Rembaum's Association Roundup

A Busy 2017 Legislative Session – Change is in the Air

Recently, the Florida legislature has passed three bills set to become law on July 1, 2017, unless vetoed by Florida’s Governor Scott: Senate Bill 398, pertaining to estoppels that is applicable to condominium, homeowners’, and cooperative associations; House Bill 1237, applicable to condominium associations only which provides for numerous new requirements including criminal penalties and […]

Florida’s Newest Non-Native Invasion – Overnight Rentals

With little doubt, purchasing a home is one of the most significant investments you can make. In order to help protect that investment, many purchasers choose to buy homes within community associations that include homeowners’, cooperative and condominium associations. Behavior within community associations is governed by a declaration of condominium or declaration of restrictions, along […]

Senate Bill 1682 – Every Good Deed Is Punished

Filed with the Florida Senate on March 3, 2017, is Senate Bill 1682. This bill which amends Chapter 718, Florida Statutes (a/k/a, the Condominium Act) is so noxious that it will further dissuade members of condominium associations to run for their board of directors, if allowed to become law. Of the changes which make the […]

PROPOSED ESTOPPEL BILL 398 – UNFAIR AND INEQUITABLE TO COMMUNITY ASSOCIATIONS (SORRY FOLKS, THIS IS NOT FAKE NEWS)

Senate Bill 398 (“SB 398” or “Bill”) sponsored by Senator Passidomo is making its way through the Florida legislature and is a step closer to being passed into law. This Bill puts the needs of Florida’s community associations behind that of its member-sellers (especially those who are delinquent in their  assessment obligations, those who have […]

SELECTIVE ENFORCEMENT: COMMON SENSE PREVAILS

As often happens when a community association enforces its covenants and rules and regulations against an owner, the owner responds to the association saying, “The house down the street is in violation with the rules and regulations, too! Why aren’t you sending them a demand letter?” When this happens, the owner is invoking the defense […]

Hot to Get the Vote

Your association’s board has worked for six months to amend and restate the association’s governing documents, including the declaration, articles of incorporation, bylaws, and even the rules and regulations. The board has met with the association’s lawyer on several occasions, reviewed and provided comments on multiple drafts, and even arranged for multiple meetings with the […]

Association Assessment Liens – The Importance of a “Relation-Back” Provision in your Community’s Declaration

Generally, liens, like any other recorded instrument, are deemed effective upon their date of recording. In other words, in Florida, lien priority is based on the notion of “first in time, first in right”. This means that the older liens have priority over more recently recorded liens. The older lien can “wipe out” junior, inferior liens […]

Reserve Funding Obligations – HOA Developers Beware: No Good Deed Goes Unpunished

Unlike condominium associations, homeowners’ associations (HOAs) do not have reserves mandated by statute. Instead, pursuant to Chapter 720 of the Florida Statutes, more commonly known to as the “Homeowners’ Association Act,” reserves in an HOA are either initially created by the community’s developer or by a vote of the majority of the entire membership. Once […]

“All-Risk” Insurance Policies are not Always What they Appear to Be

Your board of directors has diligently met with the association’s insurance agent. After many meetings and protracted negotiations, the association purchases an “all-risk” insurance policy. Not too long after, the association’s clubhouse is damaged by hurricane force winds, water intrusion, and possibly some faulty construction, too. Will the damage be covered by the association’s insurer? […]

Retroactive Application of Statute Amendments: Does Your Declaration Have “Kaufman” Language?

Community association lawyers are often presented inquiries from their clients as to whether laws newly adopted by the Florida legislature apply to their governing documents, especially when the new law is contrary to their declaration’s existing provisions. A similar question was recently asked and answered by Florida’s Third District Court of Appeal in the case […]