architectural Archives - 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.

February 3, 2023May 24, 2023

Architectural Committees Formal Procedures, Published Standards and Self Help

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

Architectural Committees Formal Procedures, Published Standards, and Self Help

Formal Procedures

There are strict legal requirements that a homeowners’ association’s (HOA) architectural review committee (ARC) must follow, most especially if the ARC intends to deny an owner’s request. As this author has witnessed countless times, it is likely that many ARCs do not conduct their activities in conformity with Florida law such that an ARC denial may not withstand judicial scrutiny. If these legal requirements are not followed, and the ARC denies the owner’s architectural request, then it would be quite easy for the owner to challenge the ARC’s decision and prevail. Upon prevailing, the owner would be entitled to their prevailing party attorney’s fees and costs, as well. It is so easy to avoid this outcome, yet so few associations take the time to do it right.

Pursuant to §720.303(2), Florida Statutes, a meeting of the ARC is required to be open and noticed in the same manner as a meeting of the association’s board of directors. Notice of the ARC meeting must….

Read the rest at Rembaum’s Association Roundup..Click Here

February 11, 2022March 24, 2022

Will The Association’s Denial Of An Architectural Request Withstand Challenge? Many Won’t—Find Out Why

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

For many homeowners associations, a top priority is ensuring that the homes in the community are maintained in conformity with the “community-wide standard.” But, what is this subjective standard? How is compliance measured? What is the process to be judged when a request to the association’s architectural review committee (ARC) is made? The ARC is instrumental in ensuring that the community-wide standard is met. However, your association may run into a problem if the ARC denies a request from a homeowner if the association has not adopted specific, objective criteria and guidelines on which the ARC can rely.

[Read the Full Article…]