Avoid the Scammers in Immigration

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If you’re in the immigration process, you know the system is very tricky and can be confusing. Trying to get information from a government agency often seems futile. The forms to fill out can be more than three dozen pages long.

As such, the number of people looking to prey on that confusion is limitless. It’s very difficult to distinguish between people who are legitimate and those who are just trying to get as much money from you as possible.

Many people do not realize how bad the situation is until they receive that notice to appear for removal proceedings before an immigration judge because the forms they signed were not correct or a clear law was not followed. By hiring someone who is only out for your money, you could be tagged for removal even if you should qualify for a green card or work authorization.

The moral of the story is, make sure that you are using a knowledgeable attorney who has experience, and is someone that you can trust. Here are a few things to look out for when seeking professional assistance with your immigration matter:

  1. Make sure that the person you are meeting with is a licensed attorney not subject to any disciplinary proceedings. Ask for the attorney’s bar number and state/territory they are licensed in so you can look them up to make sure they are actually licensed and not subject to any disciplinary proceedings. If they are not a licensed attorney in good standing with their state bar or an accredited representative, they are not authorized to assist you with your immigration case. You can also check the Executive Office for Immigration Review (EOIR) list for all disciplined practitioners.
  2. Review the forms before signing and never sign a blank form. Make sure that you see the forms being submitted on your behalf before they are submitted. If you need a translator, ask for one or bring your own. Never sign a blank form or a blank piece of paper as you may not know what is submitted on your behalf and it could negatively impact your case.
  3. You should never be charged for the form itself. It’s OK to be charged for filing fees and for an attorney’s time to prepare forms, but you should never be charged for the actual form itself. This is a sign you are dealing with someone who is looking to take advantage of you. All forms are available online for free.
  4. Get a receipt for any payment made. If you think you were scammed, this is an essential piece of evidence for your case.
  5. Do not let your attorney keep your original documents. The attorney should always make copies of your personal documents, such as a passport or driver’s license, while you keep the original documents. If an original is needed, the immigration official will ask to see it at an interview or hearing. Do not submit originals.
  6. Do not trust anyone who claims to know about secret laws. Any new laws or regulations are public and all legitimate immigration attorneys will be up to speed on any new laws.
  7. Do not pay to be put on a waiting list: There is no such thing as a “waiting list,” but it sounds legitimate. It is not.
  8. Track your case. It’s important to understand immigration cases take a long time, but you can track your case with the U.S. Customs and Immigration Services. Your attorney will provide a receipt notice from the agency that can be used to see your status at USCIS.gov. Plus, if you are in removal proceedings, there is a hotline that can be used to track the status of your case and to see when you have your next hearing date.

If you try to use these and nothing comes up and the person you used to assist with your application or who says they are representing you in Court does not answer your calls within a reasonable amount of time (at least a week), you may need to get a second opinion.

  1. Watch out when using a notario publico. In many countries, the use of a notary public or notario publico is almost the same as using a lawyer. That is not the case in the United States. These individuals will charge excessive fees and could even subject you to removal from the United States.

Unfortunately, many people have been harmed by the use of notaries. They thought they were doing the right thing because it was an individual they trusted or they heard of someone who was able to get a work permit. They did not get a work permit and ended up in removal proceedings because an asylum application was filed or other type of application that the person did not qualify for.

One of the key issues is cost – but if the cost seems to be too good to be true, it almost always is. Yes, an attorney costs more upfront than a notario or another scammer.

However, in the long run, getting a competent Immigration attorney to assist you will save you money as you will need to pay for an attorney to fix the mess that is made, if it is fixable.

Remember, you do get what you pay for. Don’t become a cautionary tale. Many law firms will provide payment plans to assist those on a budget. Don’t let the cost of representation push you into making a decision that could negatively impact the rest of your life.

The attorneys at The Orlando Law Group represent immigration clients in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, Sanford, St. Cloud, Kissimmee, and throughout central Florida.

If you have a question about your Immigration case or whether you may have any immigration benefits available to you, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both businesses and individuals alike.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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Immigrating to Central Florida after your Vacation

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Every year, millions of visitors flock to Florida for vacation and for business. It’s one of the most popular destinations for travelers around the world. In Orlando, we’re the home to one of the world’s largest convention centers and, of course, a conglomeration of theme parks not found anywhere else.

If you’re a citizen of 40 countries listed here, you typically don’t need to get a visa to come for a short period to the United States as long as you register with the United States.

But for the rest of the world, a visa is required.

