2021 Community Association Legislative Update Preview | Did They Really Pass That???

Webinar recorded May 13, 2021 | Informative discussion covering the highlights of 2021 Legislative Session and legislation affecting Community Associations. Many of the bills passed by the Legislature are likely to become law as soon as July 1, 2021 and you will want to:

  1. be informed as to what these laws will do, and
  2. prepared to limit some of the impact from these new laws before they take effect.

The Legislation includes new required assessment notices and extended collection times, electric vehicle and natural gas charging stations, HOA leasing limitations, new options for enforcement, changes to official records obligations, changes to insurance requirement for condominiums and changes to HOA reserve requirements.

With Allison L. Hertz, Esq., and Shawn G. Brown, Esq. of Kaye Bender Rembaum. Each attorney is a Board Certified Specialist in Condominium and Planned Development Law.

Kaye Bender Rembaum returned to the CE Breakfast at Galuppi’s with Lisa A. Magill, Esq. Presenting 2021 Legal Update

May 5, 2021 | Lisa Magill, Esq., BCS represented Kaye Bender Rembaum at the Galuppi’s CE breakfast in Pompano, and was also the presenter for the day, instructing ‘2021 Legal Update’.

In the weeks to come, Kaye Bender Rembaum will present numerous resources, including webinars and seminars, covering the new, upcoming legislation that has already been signed into law, as well as legislation that is expected to be signed into law.

Be sure to check out our calendar for our upcoming events and activities.

Implications of Governor’s Newest Executive Order on Florida’s Community Associations

Rembaum’s Association Roundup | 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 enacted by Florida’s community associations.

Remember that in order for a community association to use the statutory emergency powers, there must be a State of Emergency declared by the Governor. Therefore, since the Governor’s declared State of Emergency remains in effect through June 26, 2021, community association  boards of directors may still rely on the use of the statutory emergency powers. However, please remember that in order for a community association to use the statutory emergency powers there must be a nexus between the power being utilized and the actual conditions taking place at the association. In other words, a community association cannot just exercise the emergency powers  because it is convenient.  There should be a nexus.

Executive Order 21-102 can be viewed by clicking HERE.

Emergency Order Extended | Omnibus Legislation Affecting Associations | CAM CE Breakfast Returns

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

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 Chapters 718, 719, and 720 of the Florida Statutes, sailed through the Florida House and Senate. Presently, it is on the way to the Governor to sign into law. Once that happens, unless otherwise provided in the Bill, the legislation will take effect in July 1, 2021. While Kaye Bender Rembaum will be publishing summaries of all of the new laws, for those that cannot wait to read the Bill it can found by clicking https://kbrlegal.com/links/.

In case you missed it, please check out [Read the Rest]

Broward Emergency Order 21-01 | Pool Restrictions Lifted & Sanitization Requirements Reduced

Join Dan Tiernan from Campbell Property Management and attorney Michael Bender from Kaye Bender Rembaum to learn about Broward County’s latest Emergency Order 21-01 and its impact on community associations during this brief, 30-minute webinar.
 
Friday, April 23rd, 2021 | 12 Noon
 
This webinar is for Broward County community associations only. If you know someone who will benefit from this, please share.

Legislation to Help Community Associations is Moving

April 7, 2021 | Source: The CAI Florida Legislative Alliance

The CAI Florida Legislative Alliance comprehensive legislative package, Senate Bill 630 passed the Florida Senate and will move back to the House for concurrence. The Florida Legislative Alliance initiated and helped draft this much needed legislation and advocates like you have continued to support their efforts. Specifically, the bill:

  • Allows condominium associations to use the same non-binding arbitration process for dispute resolution that is currently used by homeowners associations.
  • Clarifies that board member term limits are prospective.
  • Increases the amount that can be charged for a transfer fee from $100 to $150.
  • Addresses insurance subrogation to curtail fraud and stop skyrocketing insurance rates.
  • Clarifies that associations’ emergency powers extend to a health emergency, not just a natural disaster.
The Florida House of Representative is expected to pass this version and will soon send it to Governor DeSantis to sign into law.
 
The Florida Legislative Alliance had another advocacy success on March 29 when Governor DeSantis signed SB 72 into law granting liability protection to businesses and entities from lawsuits related to COVID-19 exposure if they made a good faith effort to follow all federal, state, and local public health guidelines. As part of the Florida RESET task force, the Florida Legislative Alliance was able to make sure community associations were included in this legislation.

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 process, board members may be considering requiring proof of vaccination as a pre-requisite to such use.

