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New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

  • Posted: Jun 22, 2020
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Florida’s Department of Business and Professional Regulation Issues New Guidelines for Community Associations

Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

 

Board members and property managers of condominium communities need to be aware that the State of Florida’s Department of Business and Professional Regulation issued revisions to rules pertaining to violations and penalties, 61B-21, Condominium Resolution Guidelines for Unit Owner Controlled Associations,

The disciplinary guidelines detail minor violations and penalty guidelines within Chapter 718, F.S.  If a violation is deemed minor, the division will send a Notice of Noncompliance to the association. A community association’s failure to timely comply with the Notice of Noncompliance may result in sanctions, including civil monetary damages and enforcement. For the violations not deemed minor by the division, there is no longer a notice/warning requirement and, if found guilty of the violation, the Association may be fined pursuant to the new standards in the rule.   Rulemaking Authority 120.695, 718.501(1)(d)6., (f) FS. Law Implemented 718.501(1)(d)6. FS. History–New 6-4-98, Amended 10-23-18. 

 These disciplinary guidelines were enacted to inform affected parties about the range of penalties which may be imposed for violations, pursuant to subsection 61B-21.003 detailing penalty guidelines in the following categories: Accounting Records, Assessing, Board, Budgets, Commingle, Common Expenses, Conflict of Interest, Converter Reserves, Debit Card, Elections, Estoppel Certificate, Final Order, Fiduciary Duty, Investigation, Property, Records, Reporting, Reserves, Special Assessment and Website.

 

“It is important for community associations and the governing boards to understand the consequences and potential monetary ramifications they will face if they do not abide by these new guidelines,” said Frank J Mari, Director of State of Florida Property Management Association. “Ignoring or not fully compiling with the Florida Department of Business and Professional Regulation’s rules, as well as Chapter 718, Florida Statutes, in a timely manner can have a detrimental effect on an association’s financial standing.”

If an association fails to comply with a Notice of Noncompliance, a civil penalty will be imposed between $5 and $10, per unit, for each minor violation. The penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any aggravating or accepted mitigating circumstances. The minimum total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater. In no event shall a penalty for a minor violation exceed $2,500, the statutory maximum for a single minor violation. For all other violations (those not deemed to be minor), the penalty imposed is between $10-$30 per unit for each violation and the statutory maximum is $5,000.00. For both types of violations, multiple counts of the violated provision or a combination of the listed violations are added together to determine an overall total penalty.

 

SFPMA – State of Florida Property Management Association is an Organization in Florida that Advocates Educates for Members in the Condo, HOA and Property Management Industry. On behalf of our Industry Members our goal is to keep the industry informed and Provide information for their protection. We have on our Website sfpma.com resources where Board Members, Property Managers can Learn, Network, Engage and Find Top Companies that work in the industry – Search for companies on our Members Directory

Legal Sponsors: KBRLegal.com – Pompano Beach and Palm Beach offices. are the Legal Sponsors for our Association we value the important information and articles they provide for our industry.

 

 

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WEBINAR: GUEST RESTRICTIONS AND SCREENING by Kaye Bender Rembaum Today at 1pm Register Now..

WEBINAR: GUEST RESTRICTIONS AND SCREENING by Kaye Bender Rembaum Today at 1pm Register Now..

  • Posted: Jun 16, 2020
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WEBINAR: GUEST RESTRICTIONS AND SCREENING by Kaye Bender Rembaum

by KBRLegal.com

Date/Time
Date(s) – 2020-06-16
1:00 pm – 2:00 pm

Location
Pompano Beach Office

Course #: 9630142 | Provider #: 0005092  |  1 CE Credit in HR or ELEOne registrant per form will be accepted.
Limited to the first 100 to register

REGISTER HERE

Online bookings are not available for this event.

