Light and bright, enjoy a pool view from this 2 bed, 2 bath condo in the gated community of Fiore in the Gardens. This 2nd floor unit, is spacious with laminate flooring, balcony overlooking pool, walk-in closets and laundry in unit. The development is gated with resort like pool, play area, putting green, clubhouse, gym and on-site management. Centrally located off Military Trail just south of Donald Ross, minutes to the beach, Gardens Mall, Abacoa. I95 and Downtown at the Gardens.
10128 Caoba Street, Palm Beach Gardens
10128 Caoba Street is a single story, single family home located in Siena Oaks in Palm Beach Gardens, Florida. 10128 Caoba Street is a single story, single family home located in Siena Oaks in Palm Beach Gardens, Florida. This beautiful home has so many upgrades.
14208 Harbor Lane, Palm Beach Gardens FL 33408 in Paradise Port
The Community name is the best description for this property – Paradise Port in Palm Beach Gardens. The home at 14208 Harbor Lane is a 4 bed, 4 bath/3 car garage 2004 CBS home at the end of a cul de sac, with eastern exposure, on 105 feet of sea wall. Deep water (5 at MLW) and no fixed bridges, dock for 4 boats includes a 40k lbs lift in 45 slip. No HOA. unincorporated PB County = lower taxes. This home has all the amenities one would expect like 12 cathedral ceilings, mahogany front doors, central vac, 15 KW generator (propane), salt water pool with heated spa and Jandy wifi controls, custom kitchen cabinetry with cook island sun Z and granite counters, plantation shutters, California closets, HUGE master suite with a retreat area, WI shower, his/her vanities and WIC’s. 2 zones AC replaced in 2015 with 1 ONLY for the master. Sit and relax after a day on the boat in the waterside tiki area.
HIGHLIGHTS
3200 U. Air, 4500 SF Total CBS Built in 2004 to the 2001 FBC 140 MPH Exp B
Full impact rated hurricane panel protection.
Flood zone is shaded Zone X (Old Zone B, NOT IN SFHA) with BFE = 4’ (‘88 Datum). Top of the sea wall is 3’ (‘88 Datum).
Gourmet kitchen with vegetable sink, ¾ HP Garbage Disposal, GE Monogram Refrigerator, Dual GE Monogram wall ovens, GE Monogram warming drawer, (5) burner gas cook top
500Lb Liquid Propane Gas tank for generator, cook top, pool heater, water heater, & Clothes dryer,
15 KW propane powered generator with Generac transfer switch runs full house with both the 2 ton & 4 ton AC’s plus essentials during a hurricane.
LG Front Load clothes washer and dryer.
2014 4 ton Rheem RH1T48 A.H. with Rheem 14AJM49A01C.U. (installed 2015).
2014 2 ton Rheem RH1T24 A.H. with Rheem 14AJM19A01 C.U. (installed 2015).
2003 75 Gallon LPG American Water Heater
Nutone whole house vacuum system with kick board sweep locations in kitchen.
Water, sewer and power connection for a future summer kitchen in place.
Pool – pool and spa (heater disconnected) with Jandy Aqualink RS controls with wifi connected control unit for pool, spa, heater, lights ect. Hayward Aquarite Goldline salt chlorine generator, baby barrier.
40,000 Lb lift with Tigershark remote control system, W = 18’ L = 45’
(2) 38’ X 18’ wet slips with 5 at MLW
(1) 38’ X 15’ wet slips with 5 at MLW
Zoned sprinkler system with new controls and a Mosquito magician automatic mosquito control unit.
Low voltage exterior landscape lights.
Tiki hut with power run to it.
What can condo boards consider closed-door personnel issues
What can condo boards consider closed-door ‘personnel issues’?
STUART, Fla. – Jan. 8, 2019 – Question: Our HOA board called a private board meeting for ‘Personnel Issues.’ The meeting was held to discuss an email a director sent by mistake to the general manager. The email had some satirical comments about a board member’s decision.
The board voted to ask the director to resign for ethics reasons, and if they did not resign to remove them from their officer position. Is this a meeting that can be legally closed?
They also had private board meetings which were called to discuss a vendor contract but had it without an attorney present. The way I read the Sunshine laws that is also not a legal meeting. When I asked the board president about the meetings, he said their attorney said they were legal because they were contract negotiations. Your opinion? – R.L., Port St. Lucie
Answer: Thank you for your questions. The law applicable the Homeowners Associations is Section 720.303, Florida Statutes which provides that:
“Notwithstanding any other law, meetings between the board or a committee and the association’s attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors.” The law for condominiums is identical.
A meeting of the board to discuss the actions or communications of a director or officer as you have described is not a personnel matter in my opinion. An officer or director of the association is not the association’s “personnel.”
If the meeting was about comments made about the general manager, then it could be considered a personnel matter, but that would mean it involved something about the general manager who is the association’s employee, i.e. personnel. You indicated the purpose of the meeting was to discuss comments made to the GM about the board – not about the GM. This does not qualify in my opinion as a personnel matter that would allow the meeting to be closed to members.
Meetings to discuss negotiations about the vendor contract when the association’s legal counsel was not present are also not meetings that can be closed to the members. Even if the association attorney was present at the meeting, it likely should not have been closed because the purpose of the meeting was not to discuss “proposed or pending litigation” as required by the law below.
