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.