FLORIDA EDITION · offered by pest control compa-nies is bad, of course. In par-ticular, you’d likely do well to purchase the pest control out-fit’s repair guarantee, or bond,

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»COLUMNs

The Association Barrister: 3 Moving bank foreclosure actions forward By Peter S. Sachs

Management Monthly: E CC&R: The enforcement process, not the rock band (Part three of three)

By Kim Hockings, CCAM

Florida Condo & hOA Insight: 16 Pursuing unresolved property

damage claims may be the solution By Donna D. Berger, Esq.

FOCUs

»LANDsCAPINg A Creating a beautiful landscape - All within budget By Craig Ruppert

C Technology in the landscape By Jim Parry

g Confronting challenges via smart landscaping By Dave Hanson

»PEsT CONTROL F Enlist your staff in the fightagainstpests

By Ron Harrison, Ph.D

»MIsCELLANEOUs 21 Ad summary

»LEgAL 4 Be proactive with pests By Pete Cardillo

»AqUATIC MAINTENANCE 18 The safety and effectiveness of aquatic herbicides

By Kevin Youngberg

3March 2010 » Florida » CondoManagement

VENDOR gALLERy

moving bank foreclosure actions forward

By PETER s. sAChs

ThE AssOCIATION BARRIsTER:By PETER s. sAChs

As a result of the current rise in foreclosures, bank foreclosure firms and the court system are so overwhelmed that they are unable to timely monitor every foreclosure case. This results in a backlog of foreclosure cases that remain pending on the clerk’s docket despite the lack of activity in each case. These bank foreclosure cases can remain inactive for months. The courts lack the

resources to monitor every case, and banks lack the incentive to move forward, given the current housing market. However, associations are still able to move bank foreclosure cases forward with the filing of a motion to compel.

A motion to compel requests the judge to force the bank to proceed with its action. Any delay by the bank only prejudices the rights of the association. Banks are responsible for the lesser of 12 or six months’ assessments immediately preceding their acquisition of title (depending on whether a homeowners’ or condominium association is involved), or 1 percent of the original mortgage debt if the bank named the association in the foreclosure action. Associations are also entitled to all assessments coming due after the sale. However, banks have no incentive to obtain title when they realize assessments are owed on a property with little or no equity.

There has been some success with the filing of motions to compel in Palm Beach and Broward Counties. Recently, in Dade County, a circuit judge signed an order compelling a bank to diligently proceed with its pending foreclosure action or be obligated to commence payments to the condominium association. Sometimes a court denies the motion to compel but sets the case for non-jury trial and/or mediation. If this occurs, the case moves forward and the association is one step closer to a new owner obtaining title and paying assessments.

Recently, the Florida Supreme Court issued an administrative order that applies to all residential mortgage foreclosures involving homestead properties. Under this order, all residential foreclosure cases in state courts will be referred to mediation, unless both bank and borrower agree otherwise or unless mediation has already occurred between the parties before the foreclosure action was commenced. The Task Force on Residential Mortgage Foreclosure Cases concluded that lack of communication between plaintiffs and borrowers is a significant problem in foreclosure cases. The Court reasoned that mandatory mediation will force banks and borrowers to communicate with one another, thereby successfully resolving some foreclosure cases.

While the administrative order deals with mediation between banks and borrowers in residential mortgage cases, oftentimes an association is a named defendant in a bank foreclosure action. Associations should not be wary of mediation, whether in a bank or in a lien foreclosure case, but should view it as an opportunity for all parties to discuss their positions with a trained mediator. If no settlement is reached at mediation, then an impasse occurs and the case moves on to the next stage, which may be either a trial or summary judgment hearing.

Peter S. Sachs is the managing director with Sachs Sax Caplan in Boca Raton, Fla.

4 CondoManagement » Florida » March 2010

LEgAL

By Pete Cardillo

be proactive with pests

WhentheEarlofChesterfieldsaid,“Neverputofftilltomorrowwhatyou can do today,” I’m pretty sure he was talking about managers and termites.

Indeed, few things are as important for owners of commercial properties and apartment and condo complexes – especially in the termite-friendly “termite belt,” which snakes south from Virginia to Texas – as making sure they protect their investments from termites and from disrepu-table pest control companies.

In choosing a pest-control service for your property, consider going with mid-sized, regional

companies rather than national heavyweights or small, thinly capitalized firms. Typically the middle-range establishments are in solid financial condition and are intimately familiar with the issues particular to a spe-cific area, such as climate and infestation trends.

And perhaps the most crucial element of getting pest control service has little to do with eradicating bugs but rather with the relationship between the manager and the termite company. Read the contract very, very carefully. Then read the back of the contract because, quite often, all of the horrible disclaimers are on the back. Better yet, treat the contract as you would any other important business contract, and have your at-torney read it over before you sign.

Many court cases involving property owners and major pest-control corporations are sparked by disclaimers that, for instance, release the firm from all responsibility in the event of “moisture conditions.” Now, for anyone who’s been in states along the termite belt in the summer, “moisture conditions” occur every day in the form of rain. And lots of it.

