October 2018 Newsletter

V O L . 7 2 • O C T O B E R
2 0 1 8 • W W W . B R O W A R D C O A L I T I O N . O R G
SOUTH FLORIDA'S PREMIER
COMMUNITY ASSOCIATION
LIFESTYLE PUBLICATION
C O N N E C T I O N
OUR NEXT MEETING
OCTOBER 12, 2018 @ 11:00 AM
SUNRISE LAKES PHASE 4 | CLUBHOUSE
10102 SUNRISE LAKES BLVD
SUNRISE, FL 33322
RSVP BY OCTOBER 05, 2018
MARYMACFIE333@GMAIL.COM
OR BY PHONE 954-336-3335
What's Inside.
National Breast and Cervical
Cancer Early Detection Program
(NBCCEDP)
Use of Consumer Reports in
Determining Approval For Sales
and Leases – Is your Association
in Compliance?
Fair Housing Discrimination Suit
Against Condo Association
Offers Cautionary Tale on
Overzealous Occupancy
Restrictions
October Meeting
Hosted by: EnolGas USA, Inc.
Meeting Topic:
The Water Security System
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The WATER SECURITY SYSTEM (WSS)
is a smart system is specifically designed
to protect high-rise residential
buildings from water damage.
Each system is customized to
meet the needs of the building.
The WATER SECURITY SYSTEM will provide the following benefits:
• A Lifetime of Technical Support
• Outstanding service before, during and after the installation is complete.
• It is not necessary to place sensors all over an apartment or in breaks in the walls to detect
leaks because the Water Security System monitors the flow of water from the main water
supply to the apartment and will detect leaks without the need for sensors.
• Built in Water Meter provides the ability to measure the water usage for each apartment and
create monthly bills by apartment for water usage at the touch the touch of a button.
• Water Conservation is achieved by being able to monitor the water usage by apartment, detect
hidden leaks & leaky toilet flappers and to promote an awareness of the system throughout the
building.
• Property Manager Dashboard which is designed to monitor the water usage for each apartment.
• Battery Life indicated on the Property Manager Dashboard with notification when the batteries
need to be changed. Life span is about 2 years and they are standard triple-A (“AAA”) batteries.
• Automatic Shut-off Valve with Water Meter which monitors the flow of water into each
apartment and will automatically shut off the domestic water in the event there is a leak.
• Cloud-Storage of Water Usage Data with the ability to provide monthly water bills by
apartment at the touch of a button
• Leak Warning and Drip Warning Notifications by text and email
• 5 Year Warranty on the Entire System. This can be extended to 8 years with the use of the
cloud for data storage.
• Unlimited number of sensors per apartment
• Communication through WIFI Signal or the Mesh Network. We will customize the system to
meet the needs of your building.
• 0% Financing.
GET A FREE SURVEY FOR YOUR WATER SECURITY SYSTEM
754-205-7902 (Office) • 954-687-5252 (Cellular) 2 • www.watersecuritysystem.com

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561-693-3160
www.citiquiethurricanewindows.com
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National Breast and Cervical Cancer
Early Detection Program (NBCCEDP)
By: CDC – Division of Cancer Prevention & Control
What Services Does the NBCCEDP Provide?
Local NBCCEDP programs offer the following services for eligible women—
• Clinical breast examinations.
• Mammograms.
• Pap tests.
• Pelvic examinations.
• Human papillomavirus (HPV) tests.
• Diagnostic testing if results are abnormal.
• Referrals to treatment.
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Who Should Get Breast and Cervical Cancer Screenings?
All women are at risk for breast and cervical cancer, but regular screenings
can prevent these diseases or find them early. The U.S. Preventive Services
Task Force has established the following guidelines for screening, but
you should talk with your health care provider how often you should get
screened.
• Breast cancer: Women between 50 and 74 years old should get a mammogram
every two years. Those under 50 should talk with their provider
about when they should be screened.
• Cervical cancer: Women should get their first Pap test at age 21 and
continue screening until age 65.
