Florida’s population grows, but not enough to overcome New York

BY KATHLEEN MCGRORY

KMCGRORY@MIAMIHERALD.COM

A day after the New York Jets handed the Miami Dolphins a season-ending loss on the gridiron, New York beat Florida - again.

On Monday, the U.S. Census Bureau announced that New York had narrowly held onto the title of third-most populous state in the nation.

Some demographers had predicted that rapidly growing Florida would overcome New York and slip into the third-place spot this year. But population estimates released Monday put the Empire State ahead of Florida by a mere 98,267 people.

That isn’t to say that Florida won’t eclipse New York soon -- in terms of population, anyway.

The Sunshine State (population 19.6 million) has been growing at 3.75 percent since 2010, according to the latest Census data.

New York grew 1.3 percent over the same time period.

“It’s quite clear that Florida, in terms of overall population, is going to overtake New York,” Ira Sheskin, who chairs the Department of Geography and Regional Studies the University of Miami. “It won’t take much longer.”

Experts say the disparity in growth is the result of domestic migration patterns.

Both states have received a steady stream of immigrants, said Stan Smith, of the Bureau of Economic and Business Research at the University of Florida.

“But in terms of [domestic] migration, more people leave New York than move into New York,” Smith said.

Florida, meanwhile, has long been a haven for retirees, families and New Yorkers seeking an escape from the cold weather.

One benefit of Florida's current pace of growth could be additional representation in Congress, Smith said.

“The ranking itself doesn’t mean much, other than the likely shift in congressional seats following the 2020 census,” he said.

Population changes gave Florida two additional seats in 2010. New York lost two seats that year.

Monday’s Census Bureau release included only state-level population estimates.

The largest states were California (38.3 million) and Texas (26.5 million), according to the data.

Wyoming claimed the title of least-populous state with just 582,658 people.

Just two states experienced population declines: Maine and West Virginia.

Source: http://www.miamiherald.com/

Read more here: http://www.miamiherald.com/2013/12/30/3844068/floridas-population-grows-but.html#storylink=cpy

Florida State - Election Monitor (Monitor de Elecciones)

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December 27, 2013

Board of Directors

Pavilion Condominium Association of Miami Beach

Attn: Mike Pintado – CAM

5601 Collins Ave – CU10

Miami Beach, FL 33140

RE: Notice of Receipt of Petition for Appointment of an election Monitor and Notice of Appointment of an Election Monitor

Dear Board of Directors:

You are hereby notified that I have received a Petition for Appointment of an Election Monitor (copy enclosed) which I have determined to be complete and sufficient.  Further, pursuant to the provisions of s. 718.5012(10), Florida Statutes and Rule 61B-23.00215, Florida Administrative Code, I have appointed Diana Zayas-Bazan to serve as election monitor, to attend and conduct the election of directors at your association’s annual meeting.  The election monitor will contact you in advance of the election date.  Please plan to provide the election monitor with a current list of qualified voters as well as all voting certificates on file.

Please be advised that according to Florida law, all costs associated with the election monitoring process shall be paid by the association.  The monitor may require the association to pre-pay all or part of the reasonable fees and costs.

In the event you have any questions, please do not hesitate to call me.

Thank you in advance for your anticipated cooperation.

Sincerely,

Bruce A. Campbell

Condominium Ombudsman

cc: Diana Zayas-Bazan

Enclosure: Petition for Appointment of Election Monitor

View Original: http://iPavilionCondo.com 

E S P A Ñ O L 

27 de Didiembre 2013

Junta Directiva

Pavilion Condominium Association of Miami Beach

A la atención de: Mike Pintado - CAM

5601 Collins Ave - 10 um

Miami Beach, FL 33140

RE: Aviso de recibo de la petición de nombramiento de un monitor de la elección y notificación de designación de un observador electoral

Estimada Junta Directiva:

Se le notifica que he recibido una petición de designación de un monitor de Elecciones (copia adjunta), que he determinado  ser completa y suficiente. Además, según con lo dispuesto en el s. 718.5012 (10), Estatutos de la Florida y la Regla 61B-23.00215, Código Administrativo de la Florida, he nombrado a Diana Zayas-Bazan para servir como monitora electoral, para asistir y llevar a cabo la elección de directores en la reunión anual de su asociación. La monitora electoral se pondrá en contacto con usted antes de la fecha de las elecciones. Por favor haga planes para proporcionar el observador electoral con una lista actualizada de los votantes calificados, así como todos los certificados de votación registrado en la asociación.

Tenga en cuenta que de acuerdo con la ley de Florida, todos los costos asociados con el proceso de supervisión de las elecciones deberán ser pagados por la asociación. El monitor puede requerir a la asociación pagar por adelantado la totalidad o parte de los honorarios y costos razonables.

