What are considered “Official Records” in Florida Condominiums and HOAs?
Question: I am the secretary of my homeowners’ association. In reading the bylaws, I see that I am responsible for making sure that the association maintains all official records. However, our bylaws do not specify what constitutes an “official record.” We just had our annual elections. We now have ballots, and a large number of torn open envelopes. Are these all official records? And, if so, how long do I have to keep them for? J.S. (via e-mail)
Answer: That is a good question. The Florida Condominium Act (Chapter 718 of the Florida Statutes) specifically lists ballots, sign-in sheets, voting proxies, and all other papers relating to voting by unit owners as “official records” which must be maintained for one year from the date of the election/meeting (generally speaking, most records must be kept for seven years).
The Florida Homeowners’ Association Act (Chapter 720 of the Florida Statutes), however, does not mention voting materials used at members’ meetings as part of “official records.” However, the HOA Act does include a “catch all” provision that requires homeowners’ associations to maintain all “written records” not specifically listed in the statute. It is my opinion that ballots and all of the envelopes fall within this definition, and must be kept as official records. Of course, I am assuming your HOA is conducting secret ballot (rather than proxy-based) elections under proper authority in your bylaws, which is one of the most common mistakes I see in homeowners’ association operations.
The HOA Act generally provides that official records must be maintained within the state for seven years unless a different timeframe is provided (for example, bids only need to be kept for one year). Therefore, as odd as it may seem, all of these materials are supposed to be kept for seven years. If there is a management company, their contract usually requires them to oversee this.
Miami-Dade property values surge nearly 9 percent in 2016
Estimates of taxable values at the start of 2016 show Miami-Dade real estate at a new peak, with 8.6 percent growth countywide.
Property values grew 8.6 percent across Miami-Dade at the start of 2016, with real estate values hitting a new record and allowing local governments to reap windfalls in tax revenue for the next budget year.
Every local jurisdiction saw growth in its tax rolls, with North Miami Beach leading the pack at a 16.6 percent gain and Virginia Gardens bringing up the rear with a mere 0.3 percent increase.
The figures also detailed the construction boom unfolding along the county’s coast: Miami Beach added $1.1 billion in new construction at the start of 2016, up from about $270 million in 2015.
While Miami Beach was the leader in new construction in this year, Miami wasn’t far behind at $1 billion. The city added about $490 million of new construction in 2015.
Pedro Garcia, the county’s elected property appraiser, issued a statement touting the numbers as a signal of continued expansion as the real estate market is showing signs of slowing. “The construction boom that is visible across the county has yet to peak,” Garcia said, “and will continue to fuel this growth.”
Property values easily surpassed a forecast of 6.5 percent growth in Miami-Dade’s budget. The countywide gain, combined with an 8.8-percent increase for the county’s unincorporated areas, also will trigger a 4 percent cost-of-living raise for thousands of Miami-Dade’s unionized employees.
The compensation increase was linked to a property-value trigger that Mayor Carlos Gimenez negotiated with five county unions during 2014 labor talks. Should the remaining five unions agree to the same deal during ongoing labor negotiations, the trigger would cost the county’s general operations about $24 million in 2017, according to the budget office.
Crushed by your own condo docs
Cyber Citizens for Justice, Inc.
Article Courtesy of Florida Politics
By Peter Schorsch
By Peter Schorsch
Miami Beach. It’s a world-class tourist destination right here in our backyard. It’s where people go to relax and enjoy beautiful beaches, take in the five-star dining and nightlife, spend their retirement, and invest in real estate with values that have nowhere to go but up.
Unless, that is, you happen to own a unit in the Carillon Miami Beach, a three-tower, beachfront, luxury hotel/condo on Collins Avenue.
Unless, that is, you happen to own a unit in the Carillon Miami Beach, a three-tower, beachfront, luxury hotel/condo on Collins Avenue.
At least, that’s what the condo board of Carillon’s Central Tower is alleging in a lawsuit filed recently in Miami-Dade County’s 11th Judicial Circuit. And before that filing, the board of the South Tower entered a similar, though narrower in scope, complaint against Z Capital, charging a lack of transparency in the condo documents Z is trying to impose on that board.