 

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Stay Ahead of the Curve: Lessons in Technology Learned from Covid-19 by Jeffrey Rembaum, Esq. Kaye Bender Rembaum

Stay Ahead of the Curve: Lessons in Technology Learned from Covid-19 by Jeffrey Rembaum, Esq. Kaye Bender Rembaum

  • Posted: Jun 04, 2020
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Stay Ahead of the Curve:  Lessons in Technology Learned from Covid-19

by Jeffrey Rembaum, Esq.   Kaye Bender Rembaum

 

The statutory emergency powers granted to community associations as a result of the Covid-19 State of Emergency proved to be a valuable resource for the orderly operations of Florida’s community associations. Many associations had to make significant changes to how they conducted the business of their association. For example, holding board meetings via “Zoom” and “GotoWebinar” became invaluable. But, when the State of Emergency is over can annual meetings and board meetings continue to take place on the internet? Sure they can, subject to the important considerations explained below. In addition, what other technologies can be utilized by the board?

 

 In fact, at the present time there are three statutory grants of technology that an association can utilize to make conducting the business of the association easier on a regular basis. They include, holding meetings electronically, voting electronically, and using email as an official means of communication to the members rather than the U.S. Postal Service. Electronic board meetings allow the board to continue conducting the business of the association without putting themselves or others in harm’s way. But even more than that, by attending electronically think of all of the gas that is saved since no one has to drive to the meeting. More than that, think of the extra time spent not driving or walking to the meeting and how it could be used as family quality time or just to relax.

 

However, if the board chooses to use video conferencing, it is important to remember that the board must comply with the statutory provisions regarding board meetings. The members must receive notice of the meeting pursuant to the bylaws of the association, and in any event, at least 48 hours in advance of the meeting. Additionally, condominium association members must have the right to speak to all designated agenda items and HOA members also get the additional right to speak on any item discussed by the board (this is because from a strict statutory interpretation condominium association boards are only supposed to address what is set out on the agenda, while such restriction does not apply to HOA boards). Remember, there is no exception to the meeting notice requirements and the need to provide opportunity for member comment. Therefore, any video conferencing software the board utilizes must allow members to virtually attend the meeting and have the opportunity to speak.

 

The second technology that associations can utilize to make life easier is electronic voting. Florida law allows condominiums, homeowners associations, and cooperatives to conduct elections and other owner votes electronically. When an association board adopts electronic voting, each member of the association must opt in, in writing, and can then vote safely from the comfort of their own home. Imagine all of the time saved by punching a computer button to get the tally, rather than counting by hand, in some instances over 1,000 votes!

 

To adopt electronic voting, the Board must first adopt a resolution authorizing an online voting system. The board resolution must provide that members will receive notice of the opportunity to vote online and must establish reasonable procedures and deadlines for members to consent, in writing, to online voting, and procedures for members to opt out of online voting. Once the board has approved electronic voting, the board must select an online voting system that complies with the requirements of Florida law. The online voting system must be able to do the following: (1) authenticate the owner’s identity, (2) authenticate the validity of each electronic vote to ensure that the vote is not changed during transmission, (3) transmit a receipt to each owner who casts an electronic vote, (4) be able to separate any authentication or identifying information from the ballot when voting must be done by secret ballot, and (5) be able to store and keep electronic votes accessible for recount, inspection, and review purposes.

 

Please take note that the board cannot force owners to vote electronically. Thus, a necessary step is to obtain each member’s written consent to participate in electronic voting. If an owner does not consent or opts out of electronic voting, then the board must allow that owner to paper vote.

 

The third technology an association can utilize which saves money, paper and time, is using electronic notices for official association communications. In other words, give up postage stamps in favor of using e-mail. Generally, associations are required to send official notices via mail or hand delivery. However, the association may choose to send notice via e-mail but only if an owner has provided their written consent to receive their notices electronically.

 

E-mails used for official association communications can only be sent to those owners who consent, in writing, to receive their official notices by electronic transmission. The written consent must specifically authorize the association to transmit notice electronically. An owner who has consented to electronic notice may opt out at any time. The association must retain a roster of the e-mail addresses and the written consents of owners as an official record of the association. The member is responsible to ensure the association’s emails are not blocked or categorized as spam. Failure to receive an email due to a member’s inability to receive the email will not be a valid reason for objecting. Budget adoption notices, annual meeting notices, election notices, board meeting notices and so much more can be provided via email.

