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
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Offices in Miami-Dade (by appointment)
Reach any office: 800.974.0680
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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
Castle Group hosts Season 5, Episode 10 of Association Leadership: SIRS Budget Implementation Overview. The webinar was moderated by Craig Vaughan, Castle Group CFO and is joined by Jeffrey A. Rembaum, Esq. BCS, of Kaye Bender Rembaum (amongst other panelists).
Note: Viewing this video will not satisfy any Florida State requirement for CAMs or Board Members. This is strictly informational and for review.
Rembaum’s Association Roundup | Jeffrey A. Rembaum, Esq., BCS | Visit HERE
The purpose of this interim short article is to clarify:
i) homeowners’ association versus condominium association board member certification and continuing education requirements;
ii) provide greater clarity regarding condominium association hurricane protection requirements;
iii) clarify homeowners’ association website posting requirements, and remind homeowners’ association board members of three mandates from the 2024 legislation.
Board Member Certification Requirements and Continuing Education Requirements.
Condominium association board members must take a 4-hour board member certification course with certain subjects mandated within 90-days after being elected or appointed to the board.
Condominium association board members must take one-hour of continuing education per year.
Homeowners’ association board members must take a board certification course within 90-days after being elected or appointed to the board (no minimum time required, typically two hours).
Homeowners’ association board members with fewer than 2,500 parcels in the association must take 4-hours of continuing education per year and if 2,500 parcels or more in the association, then 8-hours of continuing education per year.
At the present time, no clarification has been provided whether the board certification courses will count towards the continuing education requirements.
With regard to condominium association hurricane protection requirements, in our last version of the 2024 Legal Update, there was a typo on page 32 where the word “irrelevant” was erroneously used instead of “relevant”.
Condominium Hurricane Protection Specifications. Each board of a residential condominium or mixed used condominium must adopt hurricane protection specifications for each building within the condominium operated by the association which may include color, style, and other factors deemed relevant by the board (please note that this provision used to apply to hurricane shutters but now applies to hurricane protection).
The following two homeowners’ association meeting notice requirements are applicable only to postings on the HOA website (or App), and not the physical posting at a conspicuous place in the community:
HOA: New Website Posting Requirement for Members’ Meetings.
Notice of any scheduled meeting of the members and the agenda for the meeting, as required by Section 720.306, Florida Statutes, at least fourteen (14) days before such meeting. The notice must be posted in plain view on the homepage of the website or app, or on a separate subpage of the website or application labeled “Notices” which is conspicuously visible and linked from the homepage. The Association shall also post on its website or application, any document to be considered and voted on by the members during the meeting, or any document listed on the meeting agenda, at least seven (7) days before the meeting at which such document or information within the document will be considered.
HOA: New Website Posting Requirement for Board Meetings.
Notice of any board meeting, the agenda, and any other document required for such meeting must be posted on the website or app no later than the date required for such notice.
Remember, every homeowners’ association board must:
Recorded June 21, 2024 | Note: This recording is informational only, should not be considered as legal advice, and will not satisfy CE requirements for Florida CAMS.
Presented by GRS Community Management. Course provided by Kaye Bender Rembaum, taught by Kerstin Henze, Esq.
A Structural Integrity Reserve Study (SIRS) is designed to ensure that Condo Owners Associations are reserving funds for the long-term maintenance and necessary replacement of critical structural elements in their buildings. A Milestone Inspection Report (MIR) is a structural inspection of a building including an inspection of load-bearing elements and the primary structural members and primary structural systems.
Learn what communities can expect as they complete these new requirements.
Note: Viewing this video will not satisfy any Florida State requirement for CAMs or Board Members. This is strictly informational and for review and its content is not to be considered as legal advice.
Recorded June 20, 2024. The virtual conference, presented by SOCOTEC, is dedicated to serving Florida condominium associations, fostering immersion and integration through seasoned technical advice leading safe build environments and communities. Viewers will have the chance to learn from our panelists and the exchange of ideas regarding the most recent legislative changes pertaining to building safety regulations and rules governing condominium communities and delve into strategic insights on compliance, industry standard and building safety measures in all facets of force-majeure complexities.
Kaye Bender Rembaum attorney, Lisa A. Magill, Esq. BCS is among the panelists, and covered the legislative update portion of the summit.
Recorded June 19, 2024 | Note: This recording is informational only, should not be considered as legal advice, and will not satisfy CE requirements for Florida CAMS.
Lisa Magill (Kaye Bender Rembaum) will discuss all of the newly passed legislation that affect homeowners’ associations. Excellent information for Florida CAMS, Board Members and homeowners in Florida HOAs.
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.
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:
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.
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…
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:
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