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Kaye Bender Rembaum, with offices in Pompano Beach and Palm Beach Gardens, has opened an office in Tampa and named Shawn Brown, Esq. as Managing Attorney.

Kaye Bender Rembaum, with offices in Pompano Beach and Palm Beach Gardens, has opened an office in Tampa and named Shawn Brown, Esq. as Managing Attorney.

  • Posted: May 10, 2019
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Community Association Law Firm Kaye Bender Rembaum

Opens Third Office in Florida

Shawn Brown, Esq. joins Firm as Managing Attorney of new Tampa office

 

SOUTH FLORIDA – Leading Florida association law firm Kaye Bender Rembaum, with offices in Pompano Beach and Palm Beach Gardens, has opened an office in Tampa and named Shawn Brown, Esq. as Managing Attorney.

“This is a tremendous opportunity for us to expand our footprint on the west coast,” said Robert Kaye, Esq., managing Firm member of Kaye Bender Rembaum. “Shawn shares our commitment for delivering exceptional service to our clients. His knowledge and experience will be an asset as we continue to build our presence in the Tampa market.”

Prior to joining Kaye Bender Rembaum, Brown was a partner in the law firm of Frazier & Brown and the law firm of Redding & Brown, both in Tampa.

Board Certified in Condominium and Planned Development Law by The Florida Bar, Brown is an active member of the Condominium and Planned Development Committee where he serves as chair of the Safe Harbor Subcommittee, is a member of the legislative review group and is tasked with reviewing and providing comments and edits to the legislation affecting community associations each legislative session. He also served as a member of the Auxiliary Committee, reviewing and editing different chapters in the 4th Edition of the Florida Condominium and Community Association Law published by The Florida Bar. Brown also sits on the Real Property Litigation Committee, where he is chair of the Judicial Litigation Support and Education Subcommittee, and the Problem Studies Committee of the Real Property, Probate and Trust Law Section of The Florida Bar.

“I am thrilled to join such a well-respected Firm with a proven track record of success in community association law,” said Brown. “I look forward to this opportunity and

growing our presence here with existing and new clients.”

Brown’s focus has been exclusively on the practice of all aspects of community association law and regularly practicing before the trial and appellate levels of state and federal courts, including arguing before the Florida Supreme Court and administrative agencies such as the Florida Division of Condominiums. He has extensive experience in all aspects of community association law and real estate law, representing condominium and homeowner associations and handling issues ranging from collection of assessments and foreclosures to covenant enforcement and litigation. He is routinely invited to provide both association boards of directors and community association managers with regular legislative and case law updates.

Brown also represents individuals in real estate transactions and litigation, devoting his practice to working with clients on a broad range of legal issues that community associations, property owners and buyers and sellers of real estate face on a regular basis.

A graduate of Stetson University and Stetson University College of Law, Brown was a recipient of the U.S. Senator Max Cleland scholarship and served as an intern to United States Senator Connie Mack in his Washington D.C. office while attending American University. He is a resident of Tampa.

The new Kaye Bender Rembaum office is located at 1211 N. Westshore Boulevard in Tampa.

Kaye Bender Rembaum is a full-service commercial law firm concentrating on the representation of more than 1,000 community associations throughout Florida. With offices in Broward, Hillsborough and Palm Beach counties, the Firm was recently presented with the 2019 Readers’ Choice Award for Legal Services by the Florida Community Association Journal, an award they’ve received annually since 2014. For more information, visit www.KBRLegal.com, call 954-928-0680 and follow the Firm on www.facebook.com/KayeBenderRembaum.

Members of SFPMA.Com – State of Florida Property Management Association  Pompano Beach Office,  Palm Beach Office,

EmmaJean Livingston | Pierson Grant PR

6451 North Federal Highway, Suite 1200 | Fort Lauderdale, FL 33308
T: 954.776.1999, ext. 242 | E: elivingston@piersongrant.com

 

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Does an HOA have to renew records for the entire community and for each homeowner

Does an HOA have to renew records for the entire community and for each homeowner

  • Posted: Jan 02, 2019
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We were asked a Question– In Broward County does an HOA have to renew our records for our entire community or just for each homeowner? 

Florida Department of Economic Opportunity

Revitalization of Expired Homeowners Association Declarations and Covenants

In 1963, the Florida Legislature enacted the Marketable Record Title Act (“the Act”), codified as Chapter 712, Florida Statutes. The Act was intended to simplify title searches by extinguishing old title defects and other recorded issues affecting title to real property after 30 years, except for certain matters (see Section 712.03, Florida Statutes – Exceptions to marketability).