 

  Over the last several months, many associations have had to learn how to utilize technology to conduct the business of their association during the Covid-19 pandemic. Some have done so correctly and likely others have not. Thus, in utilizing any of the technology discussed in this article, an important step is to consult with your association’s attorney to ensure proper compliance with all the statutory requirements. Let us also turn a negative into a positive by continuing to use technology to assist the association with smooth operation. Who knows, perhaps one day, there will be a way for members to virtually enjoy the amenities, too. Until then, you’ll find me at the pool deck.

 

 

Jeffrey Rembaum’s, Esq.

legal practice consists of representation of condominium, homeowners, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of “Rembaum’s Association Roundup,” an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list, and was also named Legal Elite by Florida Trends Magazine.

He can be reached at 561-241-4462.

 

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Upcoming Events for the week of May 18

Upcoming Events for the week of May 18

  • Posted: May 21, 2020
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Upcoming Events for the week of May 18-23

You can View the events on our Calendar

 

ASSOCIATION CONTINUITY and OTHER COVID-19 CONCERNS: Episode3

Thursday May 21, 2020
12 Noon – 1:00pm
Castle Group’s Craig Vaughan and Attorneys Michael Bender & Jeffrey Rembaum bring you this event.

 

 

 

BOARD CERTIFICATION FOR CONDOMINIUMS, COOPERATIVES AND HOMEOWNERS’ ASSOCIATIONS

May 21 @ 12:00 pm – 2:00 pm
Learn the basics of Fiduciary duty, financial reporting and budget preparation, meetings and meeting notices, elections, fraud prevention, and much more! Enjoy a fun class while at the same time fulfilling the State’s Board Member certification requirements.
Provider: 0007237 Course: 9626870
Instructor: William and Susan Raphan / Katzman Chandler

 

Condo Craze & HOAs HOSTED BY – ERIC M. GLAZER, ESQUIRE

SUNDAYS AT 11:00 a.m. ON 850 WFTL

May 24 @ 11:00 am – 12:00 pm

 

Become a Licensed Property Manager

Online Courses for Licensing can be completed while your at home.

This might be a great time to Take your online Testing and become a CAM

CAM License Courses and Board Members Certification in Florida

 

 

ProLicense Florida CAM LICENSE COURSE 

ProLicense Florida Pre – CAM LICENSE COURSE

ProLicense Florida Continuing Education

 

Florida CAM Courses – BECOME A PROPERTY MANAGER (CAM)

Florida CAM Courses – ONLINE STATE COURSES Pre Licensing

Florida CAM Courses – ONLINE STATE COURSES Continuing CAM Education

 

Florida Cam Schools Licensing

Florida Cam Schools Pre Licensing

Florida Cam Schools Continuing Education

 

 

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From One Disaster to the Next / Hurricane Season Starts June 1

From One Disaster to the Next / Hurricane Season Starts June 1

  • Posted: May 09, 2020
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From One Disaster to the Next

Hurricane Season Starts June 1

 

    If the effects of the Covid-19 virus were not enough, June 1st begins Florida’s unenviable hurricane season. Never has it been more important to board members and managers to understand the emergency powers approved by the legislature and codified into Florida Statutes in Chapters 718, 719 and 720 for use during a declared “state of emergency.”  Many associations have already utilized these powers in their efforts to curb the Covid-19 virus from spreading.  If you are not yet familiar with these powers, well, you need to become learned before disaster strikes.
    The statutorily required pre-requisite to utilizing the legislative emergency powers is that the Governor of the State of Florida has declared a “state of emergency”.  Importantly, when exercising emergency powers, there should be a rational relationship between the action undertaken and the disaster itself.  For example, an emergency special assessment needed to fix the condominium roof damaged by a hurricane during a state of emergency makes good sense. However, just because there was a hurricane and a state of emergency declared, does not mean the emergency powers can be used to levy a special assessment to build a new gazebo, most especially when there was never a gazebo before.
  The Covid-19 situation illustrates to many seasoned community association lawyers that the emergency powers granted by the legislature were drafted for use in response to, and in preparation for, natural disasters. More specifically, “in response to damage caused by an event for which a state of emergency is declared.”  Suffice it to say, use of the emergency powers to help contain a virus epidemic was likely not contemplated. Nevertheless, circumstances warranted that the emergency powers be utilized during the Covid-19 crisis for which a state of emergency was indeed declared. Likely, as a result of the Covid-19 virus, the community association emergency powers granted by the Florida legislature will be tweaked by the legislature in its next session to provide for better applicability to an ever-evolving world where states of disaster are not limited to weather events alone.
    The specific emergency powers legislation can be found in section 718.1265 Florida Statutes for condominium associations, section 720.316 Florida Statutes for homeowners’ associations and section 719.128 Florida Statutes for cooperative associations.  While each are very similar, there are a few subtle differences that go beyond the scope of this article.  Also, it should be noted that an association can amend its governing documents to prohibit a board member’s use of the statutory emergency powers.  Perhaps, one justifiable reason to do so would be if the membership approves its own version of emergency powers which most obviously should be discussed with the association’s legal counsel before considering to do so.
    A few of the emergency powers that are common to all of Florida’s community associations, unless otherwise provided, include:
  1. Conduct board meetings and membership meetings with notice given as is practicable under the circumstances.
  2. Cancel and reschedule any association meeting.
  3. Name as ‘assistant officers’ persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.
  4. Relocate the association’s principal office or designate alternative principal offices.
  5. Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.
  6. Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners.
  7. Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
  8. Require the evacuation in the event of a mandatory evacuation order.
  9. Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the property can be safely inhabited or occupied.
  10. As to condominiums, mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.
  11. As to condominiums, contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116 to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.
  12. As to homeowners’ associations,  mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the association property.
  13. Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.
  14. Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient.

