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: Season 5, Episode 8 | June 12, 2024

Castle Group hosts Season 5, Episode 8 of Association Leadership: Hurricane Preparedness. The webinar was moderated by Craig Vaughan, Castle Group CFO.  He will be joined by Castle’s EVP Brian Street, and Michael S. Bender, Esq, BCS and Jeffrey A. Rembaum, Esq. BCS, each 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.

Why Is This Special Assessment Different from All Others and the Need for a Legislative Fix

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

Not too long ago a condominium association foreclosed its assessment lien against a deceased unit owner and the sole heir. With the statutory prerequisites completed, including the recordation of the lien, the association commenced its foreclosure lawsuit. Ultimately, due to the failure of the defendants to respond, a final summary judgment in favor of the association was ordered, This judgment also included two special assessments that were properly levied by the association and remained unpaid. Here is where things begin to get interesting.

The special assessments were levied by the association after the lien was recorded and after the association commenced its foreclosure lawsuit. Therefore, the special assessments were not specifically referenced in the lien or in the foreclosure complaint because they were adopted after the lien was recorded and after the foreclosure action commenced. It is important to note that Section 718.116 (5)(b), Fla. Stat., provides the following, in pertinent part:

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

Association Leadership: Season 5, Episode 6 | April 17, 2024

Castle Group hosts Season 5, Episode 6 of Association Leadership: Florida Legislative Update. The webinar was moderated by Craig Vaughan, Castle Group CFO. He will be joined by Michael S. Bender, Esq, BCS and Jeffrey A. Rembaum, Esq. BCS, each 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.

Dos and Don’ts of Election Challenges

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

Pursuant to their relevant statutory provisions, election disputes that take place in condominium, homeowners’, and cooperative associations are subject to mandatory nonbinding arbitration before the Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division,” for short). It is referred to as “nonbinding” because the arbitrator’s order is not final until 30 days after its issuance, which provides time for either party in the dispute to challenge the decision to their local circuit court, which hears the case de novo (anew).

As you will read, not every election dispute will be heard by the Division. As a threshold matter of importance, the Division will not hear election disputes within 60 days prior to an election or 60 days after the election has taken place. In order to bring an election challenge, Florida Statutes require prior written notice to the other party of the dispute, where a reasonable opportunity to correct the alleged error is provided, and it is clearly expressed that if the alleged error is not cured, an arbitration action will take place…

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

Civility In Community Associations | Does It Even Exist Anymore?

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

Civility in Community Associations | Does It Even Exist Anymore?

It seems the growing trend is that tempers  flare so much faster than in days gone by. One of the more difficult situations to deal with is when a cantankerous member of the association goes out of their way to make life miserable for their neighbors and/or their board. The situation can often get out of hand, requiring legal assistance, which then requires the entire community to bear the financial burden of the problem. In large part, the ability of an association to curtail such behavior will depend upon the type of behavior exhibited by the member, along with which remedies are provided for in the association’s governing documents, inclusive of its rules and regulations.

Most declarations have a nuisance provision similar to the following:

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

Association Leadership: Season 5, Episode 3 | Jan. 17, 2024

Castle Group hosts Season 5, Episode 3 of Association Leadership: Corporate Transparency Act, other Director Responsibilities and Legislative Update. The live webinar will be moderated by Craig Vaughan, Castle Group CFO. He will be joined by Jeffrey A. Rembaum, Esq.  and Alan Schwartzseid, Esq, (Kaye Bender Rembaum, P.L.).

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

Elections For Community Associations | Recorded November 9, 2023

Note before viewing: This on-demand presentation is not approved for CE credit, nor will it fulfill any requirements for Board Members. It is for informational purposes only and should not be considered as legal advice. Should you have any questions, contact your Association Counsel.

Hosted by GRS Community Management. Course provided by Kaye Bender Rembaum, Peter C. Mollengarden, Esq., BCS instructing. Learn 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.

Covenant Enforceability for Community Associations | Recorded November 7, 2023

Learn 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. You’ll 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. Instructed by Alan Schwartzseid, Orlando, FL. location.

Note: Viewing this on demand does not satisfy state requirements for Board Members nor offer CEUs for CAMs. This is also not to be considered as legal advice. Should you have any questions, contact your Association counsel.

Association Collections | Recorded October 31, 2023

An overview of the collection, mortgage foreclosure, and bankruptcy processes and, practical tips to address each while keeping current legislation in mind. Speaker: Alan Schwartzseid, Esq. (Kaye Bender Rembaum, Orlando location). Note before viewing: This on-demand presentation is not approved for CE credit, nor will it fulfill any requirements for Board Members. It is for informational purposes only and should not be considered as legal advice. Should you have any questions, contact your Association Counsel.

Note: Viewing this on demand does not satisfy state requirements for Board Members nor offer CEUs for CAMs. This is also not to be considered as legal advice. Should you have any questions, contact your Association counsel.