Like so many of us who already call Florida and Orlando home, many of the people who come to our city and state, like you, fall in love with the opportunities here, the natural beauty and the temperate weather. For them, The Orlando Law Group is here to help.

To be clear, there are processes that are required in this situation that everyone must follow and in no circumstance are we implying there is a way around those processes.

Of course, how an individual can turn a travel visa into a more permanent visa is extremely varied and unique to each person’s individual situation. Here are a few things to keep in mind.

  • If you are here from one of the 40 countries and are here on a waiver, you must return and work on your visa from your home country.
  • Almost all visas require you to apply and interview from your home country, so just staying in Orlando is not a good option
  • Always have the intention of returning to your home country. Yes, things may happen while you are here – you meet the love of your life or are offered a great job – but if the government thinks you were coming here to stay, you will be rejected.
  • Do not overstay your visa. Extending your visa is not that difficult compared to other immigration issues, but if you overstay your visa, you will almost certainly be denied any long-term solution.
  • Do not commit any crime while you are here, this includes things like driving under the influence or possessing narcotics, including marijuana.

So, let’s talk about some of the reasons why people want to say in the United States and how The Orlando Law Group can work to help their unique situation.

I met my soulmate while on vacation

Congratulations! It is truly wonderful to see people in love want to spend the rest of their lives together.

We certainly understand the desire to want to be together, it’s just important to understand that it takes time to ensure that it happens legally and without any complications down the road.

There could be an entire blog on how to get married to someone from another country as it is not an easy process like just showing up at the immigration office with a marriage license. Here’s a couple of key things you will need to know.

  • A K-1 visa, known as the “Fiancé Visa,” takes a long time to acquire. As of August 2022, the shortest wait time after you fill out the required documentation is around five months, extending to more than a year with some immigration facilities.
  • The start of the process is the I-129F form. It’s more than a dozen pages long and asks probing questions about you, your fiancé and even your parents!
  • You’ll need to compile a lot of documents, including a certificate from the police of any country you have lived for more than six months.

We often see couples who set a date for their wedding – they are excited to start this journey – only to find out it will take longer to settle the immigration process. We always recommend not placing any non-refundable deposits until you have at least started the process.

The U.S. State Department has a great – and long – list of what needs to be done to just acquire the fiancé visa here. As you can see, it is quite detailed, which is why you should reach out to The Orlando Law Group to help.

I was offered my dream job while on vacation

How exciting! Now, for the difficult part to ensure your visa is approved so you can move forward in your career.

Like most aspects of the law, it’s extremely difficult to directly say what you need to do without looking at your specific case. After all, there’s more than two dozen different types of visas that you may be eligible to receive to work in the United States.

Be sure to understand that you will need to return to your home country before moving to the United States and starting that job. Simply extending a tourist visa will not work. You’ll be subject to interviews at the consulate in your home country and will need to show you are maintaining a permanent residence in that country.

You’ll also need to have full support from your future employer. There are hoops they need to jump through as well to bring you to the United States. We advise you are open on your immigration status with a potential employer. We can help advise them too!

Finally, just like everything else in immigration, it’s not a quick process, although some consulates are faster than others. Your wait time could be more than a year to be processed in some places and with some visas. You can find a great tool to determine approximate minimum wait times at consulates across the world here.

I came for a convention and realized I need to expand my business into Central Florida

Orlando is often listed on many sites as being one of the premier places to do business in the world. Aside from the thriving tourism and entertainment industry, our community is also home to one of the top technology centers, along with the global capital of the modeling, simulation and training industry, supporting militaries worldwide. More than $6 billion flows through Orlando in that industry alone, every year.

Compared to other forms of immigration, expanding your business to the United States is significantly simpler. The United States wants foreign investment and job creation, so, in 1990, it created the EB-5 process to help promote this effort.

What does that mean for you? In its simplest terms, you’ll need to employ a minimum of 10 workers and invest at least $800,000 and you’ll be eligible for an EB-5 visa for your business and your family.

Now, there are other stipulations. There are new caps on EB-5 visas and the amount of money invested has changed very recently. Much of it is dependent on if you are investing in a targeted investment area.

Plus, while it is relatively simple, you cannot break the rules at the beginning of this article. If you overstay your visa and don’t follow the proper steps, you could lose your immigration status and any investment you made.

It’s critical to reach out to The Orlando Law Group, which has a practice devoted to business law in addition to our immigration practice.

If you are looking to extend a travel visa in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Sanford, Lake Nona, St. Cloud, or Kissimmee, we’re here to help you with a full team of attorneys who care about you and your circumstance and treat you with compassion while seeking the best possible outcome for you and your loved ones.

