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.

Assistance Animals

Assistance Animal Requests | It Could Not Get Any Worse, Could It?

The Fair Housing Act (FHA) provides for two distinct types of assistance animals: (i) the service animal and (ii) the emotional support animal. In general, the FHA makes it unlawful for a housing provider, which includes condominium and homeowners associations, to refuse to make a reasonable accommodation in rules, policies, practices, or services on behalf

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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

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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

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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

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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

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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

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Leasing

Community Association Leasing | Act Now Before It Is Too Late!

If your homeowners association has not adopted leasing restrictions or wants to amend existing leasing restrictions, and you want any new restrictions to be effective against 100 percent of the members, then the board should consider taking steps to amend the declaration of covenants, right now! Well, in any event, prior to the date the

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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

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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

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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

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