Among other tiny but mighty significant bits of contractual verbiage you’ll want to pay close attention to is the arbitration clause, which, if you sign it, basically means you’ll be forced to settle any disputes in arbitration rather than the courts. Sounds like a great idea; who wouldn’t


prefer to come to a sane com-promise? Yet what this often means is that you’ll wind up signing away rights that could mean the difference between getting what you honestly de-serve and getting a whole lot less. For this reason I generally suggest you negotiate the dis-claimers and arbitration clauses out of your contract before you sign it.

Not every contractual tidbit offered by pest control compa-nies is bad, of course. In par-ticular, you’d likely do well to purchase the pest control out-fit’s repair guarantee, or bond, if offered. This will cost a little more, but it’s better protection in the long run. Indeed, it’s basically a warranty that guar-antees that if there is damage, they will take care of it. Like an insurance premium, as long as you make your renewal, you’ve got coverage forever if you pur-chase the lifetime guarantee.

Once the contract is in place, schedule the first property treatment – and accompany the technician as he or she does the job. Or have a trusted man-ager do this. Even if you don’t know what you’re watching, you’re less likely to be the vic-tim of shortcuts if you’re moni-

CONTINUED ON PAgE 20

�

CondoManagement » March 2010

POOls

Creating a beautiful landsCape - all within budget

landscaPing

A

By Craig Ruppert

as the manager of a condo property, you are constantly faced with needing to identify ways to reduce energy and other operating costs, maintain buildings and keep grounds looking their best, all within the condo association’s budget. But as the economy continues to decline, keeping property values steady or even helping to raise them a bit is of the utmost impor-tance. Residents and potential buyers alike are looking for curb appeal when they drive up to their home or into your property. So it’s important to figure out ways to stretch your landscape dollar

without jeopardizing your landscape’s appeal. The good news is that there are prudent and proven approaches to

maintaining your condo’s landscape and enhancing its value even in the most difficult times. Here are some tips that will help you keep the high standards residents expect and will make a positive impression on poten-tial buyers, all without negatively impacting your bottom line. The first step in managing the cost of grounds keeping is to seek a trusted landscape partner who will work with you to customize a plan to address the needs of your specific property. (See “Tips for Hiring a Landscape Contractor.”) You’ll want to identify a landscape contractor who can provide you with creative solutions for maintaining your property, while at the same time meeting your budget. Discuss the following tips with him or her to see how they can best meet your needs.

High-traffic areas – High priorityUse your funds wisely by prioritizing the landscape around the most traveled areas of your

property. Building entrances and pedestrian walkways are the most visible areas and make the first impression, so they are typically a good place to start. Keeping these areas visually appealing can set the tone for the rest of your property. Giving them a splash of color with clusters of seasonal annuals or flowering bulbs can add the desired life and impact to make your association’s prop-erty welcoming. If these areas are somewhat large, perennials, which last for several years once planted, can provide an array of colors and textures. Perennials are sometimes more costly initially, but they require less maintenance over the long-term, ultimately creating a cost-savings.

When less is moreAll plants are susceptible to insects and disease, so limiting the types of plants used for your

property will generally help minimize potential issues and the need for treatment. While this will help to save money, it can also be more attractive, as it will create a tidier look and feel for the property. Planting greater numbers of one plant variety can also create a time savings due to less maintenance requirements, versus the considerable pruning necessary to maintain a sense of order among plants of several different varieties. Larger masses of the same plant in a bed will require your landscape contractor to prune only along edges and sidewalks, eliminating hours of additional labor.

Easy and efficientConsider incorporating large, flowing beds and sweeping areas of turf into your landscape. These

are less costly to maintain per square foot than smaller areas, as your landscape contractor will be able to use larger, labor-saving equipment for mowing and maintenance, and the need for trimming and cleanup will be minimized.

�

March 2010 » CondoManagement B

naturalize to generate savingsAs your landscape moves away from the main traffic areas, consider implementing landscap-

ing elements that require minimal maintenance. By allowing native grasses to grow to a meadow height, the need for cutting will be reduced to just two to four times a year. Outlying areas can be seeded with wildflowers, which will also reduce the necessary maintenance and can even turn that area into a visual asset.

Reduce water, reduce costsNoticeable savings can result when your irrigation system is appropriate for your property.

Various climates and plant types will require different watering techniques. Speak to your land-scape contractor about how you can maximize water efficiency for your specific property. The amount of water needed and the time of day the watering is done are also important considerations and should be discussed to identify the best cost-saving solutions.

don’t remove, recycle insteadTry to minimize the amount of de-

bris that has to be removed from your site. Grass clippings do not have to be removed, and if a contractor uses mulching blades on their mowers, the clippings can be cut into finer pieces that won’t clump or lie on the top of your turf and detract from its appear-ance. Leaves, when distributed into wooded areas, provide a natural leaf litter that creates a manicured ap-pearance for the natural wooded ar-eas, help keep undergrowth down and ultimately save you money.

More value from your landscape contractor

Each property is unique, and there will be customized ways for you to save money while still maintain-ing aesthetically pleasing grounds. Challenge your landscape contractor to be creative, giving you more for less money. This could mean removing plants that detract from your proper-ty’s overall aesthetics or are costly to maintain, and adding ones that could possibly create energy, labor or other types of cost savings.