The attorneys at The Orlando Law Group represent clients in immigration in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Sanford, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you would like to schedule a consultation for immigration issues, this information is in case you ever find yourself or a loved one needing to use it.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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Do I really need an Immigration Attorney?

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The short answer to that question is absolutely. The Immigration process can be very tricky for those who are not familiar with the process. There are many different government agencies involved (USCIS, EOIR, ICE, NVC, DOS, CBP, etc.) and the forms can be super confusing. Some forms have instructions that are over 40 pages long and trying to get information from the government agencies by calling to ask a question is as futile as talking to a wall. To top it off, there are a lot of people out there that are looking to make a quick buck at the expense of your future.

In many countries, the use of a notary public or notario publico is almost the same as using a lawyer. That is not the case in the United States. The process for becoming a notary in the U.S. is no where near what a notary has to go through in other parts of the world. Additionally, a notario is NOT an attorney. There are many people out there that will promise you that they will get you a work authorization or green card when there is no legal basis for the application. These individuals will charge excessive fees and could even subject you to removal from the United States. I have personally seen many people who have been harmed by the use of notaries. I have had many clients who thought they were doing the right thing, because it was a person they thought they trusted or their brother’s best friend’s Aunt used this person and they were able to get a work permit. They did not get a work permit and ended up in removal proceedings because an asylum application was filed or other type of application that the person did not qualify for.

Many people do not realize how bad the situation is until they receive that notice to appear for removal proceedings before an Immigration Judge. And once an application is made, even if you have no idea what you signed, the Government will take the position that you did because you signed the form. Lying or providing false information to a government official could be considered a misrepresentation which could make you inadmissible and/or removable. This means that you may not be able to seek certain immigration benefits even if you end up qualifying for a certain type of relief at a later date. The law is always changing. You may not qualify today for a green card or work authorization, but that could very well change.

The moral of the story is, make sure that you are using a knowledgeable attorney who has experience, and it is someone that you can trust. The Immigration process is complex and can be scary. Below are a few things to look out for when seeking professional assistance with your Immigration matter:

  1. Make sure that the person you are meeting with is a licensed attorney not subject to any disciplinary proceedings. In order to practice Immigration law, the attorney only needs to be admitted to practice law in a state or territory of the U.S. Ask for the attorney’s bar number and state/territory they are licensed in so you can look them up to make sure they are actually licensed and not subject to any disciplinary proceedings. There are also BIA Accredited Representatives, who are non-lawyers working at non-profit organizations that have been granted permission to provide Immigration help by the U.S. Department of Justice. If they are not a licensed attorney in good standing with their state bar or an accredited representative, they are not authorized to assist you with your Immigration case. You can also check the Executive Office for Immigration Review (EOIR) list for all disciplined practitioners.
  2. Review the forms before signing and never sign a blank form. Make sure that you see the Forms being submitted on your behalf before it is submitted. If you have any questions, go over them with the attorney. If you need a translator, ask for one or bring your own. Never sign a blank form or a blank piece of paper. This is one way to get yourself in trouble as you may not know what is submitted on your behalf and it could negatively impact your case. Always ask for a copy of what is submitted on your behalf.
  3. You should never be charged for the Form itself. Most forms have filing fees and most attorneys will charge a fee for their services to prepare the forms and the accompanying evidence. However, you should never be charged for the actual form itself. This is a sign you are dealing with someone who is looking to take advantage of you. All forms are available online for free.
  4. Get a receipt for any payment made.
  5. Do not let your attorney keep your original documents. The attorney should always make copies of your personal documents, while you keep the original documents. If an original is needed, the Immigration official will ask to see it at an interview or hearing. Do not submit originals.
  6. Do not trust anyone who claims to know about secret laws. Any new laws or regulations are made public. Beware of people who ask you to pay to be put on a waiting list. This is not a thing.
  7. Track your case. In almost every scenario where you are seeking an Immigration benefit, you can track the status of your case. Many of these cases take time. They can take a very long time. This is due to the very very long back log of cases. If you used an attorney, you should be provided with a receipt notice once your application was submitted and received by USCIS. This can take a couple of weeks. That receipt notice will have a receipt number that can be used to track your case status online as uscis.gov. If you are in removal proceedings, there is a hotline that can be used to track the status of your case and to see when you have your next hearing date. If you try to use these and nothing comes up and the person you used to assist with your application or who says they are representing you in Court does not answer your calls within a reasonable amount of time (at least a week), you may need to get a second opinion.