En el caso de que usted tiene alguna pregunta, por favor no dude en llamarme.

Gracias de antemano por su cooperación prevista.

Atentamente,

Bruce A. Campbell

Condominio Ombudsman

cc: Diana Zayas-Bazan

Adjunto  Petición para nombrar al Monitor de Elección

                                                     Ver Original: http://iPavilionCondo.com

“Dunning Lists” Should Not Be Published By Associations For Late Assessments

Question: Is it legal for a condominium association publicly post the names and unit numbers of homeowners who are late on their assessment payments? M.V. (via e-mail) 

Answer: In my opinion, no. Chapter 559.72(14) of the Florida Statutes, known as the Florida Consumer Collection Practices Act, generally prohibits the publication of “dunning lists.”

However, the underlying documentation involving the delinquencies (such as account ledgers, records of payments, recorded liens, and the like) are part of the “official records” of the association, which any unit owner is entitled to inspect and copy.

In other words, unit owners have the right to get this information, but the association should not volunteer it, and certainly should not try to “shame” people into paying, as that will backfire.

Source Document: http://www.floridacondohoalawblog.com

Conflict of Interest?

HAVE I GOT A DEAL FOR YOU

By Eric Glazer, Esq.

Published December 16, 2013

We all know that in both a condo and an HOA board members serve without compensation.  Suppose however that a member of the Board owns a business and that business wants to enter into a contract with the association?  For example, let's say the condominium needs a paint job.  The condo President is a general contractor and his company is qualified to do the work.  The President tells the other Board members that the association should hire his company to do the job because he will give them the best price, he will personally supervise the job, he will provide the standard warranties and his company is licensed, insured and will pull the proper permits.  Can the Board vote to hire the services of the company owned by the association President?  The answer is "Yes" but only if certain legal hurdles are accomplished first.

            Both Florida condominium and H.O.A. law would allow the association to enter into this agreement.  First however:

(a) The association shall comply with the requirements of s. 617.0832, meaning the contract and the relationship must be disclosed;

(b) The disclosure shall be entered into the written minutes of the meeting.

(c) Approval of the contract or other transaction shall require an affirmative vote of two-thirds of the directors present.

(d) At the next regular or special meeting of the members, the existence of the contract or other transaction shall be disclosed to the members. Upon motion of any member, the contract or transaction shall be brought up for a vote and may be canceled by a majority vote of the members present. Should the members cancel the contract, the association shall only be liable for the reasonable value of goods and services provided up to the time of cancellation and shall not be liable for any termination fee, liquidated damages, or other form of penalty for such cancellation.

            I know that some of you may think it's simply a bad idea to hire the services of a company owned by one of the directors.  I can't say I agree. If the Board member's company is reputable, the association is getting a good deal and the statute is complied with, perhaps it can work out well for the association.  I would love to know if any of you had positive or negative experiences in this regard.

View Source: http://www.hoa-condoblog.com/

This blog does not belong nor represents the views of the Pavilon Condo Association

Este blog no pertenece ni representa la opinión del Pavilon Condo Association

Know your Florida Statutes-Ombudsman

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718.5012 Ombudsman; powers and duties.—The ombudsman shall have the powers that are necessary to carry out the duties of his or her office, including the following specific powers:

(1) To have access to and use of all files and records of the division.

(2) To employ professional and clerical staff as necessary for the efficient operation of the office.

(3) To prepare and issue reports and recommendations to the Governor, the department, the division, the Advisory Council on Condominiums, the President of the Senate, and the Speaker of the House of Representatives on any matter or subject within the jurisdiction of the division. The ombudsman shall make recommendations he or she deems appropriate for legislation relative to division procedures, rules, jurisdiction, personnel, and functions.

(4) To act as liaison between the division, unit owners, boards of directors, board members, community association managers, and other affected parties. The ombudsman shall develop policies and procedures to assist unit owners, boards of directors, board members, community association managers, and other affected parties to understand their rights and responsibilities as set forth in this chapter and the condominium documents governing their respective association. The ombudsman shall coordinate and assist in the preparation and adoption of educational and reference material, and shall endeavor to coordinate with private or volunteer providers of these services, so that the availability of these resources is made known to the largest possible audience.

(5) To monitor and review procedures and disputes concerning condominium elections or meetings, including, but not limited to, recommending that the division pursue enforcement action in any manner where there is reasonable cause to believe that election misconduct has occurred.

(6) To make recommendations to the division for changes in rules and procedures for the filing, investigation, and resolution of complaints filed by unit owners, associations, and managers.

(7) To provide resources to assist members of boards of directors and officers of associations to carry out their powers and duties consistent with this chapter, division rules, and the condominium documents governing the association.

