Rembaum's Association Roundup

Appeals Court Affirms Valet’s Duty to Hand Over Keys to Intoxicated Persons

Recently, an interesting case was decided by Florida’s Second District Court of Appeal. The Court determined the liability of a valet parking service when returning keys to an “obviously intoxicated customer.” In Weber v. Marino Parking Systems, a November, 2012 case, the Second DCA held that the valet parking service does not owe a duty […]

Why it Matters? Holiday Decorations Versus Religious Symbolism

Thanksgiving is almost here. You can feel the holiday cheer is in the air. The recent over abundance of political signs is giving way to holiday decorations, some which are clearly religious symbols while others are secular.  What does your community display? A reader once asked, “If our community allows a Christmas tree and Menorah, […]

It’s Budget Time at Grizwalds and Goblins Community Association

It’s Halloween time, and that means it is that time of year for boards of community associations everywhere to prepare next year’s association budget.  A good budget is reflective of good financial planning.  In practice, it is anything but an exact science. When examining the community association budget process, there are a few subtle nuisances […]

Political Yard Signs

Unless you share similar political views, your neighbor’s front yard sign supporting their favorite political candidate may be upsetting, but, that alone is not a reason for the board to demand the sign’s removal.  However, a well-crafted and properly adopted rule prohibiting all signs is likely lawful and enforceable.  Today’s issue de jure is, “Can […]

Homeowner’s Continued Right to See the Ocean: a Matter of Degree

Did you know that, for the most part, the State of Florida holds title to lands under navigable waters and a part of the foreshore  (which, in plain English, means the land between the high and low watermarks). This land is held in trust for all of us to enjoy, but the State is free […]

An Association’s Right to Deny Property Transfer

The other day, board member Earl P. asked if a clause in his association’s declaration was enforceable. The clause provided that “before an owner can sell their unit, the association, in its sole unfettered discretion, must approve the transaction.” Well Earl, if that is the entirety of the clause, then it is very likely this type […]

Storm Damage and the Misunderstood Public Adjuster

The storm is over and sadly the association’s clubhouse is damaged. The manager calls the association’s insurance company to report the claim. They arrange for their “adjuster” to survey your damage and issue a report. The insurance carrier reviews the report and determines the association’s entitlement for the loss it suffered. So far, the board […]

Dont’ Be Guilty of Unauthorized Practice of Law

Consider this: A quasi-governmental utility company, let’s call it “Florida Electric” (a fictitious company) seeks to enter the sprawling common areas of several sub-associations to do some below ground work necessary to provide better service. While each sub-association is managed by the same management company, each sub-association is represented by a different law firm. The […]

A Community Association Member’s Bill of Rights

Living in a community association brings with it many obligations and responsibilities such as the need to pay assessments and maintain your property.  Additionally, living in a community association also means that every member has certain basic rights.  Do you know your rights? YOUR BILL OF RIGHTS  1)    The right to receive at least 48 […]

A Not So “EASY COME,” but a Very “EASY GO” – No Implied Warranties for Off Site Improvements for Homeowners Associations

For some time now condominium and cooperative associations alike benefited from the implied warranty of habitability for construction defect damages.  While these rights are codified in Florida Statutes Chapter 718 (the “Condominium Act”) and Chapter 719 (the “Cooperative Act”), there is no similar codification in Chapter 720 (the “Homeowners’ Association Act”). In plain English, and […]