These emergency powers are limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the owners and the owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.

 

Please be sure to review the legislation that is specifically applicable to your type of association, be it a condominium, cooperative or homeowners’ association, as the above powers were presented for purposes of this article.

Prior to taking any action, consultation with the association’s attorney is an absolute must as this article is intended to provide useful information for consideration and not specific legal advice.  Stay safe!

(Reprinted with permission from the May 2020 edition of the Florida Community Association Journal and as written by attorney Jeffrey Rembaum)

 

 

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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

  • Posted: May 06, 2020
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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

by Kaye Bender Rembaum

In response to our article below, we have received inquiries from readers  regarding the ability of an  association located in Palm Beach County to use volunteers to provide the pool  monitoring as required by Palm  Beach County Emergency Order Number 5.

In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.

 

 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 

In addition, based upon an April 28, 2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.

 

With that in mind,  if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration: 

 

1) If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.

2) Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?

3) Does the association have insurance coverage in place to cover acts of volunteers?

4) Does the association have volunteer workers comp type coverage in place?

 

Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools.  The following links are provided for your reference:

Palm Beach County Emergency Order Number 5

The Palm Beach County Website April 28 posting related to volunteers  

Remember to also discuss the re-opening plan with your association’s legal counsel. 

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

 

 

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Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

  • Posted: May 04, 2020
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Re-opening Amenities In Times Of Uncertainty pt. 1

by Kaye Bender Rembaum

The re-opening of amenities is anything but easy due to the local Orders being promulgated by Palm Beach, Broward and Miami-Dade Counties. Please be sure to review your County’s specific order(s) to ensure your association remains in compliance. These Orders have similarities but are also VERY different.

A link to the recent re-opening Orders follows:

–Palm Beach County, Emergency Order Number 5

–Broward County, Emergency Order 20-08

–Miami-Dade County, Emergency Order 21020

 

As to the Palm Beach County Order, take note that that staff and management are responsible to ensure compliance with the Order with respect to the tennis/racquet court facilities, and that one or more facility staff or management must be present at the pool to monitor and “ensure compliance with the restrictions of the Order.” However, it is not at all clear what measures must be taken to “ensure compliance with this Order.” We do not think it would be sufficient to only post a sign setting forth the CDC Guidelines and the additional restrictions in the Order. Although the tennis/racquet court facilities guidelines, unlike the community pool guidelines, do not require personnel to be present at the tennis/racquet courts to monitor and ensure compliance, in our opinion the board should consider some type of responsible monitoring.

 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 

With respect to a swimming pool in Palm Beach County, “facility staff or management” must be present at the pool whenever it is open to monitor and ensure compliance with the restrictions set out in the Order, including social distancing and pool bathroom sanitation. If that cannot be accomplished, then the pool and or bathrooms should remain closed.

