Rembaum's Association Roundup Archives

February 11, 2026February 11, 2026

House Bill 657: Legislation Proposed to Potentially Destroy Florida’s Homeowners’ Associations

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

Homeowners’ associations (HOAs) are a defining feature of a great many Florida neighborhoods. Designed to maintain property values, create cohesive communities, and manage shared amenities, HOAs promise an organized and well-maintained living environment. Additionally, the local governmental water management districts require the community’s developers to create an entity to manage the surface water drainage system over the large tracts of land upon which the homes will be built. Those entities are created and become what we know as the homeowners’ association.

Purchasers looking to buy in an HOA often drive through the community and are attracted to the overall appearance of the well-maintained homes, manicured lawns, maintained roads, common amenities, and so much more. Yet, a curious phenomenon persists: some people willingly buy homes within HOAs only to become vocal critics or active challengers of the very organizations they once accepted. For instance, they receive a letter to clean the driveway or roof and react angrily. Or, they are furious when the HOA tells them they cannot park their boat in the neighborhood. Why does this negative reaction happen? Why educated and smart, prospective purchasers fail to read the covenants and rules as part of their purchase process can boggle the mind.

For many, buying a home is the largest purchase of their lifetime; yet some do so without even reading the covenants and rules. Despite initial enthusiasm, some residents later find themselves at odds with their HOA. A few even want to find a way to disband and fully terminate their HOA. To those people it must be asked, why did you even move into an HOA in the first place?

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February 2, 2026February 2, 2026

Does the Association Need to Exercise Self-Help Options Before Taking Legal Action?

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

An Ever-Changing Situation

In two previous articles – “Violation Remedies: Self-Help vs. Injunction | Which to Use” published in June 2022 and “Is It Time to Consider Removing an Association’s Right of Self-Help to Cure an Owner’s Violation from the Declaration?” published in November 2023 – the Roundup reported on appellate cases addressing the right of homeowners’ associations to seek an injunction against an owner for violations of the declaration as compared against the need to first seek a self-help remedy when also authorized by the declaration. Both articles discussed recent appellate cases from Florida’s 2^nd District Court of Appeal (DCA) and Florida’s 6^th DCA. These cases held, in short, that if the declaration provides that an association may seek an injunction for a court order against a noncomplying owner and also includes the association’s right of self-help to cure the violation, the remedy of self-help must be employed before the association can seek an injunction ordering the noncomplying owner to cure the violation.

For example, if an owner fails to maintain their yard and the declaration provides the association with the remedies of self-help and seeking a court ordered injunction to compel the owner to cure the violation, both the 2^nd DCA and 6^th DCA held that the association must at least try…

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January 7, 2026February 2, 2026

Posting Official Records on the Association’s Website and Electronic Meeting Posting and Retention Requirements

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

The purpose of this Roundup article is to clarify which condominium association official records must be posted to the association’s website. This is due to the January 1, 2026, requirement set out in §718.111(12)(g), Florida Statutes, which requires that all condominium associations with 25 or more units that do not contain timeshare units have a password-protected website (or downloadable through an app on a mobile device) upon which to post certain official records. This article will also address a few distinctions as compared to the website and posting requirements for a homeowners’ association governed under Chapter 720, Florida Statutes.

The general requirements for condominium associations are as follows:

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November 3, 2025November 3, 2025

Adopting Electronic Voting in Florida

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

The Statutory Similarities and Differences Applicable to Condominium, Cooperative and Homeowners’ Associations

Electronic voting continues to become an increasingly attractive option for community associations. The benefits of electronic voting are many and include the following: (i) allowing members to cast their votes from an electronic device anywhere with an internet connection; (ii) helping associations achieve quorum requirements because an electronic vote counts as the member being in attendance at the meeting; (iii) automating the counting and collection of votes thereby reducing the potential for errors associated with manual counting ballots; and (iv) saving associations money by reducing costs associated with the cost of printing and mailing of paper ballots and associated paperwork.

Despite the many benefits of electronic voting, many associations still insist on voting the old-fashioned way and are reluctant to adopt electronic voting. However, as further discussed below, adopting electronic voting is not a complicated endeavor.

So, how can an association adopt electronic voting? In short, at a properly noticed board meeting, the board of directors (the board) of the association must…

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October 12, 2025October 28, 2025

The Pre-Suit Mediation Process | Friend or Foe?

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

Overall, the often statutorily required pre-suit mediation process governed by §720.311, Fla. Stat., can potentially save a community association tens of thousands of dollars by providing an opportunity to resolve the dispute prior to litigation. In fact, a great many disputes resolve themselves at this stage, but not all disputes are subject to the pre-suit mediation requirements. Sometimes opting to use the process is voluntary, and sometimes it is mandatory. Condominium, homeowners’, and arguably cooperative associations can all take advantage of the pre-suit mediation process described in §720.311, Fla. Stat., though there are a few noticeable differences.

As per §720.311, Fla. Stat., election and recall disputes are not eligible for pre-suit mediation. This is because those disputes must be resolved via arbitration by the DBPR Division of Florida Condominium, Timeshares, and Mobile Homes—Arbitration Section or filed in a local court of competent jurisdiction. Other HOA disputes for which the pre-suit mediation process is not required include collection of any assessment, fine, or other financial obligation, including attorneys’ fees and costs, claimed to be due or any action to enforce a prior mediation settlement agreement between the parties.

Regarding HOA disputes that must follow the pre-suit mediation process before the dispute is filed in court, the aggrieved party must follow the pre-suit mediation when the dispute meets one of the following criteria:

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September 13, 2025October 28, 2025

Construction Defects | From the Frying Pan into the Fire

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

At times the law can be quite cruel. A recent appellate case from Florida’s Fourth District Court of Appeal, Vuletic Group LLC d/b/a Concept Construction v. Malkin, Case No. 4D2024-1589 (Fla. 4th DCA July 16, 2025), reminds us all of this salient fact.

