Rembaum's Association Roundup

Re-opening Amenities In Times Of Uncertainty, Part 2

In response to our article from May 3rd, 2020, we have received inquiries from readers regarding the ability of an association located in Palm Beach County to use volunteers to provide the pool monitoring as required by Palm  Beach County Emergency Order Number 5. In relevant part, the Palm Beach County Order provides that as […]

RE-OPENING AMENITIES IN TIMES OF UNCERTAINTY

The re-opening of amenities is anything but easy due to the local Orders being promulgated by Palm Beach, Broward and Miami-Dade Counties. Please be sure to review your County’s specific order(s) to ensure your association remains in compliance. These Orders have similarities but are also VERY different. A link to the recent re-opening Orders follows: Palm […]

The 2020 Census: The Importance of Being Counted, Especially Now

The U.S. Constitution provides that every ten years, the United States must conduct a census to count the entire population of the nation. Moreover, federal law requires each person to complete the census. Each year, the federal government distributes more than $675 billion to states and communities based on Census Bureau data. Additionally, information gathered […]

COVID-19 UPDATE: Your Questions Answered & Emergency Powers Confirmed

OUR KBR TEAM OF ATTORNEYS OFFER GUIDANCE TO YOUR MOST PRESSING COVID-19 QUESTIONS 1. If we have a resident who tested positive for Covid-19 should we inform the entire community? If the positive test has been confirmed, while it is ok to alert the entire community that a member has tested positive for Covid-19, it is definitely NOT ok to […]

SPECIAL CORONAVIRUS EMERGENCY POWERS EDITION: BOARD EMERGENCY POWERS

FOR  CONDOMINIUM, COOPERATIVE &  HOMEOWNERS’ ASSOCIATIONS All board members and managers should take a few moments and brush up on emergency powers approved  by the legislature and codified into Florida Statutes in Chapters 718, 719 and 720 for use during a “state of emergency.” Hopefully, your association will not need to use them. But just […]

HOW TO REMOVE TROUBLESOME TREES

A great many streets in Florida’s residential communities are lined with oak trees. While they can look so appealing as a canopy, many of these trees can raise sidewalks and driveways. Their massive roots can grow into plumbing lines, cause various trip hazards and kill the grass, too.  Until recently, it was very problematic to remove these trees for a variety reasons. […]

CONSTRUCTION PROGRESS PAYMENTS: The Hidden Trap

originally published in the Florida Community Association Journal, February 2020 edition The owner of real property can end up paying twice when they pay their general contractor who, in turn, fails to pay the subcontractors and suppliers. However, this very real consequence can be avoided, too. While drafted to protect contractors and suppliers, Florida law also […]

New CEU Requirements for Licensed Community Association Managers

Effective August 15, 2019, the Regulatory Council of Community Association Managers changed the requirements for continuing education for license renewal. The number of hours required have been reduced from 20 to 15 hours each license period. The new requirements are: All community association manager licensees must satisfactorily complete a minimum of 15 hours of continuing […]

Protecting Tenants at Foreclosure Act of 2009: Resurrected and Here to Stay

On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing. The federal law was known as “Protecting Tenants […]

The Lurking Danger of Association Websites; Accusations of Discrimination

Very recently, more and more condominium and homeowner associations find themselves as potential defendants in Federal Fair Housing Act (the “FHA”) discrimination litigation due to the association’s website. It is alleged that the failure to make the website easily accessible to those with visual impairments or who are blind is discriminatory. In short, the FHA […]