Rembaum's Association Roundup

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 […]

New Condominium Director and Officer Conflict of Interest Laws Create Quite a Conflict Themselves

During this past session of the Florida legislature, new laws in regard to condominium association director and officer conflict of interest became effective July 1, 2017. These new laws are set out sections 718.302 and 718.112(2)(p), Florida Statutes, and when read together create quite a conflict themselves. As you soon discover there is a significant […]

Floods and Flood Insurance: Don’t Be Up The Creek Without a Paddle

As we, our neighbors, families, and friends, here and in Puerto Rico, are picking up the pieces in the aftermath of Hurricane Irma and Hurricane Maria, the prospect of making claims on our homeowner’s insurance policies can seem overwhelming in the face of the destruction caused by these storms. Much of the damage in our […]

PROJECT MANAGEMENT What every board member and manager need to know

Your association is gearing up for a large project. Maybe it’s time to re-do the clubhouse or plan for that $2M dollar concrete restoration project that was put off for far too long. Other large scale projects can include painting, concrete restoration, interior restoration, deck/paver repair or replacement, and foundation repairs, and so much more. […]