In Vuletic Group, the parties contracted with one another in 2018 for a house remodeling project. Around November 2019, the homeowners terminated the contract and stopped paying the contractor. As a result, the contractor sued the homeowners for nonpayment. The homeowners then made a counterclaim against the contractor for breach of contract and construction defects. In the counterclaim the homeowners alleged that the contractor breached its contract by failing to supervise, coordinate, schedule, and/or manage a significant number of subcontractors and vendors working on the renovation project which ultimately led to multiple construction defects and deficiencies.

In January 2023 a bench trial (a non-jury trial) was held during which the homeowners presented expert testimony regarding the anticipated costs to repair and remedy all the issues allegedly caused by the contractor’s breach of contract, amounting to $414,372 in damages. Ultimately, the trial court ruled in favor of the homeowners and awarded them damages in the amount of $499,250, which also included pre-judgment interest. After the trial court’s ruling,

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August 8, 2025October 28, 2025

What Managers and Board Members Need to Know About House Bill 913

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

On June 23, 2025, Florida Governor DeSantis signed House Bill 913 (HB 913) into law. Its provisions took effect on July 1st. In last month’s Roundup we discussed how HB 913 amends the Florida Condominium Act, Chapter 718, Fla. Stat. In today’s article the Roundup considers how HB 913 affects Chapter 468, Fla. Stat., which addresses the statutory requirements for both management companies and individual licensed community association managers (LCAMs). The following information is presented generally in the order in which it is presented in HB 913.

If an LCAM’s license is revoked, then such individual cannot own any interest in a management company during the 10-year period after the effective date of the license revocation and cannot reapply for ownership in a management company until such 10-year period is completed.

LCAMs must create and maintain an online licensure account with the Florida Department of Business & Professional Regulation (DBPR). In addition, all LCAMs must both identify the…

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July 2, 2025October 28, 2025

House Bill 913: A Summary of What You Need to Know

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

As initially written for the Florida Community Association Journal, by the time you read this article we will know whether Florida House Bill 913, as approved by both houses of the Florida Congress, is the law of the state. In fact HB 913 was approved by the Governor and will be effective July, 1 2025.

This bill primarily pertains to condominium and cooperative associations. There are also new requirements for licensed community association managers and management companies that will be addressed in detail in our 2025 Legal Update Guide and a future Roundup article, too. Homeowners’ associations governed by Chapter 720 F.S.are not addressed in this bill.

With that in mind, let’s take a look at a few of the more notable changes as related to condominium associations.

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June 12, 2025June 12, 2025

Accusations Of Racial Discrimination by the HOA

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

Admittedly there are always two sides to every story. This is why we have the American judicial system to get to the resolution of a matter as decided by the “trier of fact,” be it the judge or jury, after hearing from both the accuser and the accused (or in civil terms, hearing from the plaintiff and defendant). In most civil cases a plaintiff only needs to prove that a particular event was more likely than not to have occurred. This is referred to as a “preponderance of the evidence” standard of proof, meaning that a majority of the evidence favors the plaintiff’s position. But, before the parties can get to that stage, the plaintiff first must sufficiently allege a cause of action against the defendant. If not, then the plaintiff’s lawsuit is subject to being dismissed. Well, that is exactly what happened in the recent federal appellate case of Watts v. Joggers Run Property Owners Association, Inc., 133 F.4th 1032 (11th Cir. 2025), in which the plaintiff, Watts, appealed the dismissal of her case in its entirety by the lower court, the U.S. District Court for the Southern District of Florida.

In the underlying action, Watts alleged Joggers Run of taking unlawful actions against her, her family, and her guests due to their race and brought claims against Joggers Run under both the Fair Housing Act and the Civil Rights Act. Watts accused Joggers Run of selectively enforcing its rules pertaining to parking, pets, yard sales, and penalty fees against her and her family but not against non-Black residents. She accused the association’s president of referring to Black people as “monkeys” and another director of using derogatory, race-based comments. She alleged that she was limited to three minutes when…

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May 18, 2025June 12, 2025

Board Member Fiduciary Duties Owed to the Association

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

What is the standard of care that a community association officer and board member owe to their association? The Homeowners’ Association Act (Ch. 720 Fla. Stat.) provides in §720.303, “The officers and directors of an association are subject to §617.0830 and have a fiduciary relationship to the members who are served by the association.” The Condominium Act (Ch. 718 Fla. Stat.) in §718.111 similarly provides, “The officers and directors of the association have a fiduciary relationship to the owners.” Still, though, there is no express definition of the term “fiduciary relationship” set out in either piece of legislation.

With that in mind, let’s take a look at some of the more common definitions of the term “fiduciary,” including the following:

- A fiduciary relationship is a relation between two parties wherein one party (fiduciary) has the duty to act in the best interest of the other party (beneficiary or principal).
- A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person.
- A fiduciary duty is a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party.
- Most importantly, and germane to this discussion, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.

From all of this we can glean that a good community association board member puts the interest of their association well above their own personal interests. Not only are homeowners’ associations subject to Chapter 720, Florida Statutes, and condominium associations subject to Chapter 718, Florida Statutes, but both are subject to Florida’s Not-For-Profit Corporation Act, Chapter 617, Florida Statutes. Section 617.0830, Fla. Stat., provides a mechanism that will shield a director from breach of fiduciary duty claims so long as they follow the requirements set forth in this ever-important piece of legislation.

Section 617.0830, Fla. Stat., provides, …

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