The Central Tower’s suit is stunning in both the volume and content of its allegations against Z Capital. The board’s attorney, Ron Lowy, of Lowy & Cook, P.A., is nearly 70 pages long, with 16 separate complaints against Z, backed up by 282 allegations. A press release from the Central Tower’s board, sent on May 3, summarizes their suit by claiming Z Capital has, “engaged in an unlawful against … owners” to “artificially drive down property values,” as well as other acts in “clear violation of the Florida Condominium Act.”
The uproar in Carillon’s Central and South Towers (like Westeros, one can speculate that the North will likely join the fray soon enough, too) is far from an isolated incident. El Nuevo Herald and Univision 23 recently shined a light on the endemic issues in South Florida of developers bullying and defrauding condo owners. State Sen. Miguel Diaz de la Portilla has been a leading voice for reform of the state laws that govern condo associations and owners have been rallying in Miami for change.
Among the specific allegations the Central Carillon Board has levied against Z Capital:
The Central Tower’s suit is stunning in both the volume and content of its allegations against Z Capital. The board’s attorney, Ron Lowy, of Lowy & Cook, P.A., is nearly 70 pages long, with 16 separate complaints against Z, backed up by 282 allegations. A press release from the Central Tower’s board, sent on May 3, summarizes their suit by claiming Z Capital has, “engaged in an unlawful against … owners” to “artificially drive down property values,” as well as other acts in “clear violation of the Florida Condominium Act.”
The uproar in Carillon’s Central and South Towers (like Westeros, one can speculate that the North will likely join the fray soon enough, too) is far from an isolated incident. El Nuevo Herald and Univision 23 recently shined a light on the endemic issues in South Florida of developers bullying and defrauding condo owners. State Sen. Miguel Diaz de la Portilla has been a leading voice for reform of the state laws that govern condo associations and owners have been rallying in Miami for change.
Among the specific allegations the Central Carillon Board has levied against Z Capital:
Owners have neither been made privy to contracts Z Capital has executed before, during or after work has been done in the building, refusing to prove that they engaged in a competitive bidding process, or allowing the association to audit their expenditures or have even basic access to records.
This suit may seem like a non-sequitur for FloridaPolitics.com, but this is one to watch.
A revolt is fomenting in South Florida’s condo associations, from small buildings with modestly priced units, to big-name luxury properties like the Carillon.
Another suit, similar to one filed by Central Carillon, was brought by Fontainebleau unit owners a few years ago, and Fontainbleau eventually settled for a sum rumored to be in the tens of millions. We are going to watch how this and other suits play out in the circuit courts, especially since Carillon’s claims are potentially precedent setting if they get resolved in court rather than a settlement.
Don’t expect this suit to go quietly into the night. Don’t expect these larger issues to stay out of headlines or be isolated to South Florida. This could end up being a significant problem in the 2017 legislative session.
And always read your condo association documents closely. Don’t assume what you agree to is standard and fully protects your ownership interest under Florida law. The vast preponderance of evidence suggests that it doesn’t.
This suit may seem like a non-sequitur for FloridaPolitics.com, but this is one to watch.
A revolt is fomenting in South Florida’s condo associations, from small buildings with modestly priced units, to big-name luxury properties like the Carillon.
Another suit, similar to one filed by Central Carillon, was brought by Fontainebleau unit owners a few years ago, and Fontainbleau eventually settled for a sum rumored to be in the tens of millions. We are going to watch how this and other suits play out in the circuit courts, especially since Carillon’s claims are potentially precedent setting if they get resolved in court rather than a settlement.
Don’t expect this suit to go quietly into the night. Don’t expect these larger issues to stay out of headlines or be isolated to South Florida. This could end up being a significant problem in the 2017 legislative session.
And always read your condo association documents closely. Don’t assume what you agree to is standard and fully protects your ownership interest under Florida law. The vast preponderance of evidence suggests that it doesn’t.
South Beach residents mull the price of height in two proposed high-rise deals
One developer is offering to build the city a transit hub for a future light rail system in exchange for height for a condo tower
Another is offering $100 million for mass transit to build two towers above the public marina
Marina deal would require voter approval of three referendum questions
Even though Miami Beach voters rejected the last two high-rise plans put before them, two developers are trying to see if they can get height limits lifted — for a price.