Boards often want to hold closed meetings to discuss matters that they otherwise do not want to publicize, sometimes for good reason such as negotiation of contract terms when there are several service bidders, but neither of the two exceptions apply for this purpose.
Question: Can the association require a $25 processing fee for approving rentals? – C.G., Palm City
Answer: Condominium and cooperative associations can only charge a fee in connection with a rental application if 1) The governing documents require the Association to approve rentals or leases and 2) The governing documents expressly provide that a fee can be charged.
Further, if the fee is authorized, the law provides that it cannot be greater than $100 per applicant with each adult deemed to be a separate applicant. However, spouses are deemed to be a single applicant. The HOA law does not address these issues, but in my opinion, the authority to charge a rental application fee must be found in the governing documents.
Richard D. DeBoest II, Esq., is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC. The information provided herein is for informational purposes only and should not be construed as legal advice.
The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
Editor’s note: Attorneys at Goede, Adamczyk, DeBoest & Cross, PLLC., respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.
© 2019 Journal Media Group, Richard D. DeBoest
What happens to closings if flood insurance expires
What happens to closings if flood insurance expires?
ORLANDO, Fla. – Dec. 4, 2018 – The National Flood Insurance Program (NFIP) generally has bipartisan support, and most lawmakers don’t want to see the program completely shut down. As a result, Congress usually extends the program when a deadline looms so they have more time to write comprehensive legislation to deal with NFIP’s current problems.
However, this Friday may be the exception, and the program could be shut down for days or weeks. Congress must pass some long-term funding bills, and President Trump has threatened to shut down the government if those bills don’t include funding for one of his big campaign promises – a border wall.
There are a lot “ifs,” but if the NFIP extension is added as amendment to a bill that doesn’t immediately pass, program funding could be cut until government operations get back on track.
The funding bill deadline was also scheduled for Friday, though that has been pushed back to Dec. 21 in deference to the death of former President George H. Bush. However, the flood bill extension deadline is still this Friday, and Congress has not yet made it clear how it will act.
NFIP hiatus and its impact on homebuyers
If a buyer needs a mortgage for a home located in a flood zone, it’s very possible the lender won’t release funds in time to close if there’s no NFIP policy in place. While mortgage banks often follow different rules, most won’t lend money unless they know the owner has insurance to cover damage from a flood.
One option in Florida is the growing availability of private flood insurance policies – ones administered and offered by private firms. However, many lenders don’t allow buyers to qualify with any flood policy outside the NFIP, depending on how a property is zoned for flooding.
“Most carriers do not recognize other policies as equal to NFIP for any flood zone higher than an X zone,” says Maria S. Wells, broker/owner of Lifestyle Realty Group in Stuart, 2017 Florida Realtors® president and 2019 Region 5 VP for the National Association of Realtors®. “And a (flood insurance) lapse would still have devastating effects for closings.”
While more Florida insurance companies are starting to offer private flood insurance policies – ones that don’t rely on the federal government to keep extending the NFIP – it probably won’t help new homebuyers.
Wells says private policy issues need to be addressed in any comprehensive update of the NFIP. If a homeowner cancels NFIP coverage and goes with a private insurer, for example, what happens if that private insurer goes out of business or greatly increases the cost of coverage? Will the homeowner be able to return to NFIP for coverage?
“Until Congress can pass a responsible bill to make the NFIP solvent, deal with mitigation issues and level the playing field with rates, we will continue to have a broken system that keeps getting kicked down the road leaving homeowners and their communities in peril when Mother Nature decides to pay a visit,” says Wells.
Homebuyer options if NFIP expires before closing
- Buyers may be able to secure NFIP coverage before closing if they apply and receive confirmation before the program shuts down.
- Buyers may “assume” the current policy owned by the seller under certain conditions. For this to work, the seller must have coverage and be willing to transfer it. Check GR 15 in a PDF doc posted online at FEMA’s website.
- Secondary lenders that purchase mortgages have their own guidelines on how to handle a flood insurance lapse. A lender may, for example, create a legal way for buyers to put money in escrow and sign docs so they can get NFIP coverage as soon after closing as possible. However, this isn’t necessarily common.
- Should flood insurance expire, FHA, Fannie Mae, Freddie Mac and VA will probably release guidelines with more information.
© 2018 Florida Realtors®
1701 Marine Isle Way, 503, Jupiter, FL 33477
Just previewed 1701 Marine Isle Way unit 503 for a client. This unit is a gem, move-in ready, fully renovated and the furniture is negotiable. This 5th floor penthouse condo is located in the Marina at the Bluffs in Jupiter, Florida with direct intracoastal views and a short walk to the beach, shops and restaurants. This penthouse unit has been tastefully renovated with new wide plank flooring throughout, a new light and bright kitchen with white shaker cabinets, quartz countertops, marble backsplash, stunning sink and waterfall island. It has fully renovated bathrooms, custom closets and all new appliances including a new washer and dryer. Both bedrooms have the plank flooring. The unit has cathedral ceilings with white shiplap planks. This condo has a large laundry room and a bonus room off the laundry room that can be used as a storage area or office. The large balcony looks out over the intracoastal and the front walk-way has marina views. The community has a swimming pool, tennis courts, bocce ball and marina. 1 pet when fully grown under 20lbs is permitted at the associations discretion. Each unit gets one numbered parking space and there is plenty of guest parking. Trucks, vans and campers are not permitted.
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