr. Meruelo was asked how the new marina would be operated. He said developers have not yet decided whether the slips would be leased to yacht owners or sold on a “condo basis.”

The architectural design was prepared by Antonio Rodriguez-Tellaheche, director of architecture and real estate with HCD Developers based in Doral.

“The existing use is an eyesore,” said Mr. Rodriguez-Tellaheche. “We are very excited about this,” he said, referring to drawings showing the new marina. “We don’t know of a facility like this – anywhere. We believe it’s the beginning of a new era in Miami-Dade County.”

The developer’s team told the commission they have met with the Florida Department of Environmental Protection, Miami-Dade County Department of Environmental Resources Management and the US Army Corps of Engineers, and those agencies were “receptive” to the project.

Susan Engle of Enviro Care, who is working with the developer, said she expects the permitting process to take 8 to 12 months.

The project does call for some dredging of the river, and the removal from the site of some upland soil. They also plan to build a new seawall. They said they will be doing many environmental studies as part of the project, too.

Commission member Sandy Batchelor said the project would add economic dimension to the area and bring new jobs. It would be “a bonus for the city,” she said. “It’s a great project. I’m excited about it. It’s long overdue,” said commission member Richard Durbin. Commission member Phil Everingham called the new marina plan “a breath of fresh air.”

Miami City Commissioner Frank Carollo, also a river commission member, said it is an interesting concept. He said he sees the project as good for the city as a whole, by providing jobs. Mr. Carollo then quizzed the developer on a timetable, noting that others have made promises to the city about building a mega-yacht marina on city-owned land on Watson Island for more than a decade. “It’s going on 12-13 years now and we’re still waiting,” Mr. Carollo said. Mr. Meruelo said he has an extra incentive to see Miami Mega Yacht Marina built. “I own it,” he said of the property. “Fair enough,” Mr. Carollo said.

“We expect completion in the summer of 2015,” said Mr. Meruelo.

 

Source:  Miami Today

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Electric Bill Scam Targets South Florida Homeowners And Businesses

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A scam in which cons call people asking to collect “debt” for the electric bill has moved Miami-Dade police and Florida Power & Light to issue a warning to the public.

Police say there’s been an increase in the scam calls. Similar cases were reported in 2012, said police spokesman Alvaro Zabaleta. “They’ll call you, they’ll identify themselves as FPL employees and try to collect outstanding debt,” Zabaleta said.

The fraudulent callers claim that the victim’s electrical service will be discontinued unless they purchase a prepaid card for amounts ranging from $150 to $500. The scammers then ask for the account and PINs from those cards.

But it’s not only homeowners falling prey to the swindlers. “Lately they’ve been targeting businesses,” Zabaleta said.

Police are reviewing evidence and talking to witnesses, Zabaleta said, but their main focus is to get the word out about the scam. “We want the community to know. Don’t provide any information,” Zabaleta said.

Utility scammers also are hitting Key West customers. Three Key West businesses have reported being targeted by a telephone scam and one, Blossom’s Grocery, is out $1,300.

Keys Energy Services, the Key West-based electric company, is warning customers of a so-called phone spoofing scam. Spokesman Julio Torrado said customers have received phone calls that show up on caller ID as coming from the power company’s main phone number.

“Customers then hear an automated voice alert … to an electrical emergency within their home and the need for a crew to be dispatched,” the utility said. The automated system attempts to capture personal information that can jeopardize the identity of the resident.

Torrado said the Blossom’s incident happened Feb. 15. Faced with what it believed to be a power cutoff threat, store management paid $1,300, although Torrado said he didn’t know with what or to whom.

Miami Subs and Blackfin, a Duval Street restaurant, were also targeted. Miami Subs employee Sean Wright reported the attempted con to Key West Police Officer Thad Calvert on Feb. 11.

Wright said a caller identifying himself as a Keys Energy employee asked for $3,000 to avoid a service interruption and wanted payment by way of six $500 gift cards. Still on the phone with the apparent scammer, Wright called Keys Energy and was alerted to the issue.

If customers are unsure of the authenticity of a call and need to verify its legitimacy, they should hang up and call Keys Energy at 295-1000.

Keys Energy provides service to around 29,000 customers south of the Seven Mile Bridge. It’s overseen by a five-member elected board created in 1965 by the state Legislature.

FPL also urges customers to call the police if they get a suspicious call. Customer can also call the number at the bottom of their FPL bill and report the call to either the Florida Department of Agriculture and Consumer Services (800-435-7352) or the Financial Fraud Enforcement Task Force (stopfraud.gov).

“FPL will never call and ask for credit card info or take prepaid cards as payment. Also, FPL will never ask for any personal information from you unless you initiate the contact,” said FPL spokeswoman Heather Kirkendall.

Customers wary of whether a call or visit is legitimate, should call the utility for verification.

For further information and safety tips visit www.FPL.com/protect.

 

Source: Miami Herald

 

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