It might be very high. In new condo tower proposals, each has added an expensive incentive to sweeten the deal. One is offering to build a 30,000 square-foot transit hub at the base of a 300-foot condo tower. The other is willing to contribute $100 million toward a light rail system in South Beach in exchange for the rights to build two 400-foot residential towers at the city-owned marina.
The community is known for keeping a critical eye on all new development, with particular scrutiny aimed at size and square footage. These developers are banking on using public benefits to convince neighbors to look past these aspects. But will residents buy it?
Both the Ocean Terrace and convention center hotel proposals drew criticism for their size.
Many residents are skeptical. They want to have more input, and some worry it could lead to more similar deals.
“I’m just really concerned that this is a slippery slope that we’re going down,” said Ronald Starkman, a board member for the South of Fifth Neighborhood Association at a recent neighborhood meeting. “This, I think, sets a type of precedent that we all need to be worried about.”
The size of proposed buildings figured prominently in the recent failures of two significant proposals that required voter approval: a hotel for the Miami Beach Convention Center and the redevelopment of Ocean Terrace. Both projects were sent back to the drawing board in hopes of drawing more public support, with Ocean Terrace recently winning an initial approval for a height increase from the City Commission.
Only one of the two new tower proposals would require a public vote; the other would need only City Commission approval, but residents will undoubtedly follow their progress and weigh in on both.
TRANSIT HUB
City officials want to move fast on a light rail system that would loop around South Beach, forming one third of what would be a mass transit link from downtown Miami to the Beach. The expectation is that the Beach service will connect to a larger mainlandsystem that would cross Biscayne Bay along the north side of the MacArthur Causeway.
Both systems would have to connect somewhere, most likely the north side of the east end of the causeway, where cars can either continue onto Fifth Street or a take a flyover onto Alton Road.
“There has to be a place for the light rail to go, it has to land somewhere,” said Commissioner Michael Grieco at a recent public discussion. “It has to be in the area of Fifth and Alton.”
Enter developer Russell Galbut, who owns the paved parking lot on the north side of Fifth Street and Alton Road. Galbut, managing principal at Beach-based real estate investment company Crescent Heights, wants to build the city a 30,000 square-foot transit hub at the base of a 300-foot condo tower.
Preliminary plans propose transit and parking services on the first six levels, with buses passing through levels one through three and platforms for light rail occupying the next three. Some retail would go in the transit hub. The residential tower would rise another 24 stories above the hub.
The city would not have to put up any money for the facility, but it would have to increase the maximum allowable height for the property from 75 feet to 300 feet.
“We have an opportunity to accomplish something great here,” Galbut told city commissioners at a May 18 committee meeting. “And that is mass transit, rapid transit, that would give us the opportunity to connect our cultural centers. It would give us the opportunity to limit traffic on Miami Beach. And this is just the start of it.”
The concept is very preliminary but intriguing to residents and City Hall. The Beach just last week received three bids for the streetcar, and City Manager Jimmy Morales is not expected to recommend a bid until later this summer. A consultant’s environmental analysis, necessary to vie for state funding, is in progress.
Meanwhile, Galbut is asking Beach planners to review details of an ordinance that would change the area’s zoning to allow for such a tall building. Transportation officials have to look at whether 20,000 square feet is the right size for a transit hub. There’s plenty of vetting left to do.
Neighbors want to make sure they’re a part of the conversation, starting now.
“Our interest is in making sure whatever is decided is decided transparently,” said Peter McLean, a board member at Bentley Bay Condominiums. He lives in one of the two bayfront towers across from Galbut’s site. “We want to make sure all impact studies, traffic studies, etc. are vetted openly.”
McLean said Galbut’s team will present to the condo board next week. Galbut is also speaking at 8:30 a.m. Tuesday at South Beach restaurant Manolo during the weekly civic breakfast known as the Tuesday Morning Breakfast Club.
Because the land is privately owned, no public vote is needed to change the zoning for a transit hub and taller building. Commissioners would have to pass an ordinance to make it happen.
MONEY FOR STREETCAR
Further south on Alton Road, the operator of the Miami Beach Marina and a developer want to overhaul the prime piece of city-owned waterfront land.
