community associations Archives - Kaye Bender Rembaum

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 27, 2026March 29, 2026

The Importance of Updating the Governing Documents of Community Associations | Recorded March 27, 2026

Recorded: March 27, 2026
*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.

Statutory changes and case law decisions greatly impact the interpretation, enforceability and legal effect of the governing documents of a community association. Antiquated documents can create liability exposure to the association and its members. Old provisions may hinder association operations, leaving community associations without the rights and remedies it needs to property govern the community. Learn about common pitfalls in older governing documents, specific provisions that are no longer legally enforceable and why updates are so crucial to successful association governance. With Emily E. Gannon, Esq.

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 28, 2026March 1, 2026

The Importance of Updating the Governing Documents of Community Associations | Recorded February 27, 2026

*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.

February 26, 2026March 1, 2026

Elections for Community Associations | Recorded February 25, 2026

Elections for Community Associations (with Kerstin Henze, Esq.). Attendees will learn about about election law and procedures for condominiums, cooperatives and homeowners’ associations, including eligibility requirements and terms of directors, best practices for remote meetings, vacancies between elections, and election disputes.

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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