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Attorneys
Kenneth S. Direktor
Chair
Joseph E. Adams
Lee H. Burg
C. John Christensen
Angela Chao Clark
Lance D. Clouse
Rosa M. de la Camara
Chris Alan Draper
Kevin L. Edwards
Lilliana M. Farinas-Sabogal
Mark D. Friedman
Yeline Goin
Michael C. Góngora
Ellen Hirsch de Haan
Anne M. Hathorn
Marlene L. Kirtland
Lisa A. Magill
Gregory W. Marler
Carlos F. Martin
Jason Hamilton Mikes
Brian Miles
David G. Muller
Raymond F. Newman
Martha Platts
Gary A. Poliakoff
David H. Rogel
Bradley F. Rothenberg
Robert Rubinstein
Sarah Spector
Cara Thomas
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Florida's coastal communities have dealt with a lot of casualties over the years. Many owners were displaced for years after Hurricanes Opal, Charlie, Wilma to name a few. While special assessments mounted to cover mitigation, repair and other costs, property owners & businesses that cater to community association management/vacation rentals lost their source of revenue - a double whammy.
In 2010, a man made disaster is impacting Florida's Gulf coast as oil continues to gush into the Gulf of Mexico. This disaster is as potentially damaging to the Gulf Coast communities as any hurricane or tornado. Community leaders, managers, staff members & owners all have a role in minimizing losses. Please, protect yourselves and your investments. Implement your disaster plan and document all losses, including cancellations of vacation plans, beach clean up, damages to personal property and the like.
As with any catastrophic loss, Gulf Coast owners and residents can expect a mass influx of outsiders looking to benefit from this unfortunate event. Contractors, public adjusters and yes, even attorneys, are likely to swoop down on the region. While BP Oil Company has created a claims process - does anyone believe that the oil company is looking out for your best interests?
Becker & Poliakoff attorneys have represented community associations in the Gulf Coast/Panhandle area for more than twenty (20) years. Helping clients recover from casualty losses is one of our services. Attorneys Ray Newman , John Cottle , Angela Chao Clark and John Townsend are already in the process of advising clients how to minimize their losses and prepare for the legal issues they will need to confront in the coming days, weeks, months - perhaps years.
Becker & Poliakoff has maintained a fully staffed office in Panhandle area since 1998, representing hundreds of community associations with respect to board/association operations, interpreting and enforcing covenants and restrictions, regulatory compliance issues, disaster recovery, insurance claims, construction disputes and more.
Floridians have been victimized by many powerful hurricanes. Such storms are dangerous reminders of the importance of proper planning, emergency preparedness, and post disaster recovery.
In 2005, Hurricanes Katrina and Wilma left widespread damage in many parts of Florida ranging from buildings with blown out windows and sliding glass doors to destroyed roofs and downed power lines, fences and trees. The attorneys and staff of Becker & Poliakoff are working to help our clients with their recovery and rebuilding based on our extensive experience in post disaster assistance including strategies for ensuring appropriate, fair and timely compensation and/or reconstruction. Our experience includes negotiating insurance settlements, litigating claims, drafting and negotiating reconstruction contracts, and working with local, state and federal emergency management agencies to expedite claims, facilitate negotiations, and secure mutually agreeable settlements. Our attorneys have written numerous articles (see below) regarding disaster preparation and recovery.
The varied and substantive information below is provided to assist you, your family, colleagues and neighbors. We hope you find it useful!
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Disaster Recovery and Planning
by Gary A. Poliakoff
In the aftermath of the storms, the importance of developing and implementing a disaster plan has become self-evident. This article is based upon first hand experience gained in assisting the victims of Hurricanes Andrew, Opal, Charley, Frances, Ivan, Jeanne, Katrina and Wilma.
Click here to download the booklet |
Important Decision
The Florida Department of Business and Professional Regulation issued a landmark decision regarding casualty repairs for condominium associations. The decision states that condominium associations are obligated to repair whatever the association insures and that the association's casualty insurance deductible is a common expense of the Association. The Department also stated this supersedes and controls over any contrary provisions in a condominium association's governing documents.
Click here for the decision in PDF
Hurricane Recovery and Rebuilding [PDF]
Click here to download the free seminar packet filled with information for community associations and homeowners about hurricane preparedness.
Topics include: protecting your property, strengthening your insurance claim, mold, insurance issues, as well as a checklist for communities affected by a hurricane.
Hurricane Preparedness Checklist
Hurricane forecasters warn of a "busier than normal" tropical storm season, which officially kicks off June 1st.
