Rembaum's Association Roundup

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 […]

Decorating for the Holiday Season: Religious Symbol or Secular Adornment?

Thanksgiving is almost here, and you can feel the holiday cheer is in the air. The recent overabundance of political signs is giving way to holiday decorations and glittering lights. Many communities are in the process of putting up white lights and oversized red bows. But, how many communities are setting up Christmas and Hanukkah […]

The Problem of Choosing One Association over Another When Serving on Multiple Boards: The duties of loyalty and care

On October 21, 2016, after a three day trial in the U.S. Bankruptcy Court for the Southern District of Florida, one of the largest (if not the largest) residential developers in the Nation, D.R. Horton, Inc., and four employees of D.R. Horton who served as developer-appointed directors on multiple boards of directors received a devastating […]

Loan Servicers in the Post-Foreclosure World Are They Entitled to Safe Harbor Protection?

When purchasing your home, you likely shopped for the lender that would provide you with the most favorable terms for your mortgage loan. While you may have found the perfect lender, it is quite typical for your mortgage loan to be bought and sold on the secondary market. As a result, you receive a letter […]