It is not uncommon for boards to try to keep assessments down especially during times like COVID-19. One way that a board can accomplish the “appearance” of keeping assessments down while still covering the day-to-day expenses is to waive or underfund the reserves. At the time, waiving or underfunding reserves may not seem like a […]
Tags Assessments, Associations, Condo, Florida, HOA, Raphael Law, Reserves
It is widely anticipated that beginning September 8, 2020, Palm Beach County will move to incremental phase 2 re-opening. We have had a flood of questions from property managers and board members, and are happy to address as many concerns as we are able to with the information we have available. There has not yet […]
Tags Condo, coronavirus, County, Covid-19, Florida, HOA, Palm Beach, PBC, Phase 2, Re-opening, Rosenbaum
Maintaining and contributing to Reserve funds is specifically designated within the Florida Statutes as a means of planning and preparing financially for maintenance, repair, and replacement of common area assets in a community association. Separate from an association’s Operating account, Reserve accounts are to be used for specific types of expenses, and not co-mingled with […]
Tags Association, Association Reserves, CEU, Condo, Florida, Funding, HOA, Reserve, Reserve Study, Will Simons
Rembaum’s Association Roundup As a result of the unexpected COVID-19 crisis and its ramifications on Florida’s community associations, there are lessons that can be learned. Early on, an unexpected issue many community associations faced was whether the board could rely on the emergency powers set out in the Florida Statutes to help protect both residents […]
Tags Association, Co-op, Condo, Covid-19, emergency powers, Florida, HOA, Rembaum Association Roundup
If your community claims to be “housing for older persons” under federal and state law, then effective July 1, 2020, the Florida Legislature has eliminated from Florida’s “Fair Housing Act” (§760.29(2)), the requirement for your community to register with the Florida Commission on Human Relations. In addition, community associations that qualify as “housing for older […]
Tags 55+, Commission on Human Relations, Communities, Condo, fair housing act, Florida, HOA, Legislature, Rosenbaum
Finally, the Florida legislature passed a bill regulating the out of control problem of Emotional Support Animals in Florida’s community associations. SB 1084 was signed into law by Governor DeSantis on July 1, 2020, and takes effect immediately. The new law provides for the following (a copy of SB 1084 can be found here): 1. […]
Tags Condominium, Emotional Support Animals, fair housing act, Florida, Gerstin & Associates, HOA, Legislature
Is your community association considering the transition from self-managed to professionally managed? Since the main responsibility of the Board of Directors is management of their community, this is an important decision to make. There are many advantages to hiring a professional management company to oversee the operations of your Association. Additionally, there are also various […]
Tags Association, Condo, Florida, Hiring, HOA, Professional Management, Self-managed, Transition
Rembaum’s Association Roundup Below you will find face covering requirements for Palm Beach, Broward, Miami-Dade, Hillsborough, Pinellas, Pasco and Manatee Counties. In addition, the cities of Hallandale and Aventura are discussed. Where appropriate, face covering requirements for those living in condominiums and homeowners’ associations are discussed as well. A recall was issued for a certain […]
Tags Broward, broward county face masks, Condominium, coronavirus, County, COVID-19 Florida, Facial Coverings, Florida, HOA, Masks, miami dade face masks, Miami-Dade, Palm Beach, palm beach county face masks, Rembaum Association Roundup
Broward County issued Emergency Order 20-10 on Thursday, May 14, 2020, providing for a phased reopening of business activity, beginning on Monday, May 18, with restrictions in accordance with a modified Phase 1 of Governor Ron DeSantis’ statewide reopening plan. Broward’s beaches will remain closed. The primary impact on community associations is on page 8: Section 8. […]
Tags 20-10, Amenities, Association, Broward County, Condo, Covid-19, Emergency Order, Exercise Area, Florida, Gym, HOA
The U.S. Congress will soon consider legislation in response to the COVID-19 pandemic which may include a national moratorium on debt collection. Summary of Proposed Bill: The proposed Bill expands the definition of “debt collector” to include creditors like community associations. Prohibits debt collection activities while President Trump’s COVID-19 national emergency declaration is effective. Includes […]
Tags Association, Bill, Condo, Congress, Covid-19, Debt Collection, Florida, HOA, Moratorium, national debt collection moratorium, U.S. Congress, Urgent