Rembaum's Association Roundup

A $4.6 Million Dollar Mistake!!! Trying to Void a Contract Due to Unilateral Mistake

A community association’s board of directors is often comprised of lay people who volunteer their precious free time for the needs of their association. At times, a board of directors or single director may make a poor decision, like entering into a dis-favorable contract based upon a mistake. While the contract may be otherwise valid, […]

Defibrillators: Is the Liability Worth the Risk?

According to the American Heart Association, sudden cardiac arrest (“SCA”) is a leading cause of death in the United States. It is estimated that more than 350,000 lives are taken each year due to the abrupt loss of heart function. However, with technological advances, the number of deaths due to SCA have been lowered through […]

The Dish on Satellite Dish Antennas: Interplay Between Community Association and Federal Communications Commission Regulations

As many people who live in communities operated by a community association know, one of the advantages, or disadvantages depending on who you ask, is that the association typically has the authority to regulate the improvements that are made by residents within the community. This authority will keep the purple house out of your neighborhood […]

GET IN LINE – ASSOCIATION ASSESSMENT LIEN PRIORITY

At issue in today’s column is a subject we recently addressed regarding whether an association must record its assessment lien in the public records of the County in which the community is located in order for it to be effective and whether such lien relates back to the initial date of recording of the declaration. […]

THE LEGAL EFFECT OF AN UNRECORDED ASSOCIATION LIEN – AN UNEXPECTED HOLIDAY GIFT

Does an unrecorded assessment lien have any validity or value whatsoever? You bet it does! In a very recent Fourth District Court of Appeal case, Calendar v. Stonebridge Gardens Section III Condominium Association, Inc., decided December 13, 2017, the plaintiff homeowner, Mrs. Calendar, appealed a trial court order that dispersed surplus funds from a condominium […]

When a Declared Condominium Appurtenance to Unit Ownership is not so Connected After All – A Study in the Misapplication of Section 718.110(4), Florida Statutes

Ownership of a condominium unit, includes “appurtenances”, meaning rights which are attached to the unit and pass with the unit upon its sale. A plain English definition of the term means “connected to”. Typical examples of an appurtenance include common elements to which one or more unit owners have an exclusive use right such as […]

Indemnifying Your Association’s Management Company

In today’s overly litigious world, more and more, when a community association is sued for everything from slip and falls, maintenance and repair obligations, to failure to provide official records, so too is the management company. Thus, there is no need to wonder why community association management companies require their community association clients to indemnify […]