The Sanctuary hosts CASI spring breakfast
Over 80 condominium board members, owners, and friends gathered at The Sanctuary on Friday, Feb. 21 to hear from Steve Mackesy, managing partner at Island Management, and Joe Adams, managing shareholder for the Fort Myers and the Naples Becker-Poliakoff offices. The event was the Condominium Associations of Sanibel’s spring breakfast.
In addition to managing 65 condominium and homeowner associations on Sanibel, Mackesy is a licensed certified pool contractor with the State of Florida. Two significant changes in pool and spa operations have been evolving over the past decade. The first was the Virginia Graeme Baker Act. As implementation of this act worked its way through a federal mandate, various state modifications and counties implementing different interpretations, various changes were made to commercial pools. The latest event was that all commercial pools had to be taken off direct suction devices by July of 2013.
A second event that has caused an unexpected, but major change in pool operation, was Amendment 1 which voters adopted in 2008. This amendment resulted in a five percent decrease in the state budget which translated in a shortfall in the local health department’s budget. To make up that shortfall, the department now imposes permit and inspection fees. The state and some insurance companies are also mandating that commercial pools be brought up to current code.
For the many Sanibel pools constructed in the 1970’s and 1980’s, this can be a significant expense. In addition, state pool inspectors are shutting down pools for non-compliance with current code including slight violations such as a cracked suction grate, pool gates that don’t lock, broken safety equipment, frayed ropes, and less-than-full chemical tanks. Pool shut-downs generate an inspection fee and may take a full day or more to re-open. Mackesy suggested that associations require their pool operators to regularly inspect pools and spas to check safety equipment and to correct non-compliant items to avoid being shut down. This is not a part of most pool maintenance contracts.
Both Mackesy and Joe Adams responded to the question of chair lifts for pools and spas. Chairlifts are required for some pools as a part of the Americans with Disabilities Act, which is regulated by the Department of Justice. Another regulating body is the Fair Housing Authority, which is governed by Housing and Urban Development. Whether a property is subject to ADA or FHA rules is a matter of complex determination. Both of these agencies have developed different guidelines on who must install chairlifts and how. Due to the challenge of determining which agency a property is governed by, and how rules must be applied, both speakers advised associations to consult their attorneys.
Every year since 2005, Joe Adams has been designated a “Florida Super Lawyer”, one of the top five percent of attorneys in his field throughout the state, by a vote of his peers. For his presentation to CASI, he invited questions from the guests. Several associations reported that they ban dogs and yet receive requests to accommodate service dogs and emotional support dogs. Adams responded that regardless of association rules or bylaws, the association must determine whether they are governed by ADA rules and/or FHA rules. Each agency has different rules on whether service or emotional support animals must be accommodated. Adams reported that several years ago a number of Sanibel associations were challenged on a variety of ADA compliance issues in what appeared to be a wave of plaintiff-driven charges. For that reason, it is advisable to proactively address these issues as they come up.
This CASI breakfast was sponsored by Norris Home Furnishings, with a showroom on Periwinkle Way. Norris has just completed work on the newly-renovated Island Inn and the Kimball Lodge Condominium at the inn. They work with clients with a large range of budgets for improvements to common areas, amenities, and individual units.