Rembaum's Association Roundup

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 […]

New Legislation Effective July 1, 2017 Affecting Florida’s Community Associations

While much of the 2017 legislation recently passed into law affects only condominium associations, Senate Bill 39 (a.k.a., the “Estoppel Bill”) affects condominium, homeowners’, and cooperative associations. In regard to the Estoppel Bill, remember that in addition to the statutorily required information which must be provided in the association’s estoppel (the subject of prior articles […]

WHEN EXPRESS MAINTENANCE OBLIGATIONS IN A DECLARATION OF CONDOMINIUM ARE NOT SO CLEAR

When it comes to maintenance, repair, and replacement obligations of the unit owners and the condominium association, the terms of the declaration of condominium reign supreme. At times, there are instances where a unit owner is required to maintain, repair, and replace a portion of the owner’s unit which affects the exterior of the condominium […]

TWO NEW DISTRICT COURT OF APPEAL CASES – THIRD PARTY PURCHASER ASSESSMENT LIABILITY AND FINING NOTICE REQUIREMENT

If your homeowners’ association has not updated its declaration’s assessment collection provisions, then your association might be giving away its otherwise collectable assessment revenue!  The problematic declaration provisions are similar to the following: “The sale or transfer of any Lot pursuant to the foreclosure or deed in lieu of foreclosure shall extinguish the lien of […]

THE NEW ESTOPPEL LEGISLATION – BETTER BE PREPARED

Senate Bill 398 is on track to become the law of the land, effective July 1, 2017, unless Governor Scott vetoes it. While anything is possible, it is important that your community association be prepared to comply with this legislation. The changes to the estoppel certificate issuance process are cumbersome. The following information applies to […]

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 […]