violations Archives - Kaye Bender Rembaum

March 7, 2024October 27, 2024

Part 2 | Fair and Consistant HOA Violations Enforcement | March 6, 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. It is for informational purposes only and is not to be considered as legal advice. Should you have any questions, contact your association counsel.

Hosted and presented by Affinity Management Services.

A continuation of their first discussion in late January. Delve into the art of balancing authority with fairness in HOA violation enforcement. This webinar will discuss the importance of consistent application of rules, the role of enforcement committees, and how to handle situations where discretion is required.

Guest speaker: Emily E. Gannon, Esq. (Kaye Bender Rembaum)

January 31, 2024October 27, 2024

Fair and Consistant HOA Violations Enforcement | Jan. 31, 2024

Hosted and presented by Affinity Management Services.

Delve into the art of balancing authority with fairness in HOA violation enforcement. This webinar will discuss the importance of consistent application of rules, the role of enforcement committees, and how to handle situations where discretion is required.

Guest speaker: Emily E. Gannon, Esq. (Kaye Bender Rembaum)

December 12, 2023December 12, 2023

Political Yard Signs and Political Events

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

PROBHIBITING POLITICAL YARD SIGNS

Unless you share similar political views, your neighbor’s front yard sign supporting a favorite political candidate may be upsetting. Can a Florida community association demand the sign’s removal? A well-crafted and properly adopted board rule prohibiting all signs, as compared to just prohibiting political signs, is likely enforceable with this caveat.

Section 720.304 of the Florida Homeowners’ Association Act provides that any parcel owner may display a sign of reasonable size provided by a contractor for security services within 10 feet of any entrance to the home. In examining an association’s “no-sign” rule, let us first address the argument heard most often, “This is America! The First Amendment protects the right of all homeowners to display political signs in their front yard!”

This is simply not true, and wishing this to be true will not help. In fact…

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

November 7, 2023December 12, 2023

Is It Time to Consider Removing an Association’s Right of Self-Help to Cure an Owner’s Violation from the Declaration?

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

Through the years Florida’s community associations have relied upon the court decisions that had routinely agreed that the provisions of Florida Statutes that expressly authorize an association to entitlement to an injunction (i.e., a judicial order requiring a person to take action) superseded the common law standard of the requirement that there be no adequate remedy at law before a party could seek an injunction. In other words, an association could pursue injunctive relief and seek a court order to force an owner to wash their dirty roof even if the governing documents also permitted the association to enter upon the lot and cure the maintenance violation by cleaning the roof (this remedy is often called “self-help”).

However, due to rulings from both the 2nd District Court of Appeals in April 2022 and now the 6th District Court of Appeals in August 2023, that may no longer be the case. As you may recall, the April 2022 appellate case requiring a community association to first exhaust its permissive right to use “self-help” and cure an owner violation of the covenants before seeking an injunction was addressed…

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

June 30, 2022August 23, 2022

Violation Remedies: Self-Help vs. Injunction | Which to Use

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

Imagine this scenario: you are on the board of directors of your association. The association has repeatedly requested that an owner pressure wash their dirty roof to bring it into compliance with the community standards, but the owner refuses to do so. The association has already sent a number of demand letters and even levied a fine and perhaps a suspension of use rights, too, but the owner still will not comply. What is the association’s next step?

Read the rest at Rembaum’s Association Roundup!