A surface parking lot and the building with Monty’s Sunset restaurant currently stand on the property, which the marina has leased from the city since the mid-1980s. Fort Partners, the Miami-based real estate company that is leading the redevelopment of the Surf Club in Surfside, envisions a similarly-sized retail and restaurant complex at the base of one of two 410-foot condo towers. About 700 parking spaces would be placed underground, and a public park would go above the parking.
The developer is willing to pay the city $100 million to buy the “air rights” needed for the condo towers. Air rights would give the developer the ability to build above the marina. That money would go into a transportation trust fund that would help finance the streetcar, which will cost hundreds of millions of dollars.
The city is hiring an appraiser to assess the value of the land and its air rights. The dollar amount is a significant facet of the deal, but residents also want assurances that the restaurants at the marina will be neighborhood-oriented and not destinations for outside visitors. Some want to see space carved out for a dry cleaner and other services that would cater to locals. Others want to make sure the residential units, which everyone acknowledges will probably be second homes for seasonal residents, are regulated so short-term rentals don’t create a nuisance.
Fort Partners also wants to contribute to physical improvements to South Pointe Elementary, the school across Alton Road, and pay for traffic calming measures along Alton.
The developer has already started making the rounds with neighbors, pledging to meet with associations and individual residents to make its pitch. On this project, public support isn’t just another part of the developer’s pitch to the City Commission.
Before a shovel could hit the publicly owned ground, three key components would need approval through public referendum:
▪ Terms of the ground lease
▪ Sale of the city’s “air rights,” or ability to develop above the marina
▪ Increase in the maximum floor-area ratio for the development, which is the formula for calculating allowable square footage
Gerald Posner, a neighborhood association board member, said residents will need to stay as involved as possible to make sure their concerns are addressed.
“A lot of people in other parts of the city will look at this and say, ‘$100 million for public transport — and a group of well-entitled people south of Fifth are worried about their view lines?’ That’s not going to carry the day,” he said.
Even with the $100 million carrot, the proposal is a massive ask for a community that hasn’t shown an appetite for changing land-use rules.
Fort Partners would like to see the referendum questions on the November ballot, citing high turnoutfor a presidential election. But residents wants to iron out specifics before casting a vote.
Michael Conaghan, chief operating officer for Fort Partners, said he realizes it will take a lot of outreach to convince voters.
“We know we won’t please everybody, but it’s our effort to try and please as many people as possible,” he said.
Number of South Florida million-dollar homes nearly doubled since 2012 #Miami
Percent of million-dollar homes in the Miami area rose from 3 percent to 6.3 percent in four years
National average: 2 percent in 2012, 4 percent in 2016
Those in the market for a million-dollar home are likely to find one in the Miami metro area, where the supply of luxury dwellings has nearly doubled from 3.3 percent of the real estate marketplace in 2012 to 6.3 percent in 2016. So says the online real estate company Trulia in a report released Thursday.
The Miami-Fort Laudedale rate continues to outpace the national average among the top 100 metro areas. In 2012, it was 2 percent; in 2016 it doubled to 4 percent
The report singled out La Gorce in Miami Beach — once home to rapper Lil Wayne — as the neighborhood with the highest concentration of million-dollar homes in South Florida as of this month. More than 96 percent of the homes on the mid-beach island south of Normandy Isle cost at least seven figures, a 29.5 percent increase from 2012.
In Broward County, the narrow island off Las Olas Boulevard known as Navarrea Isle has the next-highest concentration of million-dollar homes, with nearly 94 percent of its houses breaking the $1 million mark. That’s an increase of 42.4 percent over 2012.
Nationally, Miami places 14th and Fort Lauderdale 24th on Trulia’s list of the housing markets with the highest concentration $1 million-plus homes. California snags the first five spots with San Francisco, San Jose, Oakland, Orange County and Los Angeles, respectively. The concentration of million-dollar homes ranges from 57.4 percent of the housing market in San Francisco to 16.3 percent in Los Angeles.
On the other end of the spectrum was Syracuse, New York, where none of the homes was valued at more than a million dollars. That was a decrease from 0.1 percent in 2012.
The report analyzes all homes, regardless of whether they’re listed for sale or not.
“The million-dollar home used to be a rarity in the United States,” said Ralph McLaughlin, Trulia’s chief economist, in the report, “but is now becoming commonplace in several of America’s largest housing markets.”