Speak to your landscape contractor about your end goal without specify-ing how exactly you think it should be done – they should use their ex-pertise in advising you on what will work best within your specifications. By partnering with your landscape contractor, you should be able to find many creative ways to save money in

CONTINUED ON PAGE I

�


teChnOlOgY in the landsCape

C

landscaPing

By Jon Parry

Though it might seem that landscaping would be largely unaffected by new technology, nothing could be further from the truth. Irrigation systems have changed dramatically in recent years, and in fact have incorporated many new technologies. We are no longer limited to controllers with mechanical dials that are set to a specific number of days and minutes. Today’s irrigation controllers are sophisticated enough to gather data from remote weather stations and satellites, either wirelessly or via the Internet, and they can be programmed to automatically re-vise their watering schedules according to the data they receive. They can also diagnose and react to problems. Many such systems can adapt to site-specific irrigation needs with minimal input from operators. Irrigation controllers do not eliminate the human factor, but now the operator of the system has to be as technology savvy as he is irrigation savvy. Systems can be managed remotely,

and highly detailed reports containing information regarding water us-age, flow rates, weather conditions and a variety of other data can easily be downloaded from them.

The primary method that these state-of-the-art systems use for evalu-ating a landscape’s irrigation needs is the measurement of evapotrans-piration, commonly referred to as ET. ET represents the amount of water loss in soil via the combined processes of evaporation and transpiration. As a landscaped area matures, generally the amount of water lost via evaporation diminishes, but the amount lost via transpiration increases. This is due in part to the shade cover provided by the plant material and the surface area of the plants. The rates of decrease and increase do not necessarily move in lock step with one another; therefore, the ET rate may change over time. It is not hard to see how a controller with the ability to continuously monitor ET and make program changes based on the readings can provide optimum growing conditions and prevent overwatering.

Today’s sophisticated systems can deliver everything an associa-tion board and a landscaper need to manage a large-scale irrigation system landscape. They can calculate ET; apply water at a rate that will prevent runoff; regulate pressure to each head to get maximum uniformity; allow adjustments to be made according to sun and shade conditions; allow for differences in sloped and flat areas, soil types and root zone depths; and perform myriad other functions. They can even notify you when and where an irrigation break has occurred.

The reduction of water costs as well as liability associated with overwatering – not to mention the environmental impact – are key elements to focus on when considering the replacement of older con-trollers. Most of the systems that offer these capabilities require a significant investment of both time and money, but invariably they end up paying for themselves. Provided that they are managed properly, “smart” controllers typically produce water savings ranging from 20 percent to �5 percent annually. It is fairly easy to calculate the return on investment in such a scenario, and as an added benefit, some water districts offer rebates for installing such systems. When applicable, this alone can greatly reduce the ROI period.

Most systems fall into one of two categories. The first category includes those that utilize a site-specific centralized computer that communicates with individual irrigation controllers via hardwiring or wireless signals. A small weather station located at the site is also integrated into the system, and the data gathered by the weather station is communicated in real time to the computer, which then

5

March 2010 » CondoManagement D

CONTINUED ON PAGE J

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calculates any necessary changes in the irrigation programs and sends the information out to each controller. The second category consists of systems that operate via the Internet, with no need for a dedicated computer at the project site. In this case, information is gathered wirelessly or via the Internet from regional weather stations operated by a variety of state agencies, universities and other such entities. It downloads the ET or weather information automatically and sends it to the controllers, which adjust their programs accordingly. The automatic programming features can be reviewed or manually overridden, if required, from any computer with an Internet connection.

“Smart” systems consist of a variety of integrated components beyond the controllers and weather stations. Master valves, flow sensors and remote-control interfaces are all commonly used. Master valves and flow sensors are installed on irrigation mainlines upstream of the remote-con-trol valves that control the watering of different zones. Flow sensors monitor the amount of water flowing through a mainline, and should they detect abnormally high flows (such as those associ-ated with mainline breaks, malfunctioning remote control valves or broken sprinkler heads), they signal the appropriate master valve to close, thereby shutting the system down. This information is fed back to the controller, which can be programmed to send out a message to the system man-ager detailing the time, location and nature of the problem. Not only does this save tremendous amounts of water, it saves the landscaper’s irrigation technician time in locating, assessing and fixing the problem. It is necessary to engage the services of an experienced landscape contractor to implement these systems because every leaking or malfunctioning component in the delivery system (consisting of mainlines, lateral lines, remote-control valves, sprinkler heads, etc.) must be fixed so that the system can “learn” the proper flow rates. Once this is done, the timer has the data necessary to distinguish the difference between proper and improper flow rates. If a lower-than-average flow rate is detected, it may mean that there is a broken remote-control valve or other obstruction. Remote-control interfaces are usually installed so that an irrigation technician in the field can test the system from anywhere at the site, without having to be near the control-lers or a computer.

Retrofits of existing systems usually do not end at this point; in fact, the startup of the new controllers often exposes additional inefficiencies elsewhere in the system, such as sprinkler heads that are out of adjustment or incompatible with one another. Unless these deficiencies are cor-rected, it is still possible that the right amount of water could be flowing through the system but not reaching the correct areas in the correct quantities. Once this last piece of the puzzle is put in place, the water savings are immediate and the appearance of the site often improves. Potential irrigation-related liabilities are minimized, and management-reporting tools that were previously unavailable are now easily accessed.

