Become our Member : JOIN SFPMA TODAY   LogIn / Register: LOGIN/REGISTER

SFPMA Industry Articles | news, legal updates, events & education! 

Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

Kaye Bender Rembaum is a full service commercial law firm dedicated to the representation of community associations throughout Florida.

Kaye Bender Rembaum is a full service commercial law firm dedicated to the representation of community associations throughout Florida.

  • Posted: May 05, 2022
  • By:
  • Comments: Comments Off on Kaye Bender Rembaum is a full service commercial law firm dedicated to the representation of community associations throughout Florida.

Kaye Bender Rembaum is a full service commercial law firm dedicated to the representation of community associations throughout Florida. Under the direction of attorneys Robert L. Kaye, Esq., Michael S. Bender, Esq., and Jeffrey A. Rembaum, Esq. Kaye Bender Rembaum provides its clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns. They have offices in Pompano Beach, Palm Beach Gardens and Tampa, and in Miami-Dade by appointment.

The associates of Kaye Bender Rembaum establish relationships with clients to understand their needs and goals. Kaye Bender Rembaum assists clients in all matters of Association representation including, but not limited to, collection of assessments, contract negotiation, covenant review and amendment, covenant enforcement and construction defect claims. Kaye Bender Rembaum also keeps clients up-to-date on new developments in the law and how they personally affect them. The firm provides prompt, effective, high quality, cost-efficient and understandable legal advice and services to a diverse client base. Associates strive to help clients operate and administer their communities better and to educate them on their responsibilities and duties under Florida law and their governing community documents. Robert Kaye, Michael Bender and Jeffrey Rembaum are industry leaders who are often sought out by public policy makers and the media for advice and commentary on community association law.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Thank you for your interest in Kaye Bender Rembaum.


Practice Areas

Kaye Bender Rembaum is dedicated to providing clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns. Our areas of concentration include:

  • Assessment Collections
  • Construction Defect Claims
  • Contract Drafting and Negotiation
  • Covenant Enforcement
  • Fair Housing
  • Land Use and Zoning
  • Litigation and Arbitration
  • Master / Sub Association Issues
  • Pre and Post Turnover Planning
  • Review and Amendments of Covenants

Contact Us

Tags:
Statutory Meeting Requirements by Becker

Statutory Meeting Requirements by Becker

  • Posted: May 04, 2022
  • By:
  • Comments: Comments Off on Statutory Meeting Requirements by Becker

Statutory Meeting Requirements

 POSTED ON 

Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. In fact, applicable laws governing the operation of condominium and homeowners’ associations allow board members to communicate by email but prohibits them from voting on issues by email.

Notably, a gathering of a quorum of board members to conduct association business is considered a board meeting (whether taking place in person or by real-time electronic means) and is required to be noticed and open to association members. However, two important exceptions apply. Namely, meetings of the board or an association committee at which the association’s attorney is participating for the purpose of rendering advice upon proposed or pending litigation are not required to be open to association members. Similarly, board meetings held to discuss personnel matters are also not required to be open to association members.

Association members are entitled to speak at open meetings on “designated items” (HOA) or an item on the agenda in a condominium. However, the rights of members to speak at meetings is subject to any rules adopted by the association governing the frequency, duration, and manner of member statements. The right to attend open meetings includes the right to tape record or videotape them, as long as such recording activity is not disruptive. Furthermore, the Division of Florida Condominiums has adopted rules regarding recording condominium association meetings (found in Fla. Admin. Code Rule 61B-23.002(10)), and the Homeowners’ Association Act provides that homeowners’ associations may adopt their own pertaining to recording homeowners’ association meetings.

As such, there are statutory meeting requirements that must be followed for board meetings which must be kept in mind when an association is adopting or changing its procedures. Failing to follow the basic statutory requirements may result in problems. Questions about board meetings, committee meetings, which have their own set of requirements, and members’ meetings should be directed to legal counsel for guidance.

 

 

 

 

As leaders in Community Association Law, we not only helped write the law – we also teach it.

Did you know Becker provides over 200 educational classes per year throughout the State of Florida on a variety of topics ranging from board member certification to compliance, and everything in between? Our most popular classes are now available online!

To view our entire class roster, visit:
beckerlawyers.com/classes

Tags: ,
Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

  • Posted: May 04, 2022
  • By:
  • Comments: Comments Off on Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

Lawmakers have a way to save Florida homeowners $150 a year but State Farm doesn’t like it

Written By: Jason Garcia
In January, Gov. Ron DeSantis and the Florida Legislature had a chance to save money for Florida homeowners who are struggling to afford the soaring cost of property insurance.
Members of a key committee in the Florida Senate were presented with a plan that could have cut the price of homeowner’s insurance by an estimated $150 a year. And it would have done so without simultaneously imposing hidden costs on homeowners — like insurance policies that won’t cover the cost of replacing a roof or legal changes that make it much harder to fight back against a big insurer in court.
The plan involved expanding a public insurance fund known as the “Florida Hurricane Catastrophe Fund.” And it had support from a broad spectrum of industry interest groups and a bipartisan coalition of elected officials.
But the Big Business lobby hated it.
At Cohen Law Group, It’s About Justice!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.
(407) 478-4878

