1200 Park Central Blvd. South, Pompano Beach, FL 33064
9121 North Military Trail, Suite 200, Palm Beach Gardens, FL 33410
855 E SR 434., Suite 2209, Winter Springs (Orlando area), FL 32708
1211 North Westshore Blvd., Suite 409 Tampa, FL 33607
Offices in Miami-Dade (by appointment)
Reach any office: 800.974.0680

1200 Park Central Blvd. S., Pompano Bch, FL 33064
9121 N. Military Trail, Ste. 200, Palm Bch Gdns, FL 33410
855 E SR 434., Suite 2209, Winter Springs (Orlando area), FL 32708
1211 N. Westshore Blvd., Ste. 409, Tampa, FL 33607
Offices in Miami-Dade (by appointment)
Reach any office: 800.974.0680

Association Leadership: S6, E7 | 2025 Legislative Session Update | May 7, 2025

Castle Group hosts Season 6, Episode 7 of Association Leadership: 2025 Legislative Session Update

The webinar was moderated by Craig Vaughan, Castle Group, and is joined by  Jeffrey A. Rembaum, Esq. BCS, & Emily E. Gannon, Esq. of Kaye Bender Rembaum.

Note: Viewing this video will not satisfy any Florida State requirement for CAMs or Board Members. This is strictly informational and for review.

Covenant Enforceability for HOAs & Condos | Recorded May 6, 2025

*Read Before Viewing* | This recorded video WILL NOT satisfy Florida state certification requirements for 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.

Instructed by Kerstin Henze, Esq. (Kaye Bender Rembaum) and co-hosted by GRS Community Mgmt.

The importance of timely and uniformly enforcing the covenants, learning about common restrictions to enforce, and possible enforcement issues that arise due to the lack of uniform and/or timely enforcement. Also learn the basics of enforcement options, including the statutory process to levy a monetary fine, to suspend the ability of a person to use the common areas, as well as suspending voting rights. Participants will also be provided with guidance on the formal dispute resolution process when a covenant violation occurs, including, as applicable, mediation, arbitration, and legal action being filed in State Court.

HOA Board Member Certification | Recorded April 30, 2025

*Read Before Viewing* | This recorded video WILL NOT satisfy Florida state certification requirements for 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.

Peter C. Mollengarden, Esq. BCS (Instructor) from Kaye Bender Rembaum (course provider and co-host) led this HOA Board Certification Course. Board members received a comprehensive education of the statutory requirements and responsibilities that each volunteer must know to more effectively serve on the Board of Directors of a Homeowners’ Association. Co-hosted by GRS Community Mgmt.

HOA Board Member Certification | Recorded April 10, 2025

*Read Before Viewing* | This recorded video WILL NOT satisfy Florida state certification requirements for 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.

Emily E. Gannon, Esq. (Instructor) from Kaye Bender Rembaum (course provider and co-host) led this HOA Board Certification Course. Board members received a comprehensive education of the statutory requirements and responsibilities that each volunteer must know to more effectively serve on the Board of Directors of a Homeowners’ Association. Co-hosted by Affinity Mgmt.

HOA Board Member Certification | Recorded March 27, 2025

*Read Before Viewing* | This recorded video WILL NOT satisfy Florida state certification requirements for 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.

A comprehensive education of the statutory requirements and responsibilities that each volunteer must know to more effectively serve on the Board of Directors of a Homeowners’ Association. Instructed by Kerstin Henze, Esq of Kaye Bender Rembaum. Co-hosted by Akam.

U.S. Treasury Department Announces the Suspension of Enforcement of the Corporate Transparency Act Against U.S. Citizens and Domestic Reporting Companies

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

Keeping up with the “on again, off again” requirements of the Corporate Transparency Act is like watching a basketball bounce up and down. Finally, however, it appears as though the point guard took the shot and the basket is made.

On March 2, 2025, The Treasury Department announced that, with respect to the Corporate Transparency Act, not only will it NOT enforce any penalties or fines associated with the beneficial ownership information reporting rule under the existing regulatory deadlines, but it will further NOT enforce any penalties or fines against U.S. citizens or domestic reporting companies or their beneficial owners after the forthcoming rule changes take effect either.

The Treasury Department will further be issuing a proposed rulemaking that will narrow the scope of the rule to foreign reporting companies only. Treasury takes this step in the interest of supporting hard-working American taxpayers and small businesses and ensuring that the rule is appropriately tailored to advance the public interest.

