Citizens Insurance Company, known as the insurer of last resort, lawfully escaped providing coverage for what, at least one condominium association believed, was properly insured property under the association’s casualty policy. Just weeks after the Third “District Court of Appeals” (the “DCA”) ruled, in the Aventura case, that third party bidders do not have to
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.
Can an amendment to a homeowners’ association’s declaration of covenants (or “declaration of condominium” for all of you condo dwellers) go too far? Is there a “line in the sand” that cannot be crossed when amending the governing documents? Can an amendment be so noxious that, even if properly adopted, a court will strike it
The Informational Estoppel Often times, buyers of residential properties request certain information from the community association where the property is situated. While there is no obligation to provide anything other than the documents required by law, such as the financial estoppel and, the often looked, Question and Answer Sheet, a good reason to respond to
A few Roundups back we determined that, based on a recent case decided by the 11th Circuit Court of Appeals, community association managers collecting assessments are not subject to the Federal Fair Debt Collections Practices Act. This week, we visit a different issue that, once again, will be of great interest to community association managers.
If you live in a community association, and especially if you serve as a board member in an otherwise “No Pets Allowed” community, few subjects are more polarizing than that of a member’s request for a “Service Animal,” most especially, an “emotional support dog.” On February 27, State of Florida Representative Ricardo Rangel, (District 43,
Florida licensed community association managers (a/k/a LCAMS) and management companies can take great comfort knowing that on December 19, 2012, the 11th Federal Judicial Circuit Court of Appeals, with jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia, firmly established that community association managers and management companies are not “debt collectors”
Everyone is talking about it, the meaning of the Third District Court of Appeal’s January 23, 2013 opinion in Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc. This ground-shattering, ill reasoned case will negatively affect thousands of community associations throughout Florida. For years, we have known that the winning bidder at a lender’s foreclosure
Often times, community association board members have to make difficult decisions. Sometimes, their decisions affect the entire community equally, and at other times, decisions made by the board may negatively affect only a few or even just one member. As a result, and even in the best of times, not everyone is always happy. Unhappy
Happy New Year! The regular session of the Florida Legislature begins on the first Tuesday after the first Monday in March and continues for 60 consecutive days. The 2013 Florida legislative session will officially begin on March 5, 2013 and looks to be a busy one! So far, House Bills 73 and 87, and Senate
While the ink in the Third District Court of Appeal’s December 12, 2012 opinion in Coronado Condominium Association vs. La Corte is still wet and the Court’s decision is not final until disposition of any timely motions for rehearing, this case will be of great interest to managers and board members alike as it clearly suggests that a community association should not be subjected to a claim