�


By kiM hOckings, ccaM

ManageMenT MOnThly:

(part three Of three)

CC&r: the enfOrCement prOCess, nOt the rOCk band

ECONTINUED ON PAGE I

The third and final installment of “The Enforcement Process” will address the daunting yet crucial task of training community board members. Community connection is vital to maintaining an excellent relationship not only with existing homeowners but with others in the community as well. Naturally, this protects the value of the property and enhances the overall reputation of the community. How can this be done effectively?

investing in training and education Many times, board members are new to their role in serving on a board. The best way to make

sure it is a positive and rewarding experience is to examine the training and education process. Board member training, direction and support should be provided through the management firm to ensure a thorough understanding of fiduciary obligations as they relate to enhancing community property values.

In addition to individual board member training, treasurer training is suggested to ensure that the board is educated regarding the fiscal impact of their decisions. Board members should also be encouraged to join affiliate organizations such as the Community Association Institute (CAI) to acquire knowledge relating to association operations, and they should exchange ideas based on the experiences of other community board members.

The board is charged with the duty of appropriately enforcing the CC&Rs, rules and regulations and architectural guidelines. They must do so in a non-subjective fashion. Fairness and uniformity in the enforcement of the rules is paramount. Board members may not subjectively select which homeowners will receive penalties. Conjoining the involvement of committee members, manage-ment representatives and board members ensures objectivity in the decision-making process.

Homeowner education, understanding, compassion and responsiveness are key approaches to encouraging homeowners to comply with community regulations. There are a number of ways to accomplish this. Homeowner education may be delivered in the form of informative and well-pro-duced newsletters and on community websites to reinforce the information. “In person” conversa-tions with the board, or management representatives, explaining association operations and the reasoning behind imposed rules and regulations may translate into a benefit for the homeowner.

Other methods, such as special community meetings designed to provide information and edu-cation regarding specific issues such as future landscape renovations, water management programs and other pertinent topics are also beneficial. Question-and-answer sessions should follow each community meeting to provide homeowners with a clear and comprehensive understanding of the subject matter. Another vehicle that is typically well received is the development of community social events that not only bring the community together but also serve as a forum for conversa-tion to educate and build trust amongst neighbors, board members and committee members.

Board members are typically volunteering their time for these positions, which can be challeng-ing. Without a thorough understanding of how the CC&Rs, architectural guidelines and rules and regulations relate to property values, homeowners may be resistant to compliance. While these

The board is charged with the duty of appropriately enforcing the cc&Rs, rules and regulations and architectural guidelines.

�

March 2010 » CondoManagement

landscaPingPesT cOnTROl

enlist YOur staff in the fight against pests

By Ron Harrison Ph.D

F

reduCe unwanted “neighbOrs” at YOur prOpertY Trees and shrubs should be trimmed away from the building since they can serve as a high-way for pests – right into a resident’s unit.

if you’ve ever lived in a condominium or an apartment setting, you prob-ably remember firsthand how your neighbors had a variety of lifestyles and living habits – some you may have liked and some you may have wanted to escape from at times. As a property or association manager, while you can likely still relate to many of the same issues, you may now see them in a different light. For example, that upstairs partier who kept you up ‘til three in the morning may actually keep their unit the cleanest. That quiet, shy neighbor you had may be the same person with overflowing trash and dirty dishes in the kitchen sink.

When it comes to condominium settings, what you see isn’t always what you get, and the same goes for pest management. It’s important to choose a provider who will be your partner in the fight against pests. This means going beyond traditional pest management practices to offer value-adds like training for your staff. The good news is that some pest management companies will offer training on Integrated Pest Management (IPM), an environmentally friendly approach to pest control that focuses on reducing pests through proactive solutions like sanitation and main-tenance techniques.

First, it’s important that your employees know the most common pest “hot spots” around your property – or areas most likely to attract pests. These may include laundry, storage, pool, cookout or waste disposal areas. To help keep pests at bay on your property, talk to your provider about getting your employees on board with the fol-lowing sanitation and maintenance tips.

eliminating attractive elementsBefore employing any exclusion practices, you should take a look outside to make sure your

property is not attractive to pests. Work with your pest provider and landscaping crew to identify and remove any elements that might be attracting pests to your property, such as bright, fra-grant flowers and fruit-bearing trees. For light fixtures affixed to the buildings and illuminat-ing outside walkways, use sodium vapor lights, which are less attractive to flying pests.

exclusion Exclusion focuses on preventing pests from

ever entering your property. Make sure to seal any unnecessary holes and cracks in floors, walls, and ceilings in your property’s units with weather-resistant sealant. Place screens over windows and install door sweeps under all resi-dences’ exterior doors.

sanitation To reduce elements that attract pests – food

and water – make sure to sweep and hose down Make sure to seal any cracks and crevices found on the buildings’ exterior with

weather-resistant sealant to create a barrier for pest entry.CONTINUED ON PAGE J

�


COnfrOnting Challenges Via smart landsCaping

landscaPing

G

By Dave Hanson

Operating properties in today’s economic climate requires managers who truly know how to remove every last unnecessary dollar out of a budget. An area that can make a significant positive impact on a bottom line is landscape maintenance. A smart landscape main-tenance partner can show managers exactly how to achieve cost reductions, and in many cases, identify the expected return on investment for each area of a landscape budget – whether for a new or existing property.