While ultimately a decision within the business judgment of the board, requiring proof of vaccination prior to allowing use of an association amenity is not recommended. Do you remember the ol’ adage, “no good deed goes unpunished?” Well, requiring proof of vaccination from the members prior to allowing use of the clubhouse, no matter how well intended, could likely lead to significant and costly problems for the association who fails to heed the warnings set out in this article.

When acquiring medical information of members, the board’s duty, pursuant to relevant law, is to keep such acquired medical information confidential. Requiring proof of vaccination to use amenities will no doubt lead to a significant breach of that duty.

Another reason not to require proof of vaccination is that doing so will lead to creating two classes of members. The vaccinated members who are allowed to use the amenities and the unvaccinated members who are not allowed to use the amenities. Yet, all members pay for access to use the amenities in proportion to their assessment obligation. Therefore, this practice could expose the association to adverse litigation from the upset unvaccinated members.

If the aforementioned two reasons are not sufficient to dissuade you, then consider this: A member may choose not be vaccinated for religious reasons. In this situation, by requiring proof of vaccination the association will be exposing itself to a claim of religious discrimination.

If the association opens an amenity, then the amenity should be available to all members for use without consideration of vaccination. If that is a concern, then perhaps waiting a short while longer to open the clubhouse or other amenity makes the most sense. Remember, too, that when you do re-open to adhere to CDC protocols as may be appropriate for your community such as mask wearing, social distancing, and sanitizing. As a part of the re-opening procedure, please consult with your association’s attorney regarding the do’s and don’ts.

Community Associations Protected by Limited Liability Law

[As presented by Community Associations Institute Florida Legislative Alliance]

On Monday, March 29 Governor DeSantis signed SB 72 into law granting liability protection to businesses and entities, such as religious institutions and community associations, from lawsuits related to COVID-19 exposure if they made a good faith effort to follow all federal, state, and local public health guidelines.

The protections provided in this bill are important to CAI Florida Legislative Alliance (CAI-FLA). CAI is honored to have been a part of the Florida RESET task force, a coalition of organizations dedicated to reopening Florida safely that assisted in drafting and passing this legislation. In August of 2020, this working group announced their three priority legislative proposals, each of which were included in SB 72 which has been signed into law.

Specifically, the RESET Task Force’s draft legislation authorized limited cause of action for COVID-19 related claims with:

  • a heightened culpability standard: to establish liability, the defendant must have acted with gross negligence or intentional conduct;
  • a heightened evidentiary standard: clear and convincing evidence is required to establish liability, rather than a mere preponderance of the evidence; and
  • a shortened statute of limitations.

Upcoming This Week

April 6 | 9:00am-4:45pm
KBR Legal at the Palm Beach Expo Booth 23

We will also present two CE courses:
10am: Updating Your Government Documents. With Allison L. Hertz, Esq., BCS
2:45pm:
 2021 Legal Update. With Michael S. Bender, Esq., BCS

RSVP HERE

April 7 | 12:00-1:00pm
Association Insurance: Top FAQ’s & Concerns
With Allison L. Hertz, Esq., BCS and Brendan Lynch, EVP of Plastridge Insurance.

RSVP HERE

April 8 | 11:00am-12:30pm
Top 10 Common Mix-ups and Misperceptions of Condominiums and HOAs.
With Allison L. Hertz, Esq., BCS and Shawn G. Brown, Esq., BCS.

RSVP HERE

April 9 | 10:00am-12 Noon
Condominium Board Member Certification
Course # 9630075  |  2 CE credits in IFM or ELE. Fulfills Florida requirement for new condominium board members. With Andrew Black, Esq., BCS.

RSVP HERE

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 proposed legislation discussed below applies to condominium, cooperative, and homeowners’ associations.

House Bill 7 provides for relief from liability for Covid -19 related claims. This Bill provides protection from claims for damages, injuries, or death. While community associations are not specifically named in the legislation, corporations not- for- profit are included as are for profit business entities and charitable organizations. Corporations not- for- profit include the overwhelming majority of Florida’s community associations. At the time a plaintiff files a lawsuit at the courthouse, the plaintiff must also submit an affidavit signed by a physician actively licensed in the state of Florida which attests to the physician’s belief, within a reasonable degree of medical certainty, that the plaintiff’s Covid – 19 related damages, injury or death occurred as a result of the defendant’s acts or omissions. At this very early stage of the proceedings, admissible evidence is limited to the evidence demonstrating whether the defendant made a good faith effort to substantially comply with authoritative or controlling government issued health standards for guidance at the time the cause of action accrued. If the court determines that the defendant made such a good faith effort, then the defendant is immune from civil liability. If the court determines that the defendant did not make such a good faith effort, then the plaintiff’s case may proceed. However, absent at least gross negligence proven by clear and convincing evidence, the defendant is…Read the full article at Rembaum’s Association Roundup