Florida ROC : Florida Mobile Home & RV Lawyer & Attorney : Scott Gordon : Lutz Bobo Telfair Eastman Gabel & Lee Law Firm : FL Condo & Homeowners Associations

I'm posting links for my blog readers to two articles from last Sunday's Sarasota Herald -Tribune and a story that was summarized in a recent edition of the Florida Manufactured Housing Association's newsletter.

• The first article from the Herald-Tribune focuses on the tragic consequences of an accident involving a golf cart.  I've covered this topic in the past but I remain very concerned that many residents in the communities we work with still do not understand that golf carts are vehicles and not toys. 
• With one hurricane (and the third named storm) spinning in the Eastern Pacific and several systems having already been investigated in the Atlantic, the second article in Sunday's Herald-Tribune is extremely timely.   It details the devastating effects of storm surge, which causes more deaths than any other feature of a hurricane.
• The battle being fought between neighbors at the Americana Cove manufactured housing community in Pinellas County is the subject of the third article from the St. Petersburg Times.   We've spoken at our seminars on many occasions about the issues facing the residents at Americana and there are no easy answers in this situation.

We'll get back to discussing how Senate Bill 1196 will impact resident-owned communities in my next entry.    In the meantime, I hope you find these articles interesting and informative.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The National Oceanic and Atmospheric Administration (NOAA) just issued its predictions for the upcoming hurricane season, which begins June 1.

If NOAA's forecast is correct, we'll have a very busy summer tracking storms in the Gulf and the Atlantic:

According to NOAA, there is a seventy per cent chance of the following:

• 14 to 23 named storms (either tropical storms with top winds of at least 39 miles per hour or hurricanes)
• 8 to 14 of those storms will reach hurricane status (with top winds of at least 74 miles per hour)
• Of those 8 to 14 hurricanes, 3 to 7 will become major hurricanes (with top winds of at least 111 miles per hour)

I've posted on hurricane preparedness before but this is certainly a good time for ROC managers and board members to review their existing hurricane preparedness plans and to remind their residents (snowbirds and full-timers alike) of a few important points:

• Residents should not wait until the last minute to evacuate their communities--especially those in need of special care or with pets
• Do not leave lawn chairs, tables, etc. outside when a storm is on the way.  Anything that can become a projectile should be brought inside or be otherwise safely secured.
• A mandatory evacuation order means just that: evacuate your community.  Unless your clubhouse is a Red Cross certified storm shelter, it should not in any event be used to "ride out" the storm.
• Make sure all contact information for residents is readily available
• Appoint one or two "full time"residents (not the manager) to serve as the "information centers" in the event that a storm hits the community.  All residents should be advised to contact these residents rather than the manager or other board members for updates on conditions at the community.   The manager and the other board members will have their hands full in dealing with the challenges facing any community in the aftermath of a storm.

We all hope that this hurricane season will be as quiet and uneventful as last year's but, as always, taking the proper steps to prepare for the worst is the best course of action for managers, board members and residents in our communities. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I want to bring two recent items to the attention of my blog readers.   I've touched on one of the items in a past entry and thought the other item was extremely important.

I've covered the issues raised by golf carts in resident-owned communities in an earlier post.   As those of you that attended our most recent ROC seminar presentations know, golf cart owners may be unpleasantly surprised to discover that their automobile insurance does not cover injuries or damages caused by or to their golf carts.   My earlier post dealt with safety issues and stressed that ROC boards and managers should remind the residents in their communities that golf carts must not be treated as toys and must be used with great care.

I was saddened, but not surprised, to hear that a six year old child in the Lakeland area died this week as a result of injuries she suffered in a golf cart accident.  It might not be a bad idea to post one of the news reports about this tragic death on the bulletin board in your community to remind all residents that great care must always be used in operating golf carts.

I have to confess that I've never watched Oprah Winfrey's show.  However, she wrote a short piece that appeared in last Sunday's edition of the New York Times and I highly recommend that this column also be posted on the community bulletin board.   I intend to explore how ROC boards, managers (and their attorneys) are all feeling the stress of having to instantly respond to complaints and concerns of residents in a future entry.   For the time being, however, I suggest that we all consider Ms. Winfrey's message about the dangers of  "multi-tasking"--especially texting and using our cell phones while driving--a well-intentioned warning to concentrate on the most important task at hand when driving--whether that be a golf cart, sports car, or mini-van. 

That task, of course, is to arrive safely at our destination--whether around the corner or on the other side of the country.

As I post this entry, Senate Bill 1196 has been approved by both houses of the Florida Legislature and has been sent to the Governor for his signature.  I'll let you know if and when he signs the bill and what that means for ROCs in future blog entries.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

Board members and managers in resident-owned condominiums and cooperatives may recall that tucked away in Chapters 718 and 719 of the Florida Statutes are several provisions that require associations to "retrofit" their "common areas" with handrails or guardrails and fire sprinkler systems or other "engineered life safety" systems.   The statutes provide that these retrofitting requirements may be waived by the members of associations where the common areas are not in a "high rise building," which is defined as "a building that is greater than 75 feet in height where the building height is measured from the lowest level of fire department access to the floor of the highest occupiable story".