 

Tags:
Watch the Webinar: Updating Governing Documents

Watch the Webinar: Updating Governing Documents

  • Posted: May 03, 2022
  • By:
  • Comments: Comments Off on Watch the Webinar: Updating Governing Documents

Watch the Webinar: Updating Governing Documents

We recently held an educational “Updating Governing Documents” webinar with Emily Gannon from Kaye Bender Rembaum to discuss why updating governing documents is critically important. The Webinar covered: The Hierarchy of Governing Documents The Amendment Process Common Misconceptions and more…

https://www.youtube.com/watch?v=UdKVohy_DhY&feature=emb_imp_woyt

FIRE SAFETY SYSTEM — FAIR WARNING?

FIRE SAFETY SYSTEM — FAIR WARNING?

  • Posted: May 03, 2022
  • By:
  • Comments: Comments Off on FIRE SAFETY SYSTEM — FAIR WARNING?

FIRE SAFETY SYSTEM — FAIR WARNING?

A serious DEADLINE (January 1, 2024) is creating another serious expense for Condo owners in the near future: FS 718.112 (l) — Firesafety.—Any high-rise association building must ensure compliance with the Florida Fire Prevention Code. That means that these buildings must retrofit either a fire sprinkler system or an engineered life safety system as specified in the Florida Fire Prevention Code.

But make no mistake: These buildings in question got ample warning: Since 2014 bills are being discussed and enacted creating this requirement. The deadline for the necessary retrofitting changed a few times – some ill-advised board members who didn’t care about the safety of their neighbors had the law firm of Becker& Poliakoff (former Senator Ellyn Bogdanoff, now an attorney with the Becker Law Firm) lobbying against this requirement, trying to remove this requirement in the statutes or minimum trying to postpone this deadline “forever”.

In 2017 then Governor Rick Scott even vetoed a bill that would have actually allowed residents to vote to end sprinkler and other safety requirements.

Let’s make no mistake: Safety requirements, especially in high-rise buildings, are absolutely necessary – even if some high cost is involved. We have seen in Surfside that neglecting safety requirements – or even ignoring them – can have deadly consequences.

Hopefully all these high-rise condominium buildings had board members that took care of creating reserve funds for installing the required Fire Safety System. They surely had long-time warnings.  We don’t want to see families losing their home because they were unable to pay the special assessment because the board members failed to collect the necessary funds over all these years.


 Need a Fire Safety Company for your Buildings?

Search our Members Directory – top companies can be found all over Florida that work with Condo and HOA’s.

When you are looking for companies to take care of your buildings fire safety, Our members are here to help.

ASAP Fire Sprinkler Protection LLC

Trending: Natural Lake MGMT Solutions

Trending: Natural Lake MGMT Solutions

Trending: Natural Lake MGMT Solutions

Enhance the health of your freshwater waterbodies with natural solutions like nutrient remediation, aeration, and more…

Maintaining a healthy lake or pond can be accomplished with natural, holistic management strategies. These tools can help improve water quality and enhance the aesthetics of your aquatic resource. Discover the benefits of natural management solutions…

ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management

ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management

  • Posted: Apr 29, 2022
  • By:
  • Comments: Comments Off on ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management

ALGAE BLOOMS: DID YOU KNOW?

by Allstate Resource Management

The climate in Florida is wonderful in many ways, but the year round warm weather and heat in the summer can increase algae blooms.
1. Lawn fertilizers are a big contributor to algae blooms. Leave at least a 10 foot buffer when dispensing fertilizer near a waterway. Fertilizer in the street will wash into the storm drains and all storm drains lead to the waterways.
2. Never blow or dispose of trash and lawn clippings into streets, storm drains, or waterways. They are loaded with nutrients and as they decay, they feed the algae blooms. All storm drains lead to the waterways.
3. Algae blooms may affect oxygen levels and block light which will harm the aquatic environment.
Allstate Resource Management has 25 + years helping South Florida homeowners associations with waterway management.
Contact us today at 954-382-9766 or info@allstatemanagment.com
for a FREE, no-obligation consultation
Tags:
How To Prepare Your Trees For Hurricane Season by Arborology Inc

How To Prepare Your Trees For Hurricane Season by Arborology Inc

  • Posted: Apr 28, 2022
  • By:
  • Comments: Comments Off on How To Prepare Your Trees For Hurricane Season by Arborology Inc

Hurricanes can cause massive damage to trees and landscape. Trees often end up hitting homes, power lines and other important property. If you live in Florida or any other location that is prone to Hurricanes you need to take steps to prepare your trees.

The most important step is even before you have planted the first tree. You should select the right tree for the right location. You should always select trees that are wind tolerant and have good branch structure. Trees with good branch structure will have less overextended limbs, included bark and tree defects. Some trees handle decay from pruning better than others making species an important factor in the right tree. If your trees don’t have all the desired characteristics don’t worry you can still have the tree pruned by a Certified Arborist to remove or reduce the defects in the tree. So many people overreact and remove their trees out of fear of the unknown. This isn’t always necessary and is a waste of money.