 

When opening a swimming pool in Broward County, their Order provides that the pool may not operate at more than 50% capacity. In person supervision in addition to sanitizing gates, railings and showers is required if the pool deck furnishings are left in place. However, by removing the furnishings, the wording of the Order seems to indicate the need to sanitize gates, railings and showers has been eliminated.  If the decision by the Board is to reopen the pool, whether the furnishings remain or are removed a level of reasonable cleaning/sanitizing should be maintained, as necessary maintenance remains a continuing obligation of the association with regard to common elements/areas, which would require sanitizing the pool gates, handrails, doors, bathrooms and the like minimally as the association normally would,  but clearly should be performed more frequently during these times.

 

Residents of Miami-Dade County will have to wait a while longer to be able to use their association swimming pool because their Order does not yet address opening association swimming pools.

 

We have heard that certain county staff are giving their personal interpretations of the Order(s) in response to questions from board members. If you think that relying on these unofficial and unauthorized interpretations will shield your association from immunity, think again! It is far more likely that staff interpretations of the County Orders will not provide any protection whatsoever, most especially if a resident contracts Covid-19 and a lawsuit is brought against the association. Until local governments revise their Orders to provide missing clarity, the plain language, conservative interpretation of these Orders should be followed to help ensure your association is protected as much as possible under the circumstances. Remember, too, that an association can have stricter requirements than those set out in the orders, but cannot adopt less strict requirements.

 

It is also unclear from the Orders how governmental enforcement of the restrictions is to occur by the County or any municipality, as it seems very (very) unlikely that there will be patrols driving around to check on compliance. Even if such patrols did exist, they could not hope to keep up. The more likely scenario is that the self-reporting of violations could possibly lead to monetary or other penalties against the association. Clearly, if the Board is of the opinion that the requirements in their County’s Order cannot be met at this time, it or are removed is certainly within the reasonable business judgment of the Board to keep those amenities closed. However, that said, reasonable business judgment should not be used by a board to make a decision to open amenities where the board believes it lacks the ability to be fully compliant with their county’s local Orders.

 

 

We encourage board members to contact their association’s legal counsel for guidance regarding reopening any tennis/racquet courts and/or pool facility, and to continue to monitor the guidelines, directives and orders issued by the CDC and the applicable local authorities. Stay safe.

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

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How the Coronavirus Can Affect Your Insurance Claim By Bobby Parsons / Cohen Law Group

How the Coronavirus Can Affect Your Insurance Claim By Bobby Parsons / Cohen Law Group

  • Posted: Apr 28, 2020
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How the Coronavirus Can Affect Your Insurance Claim

By Bobby Parsons / Cohen Law Group

 

As the Coronavirus continues to spread throughout the globe, many industries will experience closures and slowdowns, as well as implement various protocols limiting their productivity. For instance, the Florida court system has already issued an administrative order limiting court appearances that would require the gathering of a substantial number of people in an effort to curtail further spreading of the virus. The extent of such protocols being put in place during the near-term future remains unclear, but it is safe to assume, the business interruptions we have seen thus far are only the beginning until a vaccine is developed, or the virus runs its natural course.

Many offices are closing their doors for the foreseeable future and requesting employees to work from home. The most recent recommendations from the authorities include a moratorium on gatherings of ten people or more, down from fifty only a few days ago. The spreading of the virus, and the associated efforts to curtail its spread, will certainly impact all aspects of our lives, and suffering a loss to your home or property would only serve to make an impossible situation worse.

Insurance companies are very large, with vast amounts of employees. Should you suffer a loss to your property, an insurance company will likely be ill-equipped at this time to properly adjust your claim due to limitations on its productivity like those discussed above. Normally, an insurance company must conclude its investigation of your claim within ninety days. However, this rule is subject to a provision that allows insurance companies to exceed this timeline during exigent circumstances, like the one we are all dealing with today. What this means, is that your claim could get stuck in limbo while the global issue of the coronavirus runs its course. Scheduling inspections, hiring contractors, gathering documents from your insurance agent, and other steps ordinarily conducted during an insurance company’s investigation into a claim will take much longer than usual.

