|
| Date |
Title |
Source |
| 2/29/2008
|
Winter Springs Fire Assessment Fee |
Chip Tatum, Director of Education & Government Affairs |
The City of Winter Springs will hold a second reading of their Fire Assessment Fee Ordinance on Monday, March 10, 2008 at 5:15 pm
AAGO will be hosting a conference call for ALL members on Tuesday, March 4th at 10:00 am. Panelists will include Ginny Decker - Legislative Commmittee Chair, Kathy Ratchford - NAA Region 9 Vice President, Mark Ogier - FAA President, and Chip Tatum.
Call In #800-371-9832
Guest Room #047044
Please make plans to attend the meeting even if you do not live or do business in Winter Springs. These ordinances have a habit of spreading to other local governments once they are successful in others. Thank you! |
| Date |
Title |
Source |
| 5/13/2007
|
Pending Fire Code Changes! |
Chip Tatum |
On Monday, April 9, 2007 the Fire Tac Committee approved changes to a fire code that required the installation and monitoring of costly fire alarm equipment in existing multi-family buildings that met certain specifications such as size, floors, etc. These changes, if approved by the State Fire Marshal's Office, would dramatically reduce the cost to bring a community into compliance with Fire Code. According to Tony Apfeldeck Building Official/Chief Fire Marshal with the City of Altamonte Springs all signs are positive that these changes will be embraced by the state and incorporated in the new code in October 2008. However, until that time it is at the discretion of the applicable municipality as to whether they choose to enforce the current code.
The new changes would require the following instead of the installation of the monitoring equipment:
31.3.4.3.5.1 Fire Department notification in accordance with 9.6.4 shall not be required when:
(1) Signs are provided at each manual fire alarm box stating 'Local Alarm Only-In Case of Fire Call 911' &
(2) An exterior horn/strobe [is installed]on the outside of the building at an approved location."
Many thanks to Tony Apfeldeck Building Official/Chief Fire Marshal for Altamonte Springs, Dan Kucik Assistant Chief/Chief Fire Marshal Orange County Fire Rescue, and Marty Collier with Firetronics for their hard work to get these changes made. If you need more information please contact Chip Tatum with the Apartment Association of Greater Orlando.
|
| Date |
Title |
Source |
| 3/30/2007
|
Prop. Leg. involving sexual predators/offenders & landlords
|
Florida Senate |
| Language proposed to be added under SB 98:
"(4) A landlord or owner of a residential dwelling unit
11 may not knowingly rent or lease a residential dwelling unit
12 located within 2,500 feet of a school, public school bus stop
13 located as provided in s. 947.1405(7)(a), day care center,
14 park, playground, or other place where children regularly
15 congregate if a prospective tenant, as defined in s. 83.43, is
16 a restricted sex offender who intends to occupy the unit
17 unless the landlord or owner can establish that, prior to
18 rental or lease, he or she used reasonable due diligence and
19 was unable to determine that a prospective tenant of the unit
20 was a restricted sex offender intending to occupy the unit. A
21 person who violates this subsection commits a misdemeanor of
22 the second degree, punishable as provided in s. 775.082 or s.
23 775.083." |
| Date |
Title |
Source |
| 3/30/2007
|
ADA Lawsuits |
NAA/NMHC |
| " ADA Compliance Lawsuits Special interest groups and the department of justice continue to aggressively pursue legal action against multi-family developers/owners in reference to accessibility and building codes. These lawsuits seem to be focused on companies that built communities between 1991-1998 shortly after ADA requirements changed. Testers have been covertly inspecting communities and if they are found to even slightly deviate from ADA requirements they bring about a law suit. Multiple apartment owners and operators have been impacted by these lawsuits from smaller management companies to some of the largest in the country. Some damages have been as high as $24 million. |
| Date |
Title |
Source |
| 3/30/2007
|
New HUD Guidelines - Limited English Proficiency |
NMHC/NAA |
| " Limited English Proficiency (LEP)In February we advised our Legislative Committee of a new HUD Guideline requiring that owners/managers of project based section 8 communities, and other affordable housing providers to translate vital documents into as many as 135 different languages& At their own expense! These vital documents include the lease agreement, addenda, and any notices distributed to the residents. Not only would owners/managers be required to provide the translation in writing, but the guideline also requires that they provide an oral translator if necessary. This guideline went into effect on March 7th, 2007 despite stiff opposition from the apartment industry and several members of congress. The LEP guideline currently only impacts select affordable housing providers, but if left unchecked it could easily be amended to include the entire multi-family industry. NAA & NMHC are gearing up to pursue legal action if this guideline isnt rescinded soon. |
| Date |
Title |
Source |
| 1/31/2007
|
City of Orlando's Grease Management Program
|
City of Orlando - Waste Water Department |
Exerpt from the city's regulations concerning grease management:
"(x) Multifamily dwellings; such as triplexes, quadraplexes, townhouses, condominiums, apartment buildings, apartment complexes or areas of intensified dwelling which are found by the Director of Public Works to be contributing oil and grease in quantities sufficient to cause main line stoppages, lift station malfunctions, or necessitate increase maintenance on the collection system, said user(s) shall be directed to cease discharging oil and grease to the POTW and/or shall be required to install a grease and oil intercepter. [Grease trap.] The capacity of the oil and grease interceptor shall be evaluated on a case by case basis. A control manhole or inspection box for monitoring purposes shall be required and installed at the owner/operator's sole expense, as approved by the Director of Public Works."
