kbrlegal_admin – Page 17 – Kaye Bender Rembaum

December 4, 2024December 5, 2024

Ask the Attorneys | Dec. 3, 2024

Recorded December 3, 2024 | *Important* Viewing this on-demand video WILL NOT satisfy Florida state requirements for new Board Members; NOR will this recorded version offer CEUs for CAMS or Board Members. It is for informational purposes only and is not to be considered as legal advice. Should you have any questions, contact your association counsel.

Andrew Black, Esq. BCS, from Kaye Bender Rembaum (Pompano Beach location) answered questions submitted by the audience. Co-hosted by the City of Tamarac.

December 4, 2024December 4, 2024

Association Matters | E:4 | Dec. 3, 2024

Co-hosted with Lang Management. For this episode join Lang’s Marita Butzbach and Lisa Littman, and KBR’s Peter Mollengarden, Esq. BCS and Alan Schwartzseid, Esq., BCS. The topics this month consist of FAQ’s centered around The Corporate Transparency Act (FinCen), Board Member Education and ARC Requirements for associations.

November 22, 2024November 26, 2024

HOA Board Member Certification | Nov. 21, 2024

HOA Board Member Certification

*Important Viewing this on-demand video WILL NOT satisfy Florida state requirements for new Board Members; NOR will this recorded version offer CEUs for CAMS or Board Members. It is for informational purposes only and is not to be considered as legal advice. Should you have any questions, contact your association counsel.*

Board members will receive a comprehensive education of the statutory requirements and responsibilities that each volunteer must know to more effectively serve on the Board of Directors of a Homeowners’ Association. Instructed by Emily Gannon, Esq. of the Firm’s Pompano Beach location. Co-hosted by the City of Tamarac.

November 20, 2024November 26, 2024

HOA Board Member Certification | Nov. 19, 2024

HOA Board Member Certification

Board members will receive a comprehensive education of the statutory requirements and responsibilities that each volunteer must know to more effectively serve on the Board of Directors of a Homeowners’ Association. Instructed by Kerstin Henze, Esq. of the Firm’s Tampa location. Co-hosted by KWPMC.

November 17, 2024January 7, 2025

Best Practices for Condo/HOA Committee Charters

Posted with permission of HOALeader.com

An HOAleader.com reader asks: “There are several committees in our HOA. Most have charters that describe the scope and function of the committee. We’ve learned that all committee members should sign the charter as it protects them from legal action the same as board members. What can you share about this?”

We can help! Here, our experts suggest best practices for committee charters, including whether to require committee members to sign the charters—and what happens if they refuse?

The Easy Part: Signatures

So our reader’s direct question seems to be: Do we need to have all committee members sign a charter to get the legal protection board members receive?

In general, our experts say signed acknowledgement of a charter isn’t a must for committee members and associations to have legal protections. “Once you appoint someone to a committee, they’ll be entitled to coverage and a defense under the association’s directors and officers insurance policy,” says Lisa Magill, of counsel based in Pompano Beach, Fla., Kaye, Bender & Rembaum. [Read the complete article here]

November 16, 2024November 16, 2024

Corporate Transparency Act – An Update

Rembaum’s Association Roundup | Jeffrey A. Rembaum, Esq., BCS | Visit HERE

A recent update from the United States Department of Treasury, Financial Crimes Enforcement Network (FinCen) provides an extension of time to comply with the requirements of the Corporate Transparency Act for the initial reporting deadlines but there are strict requirements regarding the applicability of the extension as discussed below.

FinCen, on October 29, 2024, extended the initial reporting deadlines to July 1, 2025, for associations in counties affected by Hurricane Milton where

1. 1. Federal Emergency Management Agency (FEMA) assistance is available; and
  2. IRS tax filing deadlines have been extended.

Associations in the following counties are subject to the extension:

Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lafayette, Lake, Lee, Levy, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putman, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, and Volusia.

Please click on the button link below to read the FinCen bulletin.