Increasingly, water and conservation are becoming synonymous with a smart landscape plan that achieves savings for those who own or operate properties or homeowners’ associations (HOAs). The pursuit of sustainability has created a shared concern between managers and landscape professionals

for energy conservation, lower carbon footprints, recycling and other green practices that require cooperative, team-based solutions. Landscape service providers and managers now communicate more often and earlier to address this new state of affairs. This is showing up in the technologies being introduced and the strategic planning that is taking place. Irrigation systems are being improved. Grids of inline drip are replacing spray heads on small landscape areas. Decorative turf is being removed, and only turf on which people sit or play remains. Recycled water is increasingly available and being utilized for landscape needs. Regardless of the situation, when managing the landscape needs of a new or existing property, a major component of

the landscape plan today is managing water and the expenses associated with repairs or upgrades to irrigation systems.

involved from the beginning Property and landscape managers are encouraged to become involved in the new landscape

design and planning process to avoid landscapes that are costly and difficult to maintain. Any landscape undergoing extensive rework typically involves designers who understand aesthetic appeal. By involving the landscape maintenance team in the design process, property owners can receive input about the cost impact of the design so any potential long-term maintenance problems can be addressed while still delivering the desired quality and curb appeal.

Because outdoor landscaping is one of the first impressions a property makes, it is important to make this a priority early in the design process. This includes allocating the proper budget and establishing an installation time frame that is in line with expectations. In doing so, conflicts can be reduced and value engineering can be introduced earlier.

establishing a water program Once the new landscape is installed,

Trees can be incorpo-rated into an integrated

landscape plan, help-ing to generate savings in heating and cooling

costs.Photo courtesy of

ValleyCrest Landscape Companies

© Lonna Tucker Photography

one of the common challenges is correctly watering a mix of large plants, trees and small specimen plants as they become established. Even if the irrigation system was designed properly, there are adjustments that an experienced maintenance team knows to make. An incorrect water balance can inhibit the establishment process. Another issue is that trees with large root balls may not get enough water when the irrigation system is set to deliver water for plants with shallower root systems. The reverse is

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March 2010 » CondoManagement

CONTINUED ON PAGE J

H

A certified irrigation specialist can analyze which areas of a landscape use the most water, and they can create a customized plan that achieves the highest lev-el of water conservation through improved scheduling

also true when smaller plants get over-watered to ensure that the trees are well irrigated. In these cases, maintenance experts might recommend the practice of hydro-zoning, which simply means grouping plants with similar water requirements on the same irrigation valve. It also points to the importance of plant selection in the design process.

Top 10 smart irrigation tips

Irrigation can account for more than 50 percent of a property’s water consumption. Here are some ways to water smarter:

1. Water early in the morning right before dawn. This reduces losses to wind and evaporation.

�. Water only when needed.

�. Adjust sprinklers to avoid waste and ensure uniform distribution.

�. Test the spray patterns of sprinkler systems; check for clogged lines and a mixed nozzle size of sprinkler heads. Be sure to repair leaks.

5. Use drip irrigation for ornamental shrubs to reduce water usage.

�. Install rain shut-off devices or in-ground moisture sensors.

�. Set lawnmower blades higher to increase ground shade and water retention in soil.

�. Mulch around shrubs and planters to reduce evaporation and cut down on weeds.

�. Use a broom, rather than a hose, to clean driveways or sidewalks.

10. Use a hose with an automatic shut-off nozzle.

and reduced maintenance. On the left, an irrigation specialist is measuring the uniformity and dis-tribution of an irrigation system. Practicing smart-er water conservation might include switching from overhead irrigation to a more efficient drip system in planter beds, as in the photo on the right. Public programs can pro-vide rebates or credits for upgrades on controllers, efficient irrigation, drip conversions or rain shut-off sensors.

Photos courtesy of ValleyCrest

Landscape Companies © Jay

Graham, Graham Photography

10

CondoManagement » March 2010 I

creating a beautiful landscape...cOnTinued fROM Page B

this uncertain and trying economy while still showcasing a landscape that will be pleasing to residents and potential buy-ers alike.

Craig Ruppert is the founder and CEO of Ruppert Companies, based in Laytonsville, Md.

Tips for hiring a landscape contractor

Hiring the right landscape contractor can make or break your project, so it pays to spend the time upfront to ensure you are working with someone who is qualified, repu-table and a good match for your project. To do so, consider the following:

» Ask to interview the field manager who will be your primary point of contact on the site. Even great contractors can have weak field managers. So it’s important to know who will be there weekly to maintain your property and if they are capable of meeting your needs. Your contractor’s front line person is critical to your landscape’s success, so find out if he is educated about proper land-scape procedures, is easy to communicate with and trustworthy enough that you want to work with him.

» is the contractor capable of handling multiple projects? In the event that you decide to use them on more than one project, does she have operating procedures in place that will ensure continuity on multiple projects so that you won’t have to re-create the wheel with each new addition?