For the full version click on the Title link at the top of this article. |
| Date |
Title |
Source |
| 1/31/2007
|
USPS Mailbox Size Regulations
|
NAA Government Affairs |
| "Final Regulations - Sept. 2004 (effective Oct. 4, 2004)
Following more than a year of negotiations, NMHC/NAA won a huge victory for the apartment industry by convincing the U.S. Postal Service (USPS) not to require apartment owners to retrofit their existing mailboxes to comply with these new USPS multi-unit building mailbox design standards. In February 2003, the USPS convened a stakeholder Consensus Committee to revise the apartment mailbox regulations, saying it needed larger, more secure mailboxes to improve mail safety and security and to keep up with growing mail volume. The USPS proposal originally called for mandatory mailbox retrofitting, but USPS abandoned that plan in the face of intense opposition led by NMHC/NAA. An NMHC/NAA study estimated that retrofitting would cost the apartment industry over $2 billion.
The new standard only applies to newly constructed buildings and to buildings that undergo a "substantial renovation" that involves structural alterations to the mailbox area. Buildings that undergo only minor renovations may still install replacement mailboxes that conform to the old requirements as long as they upgrade the locks. USPS also agreed to NMHC/NAA's proposals to exempt buildings with fewer than four units and to allow for a two-year phase-in period."
To access NAA's website you will need a member ID & password. |
| Date |
Title |
Source |
| 1/31/2007
|
Got Issues?
|
Florida Apartment Association (FAA) |
| The AAGO and FAA legislative committees invite and welcome your input on existing or emerging legislative or governmental affairs issues. If you have any legislative issues or priorities, please contact Chip Tatum at AAGO by calling 407-644-0539 or emailing chip@aago.org |
| Date |
Title |
Source |
| 1/31/2007
|
Voluntary Positions Available |
AAGO Governmental Affairs Department |
| Are you interested in giving something back to the community? AAGO would like for you to consider serving on one of the many advisory boards, committees, commissions, or authorities within the city or county of your residence. Your service on a city or county government board will bring personal satisfaction to you and the presence of the apartment management profession to these boards. AAGO maintains a list of vacancies among the areas that we serve, including the counties of Lake, Orange, Osceola, Seminole, and Volusia. For more information contact Chip Tatum at AAGO! |
| Date |
Title |
Source |
| 6/17/2005
|
New Wastewater Rules in Orlando
|
City of Orlando |
| If there is an objectionable smell coming from your property, you may have a sewer lift station problem. Even if there is no smell you may have a lift station or sewer system problem. Cities and counties are taking a closer look at how apartment communities maintain and inspect their privately owned lift stations and sewer systems and implementing more stringent requirements for them. In particular, the City of Orlando held a meeting on June 15th to address such concerns.
City codes require that any discharger of private wastewater collection system, such as an apartment community, must at a minimum provide the following:
" A copy of a contract between the apartment community and a contractor experienced in operations, maintenance and repairs of lift stations prior to committing to the contract for service.
" The contractor must prove a minimum of two years experience in lift station operations and maintenance to include pump and electrical experience.
" The contractor must have access to equipment to pull and service pumps as well as pumping and hauling lift station waste.
" The contractor must be available on a 24-hour, 7 day per week basis and be able to respond within two hours of notification of a spill or overflow.
" The apartment community must provide the city with the emergency contact information for community owners or their agents and the contractor so the city can provide notification in case of an emergency.
" Notify the Office of Environmental Control within 72 hours of any change in contractor or contractor status.
" There shall be a sign of about 24 by 30 posted on or adjacent to the lift station with red letters on a white background that contains the following information:
PRIVATE SANITARY SEWER LIFT STATION
Facility owned by
(Owner or business name and phone number)
Facility maintained by
(Contractors name and phone number)
In case of emergency contact the numbers listed above
" The city will have the right to inspect all private wastewater collection systems and can discontinue inflow into the citys system if the system is not properly maintained or if the citys system could be harmed through continued use.
" The contractor must file a user compliance report with the city Environmental Control Section every time a system is serviced.
There are stiff penalties for those in noncompliance. For more information on the reporting, service and potential penalties, please contact Theo Parslow, Environmental Specialist, City of Orlando at 407-246-2664 x 248.
Gary Scarboro is AAGO Director of Education & Government Affairs and Director of Government Affairs for the Florida Apartment Association. He can be contacted via email at gary@aago.org or phoned at 407-644-0539.
|
| Date |
Title |
Source |
| 6/30/2004
|
Landlord/Tenant Law Update
|
Florida Legislature |
| The Florida Legislature adopted a change to FS Chapter 83 that REQUIRES landlords to notify residents within 15 days before the beginning of their notice period in order to charge the resident a fee as liquidated damages for providing improper or insufficient notice to vacate.