An unanticipated consequence of the Act was that it extinguished the covenants of some planned communities, which suddenly found they had lost their legal authority to collect assessments and enforce the covenants. Since then, the Florida Legislature has amended the statutes to provide both a process to preserve the covenants before they are extinguished by the Act, and a process to reinstate them if they have already been extinguished or have expired.

Applicable Statutes

 

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Revitalizing Expired / Extinguished Homeowner Association Declarations of Covenants

Chapter 720, Part III, Florida Statutes, creates a mechanism to revive / reinstate / revitalize (these terms are all used to mean the same thing) a declaration of covenants that has ceased to govern some or all of the parcels in a subdivision. Briefly, the process includes the following steps:

  1. Parcel owners within a community must create an organizing committee composed of not less than three community members.
  2. The organizing committee must prepare the declaration of covenants and, if necessary, updated governing documents for the homeowners association, which must then be approved by a majority of affected parcel owners.
  3. Next, the committee must send the proposed revived declaration and homeowners association governing documents to the Department of Economic Opportunity (DEO) at the following address:
    • Department of Economic Opportunity
    • Attn: Division of Community Development
    • 107 East Madison Street, MSC 160
    • Tallahassee, Florida 32399-4120
  4. DEO has 60 days to determine whether the documents comply with the requirements of Chapter 720, Part III, Florida Statutes, and issue a letter determination approving or denying the requested revitalization. It is not uncommon for DEO to complete its review and issue a letter approval or denial before the sixtieth day.
  5. If DEO approves the proposed revitalized declaration and homeowners association governing documents, the declaration of covenants, articles of incorporation and bylaws of the homeowners association, the DEO determination letter of approval, and a legal description of each affected parcel must be recorded with the Clerk of the Circuit Court in the county where the affected parcels are located within 30 days after the organizing committee receives DEO’s approval. The articles of incorporation must also be filed with the Department of State if they have not been previously filed. Immediately after recording, the organizing committee must provide copies of the recorded documents to the owners of all affected parcels.

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Limited Role of DEO

As noted above, DEO’s role with regard to homeowners association covenants is limited to deciding whether documents proposing to revitalize expired/extinguished covenants that are submitted to DEO by an organizing committee comply with the requirements in Chapter 720, Part III, Florida Statutes. DEO has no authority to:

  • Extend the duration of homeowners association covenants that have not expired,
  • Deny approval of proposed revitalized covenants because of a dispute between a homeowners association and one or more of its members, including disputes in litigation,
  • Decide whether any of the lots in a subdivision are exempt from revitalized covenants,
  • Regulate homeowners associations,
  • Resolve complaints about homeowners associations, or
  • Provide legal advice.

If you need legal advice in connection with proposed revitalized homeowners association declarations, you may contact The Florida Bar’s Lawyer Referral Service at 1-800-342-8011, Monday through Friday, from 8:00 a.m. to 5:30 p.m. Eastern time, or through its website (The Florida Bar). The Florida Bar can provide you the names of attorneys in your area who may be able to assist you.

 

Frequently Asked Questions

What is Meant by “Verified Copies” and “Affidavits”

Part III of Chapter 720, Florida Statutes, states that “verified copies” and “affidavits” must be submitted to DEO as part of the covenant revitalization process.

Verified Copies

A “verified copy” means that someone has sworn under oath and in the presence of a notary public or other officer legally authorized to administer oaths that the copy is a true and accurate copy of the original document. When verified copies are required, a notarized letter from a member of the organizing committee or an officer of the homeowners’ association may be attached to the copies as verification that they are accurate copies. The letter should say that the person signing it verifies that the documents attached to the letter are accurate (or true and correct, or exact) copies of the original documents. If the documents are not attached to the letter, the letter must identify the specific documents to which it refers. Copies of the association’s governing documents that have been obtained from the official records of the county where the subdivision is located and have been certified as accurate by the Clerk of Court are also acceptable.

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Affidavits

An “affidavit” is a written statement confirmed by the oath or affirmation of the person making it (the affiant), taken before a person having authority to administer such an oath or affirmation. In other words, it is a written statement that is signed and sworn to be true in the presence of a notary public or other official who is legally authorized to administer oaths. It must be signed by the person making it, and be signed by and bear the original stamp or seal of the notary/official.

 

How Do I Obtain Copies of My Homeowners Association Governing Documents and Covenants?

The governing documents for a subdivision and homeowners association consist of the declaration of covenants, the articles of incorporation, and the bylaws. The declaration of covenants for a subdivision is usually recorded in the Official Records of the Clerk of the Circuit Court for the county in which the subdivision is located. Copies of the Articles of Incorporation and bylaws of the homeowners association can be obtained from the Florida Department of State, Division of Corporations. Copies of the governing documents may also be obtained directly from the homeowners association.