The last point I want to make, and one of the main reasons people choose non-lawyers to assist them, is the cost. Inflation is high and the cost of everything is being felt by everyone. Many people are looking to save money where they can, and this can make people weary of using an attorney because attorneys can cost more than using a notario. However, in the long run, getting a competent Immigration attorney to assist you will save you money. The notario will likely mess up your case and you will end up having to pay for an attorney to fix the mess that is made, if it is fixable. Remember, you do get what you pay for. Don’t become a cautionary tale. Many law firms will provide payment plans to assist those on a budget. Don’t let the cost of representation push you into making a decision that could negatively impact the rest of your life.

The attorneys at The Orlando Law Group represent immigration clients in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Sanford, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you have a question about your Immigration case or whether you may have any immigration benefits available to you, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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Student Loan Forgiveness

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One of the biggest obstacles to getting back on your feet financially are student loans. They usually have a very high interest rate and are very difficult to find relief through traditional methods, like bankruptcy.

Thankfully, there is relief on the way from the federal government. And, the attorneys from The Orlando Law Group are here to help you navigate.

First and foremost, do not fall for any scams or people calling asking for your forgiveness applications or from people and organizations that sound too good to be true. Just like so many other things, if it’s too good to be true, it probably is. If you have any questions about your student loans or people who approach you, please feel free to call.

While there are people trying to take advantage of you, student loan relief is absolutely real and you are probably eligible for some relief.

FIND OUT ABOUT YOUR STUDENT LOANS

The first thing you must do is find out what type of student loans you have. Not all student loans are the same and not all loans are eligible for relief.

To find out what type of loans you have, visit StudentAid.gov and update your information. You want to make sure you have a loan that is serviced by the United States Department of Education. Only those loans are eligible for relief currently.

Unfortunately, if you have a loan through the Federal Family Education Loan Program, you will not be eligible for the 10k or 20k relief, per a recent news release.  These were loans taken out before 2010. These loans were made to students by nonprofits, banks, and other private lenders and guaranteed by the federal government. Some of the FFELP loans were converted to direct loans during the Great Recession, but not all of them. In fact, more than 11 million loans are the FFELP loans.

By submitting your information on the StudentAid.gov site, you will quickly know how you should proceed.

ACT QUICKLY FOR THE PSLF PROGRAM

If you are employed by a government or not-for-profit organization, you could possibly be eligible for the Public Service Loan Forgiveness program that can truly help your situation.

According to StudentAid.gov, you are eligible for relief under this act if:

  • work full-time for that agency or organization.
  • have Direct Loans (or consolidate other federal student loans into a Direct Loan).
  • repay your loans under an income-driven repayment plan*; and
  • make 120 qualifying payments.

If you think you qualify, sign up soon.

Plus, there is a program that you can utilize for relief – but the deadline is October 31, 2022. This program will provide credits for any payments you made during the pandemic. For more information, please review this site, but understand you must have been employed for a government entity or for a 501(c)(3) during that time period.

To be clear, serving in the military does qualify as having a government entity – so active military with student loans should review this as soon as possible.

UP TO $20,000 IN RELIEF FOR YOU

In August, the White House officially made a one-time student loan relief payment into law. The summary from the federal government is:

The U.S. Department of Education (ED) will provide up to $20,000 in debt relief to Federal Pell Grant recipients and up to $10,000 in debt relief to non-Pell Grant recipients. Borrowers with loans held by ED are eligible for this relief if their individual income is less than $125,000 (or $250,000 for households).

Applications for the program are now open. Go to studentaid.gov, log in and go to student loan forgiveness to complete a simple application. People who think they are eligible will need to apply by December 1 for this debt relief.

This link has a tremendous Q&A for your reference, but here are a couple of questions that maybe of interest to you.

  • What kind of loans are eligible? The relief act specifically listed the following:
    • William D. Ford Federal Direct Loan (Direct Loan) Program loans
    • Federal Family Education Loan (FFEL) Program loans held by ED or in default at a guaranty agency
    • Federal Perkins Loan Program loans held by ED
    • Defaulted loans (includes ED-held or commercially serviced Subsidized Stafford, Unsubsidized Stafford, parent PLUS, and graduate PLUS; and Perkins loans held by ED)
  • What if my spouse and I consolidated our loans? One of the best parts of the legislation was that you can separate out the two loans for relief meaning if both you and your spouse received Pell Grants along with student loans, you could be eligible for up to $40,000 in relief.
  • What steps do I need to take now? Again, go to StudentAid.gov and make sure they have all your information. Plus, follow up with your servicer to make sure they have your current contact information.
  • What if I haven’t made a payment in a while? Defaulted loans are eligible to receive the relief. Additionally, there has been discussion of a Fresh Start program for loans that are default. Watch for information on this around July 2023. You can also look for a new income repayment plan that will start around July 2023.

Like with everything the government does, it’s not always easy to obtain the relief that is offered. There will be lots of questions and often it will not be easy to get someone on the phone to ask your questions.

Of course, our attorneys are available to help you with this and other issues facing your finances. It’s important that you start the process as soon as possible to get them back in order and get you on track to success.

The attorneys at The Orlando Law Group represent clients with financial difficulties in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you would like to schedule a consultation for student loans, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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Pride Month

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June is Pride Month, and here at The Orlando Law Group we are proud to support local LGBTQ+ owned businesses and initiatives! This is particularly important here in the City Beautiful, as Orlando has earned a perfect score from the Human Rights Campaign’s Municipal Equality Index, which measures the LGBTQ+ inclusiveness of city policies, and we are home to the most households owned by same-sex couples in the entire state of Florida and the fourth most in metropolitan areas nationwide. We are proud to cater to a diverse range of clientele, serving each person who walks in the door with the same amount of time, level of service, and attention to detail!

The History of Pride Month

Pride Month is celebrated every year in June in order to commemorate the 1969 Stonewall Uprising, where New York City police raided the Stonewall Inn, a gay club located near Manhattan. The raid provoked a riot among bar patrons and nearby residents, leading to six days of protests. The Stonewall Riots served as a tremendous catalyst for the gay rights movement in the United States and around the world. The purpose of the month is to recognize the impact that lesbian, gay, bisexual, and transgender people have had on history both nationally and internationally. Today, celebrations of LGBTQ+ Pride Month include pride parades, picnics, parties, and memorials, attracting millions of participants around the world.

Showing Our Support

At The Orlando Law Group, we are delighted to support members of the LGBTQ+ community, not only through our continued support and sponsorship of many LGBTQ+ businesses and initiatives, but also through our variety of legal services offered. We recognize that there is nothing worse than dealing with discrimination and judgement, while already navigating the complex legal world. That is why at The Orlando Law Group, we are firmly committed to excellent representation for all clients. We are proud to continue to represent all members of the LGBTQ+ community in any family law, including adoption, or estate planning matters they may have.

Adoption is a wonderful way to grow a family, and the presence of an adoption attorney can help you avoid any potential legal mistakes or setbacks as you welcome your newest addition. Florida was the last state to rule the ban on gay and lesbian adoption as unconstitutional in 2010, taking an important step towards equality. For adoptions through state-run agencies or private agencies that receive state funding, you cannot be discriminated against based upon your sexual orientation. To learn more about different types of adoption and the laws surrounding adoption, visit our previous article: “Know The Law When Adopting a Child.”

Losing a loved one is never an easy experience, but estate planning is vital in lightening the pain of the process. While the legalization of same-sex marriage in 2015 was a significant step towards equality, it is not a 100% fallback in estate planning. For unmarried couples, a comprehensive estate plan allows couples to protect each other with or without the benefits of marriage. Some couples believe that all they need is a will in case one partner passes away, but a will by itself does not successfully protect the surviving spouse if one partner dies, and it may not adequately protect any children. It also does nothing if one of the partners were to become incapacitated. Having an attorney by your side to plan your estate will protect your spouse, partner, or any children if anything were to happen.

The attorneys of The Orlando Law Group are well-equipped with the knowledge and experience to aid in your quest to grow your family, plan your estate, or any other family matter you may have. Call us at 407.512.4394 and schedule a consultation today. Happy Pride!

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Safety Tips

Trick-Or-Treating Safety Tips

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Association Managers and Board Members have been under tremendous pressure and are faced with many unprecedented circumstances this year.

As Halloween approaches, many communities will be filled with little trick-or-treaters, and each Community Association must decide whether they are going to permit trick-or-treating within their neighborhood.

While the Board has the authority to make decisions on behalf of the Association for the safety and wellbeing of its residents, we highly recommend that you consult your Association’s attorney as you evaluate what stance your community will take in regards to trick or treating and ensure that your board follows the proper protocol in implementing your decision.

For those Associations choosing to allow trick-or-treaters within their community, here are a few safety tips that you can share with your residents:

For Residents wishing to hand out candy

  1. Wear a mask
  2. Hand out the candy to the kids individually (do not let the kids pick out the candy)
  3. Use hand sanitizer or wash your hands with soap and water in between handing out candy; or
  4. Set up a treat table outside with the candy spread out or placed in treat bags so that the kids can grab one item without touching the rest

For Kids going trick-or-treating

  1. Wear a mask (not a costume mask)
  2. Take hand sanitizer and use it frequently
  3. Do not travel in large groups and stay with the same group
  4. Stay outside
  5. As soon as you get home wash and change clothes

Remind your residents that your primary objective as Managers and Board Members is the health, safety, and well-being of all residents of the Association. As a community, you must put your neighbor’s health over convenience and discomfort.

Share these tips with your residents so that they are aware of the policy. Speak with your Association attorney as to the best way to adopt any guidelines and share them with your community.

The best way to stay involved is through thorough communication, and as always, we’re here to help in any way we can. Our attorneys are experienced, and ready to help you find solutions. They also care about the communities they are involved in.

Want to read more of our materials on Community Associations and HOA law. Visit the blog section of our website – where all of our articles are posted.

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Community Associations Navigate COVID-19

Community Associations Navigate COVID-19

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The role of a Community Association Manager is both innately complex in how it gets done, but also quite pointed when it comes to the main objective: to ensure increasing connectivity and value within the community. Attorneys can play a big role in how they help. There are many legal crossroads that can make navigation complex, and that is where a great lawyer can help you through the process. As one might imagine, COVID-19 has placed upon us new challenges to overcome. In this article, The Orlando Law Group is here to help Community Associations navigate COVID-19 and any hurdles they may be facing.

We are always striving to become your source for information that can help you navigate these crossroads, and below, you will find some questions and answers to help during this time. If there is something specific that your community is undergoing, do not hesitate to reach out to us. So many times, people have niche problems that require specific answers. What if someone tests positive within the community?

What if someone tests positive for Covid-19 within the community?

There are really two perspectives of thought if someone tests positive for Coronavirus. On one hand, you must have the community’s best interests in mind, but you must also protect the privacy of the individual. If the individual gives permission, you can disclose their name. This can be specifically helpful because it will allow anyone who believes they have met that individual to get tested as well.

What if the person wants their identity kept from the community?

If that person wants to be kept anonymous, you still may want to let the community know that an individual has tested positive. This will allow them to take more precautions and at the very least be aware. You want to avoid potential liability if a board becomes aware of a concern and simply fails to notify the community in any way. Silence simply could result in damages and liability, which we want to stave off at all costs.

How should Community associations navigate shared facilities during this time?

You might be asking yourself, what about our gym? What about the common areas? It all depends on whether the board feels that closing those facilities down will preserve the health of the community. No matter what the action, it should always be done because it is in the best interest for the owners and people that live there. If such actions are executed, clearly written notifications should be produced.

Should this affect the Association’s collections?

One of the complications that COVID-19 has placed upon us is the fact that many are out of work and are struggling financially. As Community Associations navigate COVID-19, they must stay sympathetic yet strong. The hard truth is that because collections are a part of the annual budget, they cannot be waived. We recommend carrying on with collections as usual, and if special circumstances are needed, apply them as temporary assistance only. The money owed cannot and should not be waived no matter how hard the struggle may be, only to preserve the fairness of what is written in the agreements that have been signed by the owners.

How Should community Associations navigate potential renovations?

For the time being, having contractors enter the community may be on an emergency basis. Although it may be a complicated issue to navigate, the risk of having COVID-19 spread could be very dangerous indeed. Activities such as open houses and showings should be avoided, and work on the property should only be accomplished if it is necessary.

Although we are beginning to enter Phase Two of getting back to business, we want to remain cautionary with our approach. It is very important that you remain in good communication and dialed in to what your community needs during this time. If complications arise, you can be ahead of the game if you are clued into what is on their minds.

As lawyers, it is our intent to help clients navigate complicated issues, and many times that involves being caught between two objectives. With COVID-19, keeping the community thriving as well as safe and healthy are very important aspects of what Community Associations aim to achieve. We want you to stay encourages as your Community Association navigates COVID-19 during this time. How are they accomplishing their goals?

The points above are just the beginning of our journey back to normalcy. It will take time, and there will be hurdles that we face along the way. It is important to remember that, with a moratorium placed on foreclosures and evictions, we could be facing all kinds of complications in time. Having processes and procedures in place to be ready for all possible outcomes will benefit us in the future. As Community Associations navigate COVID-19, The Orlando Law Group is always here to listen, to care, and to help you solve any problems you may be facing. Give our HOA Page a look for more information regarding Homeowners Associations for examples of services we provide.

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Paycheck Protection Program Flexibility Act

[Advisory] Understanding the Paycheck Protection Program Flexibility Act

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Here is a round-up of what we know about the Paycheck Protection Program Flexibility Act that was signed into law this past Friday.

President Trump signed into law the Paycheck Protection Program Flexibility Act (PPPFA) with the intent of easing requirements for loan forgiveness under the PPP loan program.

Here is a brief review of what is included in PPPFA:

Changes in the required spend on payroll

The requirement to spend 75% on payroll costs has been adjusted to 60%. The requirements for using the remaining 40% (formerly 25%) have not changed; intended use includes rent/mortgage payments and utilities.

Increase in the timeframe to spend the loan proceeds

The PPPFA extends the time to spend loan proceeds from 8 to 24 weeks.

Since the PPP loan calculation included the average of monthly payroll costs in 2019 multiplied by 2.5, providing more time to use the funds should allow businesses some breathing room to spend the loan proceeds on qualified expenses. 

Important notes on the PPP loan compensation

The timeframe to apply for forgiveness has not changed; businesses can apply for forgiveness as early as eight weeks after receiving proceeds.  

The deadline to rehire employees is pushed back to December 31, 2020, giving employers a bit more flexibility in getting wages to count towards forgiveness.

The requirements to rehire employees have also been eased. However, employers need to document carefully, in writing, attempts to rehire an employee who rejected the job offer. 

If an employer can demonstrate an inability to hire a similarly qualified individual, the business may still qualify for loan forgiveness.

If a business is unable to return to the same level of activity that was engaged before February 15, 2020, the business may still qualify for loan forgiveness.

Extension on repayment

The terms for loan repayment have been extended from 2 years to 5 years. The repayment schedule now defers the first payment for six months after the SBA makes a forgiveness determination

The loan repayment term is extended from 2 years to 5 years. The first payment will be deferred for six months after the SBA makes a forgiveness determination.

PPPFA allows businesses to take advantage of deferring the employer’s payroll taxes. Initially, the CARES Act did not permit deferment on the forgivable portion of the loan. 

The deferrable amount is the employer’s portion of social security taxes that would have otherwise been due between March 27, 2020, and December 31, 2020. Now, 50% can be deferred until the end of 2021, and the remaining 50% is due by the end of 2022.

Breathing room for business working to operate at 2019 levels

This new law appears to be a step in the right direction. For companies that have been unable to perform at the same levels as in 2019 and early 2020, this law provides some breathing room. 

In the hands of the SBA

It will be up to the SBA to interpret the Paycheck Protection Program Flexibility Act. Our recommendations on moving forward include meticulously documenting every financial transaction in your business and making sure you pay close attention to the expenditures that qualify for loan forgiveness.

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re-opening associations

Opening Up Phase One: A Guide to Re-opening Associations

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As we enter Phase One of re-opening Florida, a question in all of our minds is, how does this affect re-opening associations and our communities? As managers and board members, we are sure you are getting a lot of pressure from both ends of the spectrum. On one end, protect the residents, and on the other, open everything up! While managers and board members certainly have no legal obligation to guarantee the health and safety of their residents, there is a degree of care that is expected given that the Association is responsible for the maintenance and the running of the Association amenities. The Association can be held liable for negligence for failure to take precautionary steps in light of foreseeable harm. 

It is accepted that we are amid an international healthcare crisis that has been acknowledged and addressed by our National and State Government officials. With guidelines from the Center for Decease Control (CDC) and State officials, it is reasonable to expect that residents would have a right to hold a Manager and their Association board to a Duty of Care comparable to those standards.    

While the board does have the authority to shut the Association amenities down, per the DBPR issued Emergency Order 2020-04 (Florida Statute 718, 719, 720 Board Emergency Powers have the same application under this order as they do under the Statute), we are not saying this is always in the best interest of the Association. 

It is a case by case situation and will depend on the amenity, the resources of the Association, the Association documents, the location of the Association, and the particular circumstances affecting that Association. Below are some general guidelines to assist you with beginning your “reopen” discussion. However, we strongly recommend you speak with your attorney before implementing any plan. 

Phase One: A Guide to Re-opening Associations Step 1: 

Are you insured? It is crucial that the Association contact your insurance agent and determine what exposure the Association, the board members, and managers have by reopening the amenities. Some policies do have bacterial exclusions, but most policies do not have viral or infectious disease exclusions.  