(8) To encourage and facilitate voluntary meetings with and between unit owners, boards of directors, board members, community association managers, and other affected parties when the meetings may assist in resolving a dispute within a community association before a person submits a dispute for a formal or administrative remedy. It is the intent of the Legislature that the ombudsman act as a neutral resource for both the rights and responsibilities of unit owners, associations, and board members.

(9) To assist with the resolution of disputes between unit owners and the association or between unit owners when the dispute is not within the jurisdiction of the division to resolve.

(10) Fifteen percent of the total voting interests in a condominium association, or six unit owners, whichever is greater, may petition the ombudsman to appoint an election monitor to attend the annual meeting of the unit owners and conduct the election of directors. The ombudsman shall appoint a division employee, a person or persons specializing in condominium election monitoring, or an attorney licensed to practice in this state as the election monitor. All costs associated with the election monitoring process shall be paid by the association. The division shall adopt a rule establishing procedures for the appointment of election monitors and the scope and extent of the monitor’s role in the election process.

Read More: http://www.flsenate.gov/

This blog does not belong nor represents the views of the Pavilon Condo Association

Este blog no pertenece ni representa la opinión del Pavilon Condo Association

DO COMMUNITY ASSOCIATION MANAGERS GET AWAY WITH MURDER?

By Eric Glazer, Esq.

Chapter 468 of The Florida Statutes contains numerous provisions about how community association managers get disciplined by the Department of Business and Professional Regulation.  This year, The Florida Legislature amended Florida law to allow community association managers to get disciplined if they violate  the Florida condominium, co-op or HOA statutes.  The Florida Supreme Court is due to hand down a decision which may consider some of the normal duties of a community association manager to be the unauthorized practice of law.  Two years ago, licensed managers almost lost their profession when there was an attempt to deregulate them, now there's an effort to regulate everything they do.  Hey managers!  You are on the radar. 

Why is it then that there is at least a perception that community association managers can do whatever they want with little or no fear of actually losing their license or even being suspended?

  

I have come in contact one way or another with thousands of community association managers over my career.  In very few circumstances have I felt that there was a clear case of discipline warranted against a community association manager.  The exceptions were when I proved at trial that the manager deliberately threw an election, or when it became clear that the manager stole cash payments from unit owners that should have gone into the association's bank account.  Failing to turn over the association's official records after being terminated is also something that deserves discipline.

  

So, what's your take?  Can community association managers get away with murder?  Or, is the probability of CAM discipline just about the same as the probability of discipline against the association attorney, board members or other vendors that work for the association? 

View Source: http://www.hoa-condoblog.com/

Balconies - After and Before

After

December 8th 2013

Before

November 23rd 2013

Click Here to view Pictures: http://iPavilionCondo.com

HOLIDAY DECORATIONS --- WHAT ARE THE LIMITS?

By Eric Glazer, Esq.

Published December 2, 2013

  

Now that Thanksgiving is over, there's a race to get those Christmas decorations up.  It's no longer too early to start.  Twinkle the lights, plug-in the blow-ups, put up the signs, sprinkle the lawn with fake snow, place reindeer in the driveway and most of all, get in the holiday spirit.    Your house looks great!  Just one thing…….you've gone too far and your Board says it all has to come down.

  

Freedom of religious expression you say?  Well,  the law in Florida regarding religious displays in your condominium is clear.  It was passed a few years ago to combat boards who wanted owners to remove mezuzahs and crosses from their front door, because these Boards claimed that they wanted all doors in the community to look uniform. Then………….based on a law that first went  into effect in Illinois, the Florida Legislature passed a condo law that states:  An association may not refuse the request of a unit owner for a reasonable accommodation for the attachment on the mantel or frame of the door of the unit owner of a religious object not to exceed 3 inches wide, 6 inches high, and 1.5 inches deep.

  

If you look at the law carefully, it allows you to display a religious symbol on the frame or mantle of the door only; not on the actual door itself. Obviously, it also limits the size of what you can actually display.  That's all it allows.  A unit owner in a condo still does not have a right to put a big picture of Santa and his elves on their front door, only a small religious symbol on the door frame or mantle. 

   

That's more rights than HOA owners have though.  At the moment, there is no law under the HOA statute that gives owners in an HOA the same right to display religious symbols.  Owners living in an HOA need to look at their own declaration of covenants and rules and regulations to find out what they can and cannot do in their own community as far as holiday decorations go.  Be prepared to fill out forms and potentially appear before an architectural review committee. 

  

What's your take?  Should there be restrictions on displaying religious symbols in your condo or HOA?  Should exceptions be made during certain holidays?  Can the exceptions wind up swallowing the rule?  Any horror stories out there of owners being told to take down Santa or Rudolph?  Did you?  Are Scrooges alive and well in our Florida community associations or is the usual bickering put on hold during the holiday season?

Read More: http://www.hoa-condoblog.com/