ROC board members should note that even if a community does not have a "high-rise building" the members must still waive the retrofitting requirements.   The voting procedures differ for the waiver of the two different types of retrofitting:

• Florida Statutes Sections 719.1055(5) and 718.112(2)(l) allow for limited proxies, ballots personally cast at a duly called meeting of the members, or a member's written consent to be used in a vote to waive the requirement to retrofit a fire sprinkler system or other engineered life safety system.
• However, according to Florida Statutes Sections 719.1055(6) and 718.1085(1), neither limited nor general proxies can be used for a vote to forego retrofitting for handrails or guardrails.  This vote must be made in person at a duly called membership meeting or by execution of a written consent by that member.

The decisions to waive or forego these retrofitting requirements become effective upon the recording of a certificate attesting to such vote in the county where the ROC is located.  The association also must notify the members of the decision to forego retrofitting after the vote--within 30 days after the vote to waive the sprinkler system retrofitting and within 20 days after the vote to forego the handrail retrofitting.

Since the statutes provide that the local authorities that would have jurisdiction over the community buildings cannot require retrofitting of the common areas until the end of 2014, ROCs still have a few years to plan and schedule the membership meeting where these votes will occur.  

Just something to keep in mind during the "off season".  

• Email This
• Print
• Comments (2)
• Trackbacks
• Share Link

The managers and board members in the communities we work with have been faced with some rather interesting situations during the past few months.   Here's a sampling--see if you can guess what they have in common:

• A ROC manager receives a frantic call from one of the residents in her community about  another resident who wandering up and down one of the streets in the community waving a machete.   
• A board member wants to stop cars that she feels are speeding in her community and tell the drivers that they are violating the rules and regulations in her community.
• Another community is about to begin a substantial renovation of its clubhouse and one of its board members would like to be appointed as the "project supervisor" to oversee the general contractor and all of the work.
• Several board members in another community are convinced that a resident requesting to have a pet reside with her as a "reasonable accommodation" for her disability is not disabled and have stated that they will vote against granting the resident's request even if she provides the board with a statement from her treating physician verifying the disability and the need for the accommodation.

In each of these situations, ROC managers or Board members are being asked to or are volunteering to step well outside the scope of their  "job descriptions".   Neither  managers nor board members have the training nor should they attempt to disarm someone waving a machete, as that situation clearly calls for the local law enforcement authorities.   Likewise, even if a board member can be certain that someone is exceeding the speed limit in the community, the  appropriate action is to positively identify the vehicle and report the incident to the manager or, in certain circumstances, the police or sheriff's department.

While it's common for the community manager and one or more residents that have been appointed by the board to serve in an advisory capacity or as a "go between" with the general contractor and other professionals involved in a major community project, even if a board member has the qualifications (including any required licenses) to supervise the project, why would the association want to put itself in the position of being a defendant in a lawsuit filed as a result of damage or injury that occurs as a result of defective workmanship?    I have no doubt that the association would be sued on the grounds that one of its board members was supervising the project but I do have doubts that the association's insurance would protect the association in this situation--precisely because the association allowed its board member to act outside of a board member's "job description".  Also, what if the association is unhappy with the board member's performance as the supervisor--how comfortable will be other board members and the other residents in the community be if the board has to terminate their fellow board member's employment?

Finally, numerous court decisions involving Fair Housing Laws make it very clear that allowing board members to "play doctor" and substitute their judgment for that of trained health care professionals is a prescription for disaster.  While the association's board is entitled to request documentation to establish the basis for a resident's request for a "reasonable accommodation," once that documentation has been presented, a failure to make that "reasonable accommodation" may have serious and adverse financial implications for the community. 

ROC managers and board members have more than enough work within their "job descriptions" to keep them busy.   The community that allows or encourages its manager or board members to step outside of those "job descriptions" does so at its own peril.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

I had an interesting discussion about bees with a ROC manager last month while visiting one of the communities we represent in Manatee County.   The manager had attended a presentation on the "Africanized Honey Bee" (also referred to as the "Killer Bee"), a much nastier and far more dangerous "cousin" of the European Honey Bees that have lived in Florida for many years.   Unfortunately, the Africanized Honey Bee has now infiltrated almost all of the east coast of Florida from Palm Beach County south.   The most heavily populated areas for these "killer bees" on Florida's west coast are currently Hillsborough, Pinellas and Lee Counties with a smaller population being found in Sarasota and Manatee Counties.  It's predicted that within the next five to ten years Africanized Honey Bees will have spread throughout the entire area of the state south of Interstate 4.