The new law states: "A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees,penalties, and other charges applicable to the tenant under this subsection."
If you need further information on this change, please do not hesitate to contact us at 407-644-0539 or email gary@aago.org.
|
| Date |
Title |
Source |
| 6/2/2003
|
Changes to FS 83 Regarding Early Termination Fees
|
Florida Apartment Association |
| The following changes were made to the Florida Statutes, Chapter 83.575 Termination of tenancy with specific duration. These changes help to clarify the use of termination fees, liquidated damages, and notice fees:
1. A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises.
2. A rental agreement may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement.
3. If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice under s.83.57(3), the tenant is liable to the landlord for an additional one month's rent. |
| Date |
Title |
Source |
| 1/1/2003
|
City of Orlando Adds Sexual Orientation as Protected Class
|
City of Orlando |
| The City of Orlando recently amended its Human Relations code to include "Sexual Orientation" as a protected class. The clause pertaining to housing reads as follows:
Sec. 57.36. Purposes and Intent.
(1) The general purposes of this Article are:
(a) To provide for execution within the City of Orlando the policies embodied in Title VIII of the Federal Civil Rights Act of 1968, as amended to January 15, 1991.
(b) To secure for all individuals within the City of Orlando the freedom from discrimination because of race, color, religion, national origin, sex, sexual orientation, familial status, or handicap in connection with housing and public accommodations, and thereby to promote the interests, rights and privileges of individuals within the city.
(2) This Article shall be liberally construed to preserve the public safety, health and general welfare and to further the general purposes stated herein.
(3) The enforcement of this Article may be delegated by the City Council of the City of Orlando to the Human Relations Official and at his direction, the Human Relations Board, as provided in Section 57.44 of this Article.
(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1; Ord. of 12-2-2002, ยง 6, Doc. #021202901)
|
| Date |
Title |
Source |
| 3/7/2002
|
Subscribe to FREE E-mail Updates from AAGO |
AAGO, Department of Governmental Affairs |
| As a member of AAGO, you can subscribe to FREE E-mail updates and be the first to receive new information affecting the multi-family housing industry. To subscribe, simply send a brief email to gary@aago.org or call Gary Scarboro at 407-644-0539. |
| Date |
Title |
Source |
| 12/3/2001
|
Mold Hazards in the Courtroom |
National Apartment Association - AIMS Washington Update |
| In a precedent setting case, a judge has finalized a $2.7 million award
for a toxic mold case based on health claims made by plaintiffs (Darren
Mazza v. Raymond Schurtz, Sacramento County Superior Court No.00AS04795). Until now, courts have generally excluded personal injury aspects of mold claims, ruling that science has not reached the level of proof required to prove mold causes health problems. Prior decisions,including the landmark $32.1 awarded by a Texas jury in June in Mary Ballard vs. Fire Insurance Exchange (No. 99-05252, Texas Dist., Travis Co.), were based solely on property damage claims. In this most recent case, however, the jury felt the science was sufficient to find that toxic molds are very harmful to people. After a two-week trial, a Sacramento,CA judge confirmed the jury's $2.7 million award to a family who claimed to have gotten seriously ill after living in an apartment property with toxicmold. The family originally asked the apartment property to reimburse them for their belongings and moving expenses, but filed suit when the property refused.
|
| Date |
Title |
Source |
| 10/3/2001
|
Mold Action Kits Available |
National Apartment Association (NAA) |
| NAA has released a Mold Action Kit that will assist property owners and managers in the identification, treatment and remediation of mold. The kit is available to NAA members only by contacting AAGO. Please call 407-644-0539.
|
| Date |
Title |
Source |
| 7/1/2001
|
Florida Landlord & Tenant Law |
AAGO Legislative Committee |
| Near the end of its 2001 session, the Florida Legislature passed Senate Bill 838, that amends the Florida Landlord and Tenant Laws as
follows: (1) Increases the time for placing a claim on security deposits from
15 to 30 days. (2) Increases the value threshold of abandoned property from
$250 to $500. (3) Allows owners/managers to pay residents a referral fee or gift of
up to $50 in value. (4) Makes mandatory a military release clause for transfers
over 35 miles. The new law became effective on July 1, 2001. Representatives from AAGO
and other Florida Apartment Association (FAA) affiliates helped push the bills through the legislature. For more information, contact Gary Scarboro, Director of Governmental Affairs, AAGO, at 407/644-0539 or email gary@aago.org
|
| Date |
Title |
Source |
| 11/1/2000
|
Lead Hazard Awareness |
U.S. Department of Housing and Urban Development (HUD) |
| The new lead hazard rule affects all properties built before 1978 and it is mandatory that all
maintenance workers, contractors and subcontractors take a one-day training
course on lead hazard awareness and lead safe work practices. Completion of the
class will qualify your staff and provide them with the training necessary
to comply with HUD's 1012 and 1013 rules regarding Lead Hazard Reductions
that went into effect in 1992 and 2000. |
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