Rembaum's Association Roundup

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 […]

THE NEED TO TAKE ACTION CONSISTENT WITH THE DECLARATION AND THE NEED TO KEEP ACCURATE RECORDS

A necessary duty of Florida’s community associations is to levy and collect assessments to ensure the upkeep of the community. In a perfect world, all owners would timely pay their assessments. Unfortunately, this is not always the case. When owners do not pay, their association often takes legal action including the filing of a lien […]

REDEVELOPING GOLF COURSES INTO HOME SITES – NOT QUITE A HOLE IN ONE

Golf course communities are a fact of life in south Florida. But what happens when the course becomes too expensive to maintain? Sometimes, what started out as a voluntary club membership becomes mandatory for new owners. This can have obvious negative effects on sales due to the added expenses of the mandatory club membership. To […]

IS A FIRST MORTGAGEE’S “SAFE HARBOR” OBLIGATION EXPANDED?

Generally speaking, as a result of sections 720.3085 and 718.116, Florida Statutes, lenders who acquire property as a result of their own foreclosure of their first mortgage against their borrower only owe the association the lesser of 12 months back assessments or 1% of the initial mortgage, whichever is less. This is referred to as […]

OTHER 2018 LEGISLATION AFFECTING COMMUNITY ASSOCIATIONS – A CONTINUING SERIES

In addition to House Bill 841, containing this year’s community association legislation, as discussed in prior articles, there are several other pieces of legislation that have made their way through the 2018 Florida legislative session and are now signed into law by Governor Scott that affect, or are of interest to, community associations. The following […]

How to Wash the Association Clean of a Dirty Laundry Lease

The termination and transitioning from one laundry vending company to another can be a dirty job. Rarely do companies fight as hard as laundry vending machine companies. While community associations should always ensure that their laundry lease with a laundry vending company includes clear termination provisions and specific obligations of the parties upon termination, the […]

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 […]