» does the contractor have the ability to properly manage your property? Do they have the expertise to manage a comprehensive package including turf fertilization, weed control and snow removal to ir-rigation maintenance, tree pruning and mowing? Having multiple contractors to handle related areas of your landscape maintenance can lead to significant finger pointing, which can be eliminated by having a contractor who can handle it all.

» can the contractor provide you with design ideas in addition to just cutting your grass? Landscapes evolve over time, so you want to be sure that you are hiring a contractor who can not only maintain what you currently have but can improve it with ideas for enhancements as well.

» does the contractor have structure and systems in place that will ensure quality, safety and reli-ability? Most contractors have the best of intentions, but asking them to tell you about their company’s safety program or infrastructure may help ensure that they will be able to follow through with the plans you develop.

» does the contractor have a stake in your project’s success? It’s a good sign when a contractor you are considering is performing work right next door to your site and is well known in your community. It increases the likelihood that he will do the right thing if you have a problem with your job, as they will be invested in keeping their reputation within the community in good standing.

elements were put in place and are regulated for the benefit of each homeowner, the board is in fact, the enforcement ‘body.’ While the CC&Rs are designed to enhance property values and livability, thus protecting the homeowner’s investment while preserving their ideal lifestyle, board members who are well educated on the process will become the liaison for the associa-tion within the community.

it all comes down to positive communicationManaging agents and board members have a fiduciary duty to apply all association policies consistently in order to maintain property values. This is best executed by utilizing creative and compassionate enforcement methods. Should we enforce association rules and regulations, CC&Rs, and architectural guidelines? The answer is absolutely! Remember, however, blending creativity and compassion when considering enforcement procedures will go a long way toward creating a harmonious, highly valued neighborhood. This, in itself, will make the community a great place to live.

Kim Hockings, CCAM, is a district manager with Keystone Pacific Property Management in Irvine, Calif.

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parking areas and walkways daily. Eliminate standing water around your property, such as rooftop puddles and clogged rain gutters. Keep garbage in covered dumpsters, preferably at a distance from the building.

Property maintenance Even the smallest improvements to your property’s maintenance efforts can help avert a pest infestation. Trees and shrubs

should be trimmed away from the building, since they can serve as a highway for pests – right into a resident’s unit. Monitor for any moisture leaks around HVAC units, and contact a maintenance professional to make necessary repairs.

Partnership It’s important that you and your staff provide another set of eyes and ears along with your pest management provider.

Make sure that your staff reports pest sightings in a timely manner. To go a step further, get your residents involved – the more they do to help with sanitation in their units, the more the overall property will benefit.

Remember, while you can’t control all the “pests” at your property, you can help keep the real ones in their place. Get your staff on board today, and rest easier tomorrow with a clean, welcoming property for your residents.

Ron Harrison, entomologist, Ph.D, is director of technical services for Orkin Inc.

incorporating green into greenery Properties seeking to incorporate more environmentally friendly landscapes may look at ways to reduce the amount of

overall water used. Today, water conservation measures typically include the use of recycled water for irrigation. An unintended consequence of this practice is the fact that recycled water contains nutrients and salts that may negatively impact the original landscape because it was dependent on potable water. The result is a property that may have to change its plant palette over time to adjust to recycled water usage. Planning for this early on can save time or significant expense later.

a strategic landscape management plan By paying closer attention to some of these simple yet easily identifiable challenges, a board and manager can achieve

positive bottom-line results for HOAs. Landscape may not be the first place a board looks to find efficiencies and savings, but it is an area where a strategic landscape management plan can help meet corporate and financial objects in times of increased sustainability awareness and amidst difficult economic conditions.

Maintaining a beautiful landscape requires a variety of elements to work together efficiently. While “smart” irrigation systems are not a silver bullet, they are a great leap forward in irrigation technology. When combined with broad horticul-tural knowledge, integrated pest management techniques and proactive landscape management, they can be a key factor in providing a property owner and landscape contractor with an aesthetically pleasing, cost effective and environmentally sensitive project.

Jon Parry is the general manager of Bemus Landscape Inc. in San Clemente, Calif.

florida legal forumTechnology in the landscapecOnTinued fROM Page d

confronting challenges via smart landscapingcOnTinued fROM Page h

Reduce unwanted “neighbors”...

Dave Hanson is senior vice president for ValleyCrest Landscape Companies’ Maintenance Division.


association financial problems: pursuing unresolved property damage claims may be the solution

FLORIDA CONDO & hOA INsIghT:

If your community is struggling today to meet its financial obligations in light of a growing number of delinquencies, it might be time to revisit the issue of any storm damage that may have impacted you several years ago. Many associations do not readily see the connection between storm damage that hurt them several years ago and their current economic woes, but that connec-tion may be closer than you think.

The following hurricanes battered Florida in 2005: Katrina – August 25, 2005, and Wilma – October 24, 2005.

Many boards submitted claims for storm damage and were told that their claims did not reach their deductible level. Others received some money from their carriers but not nearly enough to pay for repairs, and they were forced to specially assess their members for those costs that weren’t covered. Incredibly, a few associations never even made claims because they either felt they did not meet the deductible or they feared having their coverage canceled or their rates raised.

Quite simply, a board of directors cannot accurately assess the amount of damage that a commu-nity may have suffered without a thorough inspection by properly trained experts.