November 13, 2024November 26, 2024

Condominium Board Member Certification | Nov. 13, 2024

Condominium Board Member Certification

Important* Viewing this on-demand video WILL NOT satisfy Florida state requirements for new Board Members; NOR will this recorded version offer CEUs for CAMS or Board Members. It is for informational purposes only and is not to be considered as legal advice. Should you have any questions, contact your association counsel.*

Instructors (Course Provider): Danielle M. Brennan, Esq. BCS and Andrew B. Black, Esq. BCS (KBR Legal); Co-host: RealManage Family of Brands

November 12, 2024November 13, 2024

MySafe Florida Condominium Pilot Program Launching

Rembaum’s Association Roundup | Jeffrey A. Rembaum, Esq., BCS | Visit HERE

The information below is a copy of the email from the State’s program. Not with a Condominium Association? Please feel free to share with colleagues who are!

The Department of Financial Services is thrilled to announce the upcoming launch of the My Safe Florida Condominium Pilot Program on November 14, 2024! This new initiative aims to enhance the safety and resilience of condominiums across Florida, and we are excited to invite potential applicants like you to take part in this important program.

The My Safe Florida Condominium Pilot Program is designed to help condominium associations strengthen their properties against the impacts of natural disasters, such as hurricanes, by offering access to critical resources, safety improvements, and financial assistance. Whether you’re looking to improve your condominium’s wind resistance or apply for funding to offset improvements, this program is here to support you.

Key Program Details:

- Launch Date: November 14, 2024.
- Who can apply: Condominium Associations in the state of Florida located within the Program’s Service Area.
- What’s offered to Eligible Condominium Associations: 1. A no-cost wind mitigation inspection and report, which includes recommendations for improvements and potential insurance premium savings. 2. A Grant Award to reimburse condominium associations following the completion of authorized improvements.

We encourage you to stay tuned for more updates as we get closer to the official launch date. In the meantime, be sure to check our website https://mysafeflcondo.com/ for more information on eligibility requirements, program benefits, and how to get ready to apply.

This is a wonderful opportunity to improve your condominium’s safety while contributing to a stronger, more resilient Florida. We look forward to welcoming you to the program!

November 12, 2024January 7, 2025

What Your Condo/HOA Should Know About Golf Cart Insurance

Posted with permission of HOALeader.com

An HOAleader.com reader says: “You should do an article on golf cart insurance. Here in California, the price has shot up, and availability is severely restricted. Our POA has 40 miles of private roads, and we allow carts to be driven on them. But we’re struggling with members being required to give us certificates of insurance with minimum liability requirements.

Finally, to further complicate things, the ‘coverage’ offered by the carriers that do write the coverage varies greatly from one to the next. It’s a fountain of misinformation on both sides.”

OK, we’ll bite because it’s totally a thing for residents to tool around in golf carts in communities across the country.

In fact, Lisa Magill, of counsel based in Pompano Beach, Fla., Kaye, Bender & Rembaum, does just that. “We have a golf cart we ride around,” she says. “It’s very popular for people to have golf carts and to drive them around in our town center.” [Read the complete article here]

November 8, 2024November 13, 2024

A Differing Tale of Two Terminating Condominiums

Rembaum’s Association Roundup | Jeffrey A. Rembaum, Esq., BCS | Visit HERE

An extremely similar fact pattern leads to diametrically opposed results between Florida’s Fourth District Court of Appeal and Florida’s Third District Court of Appeal.

In the case before the Fourth District Court of Appeal, Fellman v. Mission Viejo Condominium Association, Inc., Case No. 4D22-1260, (Fla. 4th DCA April 6, 2023), 175 of the 176 condominium units were acquired over time by a bulk owner, and the bulk owner sought termination of the condominium. However, Fellman as the single holdout objected to the plan of termination. At trial, the trial court entered a summary judgment in favor of terminating the condominium, which Fellman then appealed to the Fourth District Court of Appeal.

The Mission Viejo Declaration of Condominium was recorded in 1980 and required 100 percent consent of all unit owners as necessary to terminate the condominium form of ownership. Forty-one years later, on February 5, 2021, the bulk owner amended the required vote to terminate the condominium from…Read the full article on Rembaum’s Association Roundup