Becker & Poliakoff's 12-point Hurricane Preparedness Checklist includes the following tips for those who need to prepare their communities for the upcoming hurricane season:
- Disaster Plan – Do a risk analysis of potential consequences of a storm and develop a complete disaster plan, designating a responsible community member as Disaster Plan Coordinator and another as Information Facilitator to field queries and respond to from community members;
- Evacuation Routes - Establish clear building or community evacuation routes and be sure that all community members are provided with copies or printouts and that routes are clearly marked as storms approach; conduct building or community evacuation drills in the weeks leading up to hurricane season;
- Emergency Generators & Supplies – Be sure emergency generators are in working order and have adequate fuel supplies, stock a building or community emergency supplies storeroom with flashlights, batteries, water and other necessities for residents and employees in the aftermath of a tropical storm;
- Backup Computer Files – Be sure that computer files crucial to running the building and association are backed up to CDs or Portable Storage Devices and keep a list of office computer hardware and software vendors and repairmen in case computers crash or systems fail;
- Secure the Premises – Make preparations for routine lockdown of the building or other facilities as a storm approaches, so the building is secure during the storm and safe from vandalism or looting if a hurricane strikes;
- List of Owners & Employees – Have on hand a current, hard-copy reference list complete with the names all property owners, emergency contact numbers and details of second residence addresses, as well as a list of all association employees, with full contact details;
- Photograph or Video Premises – Keep a visual record through video or photographs of premises, facilities and buildings to facilitate damage assessment and speed damage claims in a storm aftermath;
- Building and Facilities Plans – Make sure a complete set of building or community plans are readily available for consultation by first-responders, utilities workers and insurance adjusters following a storm;
- Insurance Policies & Agent Details – Be sure all insurance policies are current and coverage is adequate for community property, facilities and common areas and compliant with State Law; full contact details for insurance companies and agents should be readily available in the event of a storm;
- Bank Account Details & Signatories – Keep handy a list of all bank account numbers, branch locations and authorized association signatories, and make contingency plans for back-up signatories in case evacuation or relocation becomes necessary;
- Mitigation of Damages – In the immediate aftermath of a storm, take the necessary steps to mitigate damages -- this includes "Drying- In," which is the placement of tarps on openings in the roof and plywood over blown out doors and windows, and " Drying –Out," which is the removal of wet carpet and drywall to prevent the growth of mold; and,
- Debris Removal – Have a plan for speedy removal of debris by maintenance staff, outside contractors or civic public works employees, should a hurricane topple trees and leave debris in its wake.
Checklist for Communities Affected by a Hurricane
Within hours of any disaster, affected communities will be besieged with offers by companies and individuals offering disaster recovery assistance. Resist the urge to contract with these initial offers until you have done the following:
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Activate Your Disaster Plan. Once residents are safe, the community must begin surveying the property and assessing the damage. A designated information facilitator should set up system of information sharing among local homeowners and a disaster coordinator should serve as liaison to emergency services providers;
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Secure your community from acts of vandalism and looting;
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Remove storm debris to prevent accidents from occurring on the property;
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Secure building structures to mitigate further damage;
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Determine needs for immediate reconstruction and evaluate financing options including advances from insurance company for financial advances. BEWARE OF ANY INSURANCE COMPANY OFFERING MONEY IN EXCHANGE FOR RELEASES OR SETTLEMENTS.
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Suspend or cancel on going contracts such as lawn or pool maintenance if allowed for in your contract;
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Review governing documents particularly anything related to "repair after casualty" provisions in the insurance section to establish process for reconstruction;
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Initiate reconstruction planning using the five phases of reconstruction: project planning/scheduling; construction bidding; contract negotiations; construction/repair/rehabilitation; project completion/close out.
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Review Insurance policies to determine filing requirements for proof of loss forms.
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Meet with licensed professionals familiar with your community including: a) architect/engineer to assess damage and prepare plans; b) construction manager to oversee selection of general contractor and begin competitive bidding process; c) attorney to review insurance policies, governing documents, construction contracts and any vendor agreements; and d) public adjuster who is independent of your insurance company's adjuster who can be helpful with the nuances of an ambiguous insurance policy. Most independent adjusters work for a fee based upon percentage of insurance proceeds.
Following these ten steps will help communities recover and rebuild as quickly and effectively as possible.
Best Advice: Make sure every contract is with a Florida Licensed and Insured Contractor and that it is reviewed by a Licensed Florida Attorney, prior to signing.
Our experience includes negotiating insurance settlements, litigating claims, drafting and negotiating reconstruction contracts, and working with local, state and federal emergency management agencies to expedite claims, facilitate negotiations, and secure mutually agreeable settlements. Our attorneys have written numerous articles regarding disaster preparation and recovery based on our experience with hurricanes in Florida.
Avoiding the Pitfalls of Post Disaster Recovery
Did you know that, in the aftermath of a casualty, the primary pitfalls, which can lead to post-disaster litigation, are:
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Disputes between the insurance carriers [flood, wind, casualty] and the Association over the nature and extent of insurance coverage.
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Suits against community associations and their boards over the mismanagement of insurance proceeds.
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Claims of contractors, sub-contractors, materialmen and suppliers, who were not paid by the general contractors, resulting in the Association having to pay double, because of its failure to comply with Florida's Construction Lien Law.
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Suits against contractors and subcontractors over poor quality repairs.
Becker & Poliakoff is assisting its clients recover from natural disasters in many ways. Clients are encouraged to visit the firm's Community Association Legislative Lobby Website, www.callbp.com to learn more.
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