For far too many communities, the storms that ravaged Florida in 2005 created a hole from which they never dug out. The special assessments that their members were forced to pay for dam-ages that should have been covered by their insurance carriers made them less able to bear the current real estate market conditions.

However, all is not lost for those communities who understand the insurance process and take the time to pursue their rights. Typically you have five years to make a claim with your insurance company after a property loss, so even the oldest storm claim listed above is still ripe unless your claim was cut short by a FIgA deadline – an appraisal award or a release agreement you signed that specifically used the word “release.”

In order to understand whether or not your association walked away from insurance proceeds

By Donna D. Berger, Esq.

that were rightfully owed to you, it is impor-tant to understand how most insurance compa-nies operate. It does not benefit the insurance company’s bottom line to make you whole for any claim you may submit, so they are hoping you will accept less money than you deserve or that you will simply forget that you still have rights to assert a substantial claim for money you may be owed. It is even better for them if you do not submit a claim at all. The way in-surers achieve these goals is to perpetuate the following myths:

1. If you file a claim you will be dropped. This is false. It is illegal under Florida law for insurance companies to drop pol-icyholders for filing claims. Specifically, “Claims on property insurance policies that are a result of an act of god may not


FLORIDA cONDO & HOA INSIGHT:

be used as a cause for cancellation or nonrenewal, unless the insurer can demonstrate, by claims frequency or otherwise, that the insured has failed to take action reasonably neces-sary as requested by the insurer to prevent recurrence of damage to the insured property.”

The reality is that if you do not file a claim and the neighboring property owner files a dozen, you both have the same chance of being dropped if your insurance company decides to reduce its exposure in the state. The neighboring property owner, however, at least had the benefit of filing a claim.

2. If you file a claim your insurance rates will go up. Again, this is the same issue as #1. Insurance companies must submit rate increases to the state for approval. Whether or not you make a claim will not impact the carrier’s business decision to move forward with a proposed rate increase.

3. Your damage did not come close to exceeding your deductible. This is a common tactic to ensure that policyholders simply give up and pay for insured damage out of their own pockets. Damage visible to the naked eye does not tell the whole story of damage that your personal and real property may have suffered. Trained experts can properly advise you on the full extent of the damage inflicted including structural damage, mold, loss of power, relocation expenses, cleanup and dumpster costs, etc. If your community endured a special assessment to pay for storm damage, you may have been on the receiving end of the deductible excuse.

4. If you already received a check from your insurance company it is too late to revisit your claim. Unless you signed a release, receiving funds alone does not prevent you from pursuing your carrier for the full extent of damage you suffered.

Unfortunately, a volunteer board of directors is a particularly easy target for the scare tactics outlined above. Many boards simply do not know their rights with regard to casualty claims or are bullied into accepting less than the community – which is ultimately the individual members – deserves.

The statutory deadlines for most of these storm events are nearing. Boards, particularly new ones who were not seated at the time any damage was in-curred, would be well advised to have their property inspected as soon as possible in order to provide themselves with the reassurance that they were paid in full by their carrier or to arm themselves with the ammunition need-ed to recover any amounts still owed.

If you were lucky enough not to suf-fer any storm damage over the past tu-multuous storm seasons, still keep in mind that every board member bears a fiduciary duty to the membership, and that duty includes the proper handling of insurance claims. For more informa-tion about the deadline to file claims for any storm damage resulting from Hurricane Wilma, please visit www.wil-maclaims.com.

Donna D. Berger is executive director of the Community Advocacy Network and partner of the Florida law firm of Katzman Garfinkel Rosenbaum. She also is author of “Condo and HOA Law” blog.

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�8 CondoManagement » Florida » March 2010

Ryan Alles

ROOFINg AqUATIC MAINTENANCE

One of the most challenging issues facing condominium communities is the safe and effective maintenance of their own small ponds and lakes. They must be managed if they are going to maintain their maximum value.

the safety and effectiveness of aquatic herbicides By Kevin youngberg

Algae and aquatic weeds are the most common problems encountered in pond maintenance. They range in size from simple, single-celled algae to large, rooted plants. Shallow depths and nutrient-rich water combine to form conditions that stimulate excessive growth of these weeds. These weeds can then become a nuisance, clogging water inlets, fouling pumps and irrigation systems and reducing the floodwater holding capacity of these ponds. They can also severely affect the aesthetic quality of a pond with adverse side effects to property values.

Daily changes in dissolved oxygen levels and pH, caused by heavy plant growth, can stifle fish production. Summer fish kills caused by oxygen depletion are also possible. Winter fish kills can also occur when large amounts of organic materials decompose suddenly after a drop in temperature.

Most aquatic plant management approaches are based on chemical control. However, other meth-ods do exist to help control unwanted aquatic vegetation. They include biological control (triploid grass carp, insects, pathogens); mechanical control; aeration; aquatic dyes and nutrient reduction/flocculation using either a polymer or the more traditional alum. Nevertheless, aquatic algaecides and herbicides have proven to be the most economical, long-lasting and dependable treatment available. Used responsibly, they can safely improve the aquatic environment in a small pond or lake and re-store its uAquatic algaecides and herbicides being used by today’s aquatic plant managers have been the subject of intensive laboratory and field testing, focusing on health, safety and environmental impact. These studies are constantly updated as new requirements come into existence. They are all approved for use in the aquatic environment by the Environmental Protection Agency. When used in accordance with the guidelines found on their labels, these materials are safe for fish, wildlife, hu-mans and pets.

