Think Rules and Regulations Do Not Need to be Recorded? Think Again!! – Recent Legislative Changes Affecting Homeowners’ Associations

Many Floridians live within a community operated by an association of some kind, be it a community of single-family homes under the jurisdiction of a homeowner’s or property owner’s association, or a condominium building maintained by a condominium association. These owners should be well-aware that many aspects of life within these communities are subject to […]

Is There an Autobahn in your Association? The Need to Regulate Traffic Within Gated Communities

The use of automobiles in Florida can be a source of pure enjoyment, but often results in stress and frustration. This is especially true as you witness a neighbor speeding recklessly on the association roads. Safety should always be paramount. Unfortunately, not every driver operates their automobile in a responsible, safe manner leading to all […]

A Stitch in Time – 2018 Legislative Edition

“A stitch in time saves nine”. This is a well known phrase which implies that a little work now, will save you from a lot of work, later. Remembering this phrase can go a long way in the management and operation of your community association. The Florida Legislature has amended numerous statutes affecting our community […]

USE OF CONSUMER REPORTS IN DETERMINING APPROVAL FOR SALES AND LEASES – IS YOUR ASSOCIATION IN COMPLIANCE?

Community associations have an interest in the safety and integrity of their communities. Generally speaking, boards of community associations would like to be reasonably certain that potential owners, renters and other occupants have the financial capability to meet their financial obligations. Also of concern are potential purchasers’ and tenants’ criminal backgrounds, if any, so as […]

REDEVELOPING GOLF COURSES INTO HOME SITES – NOT QUITE A HOLE IN ONE

Golf course communities are a fact of life in south Florida. But what happens when the course becomes too expensive to maintain? Sometimes, what started out as a voluntary club membership becomes mandatory for new owners. This can have obvious negative effects on sales due to the added expenses of the mandatory club membership. To […]

IS A FIRST MORTGAGEE’S “SAFE HARBOR” OBLIGATION EXPANDED?

Generally speaking, as a result of sections 720.3085 and 718.116, Florida Statutes, lenders who acquire property as a result of their own foreclosure of their first mortgage against their borrower only owe the association the lesser of 12 months back assessments or 1% of the initial mortgage, whichever is less. This is referred to as […]

Kaye Bender Rembaum’s 2018 Legislative Guide – House Bill 841 Affecting Community Association is Signed Into Law

House Bill 841 containing this year’s community association legislation (“HB 841” or “Bill”) has made its way through the 2018 Florida legislative session and was signed into law by Governor Scott on March 23rd. As the Bill is now signed into law, it becomes effective on July 1, 2018. The following is a digest explanation […]