Rembaum's Association Roundup

The Reserve Process – To Fund or Not to Fund, That is the Question

As the end of 2015 nears, so too does the end of the fiscal year for many condominium associations throughout Florida. Most condominium association boards have begun to prepare their association’s annual budget for the upcoming year. Sometimes there is confusion amongst condominium association boards as to whether or not they must fully fund reserves […]

Managers, Did You Sign a Non-Compete Agreement?

Providing community association management services to community associations is highly competitive. Because of this competitiveness and the substantial financial investment made by a community association management company in its managers, many community association management companies require their managers to sign non-compete agreements as a condition of their employment. Often, once signed, the non-compete agreement is […]

The $12 Million Hedge: A Warning to Community Associations and Their Managers

There can be real consequences if a community association and its manager overlook areas of the community that are in need of maintenance, as required either by the community association’s own covenants or by the local code of ordinances. Recently, the failure of a community association and its management company to properly maintain the association’s […]

So Your Association Changed Attorneys… Now What?

An association has decided to change its legal counsel and transfer all existing matters to its new lawyer. The management company sends the request to the prior law firm only to be told that a retaining lien has been asserted. Until the lien is satisfied, the law firm refuses to transfer the files. Is that […]

Important Terms in Construction Contracts

The older your association may be, the more likely it has engaged the services of a contractor, engineer, architect or other construction or design professional to perform a maintenance, repair, replacement or capital improvement project. The process can be very daunting. Even the smallest of projects can have unexpected and disastrous consequences, such as the […]

Should the Board Put that Contract in Writing? You Bet It Should

Generally speaking, a contract that cannot be performed within one year must be in writing. The opposite is true, too. So, if the contract can be performed within one year, then it does not necessarily have to be in writing. In other words, it can be an oral contract. But, if the other party does […]

Fining and Suspending Use Rights

“Pursuant to the New Legislation Effective July 1, 2015” On July 1, 2015, new provisions which clarify the procedures for fining and use right suspensions for non-monetary violations became effective. The term “non-monetary violations” refers to such things as failing to pressure clean roofs and driveways, to remove dead trees, to bring in the garbage […]

2015 LEGISLATIVE UPDATE

Although Florida’s 2015 Legislative Session ended earlier than expected when the House of Representatives abruptly adjourned prior to the scheduled end of the Session, some new legislation affecting community associations was passed and subsequently signed into law by the Governor and became, for the most part, effective July 1, 2015. Following is a brief summary […]

Florida’s New Service Animal Laws – A Nail without a Hammer

When it comes to service dogs and assistance animals, people often confuse the Federal American with Disabilities Act (ADA) with the Federal Fair Housing Act (FHA). The ADA laws apply only to commercial (non-residential) settings. They apply to specifically trained service dogs (and the very occasional miniature horse). The ADA laws specifically exclude emotional support […]