You should always have a Certified Arborist inspect your trees on an annual basis. A Certified Arborist will be able to identify tree defects and make recommendations on corrective actions. Be sure the Certified Arborist you are working with has the TRAQ (Tree Risk Assessment Qualification) credential. Ask your Certified Arborist to provide you proof of his qualifications so you are sure your getting sound advice. Don’t be afraid to get a second opinion before you commit to having work done. We recommend you first work with a consulting Certified Arborist that doesn’t perform tree service work so they have no financial interest in the recommendations made to you.

So now were ready to prune. I know you have tons of questions and I’m here to help you answer them.

Should you thin your trees so the wind can flow through them? No this can lead to overextended limbs which can fail during wind events.

Should you top your trees? Absolutely not, this is one of the biggest mistakes tree owners make. Topping trees will lead to weak attachment points, heavier upper canopy growth and reduced tree vigor.

Should you have the dead, broken, cracked or overextended limbs pruned or removed? Yes you should. Overextended limbs are long and have most of the weight at the end. Cracked or broken limbs have a high likelihood of failing during wind events, Dead limbs can break off and impact important property.

Should I prune my palms so they will survive the hurricane apocalypse? No palms are adapt to wind storms and have zero benefits from hurricane pruning. You will want to have them inspected by a Certified Arborist so any defects can be pointed out to you.

What can you do to help your trees survive a windstorm event? Plant the correct tree for the location, Have a Certified Arborist inspect them annually, prune only when you have a valid reason to prune them, provide fertilization when necessary and most of all don’t fall victim to fear or bad information.

If you are in need of a Certified Arborist to inspect your trees or help you determine what the best course of action is for your trees please contact our Certified Arborist at http://www.arborologyinc.com. We will be glad to meet you and empower you on managing your trees.


Ronnie Simpson
Board Certified Master Arborist
Arboriology Inc
http://www.arborologyinc.com

Tags: , ,
Get a fully responsive public website for your community association with your own domain name included! by Conceirge Plus

Get a fully responsive public website for your community association with your own domain name included! by Conceirge Plus

  • Posted: Apr 28, 2022
  • By:
  • Comments: Comments Off on Get a fully responsive public website for your community association with your own domain name included! by Conceirge Plus

Get a fully responsive public website for your community association with your own domain name included! Strengthen your community’s brand with our curated and customizable templates and fully featured mobile app option.

  • Your community website on your own domain name for the most customized resident and staff experience – included in Concierge Plus!
  • Incredibly easy-to-use content management system built right in to your community site.
  • Include data from your site that can be viewed without needing to log in (you pick the content, and there’s no need to maintain two sources of information like with a traditional, separate website).
  • Upload high-resolution images and/or videos of your community, and showcase them in various ways using our curated templates.
  • Want more branding functionality? Our native, fully featured mobile app option gives your community an app searchable and downloadable with your name, logo, and information.
BOOK A MEETING
Tags:
AMAZING PODCAST THAT DISCUSSES THE COLLAPSE IN SURFSIDE IN DETAIL AND FROM SO MANY DIFFERENT ANGLES.

AMAZING PODCAST THAT DISCUSSES THE COLLAPSE IN SURFSIDE IN DETAIL AND FROM SO MANY DIFFERENT ANGLES.

  • Posted: Apr 28, 2022
  • By:
  • Comments: Comments Off on AMAZING PODCAST THAT DISCUSSES THE COLLAPSE IN SURFSIDE IN DETAIL AND FROM SO MANY DIFFERENT ANGLES.

THE MIAMI HERALD HAS PREPARED AN AMAZING PODCAST THAT DISCUSSES THE COLLAPSE IN SURFSIDE IN DETAIL AND FROM SO MANY DIFFERENT ANGLES.

IN TODAY’S MIAMI HERALD, ERIC GLAZER IS INTERVIEWED REGARDING THE LAWS THAT LED TO THE DISASTER AND HOW THE LEGISLATURE IGNORED PRIOR WARNINGS.

TO LISTEN TO THE PODCAST CLICK HERE


EPISODE 8: THE RULES ARE DIFFERENT HERE Almost a year after the tragic fall of Champlain Towers South in Surfside, the Florida Legislature has done nothing to prevent another disaster. It’s an approach often taken in Tallahassee: Miami-Dade County’s problems are its own to fix. But the flaws at Champlain South aren’t necessarily limited to Miami-Dade, or even Florida. They could be present in older waterfront buildings around the world.

Episode 8: The Rules Are Different Here of Collapse: Disaster in Surfside, a new podcast from Miami Herald/Treefort Media, shows listeners how the long-term consequences of the deadly accident are still up in the air — and explores how previous decades of inaction by lawmakers and the Champlain South condo board contributed to the collapse.

Listen to the Podcast and hear the interview with Eric Glazer.

Tags: