On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing. The federal law was known as “Protecting Tenants […]
Rembaum's Association Roundup
The Lurking Danger of Association Websites; Accusations of Discrimination
Very recently, more and more condominium and homeowner associations find themselves as potential defendants in Federal Fair Housing Act (the “FHA”) discrimination litigation due to the association’s website. It is alleged that the failure to make the website easily accessible to those with visual impairments or who are blind is discriminatory. In short, the FHA […]
New Rules for FHA Financing – What Board Members Need to Know
For some home buyers, financing the purchase of their new home can be a barrier to entry. Many home buyers need the benefit of an FHA backed loan for their lower interest rates. The Federal Housing Authority (FHA), a part of the Department of Housing and Urban Development (HUD), has provided mortgage insurance on loans […]
You Get What You Pay For – Assistance Animal Application Packages
The complaint heard often from condominium and HOA board members is in regard to the influx of assistance animals in their “no pet” or pet restricted communities. Few other topics within the body of community association law cause more consternation then the application of the Federal, State and local Fair Housing laws. In fact, one […]
Electric Vehicle Charging Stations – Condominiums Going Green
While gasoline powered vehicles are still dominant on Florida’s roads, the ever-growing presence of electric vehicles cannot be ignored. The number of electric vehicles on our highways and streets continue to climb as they become more and more affordable. As consumers continue to embrace a greener lifestyle, Florida’s lawmakers have paved the way for condominium […]
Your Association’s Contractor Walked off the Job – Now What??
As happens far too often, contractors bid on an improvement project, start the work, only to later walk off the job. The contractor might do this for one of many reasons: the job was not bid correctly, prices go up, the laborers demand more money, and anything else that leads the contractor to believe they […]
Hurricane Season Is Here – If you Suffer a Casualty, You Need to Know About This New Law
A good reason why society provides for prevailing party attorney fees and costs is to make a potential plaintiff think twice before filing a lawsuit. Imagine being able to sue your adversary in court without worry that if you lose you will NOT have to pay prevailing party attorney fees and costs to the other […]
Can Master Condominium Associations Revitalize Covenants?
Excluding certain covenants, including a condominium association’s declaration of condominium, Florida’s Marketable Record Title Act (MRTA) may begin to extinguish covenants not sooner than 30 years after they are initially recorded. At times, a master condominium association may administer its declaration of condominium and other covenants recorded against non-condominium property. Therefore, it is crucial to […]
Use of Consumer Reports in Determining Approval for Sales and Leases – Is your Association in Compliance?
Community associations have an interest in the safety and integrity of their communities. Generally speaking, boards of community associations would like to be reasonably certain that potential owners, renters and other occupants have the financial capability to meet their financial obligations. Also of concern are potential purchasers’ and tenants’ criminal backgrounds, if any, so as […]
Creating Conditions that Lead to a Horrific Accident does not Always Create Legal Liability
From a recent Fourth District Court of Appeal case, Seminole Lakes Homeowner’s Association, Inc. v. Esnard, decided December 19, 2018, we once again learn that application of prior case law sometimes creates strange and convoluted results. Just because an association negligently creates obvious conditions for an accident to occur does not necessarily mean the association […]