Rembaum's Association Roundup

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 […]

Another Fine Legislative Mess – Only Problems, and No Solutions, with House Bill 1357

When Florida’s legislature is in session, there is never a shortage of topics to write about. House Bill 1357 (“HB 1357”) is no exception. It is another overreaching piece of legislation that will only serve to make assessment debts harder to collect and will cause association assessments to increase in order to comply with its […]

An Unfair Bar to Association Assessment Foreclosures – A Call to Action for Florida’s Legislature

Sometimes bizarre results occur from otherwise mundane laws. The arena of a lender’s mortgage foreclosure versus an association’s foreclosure of its assessment lien can certainly be characterized as one such example. Nothing is worse than a lender who refuses to take their foreclosure to final judgment and sale, or a litigious homeowner who knows how […]

Mold: Is There a Fungus Among Us? Part 1 of 2 – Insurance: What You Need to Know

Welcome 2016! While the expression “out with the old and in with the new” comes to mind, remember, too, that this is a great time for review. Start off the new year by reviewing your association’s insurance policies to better understand the perils that it does, and does not, cover. Of particular concern to Florida’s […]

Secular Holiday Symbols versus Religious Symbols

In my homeowners’ association, we display an oversized, festive, gloriously secular, snowflake on our entry gates. It is quite charming and does not denote any type of religious connotation. Does your association display a secular holiday symbol, too or does it display a religious symbol? Are Christmas trees, menorahs, Nativity scenes, or the Kikombe Cha Umoja […]

Three Pending House Bills Affecting All of Florida’s Community Associations

In anticipation of Florida’s 2016 legislative session, Representative John Cortes of Florida’s House of Representatives filed three bills affecting community associations and managers. Omnibus style House Bill 667 is massive in its scope. Its author begins by fully repealing Chapter 719 regulating Florida’s cooperatives and Chapter 720 regulating Florida’s homeowners’ associations and then amends Chapter […]