Rembaum's Association Roundup

Do Board Members Owe a Duty of Care and Loyalty to their Association?

A community association is a corporation, in many ways similar to any other corporation, be it a for-profit or not-for-profit company. In exercising decisions, for the most part, the community association’s board members must adhere to the “business judgment rule.” As I like to explain it, this means that the board member’s decisions might be […]

Statute of Limitations in Foreclosure Action: Timing is Everything

Timing is everything – in love, in life and in lawsuits. Unlike timing in love and in life, timing in lawsuits is governed by certain laws including those referred to as the statute of limitations. Determining when the statute of limitations’ clock begins to tick can be tricky. For example, and as further discussed in […]

Developer Sells HOA’s Common Areas

In this December 3, 2014 case, Bethany Trace Homeowners Association, Inc. v. Whispering Lakes I LLC and Waterman-Pinnacle, Inc., the association’s subsequent developer, Waterman-Pinnacle, sold lands designated in the Bethany Trace HOA’s declaration as common areas. As a result, when the Bethany Trace HOA found out, it sued Waterman-Pinnacle to get its common areas back. […]

Contracts, Be Careful What You Sign

Did you read that contract and fully understand your obligations before signing it? Almost every day, we are faced with new terms and conditions for the mobile app we can’t live without. Most people do not take the time to read every word before we hit “I agree” to those new terms and conditions. While […]

How to Derive Income from Vacant and Abandoned Units

A long, long time ago, in a land far, but not too far, away, England, there were two distinct court systems – the court of law, the Court of the King’s Bench, which followed the letter of the law, and the Court of Chancery, which was a court of equity and had the ability to […]

LIEN STRIPPING, A DIRTY PHRASE

In Bank of America, N.A. v. Caulkett, the United States Supreme Court granted certiorari, and thus has agreed, to address whether the Bankruptcy Code permits a Chapter 7 debtor to “strip off,” or void, a junior mortgage lien in its entirety when the outstanding debt owed to a senior lienholder exceeds the current value of […]

When Expenditures Requiring Owner Approval, Don’t

Not too long ago, Briny Beezes, Inc., a cooperative association (the “Association”) sought a declaratory statement from the Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division”) as to whether the Association’s Board of Directors (the “Board”) could use its more than adequate reserve funds to repair a seawall to prevent flooding where the […]

The Association’s Right to Access Your Unit: What You Need to Know

Did you know that, according to section 718.111(5)(a), Florida Statutes, your condominium association has “the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or […]

Condominium Termination – Absolute Power Corrupts Absolutely!

Whether the revamping of the condominium termination procedures began in 2003 due to known problems in Florida’s termination procedures or whether the revamping occurred in 2007 as a result of several prior horrific storm seasons which led to distressed, fractured and unsustainable condominium projects throughout the State of Florida, the obvious fact is that, in […]

Leasing Your Home? Don’t Blame Me If You Don’t Read This

If your association has ever considered filing an eviction lawsuit against a unit owner’s tenant, then you need to know about a recent Third District Court of Appeal case, Shteyn vs. Grandview Palace Condominium Association, decided September 24, 2014. This case is so fresh that the ink isn’t dry yet. In fact, the decision is […]