Becker & Poliakoff Partner Charged in Laundering Sting
Becker & Poliakoff attorney-lobbyist Alan Koslow was swept up Thursday in an FBI money laundering sting.
Federal prosecutors charged Koslow, a longtime partner at the firm, and Delray Beach retailer Susan Mohr with conspiracy to commit money laundering after they allegedly agreed to hide cash they thought was linked to illegal gambling, counterfeit Viagra and narcotics for a 5 percent handling fee.
Mohr agreed to surrender Tuesday and Koslow on June 2 for an initial appearance. The charge carries a maximum sentence of three years in prison and a $250,000 fine.
They were charged by criminal information, which indicates a plea deal has been reached.
Koslow's attorneys, Alan Ross and Michael Orenstein, issued a statement from their client saying he resigned from the firm.
Prosecutors and Koslow's lawyers said the 112-attorney firm was not implicated in any wrongdoing.
Read more: http://www.dailybusinessreview.com/printerfriendly/id=1202758719483#ixzz49miEDpGw
Miami Beach makes plans for traffic, crowds of Memorial Day Weekend
DUI checkpoints eliminated
Ocean Drive will be closed to vehicles
Traffic loop will be set up again
Unlike last year, there will not be DUI checkpoints, but police patrols will be looking for drunk drivers.
The holiday weekend, also known as “Urban Beach Week,” attracts hundreds of thousands of visitors for a loosely-affiliated group of parties and hip-hop concerts in different venues across South Beach.
In preparation, the Beach will again have a large police presence — around 500 officers, including cops from several other Miami-Dade departments — close Ocean Drive to vehicles and set up a traffic loop to minimize traffic snarls.
Lately, many holiday and special event weekends have put the barrier island in traffic gridlock. The Beach has been a bigger draw than usual so far in 2016, with unexpectedly large crowds descending on the island during the Spring Break season and, most notably, during Floatopia. The latter caused a stir after people left heaps of plastic floats and other litter on the sand.
Captain Henry Doce, the Miami Beach police officer in charge of developing a plan to manage the huge crowds that come to the Beach each year, said this year’s crowds show that interest in the Beach keeps growing.
“We are expecting larger than average crowds,” Doce said. At a community meeting last week, he said hotels were already reporting occupancy rates of 80 percent, with some completely booked.
Some businesses see a nice spike in business during the weekend.
“This place gets full of people from all over,” said Maekel Gil, who works at Suri Pizza on Washington Avenue.
Other businesses have seen fewer patrons in the past and find it more of a hassle to even stay open. Billy Gerardi, general manager of Miami Tattoo Co., said he doesn’t get many walk-ins. And with the traffic, he and many on his staff would have to put up with a longer commute to work.
“And the parking is outrageous,” he said. The shop will be closing this year due to construction work on the rear of the building.
Other than a one-off centennial concert sponsored by the city last year, Memorial Day has typically been the only weekend where cops have crafted a detailed plan to manage large crowds — an approach that has evolved after years of steadily growing attendance and an incident where a motorist was killed by police gunfire during a chase in 2011.
After this year’s Floatopia, the City Commission wants to create a protocol for all “high-impact” weekends.
Here’s what you need to know about the Beach’s plan for Memorial Day Weekend 2016:
▪ Ocean Drive from Fifth to 15th streets will close to vehicular traffic at 7 a.m. Friday, May 27. Collins Avenue from Fifth Street to Española Way will be one-way heading north from May 27 to May 31. Washington Avenue will become one-way heading south between Fifth and 15th streets starting at 7 p.m. each night from May 27 to May 31. The easternmost lanes will be used for vehicles, and the remaining lanes will be closed to traffic except emergency vehicles. Normal traffic patterns will resume at 7 a.m. on Wednesday, June 1.
▪ Cops will use license plate readers through the weekend to record tags for all vehicles that cross the Julia Tuttle and MacArthur causeways. Recorded tags will be run through a database that police will use to identify outstanding warrants for registered drivers and stolen vehicles.
▪ Residents are encouraged to use the Venetian Causeway to cross the bay. Police will set up roadblocks along Collins, Fifth Street and Alton Road at night to prevent nonresident traffic on neighborhood streets.
▪ About 150 civilian volunteers called “Goodwill Ambassadors” will be stationed throughout the entertainment district to assist visitors and act as liaisons between the public and the city.
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