Rembaum's Association Roundup

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. […]

DID HE REALLY WRITE THAT ABOUT OUR ASSOCIATION ON FACEBOOK? Freedom of the Press

An interesting question that arises from time to time is whether the protections of the United States Constitution (and the Florida Constitution) apply within the gates of a community association. In most circumstances, in order to begin a constitutional analysis the very first step is whether there is any governmental action taking place. Clearly, in […]

VBRO & AirBnB: What you Need to Know – The Business of Short-Term Rentals is no Business at All

In a recent Rembaum’s Association Roundup article regarding Florida’s newest non-native invasion of overnight rentals through Vacation Rentals by Owner (VRBO) and AirBnB, we discussed what an association can do in order to protect its community from becoming the newest unnamed hotel/motel through the adoption of lease restrictions and lease approval requirements. Although these methods […]

Community Association Liability for Dog Bites – Woof, Woof, Woof

Can a Florida condominium, homeowners’, and cooperative association have liability for its members’ dog bites? Apparently, the answer is yes, it surely can. In 1996, the Fourth District Court of Appeal of Florida in Barrwood Homeowners Association, Inc. v. Maser, held that an association could be found liable where there was sufficient evidence from which […]