 

Does the State of Florida Regulate Homeowners Associations?

No. Homeowners associations are required to comply with applicable Florida Statutes. However, they are not regulated by any state agency.

 

Who Handles Disputes / Complaints about Homeowners Associations?

Under Section 720.311, Florida Statutes, the Department of Business and Professional Regulation offers a dispute resolution program for some types of disputes between a homeowners association and parcel owners.

 

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Escaping The Towering Inferno – Condominium Fire Sprinkler Retrofit and Engineered Life Safety System Requirements

Escaping The Towering Inferno – Condominium Fire Sprinkler Retrofit and Engineered Life Safety System Requirements

  • Posted: Oct 05, 2018
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Escaping The Towering Inferno –

Condominium Fire Sprinkler Retrofit and Engineered Life Safety System Requirements

There appears to be some confusion surrounding the compliance date of the Engineered Life Safety System for those condominium associations that previously voted to opt out of the requirement to install condominium fire sprinkler retrofit. What is not confusing is that the safety of all occupants living in high-rise condominiums is paramount. No one wants to be responsible for death or injury caused by an incident that can be minimized with necessary precautions. How should the board of directors of a “high-rise” condominium balance the needs for fire safety against the considerable expense incurred in the implementation and installation of fire safety systems?

A high-rise building is a building where an occupiable floor is greater than seventy-five feet (75’) above the lowest level of fire department vehicle access. Pursuant to Florida law, condominiums that are considered high-rise buildings are required to have, or otherwise install, a fire sprinkler system, unless the condominium association had previously opted out, or is otherwise exempt, as further addressed below, by following the proper statutory protocol for which the deadline to do so has long since passed. However, for those high-rise condominiums that did successfully opt out, the association is still responsible for the installation of an Engineered Life Safety System (the “ELSS”).

A caveat, and for some condominium associations, a blessing, is that the fire sprinkler system (or ELSS) is not required if every unit in the condominium has exterior walkway access. Therefore, if the only access into the condominium unit is through an interior hallway, the condominium association would need to install a fire sprinkler system (or have already opted out and thereby need to comply with the requirements of the ELSS).

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Section 718.112(2)(l), Florida Statutes, is quite clear on the requirements to install a fire sprinkler system, but the statute does not address the condominium association’s requirements for the implementation of the ELSS – that comes from the Florida Fire Prevention Code (the “FFPC”). The FFPC defines an ELSS as a system which contains any or all of the following systems:

1) partial automatic sprinkler protection,

2) smoke detection alarms,

3) smoke control,

4) compartmentation, and/or

5) other approved lifesaving systems.

An ELSS must be developed by a registered professional engineer experienced in fire and life safety system design and authorized by the local compliance authority. Typical examples of ELSS within a high-rise condominium building could be a partial fire sprinkler system that serves the common areas, fire and smoke alarms that are in compliance with the local fire authority standards, and fire proof walls, floors and corridors designed to prevent the flow of the fire and smoke throughout the condominium building.

As to any high-rise building required to install the automatic fire sprinkler system that did not opt out, the FFPC requires that any condominium that meets the definition of a high-rise building, must, by December 31, 2019, have installed the automatic fire sprinkler system. As to those who opted out, the exact date for ELSS compliance is anything but clear. The Condominium Act does not provide a date, and while the FFPC provides a clear deadline for the installation of the automatic fire sprinkler system, the FFPC does not patently provide a similar date for the installation of the ELSS. Some lawyers and fire safety professionals take the position that, because the ELSS is a substitute for the automatic fire sprinkler system, December 31, 2019 is, therefore, the ELSS compliance date. However, others may take the position that the lack of patent clarity in the FFPC means no deadline is provided.

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Whether the local fire safety authorities will actually interpret and enforce the Florida Fire Prevention Code to require an ELSS approved plan, or ELSS completed installation by December 31, 2019 or even still, take the position that no ELSS deadline is provided at all is anyone’s guess. The answers might even vary by jurisdiction. What is clear is that:

  • The Florida legislature needs to address the ELSS compliance deadline to provide clarity for the betterment and safety of all of Florida’s high-rise communities; and
  • Any board member of a high-rise condominium association with questions regarding any of the issues addressed herein needs to consult with both their association’s legal counsel and with the local fire safety officials with jurisdiction for enforcement of the ELSS.

Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. He is a regular columnist for The Condo News, a biweekly publication and Legal Writer for Florida Rising Magazine, was inducted into the 2012, 2013 & 2014 Florida Super Lawyers. He can be reached at 561-241-4462.

Re Published with Permission: JR / KBR Legal

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