“This is a victory for common sense,” said U.S. Secretary of the Treasury Scott Bessent. “Today’s action is part of President Trump’s bold agenda to unleash American prosperity by reining in burdensome regulations, in particular for small businesses that are the backbone of the American economy.”

You can view the official Press Release HERE.

It was also rumored that the Executive branch made an announcement that the United States Treasury will be suspending all future enforcement of the Corporate Transparency Act on American businesses and is working towards an emergency rule for codification of the new enforcement policy in furtherance of its goals toward less governmental regulation.

As new information is obtained we will share it with you, our readers.

Thinking of Filing a New Lawsuit?

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

The Florida Supreme Court approved multiple substantial amendments to the Florida Rules of Civil Procedure that went into effect on January 1, 2025. While these changes are significant, they do not appear to be terribly overwhelming. This article is not intended to provide a comprehensive review of these changes but rather to point out some of the more interesting changes. It is important to note that these new procedural amendments to the Florida Rules of Civil Procedure only apply to lawsuits filed on or after January 1, 2025. In speaking with several litigators about these new rules, their takeaway is that a plaintiff best be ready for trial when filing your lawsuit. They say this because of the new discovery rules that fast track the process.

Courts now have the authority to extend deadlines for responding to motions either with or without a formal motion and with or without notice. This increased flexibility should streamline… [Read the Rest]

Association Leadership: S6, E3 | Navigating Association Records | January 15, 2025

Castle Group hosts Season 6, Episode 3 of Association Leadership: Navigating Association Records -Clarity, Compliance, and Community Best Practices

The webinar was moderated by Brian Street, Castle Group, and is joined by  Jeffrey A. Rembaum, Esq. BCS, & Alan Schwartzseid, Esq. BCS of Kaye Bender Rembaum.

Note: Viewing this video will not satisfy any Florida State requirement for CAMs or Board Members. This is strictly informational and for review.

The Consequences of Failing to Maintain the Official Records

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

The following scenario happens all too often. A member makes a written records request to inspect the official records of the association and proceeds to provide a laundry list of documents that the member wants to inspect. In response, the association may arrange to have the member come to the property management office to inspect the records or, if the laundry list is not extensive, provide the requested records to the member by making copies or providing them electronically. Sometimes, however, associations do not always maintain official records in accordance with the requirements of Chapters 718 and 720, Fla. Stat., and an association may argue that it gave the member what it could, so that is all that really matters, right? Wrong! If your association operates this way, you are in for a surprise.

In the case of William Pecchia and Kathleen Porter v. Wayside Estates Home Owners Association, Inc., 388 So. 2d 1136 (Fla. 5th DCA 2024), litigation initially arose between the homeowners (Pecchia and Porter) and the association due to the belief by Pecchia that the association was failing to maintain the common area and that the association was not enforcing violations. Pecchia observed that over the years the association lowered annual assessments and seemed to spend less money on maintenance despite observable deteriorating conditions to the property. [Read the Rest]

Corporate Transparency Act Strikes Back!

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

In the never ending saga regarding the applicability of the Corporate Transparency Act, there is yet another twist in that the judge in the Texas litigation, which we wrote about to you on December 14 and who issued the nationwide injunction, reversed course on December 23, when he lifted the court’s previously enacted injunction making the Corporate Transparency Act’s registration requirements applicable once again. However, FinCen, in light of the short notice, has extended the deadline in which to register to January 13, 2025 absent other deadline extensions.

As reported in our prior article, a recent update from the United States Department of Treasury, Financial Crimes Enforcement Network (FinCen) provides an extension of time to comply with the requirements of the Corporate Transparency Act for the initial reporting deadlines, but there are strict requirements regarding the applicability of the extension as discussed below.

FinCen, on October 29, 2024, extended the initial reporting deadlines to June 30, 2025, for associations in counties affected by Hurricane Milton where:

(1) Federal Emergency Management Agency (FEMA) assistance is available for individual or public assistance; and

(2)    IRS tax filing deadlines have been extended.

Associations in the following counties appear to be subject to the extension:

Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lafayette, Lake, Lee, Levy, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putman, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, and Volusia.

Of course, to be absolutely certain, please check with your association’s attorney.

[Read the Rest]