Here are just a few of the more sobering aspects of the invasion of these "killer bees":

• European Honey Bees will send out a few bees that may only hit a person that approaches their hive as a warning if these bees feel threatened.   These bees may swarm and sting if they still feel threatened.   However, the Africanized Honey Bee may feel threatened if a person gets within 150 yards of their hive--and, while they may only send out a few bees to investigate, if they still feel threatened (and remember, this may be at a distance of more than a football field from the hive!), the person may find himself under attack by at least one-third of the hive--or a minimum of 1,000 bees.
• Any general commotion (such as lawn mowers or edgers, radios, sirens, loud talking,  or children playing) may be viewed as a threat to the hive and once the "killer bees" begin their attack, unless and until the perceived "threat" gets at least 300 yards away from the hive, the attack will continue. If the victim dives into a pool or other body of water to escape the attack, the bees will simply wait for the victim to come up for air and start stinging again, even though a bee will die approximately sixty seconds after stinging its victim.
• These bees can fly at a speed of approximately 12 miles per hour, which is faster than most children or seniors can run.   If a victim is able to take cover in a car, home, shed, or other shelter, the bees may, again, simply wait for the victim to leave that protected area to recommence the attack and the hive may not return to normal for approximately twenty-four hours after the "killer bees" first perceive the threat.

The community's manager referred me to the University of Florida's Africanized Honey Bee website and I'd suggest that ROC managers and board members visit this site as it contains additional important information.

An attack by what might very well have been a swarm of these "killer bees" was brought to my attention by the manager of a community in Lee County during my visit there earlier this month.   Check out the article from the Fort Myers News Press and in particular the victim's unsuccessful attempt to escape the bees by diving into a body of water as well as an ingenious approach to solving the Africanized Honey Bee problem.

Apparently, these bees prefer to build their hives under mobile homes (obviously an unfortunate choice for many ROCs), temporary buildings, live and dead trees, logs, certain pieces of playground equipment, holes, bird houses, abandoned vehicles, eaves and soffit areas of homes and even in patio furniture.  Hives can reach five to ten gallons in size and potential victims obviously include lawn crews and landscapers, but these "killer bees" may view any person or pet coming too close to their hive as a threat.

If a hive of bees is discovered in your community, I'd suggest that the ROC manager or an authorized board member contact a pest control company trained to handle bee removal and let the experts (not the board or the manager or one of the community volunteers) get rid of the hive and the bees.   

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I've received two calls this month about golf cart accidents in resident owned communities.             

The first call was from a resident who had been given my name at the office at one of the ROCs we represent.   This resident told me that he was attending a private function in the ROC's clubhouse and drove his golf cart to that event.   He parked the cart by the clubhouse but left his keys in the cart--and, while he was in the clubhouse, another resident's grandson started the cart and ran into another child.   According to the caller, he didn't think the child's injuries were severe, but was nonetheless concerned about his potential liability.   I advised him that, because our firm represented the ROC, I could only suggest that he find another attorney and contact his insurance carrier.  I then contacted the ROC's manager to confirm that the event was not sponsored by the ROC and suggested that the ROC advise its insurance agent about the incident just to be safe.

The second call was from several officers of another ROC I've worked with for almost fifteen years.  The ROC's President was clearly upset as he told me that one of the community's residents had been killed and several others injured the day before in a golf cart accident.  This horrible incident occurred in the community and these officers wondered whether it made sense for the board to pass a rule requiring that all residents with golf carts provide the ROC office with proof of insurance covering their carts.  While I advised these officers that such a rule might create more problems than solutions for their community (for reasons I'll explain in an entry within the next few weeks), I told them  to immediately contact the ROC's insurance agent about the accident, even though the golf cart was not owned by the ROC nor driven by either a member of the ROC board or an employee of the ROC.

Golf carts function as "second cars" for many residents in ROCs and it's common to see drivers of almost all ages seated behind the steering wheel of these vehicles.   We tend to forget that golf carts are not "toys" and that severe injury or death can result from golf cart accidents.   I found an  entry in another Florida law blog that focused on the increase in golf cart accidents over the past few years and I recommend it to ROC managers and board members.

What can ROC managers and board members do to minimize the chances of golf cart accidents in their communities?  

Here are a few suggestions:

• Is your insurance agent able to speak about golf cart safety?  How about someone from your local law enforcement agency?   If so, invite them to speak at one of your community's regular coffees or other well-attended social events.
• If your community doesn't already have rules prohibiting children driving golf carts, or at least requiring an adult to be in the cart with them when they are driving and prohibiting children under a certain age from driving carts, consider passing such a rule or revising your current rules if needed.   Note that Florida's statute  governing the operation of golf carts provides that a person must be at least 14 years old to operate a golf cart on a "public road or street" and that local municipalities are permitted to pass laws governing the operation of golf carts that are more restrictive than the state's requirements.
• Rules can also be amended or added to encourage all golf cart owners to obtain and maintain golf cart insurance.
• ROCs should also consider requiring golf cart owners to register their carts with the office, obey posted speed limits, and remove the keys from the cart when the cart is parked or otherwise not in use.
• Finally, I'd suggest posting this entry and the other blog entry I mentioned above on the community bulletin board and keeping the entries there for the next few months so your "snowbirds" can read them when they return.

Any golf cart accident, particularly one that causes injury or death, is one too many.  Let's all do our best to educate ROC members and guests that golf carts are not "toys" and must be operated properly and safely.

• Email This
• Print
• Comments
• Trackbacks
• Share Link