Given the uncertain nature of the near-term future regarding the ability to properly address your insurance claim, what is a property owner to do should it experience a loss? The most important thing to do in a time like this, is to protect the property from further damage and stabilize it. This could be something as simple as placing a tarp on the roof after suffering a leak. Even though the carrier is likely going to take quite some time to investigate the loss, this does not absolve a property owner of its responsibility to protect the property from further damage. Likewise, a property owner must also preserve the property to the best of its ability for inspection by the insurance company at a later date. Literally maintaining possession of damaged property may be a virtual impossibility due to contaminants or some other risk. However, should this occur, property owners should document such property thoroughly, and consider storing the damaged property with a third party better-equipped to handle such property. As the spread of the coronavirus continues to wreak havoc, it is important to know that an insurance company’s investigation into a property claim is likely to take much longer than normal, and it is equally important to understand how a property owner needs to adapt to the drawn out process.

 

If you have any questions regarding this, you can call our office 24 hours a day at 407-917-3192.

Robert "Bobby" Parsons, Esq.

Robert “Bobby” Parsons, Esq.

Learn more about Bobby here!

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HonestESA INITIATIVE STARTS NOW!

HonestESA INITIATIVE STARTS NOW!

  • Posted: Feb 04, 2020
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HonestESA INITIATIVE STARTS NOW!

As previously reported by CALL, two bills are making their way through committee in the Florida House and Senate. House Bill 209, sponsored by Representative Killebrew and Senate Bill 1084 sponsored by Senator Diaz, aim to protect disabled Floridians and curb some abuses related to emotional support animals (“ESAs”). Growing frustration over perceived illegitimate ESA requests unites Florida community associations. Fraudulent ESA requests harm not only community associations by forcing them to spend limited resources and precious time evaluating sometimes blatantly fraudulent documentation but also harm persons with a legitimate disability-related need for an ESA. Click here to read the bills.
 
 
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A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

  • Posted: Feb 03, 2020
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Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

By Eric Glazer, Esq. 

Published February 3, 2020

Two weeks ago, I wrote to you about House Bill 623 that is making its way through The Florida Legislature.  Another change to the law currently included in the bill is the following language:

718.112 Bylaws.—

(1) GENERALLY.—

(c) Any provision of the declaration, the association bylaws, or reasonable rules or regulations of the association which diminish or infringe upon any right protected under the Fourteenth Amendment to the United States Constitution or Art. I of the State Constitution is void and unenforceable without further action of the association. The association may record a notice in the public records of the county in which the condominium is located evidencing its intention to not enforce such provision. The failure of the association to record a notice in the public record may not be the basis for liability or evidence of discrimination or a discriminatory intention.

To simplify, the 14th Amendment made The Bill of Rights (The first ten amendments to the Constitution) applicable to the states.  So this law basically says no provision of your governing documents can infringe upon the rights you have under the Bill of Rights.  All of you know several of these rights such as the right to free speech, freedom of assembly, and freedom of religion.

There is plenty of law out there that says when you move into an association, you may give up some of the rights you may ordinarily have in your private home. You do this by agreeing to be bound by the governing documents.   For example, courts have upheld the rights of Florida associations to prevent the use of the common elements for religious purposes, allowed associations to impose reasonable restrictions on speech through time limitations at meetings, impose restrictions on placement of political signs on the property or even placement of religious symbols in excess of certain sizes on your windows and doors.

The adoption of this proposed amendment by The Florida Legislature may throw all of these restrictions into doubt, including another one I haven’t mentioned yet.  The Second Amendment is the right to bear arms.  Inasmuch as Florida law allows associations to prohibit alcohol use on the common elements and prohibit religious ceremonies on the common elements I always opined that the association had the right to ban weapons on the common elements via a rule. If this proposed amendment passes, no way would an association be allowed to ban guns from the common areas.

I have serious concerns that if this amendment passes, associations will potentially be embroiled in case after case, where the association attempted to impose all of the reasonable restrictions mentioned above, and unit owners taking the position that the association is prohibited from doing so because it violates their constitutional rights.  Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

If you are a believer that associations are notorious for not providing their owners with rights guaranteed by the U.S. Constitution, this new proposed law may not bother you.  If on the other hand you believe that the association should still be able to impose reasonable restrictions in order for all of us to live in harmony with each other, this new law should bother you.  A LOT.

 

 

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