Phase One: A Guide to Re-opening Associations Step 2: 

Create specific guidelines for each amenity within the Association. Generalized instructions and waivers are easy, but also create more of a gray area, opening the door for potential claims against the Association. Having specific guidelines and exemptions for each amenity shows that the Association took the extra steps to ensure that the residents were aware of the particular restrictions for that amenity and accepted and agreed to abide by the rules for that specific amenity. 

Tennis Courts/ Racketball Courts  

  • Require residents to sign a waiver/ disclaimer before use 
  • Post guidelines/rules next to court 
  • Remove observation seating 
  • Limit playtime to allow usage by maximum residents and consider a signup sheet with time slots to avoid gatherings  
  • Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
  • Require proper social distancing of 6’ at all times 

Swimming Pools  

  • Require residents to sign a waiver/ disclaimer before use 
  • Post guidelines/rules next to the pool and within the pool area 
  • Remove all pool furniture and suggest residents bring their own if desired 
  • Close off all areas except the pool and direct access to the pool 
  • Limit the number of residents allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
  • Consider a signup sheet with time slots to avoid gatherings and disappointments.  
  • Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
  • Require proper social distancing of 6’ at all times 
  • Consider having an Association attendant at all times the pool is open to ensure the rules are being followed. 

Community Workout Room  

  • Require residents to sign a waiver/ disclaimer before use 
  • Post guidelines/rules next to the workout room and within workout room 
  • Require face mask to be worn when not working out 
  • Require personal gloves to be worn at all times 
  • Limit the number of residents allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
  • Consider a signup sheet with time slots to avoid gatherings and disappointments.  
  • Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
  • Require proper social distancing of 6’ at all times 
  • Consider having an Association attendant at all times the workout room is open to ensure the rules are being followed and equipment is wiped down after each use. 

Basketball Courts  

  • Because basketball is a contact sport, we are recommending at this time that basketball courts remain closed. 
  • You can consider removing the rims to ensure that no play will be permitted. 
  • Post clear signs that the court is closed until further notice 

Playgrounds 

  • We are recommending at this time that playgrounds and child play areas remain closed. 
  • Post clear signs that the playground/play area is closed until further notice 

Spa/Jacuzzi  

  • We are recommending at this time that spas and jacuzzies should remain closed at this time. 
  • Post clear signs that these facilities are closed until further notice 

Restaurants  

  • We are recommending at this time that these should remain closed at this time. 
  • Post clear signs that these facilities are closed until further notice 

Clubhouse Meeting Rooms  

  • Require residents to sign a waiver/ disclaimer before use 
  • Post guidelines/rules next to the facility and within the facility 
  • Require face masks and gloves to be worn when appropriate 
  • Limit the number of residents/guests allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
  • Consider a signup sheet with time slots to avoid gatherings and disappointments  
  • Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
  • Require proper social distancing of 6’ at all times 
  • No gatherings of over ten individuals at this time per State requirements 
  • Consider having an Association attendant at all times that the facilities are open to ensure the rules are being followed and facilities are properly cleaned after each use. 

Dock  

  • Require residents to sign a waiver/ disclaimer prior to use 
  • Post guidelines/rules next to the dock and along the dock 
  • Require residents to wear face masks 
  • Limit the number of residents/guests allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
  • Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
  • Require proper social distancing of 6’ at all times 

Your primary objective as managers and board members is to ensure the wellbeing of the residents of your Association. Our objective is dual-focused, the safety of the residents, and also the protection against liability of the Association. Please apply best practices and proper risk management. Speak with your attorney and get an action plan together prior to opening up your amenities to your residents. It will be in the best interest of you and the residents of your Association. 

We hope you all stay safe and healthy.  

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orlando

Orlando Rises to the Occasion

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It is during difficult times that a person or a community’s character is tested.  Orlando rose to the occasion and took a difficult and painful tragedy and turned into more love and tolerance for its community.

The LGBTQ community in Orlando is strong and cohesive.  While it may have taken a tragedy such as the Pulse massacre for us to come together as a whole, it is heartwarming and encouraging to see the progress we have made in just one year.  Orlando is a diverse caring community and ready to help its citizens:

Following the tragedy on June 12, 2016, the Orlando United Assistance Center (OUAC) was established to meet the needs of individuals directly impacted by the Pulse tragedy.  OUAC is a place offering services and support to aid in the physical and emotional healing of those who were present at Pulse on June 12, survivors and immediate family members of those lost.

In addition to the OUAC, the LGBTQ community created an Alliance where all local LGBTQ leaders discuss the needs of its community.

The LGBTQ community and Orlando as a whole will continue to work together and make this the best place to live, work, and play.

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