Rembaum's Association Roundup

Florida’s Next Big Real Estate Problem – it’s closer than you think

Florida’s next big real estate problem is that the covenants recorded against the commercial real estate comprising the commercial association are, in many instances, about to have no operative affect thanks to the unintended, yet very real,  consequence of Florida’s Marketable Record Title Act, Chapter 712, Florida Statutes, created in 1963 by an act of […]

2016 Legislation of Interest to Community Associations

The 2016 Regular Session of Florida’s Legislature ended without any substantial piece of community association legislation becoming law. However, there are a few bills that passed into law that are of interest to community associations. Every board and manager should be aware of new requirements in regard to an application for lease submitted by a […]

The Condominium Fire Sprinkler Retrofit – A Continuing Saga

Each week, I receive a multitude of calls and e-mails from condominium association clients, and non-clients alike, regarding the fire safety retrofit requirements. The confusion arises because of a 2010 amendment to section 718.112 of the Florida Statutes which, prior to 2010, provided an opportunity to condominium associations whose condominium building was greater than 75 […]

Official Records Requests – Back to Basics

In an all too familiar story, the association’s board of directors has decided to authorize repairs due to neglected maintenance. Of course, not every association member is happy with the board’s decision. The rumor-mill is all a flutter and accusations are rampant. While the board knows it is doing the right thing, the “members group […]

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 […]