Rembaum's Association Roundup Archives

May 11, 2026May 11, 2026

Audio and Video Recording in Community Associations

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

Audio and Video Recording in Community Associations

Community associations increasingly rely on surveillance technology to enhance safety and protect property. Cameras with imbedded microphones are everywhere these days. As systems become more sophisticated, many boards are considering or are already using audio-enabled cameras in common areas. However, in Florida, recording spoken conversations raises significant legal considerations. This is especially true in areas where a reasonable person would think their conversations are private. Associations must navigate stringent consent laws, privacy expectations, and specific notification requirements to remain compliant and avoid liability. This article summarizes Florida’s legal framework governing audio recordings and outlines best practices for boards seeking to implement or update their surveillance programs.

Florida is a two-party consent state, meaning that all parties to a private conversation must consent before they can legally be recorded. This rule applies to in-person, telephone, and electronic communications. Florida Statute §934.03(1)(d) is explicit and specifically states: “It is lawful…for a person to intercept a wire, oral, or electronic communication when all of the parties to the communication have given prior consent.” Because audio recording captures oral communication, compliance with this statute is essential. Failure to obtain proper consent can expose the association to civil and criminal liability…

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April 7, 2026May 11, 2026

Beauty Is in the Eye of the Beholder, or Is It?

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

Legal Considerations in Association Landscaping Decisions

It is often said that beauty is in the eye of the beholder, and nowhere is this more evident than in the realm of community landscaping. Among the many benefits of residing within a community association is the expectation of consistently maintained and harmonious landscaping throughout the property. But, when does a change in common area/element landscaping become a material alteration requiring a vote of the membership?

As a general rule for a Florida condominium association, pursuant to §718.113 Fla. Stat., material alterations or substantial additions to condominium common elements require approval by 75 percent of total voting interests unless the declaration of condominium dictates a different procedure. But, as applied to a Florida homeowners’ association, the outcome is diametrically opposed because material alteration decisions are left to the board unless otherwise required by the governing documents.

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March 11, 2026May 11, 2026

Why Timing and Experience Matter: Lessons from a Recent Appellate Case

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

A recent appellate case, Whitehall at Bal Harbour Condominium Ass’n, Inc. v. Raviv, case No. 3D24-2031 (3d DCA, Jan 21, 2026), is a great reminder that in litigation, silence is not golden and can lead to a courtroom disaster. Legal disputes often turn on complex facts, nuanced statutes, and competing interpretations of precedent. But sometimes, the decisive factor is far simpler, such as whether a party raised its legal argument(s) at the right time.

This recent decision is a textbook example of how failing to timely assert a procedural objection can effectively forfeit it, and how that forfeiture can shape the outcome of an entire appeal, leading to a windfall victory for the other side. This case is much more than just a condominium dispute. It is a cautionary tale about litigation strategy, procedural diligence, and the indispensable value of retaining skilled litigation counsel.

The underlying dispute began as a typical conflict between a condominium association (Whitehall) and a…

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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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