Rembaum's Association Roundup

ASSOCIATIONS CAN ONCE AGAIN FORECLOSE THEIR ASSESSMENT LIEN AFTER A LENDER COMMENCES ITS FORECLOSURE – KAYE BENDER REMBAUM CRUSHES THE QUADOMAIN DECISION

Like people, associations can have good days and bad days. Not too long ago, in December 2012, as a result of the Florida’s Fourth District Court of Appeal (4th DCA) decision in U.S. Bank National Association v. Quadomain Condominium Association, Florida associations experienced a very bad day. By way of an overly simplistic explanation, the […]

APPLICATION FOR TENANCY BY A SERVICEMEMBER AND THE STATUTORY LIMITATION ON CONDOMINIUM ASSOCIATION TRANSFER FEES

Pursuant to section 83.683 of the Florida Statute, if an applicant for lease is a servicemember ALL Florida community associations must, within a seven-day period, notify the servicemember in writing of an application approval or denial and, if denied, the reason for denial. Absent a timely denial of the rental application, the landlord must lease […]

A Failure to Pay Assessments Will Negatively Affect Credit Scores – It’s About Time, and Long Overdue

Until now, failing to make timely assessment payments could lead to additional charges for late payment fees, interest charges, collection fees, and may even result in the filing of a lien against your property and foreclosure of the recorded lien. However, delinquent assessments rarely show up in the member’s credit report, unless the debt becomes […]

Florida-Friendly Landscaping VS Architectural Approval – Planting Flowers? Read this First!

Both Chapter 373, Florida Statutes, regarding Florida’s water resources, and Chapter 720, Florida Statutes, regarding homeowners’ associations, provide for the use of Florida-friendly landscaping in promoting the efficient and clean use of water resources. “Florida-friendly landscaping,” otherwise known as “xeriscaping,” means using low-maintenance plants and environmentally sustainable practices to save residents money and to protect […]

Sober Homes – Are They Coming to Your Community? What you need to know

Most commonly, when a community association is faced with a Fair Housing Act complaint, it is with regard to “reasonable accommodation” issues such as a request for an emotional support animal. Less common are Fair Housing Act complaints based on failure to grant a “reasonable modification” such as the need for the construction of a […]

The Right of Inspection of the Official Records of the Association

Members of a Florida community association have a statutory right to access their community association’s “official records”, subject to limited exceptions, including for example, records protected by the attorney-client privilege and records containing a member’s medical information. Both Chapter 718 and Chapter 720 of the Florida Statutes, regarding condominium associations and homeowners’ associations, respectively, provide […]

Has “HUD” Gone Too Far? The Rights of Criminals to Live in Your Community

Anyone who believes that big government does not already intrude too far into the lives of the citizenry of the United States of America will be even more disgusted with the U.S. Department of Housing and Urban Development’s (“HUD”) General Counsel’s April 4, 2016 advisory opinion where HUD most clearly provides felons more rights than […]

CONDOMINIUM FIRE SPRINKLER SYSTEMS – Clarity for a Confusing Situation

Which residential condominium associations are required to install a fire sprinkler system in their condominium building or, in the alternative, hold a vote for the members to opt out of the requirement to install the fire sprinkler system? Does the requirement to install the fire sprinkler system apply to all residential condominium buildings regardless of […]

The Final Chapter of the 2016 Legislative Session

What started with a loud bang, ended on March 11, without so much as a fizzle. The 2016 legislative session which ended on March 11, started out 60 days earlier with a flurry of activity insofar as Florida’s community associations are concerned. This year’s proposed legislation included such measures as capping estoppel fees, strict requirements […]

Florida Law Requires a New Fire Sprinkler System for Your Condominium

Florida law is patently clear. By December 31, 2016, a residential condominium association that is not in compliance with the requirements for a fire sprinkler system and that has not voted to forego retrofitting of such a system must initiate an application for a building permit for the required fire sprinkler system retrofit installation with […]