The presence of an aquatic herbicide or algaecide in the water is usually short-lived. They are bro-ken down rapidly into carbon, oxygen and hydrogen by bacteria, are degraded by ultraviolet light and are metabolized by other aquatic organisms in the ponds. Dilution is another important way in which these materials reach negligible levels.

It is important to remember that simply pouring an algaecide or herbicide into a small pond or lake may not be effective. Several factors must be considered to ensure maximum safety and effectiveness of a treatment. They include proper identification of the weed species, choosing the correct herbicide to use for the target species, correct rate of application, timing, depth and flow rate of the body of water, proper application equipment and many other variables that typically require competent

professional assistance. When used prop-erly, these materials are very effective in the selective control of unwanted aquatic vegetation.

The Florida and California climates are favorable for the year-round growth of aquatic weeds. Nuisance aquatic weed problems in the small ponds and lakes typically found at a condominium com-munity will always be a possibility. By adopting a policy to limit the influx of nutrients and other contaminants to a pond, the cost of maintenance is drasti-cally reduced. This can be done by not

�9March 2010 » Florida » CondoManagement

Effectiveness of aquatic herbicides

Copper Diquat Endothall Fluridone glyphosate 2, 4-D

Filamentous algae g g g (hydrothol) NR NR NR NR (Aquathol)

submersed plantsBladderwort NR g F g NR FBrazilian elodea F E NR g NR NRCoontail NR E E E NR NRhydrilla F E E E NR NR Parrot feather NR g E F NR EPondweed NR g E F NR NRslender naiad NR E E E NR NRsouthern naiad NR E g g NR NRspikerush NR NR NR g NR NRVariable-leaf milfoil NR g g g NR E

Floating plantsDuckweed NR g NR E NR Fwatermeal NR NR NR g NR NRAlligatorweed NR NR NR F g F

Emersed plantsAmerican lotus NR NR NR g g gCattail NR g NR g E gFragrant waterlily NR NR NR g E gRush NR NR NR NR g Fspadderdock NR NR NR g E Fwater pennywort NR F NR NR E g

NR: Not Recommended, g: good, F: Fair, E: Excellent

Aquatic herbicidesChemical name Trade names and manufacturers

Copper compounds Cutrine Plus (Applied Biochemists) Komeen, K-Tea (griffin)Diquat Reward (Zeneca) Weedtrine (Applied Biochemists)Endothall Aquathol, Hydrothol (ELF Atochem)Fluridone Sonar (SePro)Glyphosate Rodeo (Monsanto)2, 4-D Navigate, AquaKleen (Applied Biochemists) Weeder 64 (Rhone Poulenc)

allowing grass clippings into the water, using slow-release granular fertilizers, applying those fertilizers far enough away from the pond to allow for leaching, limiting the use of well water, which contains nutrients, and never draining pool water directly into a pond, which can cause algae booms. If you are going to discard the plants, those found in aquarium stores are the very exotic weed species that cause most of the aquatic weed problems.

In conclusion, the appearance that you desire for your small pond or lake will determine the level of effort necessary to attain your goal. The more effort that you put into managing aquatic vegetation and the influx of nutrients and other con-taminants, the more attractive you will make your pond or lake. EPA-approved aquatic herbicides and algaecides have been used safely and effectively for many years by many commercial, pri-vate and public agency applicators. They continue to be the most cost-effective, environmentally sound and selective resource for the control of nuisance vegetation.

Kevin Youngberg is president of American Ecosystems Inc.


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toring the process. Make sure that you then get a copy of the report, which is required by some state laws, including Florida’s, so that you have documentation of exactly what was done on the property.

The same holds true for annual re-inspections: escort the technician and get a report.

Keep in mind that large communities can be especially vulnerable when it comes to re-inspections. For example, proper inspection of a 300-unit, 15-building complex can take one person a couple of days. So make sure that every building is inspected, exterior and interior. Some managers may see this as a resident disruption, but it’s a once-a-year inspection, so with proper notice it shouldn’t be an issue. Pest-control companies are required to do interior re-inspec-tions according to their own protocols and industry prac-tices.

Finally, alert your pest-control firm at the first sign of

Be proactive with pests...CONTINUED FROM PAgE 5

termite damage or evidence of the bugs themselves, includ-ing wings, mud tubes or trails. Ask the residents to alert you if they see any such evidence of termite activity. If you do find anything suspiciously termite-y, either fax or mail a letter to the company detailing exactly what you’ve found. The company has an obligation to inspect immediately, so remaining vigilant and keeping a log is the best method of ensuring a quick response.

Remember: Termites do their nasty business in the dark, so to speak. They live a secret and hidden life, so the sooner you find them, the sooner you can take care of them – and protect your property.

Pete Cardillo is the founder of the Tampa-based firm of Cardillo Law Firm, which concentrates on termite-related legal matters.

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Documents

FLORIDA EDITION · offered by pest control compa-nies is bad, of course. In par-ticular, you’d likely do well to purchase the pest control out-fit’s repair guarantee, or bond,