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Rembaum's Association Roundup

The Community Association Legal News You Can Use

Jeffrey Rembaum, Esq. is a Board Certified Specialist in Condominium and Planned Development Law and a community association lawyer with the law firm Kaye Bender Rembaum, in its Palm Beach Gardens office. His law practice consists of representing condominium, homeowners, and cooperative associations, developers and unit owners throughout Florida. He can be reached by email at JRembaum@KBRLegal.com or by calling 561-241-4462.

Technology

Should Emails Between Board Members & Managers Be Considered Official Records Subject to Members Inspection?

In today’s instant world, email allows us to express our thoughts anytime, anywhere. So often, emails serve as a substitute for making phone calls. If a phone call is made from a board member to a manager, absent a deposition of either party or a contemporaneous note documenting the conversation, the content of the communication

June 9, 2021 No Comments

covid-19

Implications of Governor’s Newest Executive Order on Florida’s Community Associations

Effective May 3, 2021 at 4:06 P.M., Governor DeSantis, by way of Executive Order 21-102, suspended all remaining local government mandates and restrictions based on the COVID-19 State of Emergency. In short, this Order provides that all local government COVID-19 restrictions and mandates on individuals and businesses are hereby suspended. However, this Order does NOT address private rules

May 4, 2021 No Comments

Legislation Updates

Emergency Order Extended | Omnibus Legislation Affecting Associations | CAM CE Breakfast Returns

Governor Extends Emergency Order On April 27th, 2021, The Governor extended the State of Emergency through June 26, 2021. You can view the document filing HERE. Omnibus Legislation Affecting Community Associations May Have Huge Impact Senate Bill 630, which is referred to as this year’s community association omnibus bill because it contains so many changes to

April 29, 2021 No Comments

covid-19

Vaccination ID’s; To Require or Not to Require | Association Liability Protection | Upcoming Events

Vaccination ID’s: To Require or Not to Require, That Is The Question Florida’s community association board members are wrestling with many amenity re-opening decisions these days. One such decision is whether or not to open the community clubhouse including the card rooms, bingo, and even off-Broadway like shows. As a part of that decision making

April 5, 2021 No Comments

Legislation Preview

The 2021 Florida Legislative Preview, as Related to Community Associations | The Good, The Bad and The Ugly

Welcome to Rembaum’s Association Roundup’s 2021 legislative preview. The 2021 legislative session began on March 2 and ends April 30. Not only are all of the Bills discussed below subject to multiple changes, whether any of the Bills discussed below will become the law of the land remains to be seen. Unless otherwise clarified, the

March 12, 2021 No Comments

Discrimination

Selective Enforcement: A Grossly Misunderstood Concept

Without exception, the affirmative defense of “selective enforcement” is one of the most misunderstood concepts in the entire body of community association law. How often have you heard something like this: “The board has not enforced the fence height limitation, so it cannot enforce any other architectural rules”? Simply put, nothing could be further from

March 1, 2021 No Comments

Technology

Hosting Virtual Meetings via Zoom | What You Need to Know

The most asked question of 2020 is this: Can our association host our board and annual meetings using Zoom or another similar virtual/electronic platform? There is no doubt that technology will always advance faster than legislation. In fact, advances in technology seem to take place in light speed where as advances in legislation seem to

February 7, 2021 No Comments

Discrimination

Discriminatory Practices: Is Your Association Prepared?

On September 26, 2016, Rembaum’s Association Round Up published an extremely important article regarding a community association’s potential liability when allegations by one member accuse another member of a discriminatory practice. (Click HERE to view the 2016 article). On September 13, 2016, HUD made clear that a housing provider is responsible for discriminatory practices that

January 25, 2021 No Comments

Financial

Financial Screening of Purchasers: How Far Is Too Far?

A few months back a case came before the county court in the 20th Judicial Circuit for Collier County, wherein a prospective buyer challenged the validity of a board-adopted rule which required that all prospective buyers provide two years of tax returns with their application for ownership approval. This requirement was in addition to the background

January 10, 2021 No Comments

Coronavirus

Association Rules After Expiration of the Governor’s State of Emergency Order for COVID-19

By the time you read this article, the governor’s declared state of emergency as related to the coronavirus may have reached an end. If not, well, hopefully it will soon enough due to significant diminution of the coronavirus. What then? What happens to the rules adopted by an association in an effort to combat the

December 10, 2020 No Comments