Rembaum's Association Roundup

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 […]

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 […]