Are You Eligible for Free or Low-Cost Screenings?
You may be eligible for free or low-cost screenings if you meet these
qualifications—
• You are between 40 and 64 years of age for breast cancer screening.
• You are between 21 and 64 years of age for cervical cancer screening.
• You have no insurance, or your insurance does not cover screening exams.
• Your yearly income is at or below 250% of the federal poverty level.
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CDC’s National Breast and Cervical Cancer Early Detection Program
(NBCCEDP) provides breast and cervical cancer screenings and diagnostic
services to low-income, uninsured, and underinsured women across the
United States.
Breast and Cervical Cancer Early Detection Program
Bureau of Chronic Disease Prevention
Florida Department of Health
4052 Bald Cypress Way, Bin #A-18
Tallahassee, FL 32399-1744
1 (800) 227-2345 • (850) 245-4444
Fax: (850) 414-6625
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Use of Consumer Reports in Determining Approval For Sales and Leases
– Is your Association in Compliance?
By: Jeffrey A. Rembaum, Esq
Community associations have an interest in the safety and integrity
of their communities. Generally speaking, boards of community associations
would like to be reasonably certain that potential owners, renters and
other occupants have the financial capability to meet their financial
obligations. Also of concern are potential purchasers’ and tenants’ criminal
backgrounds, if any, so as to avoid endangering the overall safety and
welfare of the community.
To address these concerns, many associations have purchaser and
tenant approval procedures set out in their governing documents, usually
the declaration, which often authorize the association to obtain “consumer
information reports” on all applicants as part of the screening process.
This leads to the question of when and how a community association
can utilize a background check that includes both a credit report and
criminal history.
The first step is to determine if the governing documents provide
for the approval process. The second step is to ensure there is meaningful
criteria by which to evaluate the results of the consumer information
report. The consumer information report (a/k/a the background check)
is typically compiled by a consumer reporting agency or company, which
is engaged in the business of gathering credit scores, reports on previous
rental history, criminal background information, employer history, and
verification of income amongst other information. The consumer information
report cannot be used for any other purpose other than for the
determination of approval. Importantly, it cannot be used in a discriminatory
manner to reject housing based on race, color, religion, national
origin, sex, disability, or familial status.
If the community association makes an unfavorable determination
on the applicant’s status based on information contained in the consumer
report, then the association MUST provide certain information to the
applicant pursuant to the terms of the Federal Fair Credit Reporting Act.
1. The association must provide the applicant verbal or written notice
that the applicant was denied based on the information supplied in the
consumer report.
2. The verbal or written notice of adverse determination must include:
a) the name, address, and phone number of
the consumer reporting company that supplied the report,
b) a statement that the company that supplied the report did not
make the decision for the unfavorable action and cannot give reasons for
the denial;
c) a notice of the applicant’s right to dispute the accuracy and
completeness of the information in the credit report and that the applicant
may request a free report from the credit reporting company within 60
days.
For the protection of the association, this notification should always
be done in writing so as to provide proof positive of compliance with
the Fair Credit Reporting Act. Additionally, there are local Broward
and Miami-Dade County Ordinances requiring that a written notice be
mailed to the rejected applicant which provides with some degree of
specificity the basis for the disapproval, in addition to the notice required
by the Federal Fair Credit Reporting Act.
The information that the association relied on in making the adverse
determination CANNOT be released to the applicant, but the applicant
may request from the credit reporting agency to see the information in the
consumer information report and correct any inaccurate information. Even
if the information provided a small role in the total determination of the
application, the applicant must be provided the required notice by the
association.
What is to be done with the consumer information report after a
decision has been made? The general rule is that all information in the
consumer report must be destroyed in such a manner that it cannot be
reconstructed. But arguably, Florida law requires community associations
to keep such records, as all written records of an association must generally
be kept for seven years. Therefore, the association will want to
store the consumer report in the applicant’s file, which will need to be
designated as confidential with restricted access. It is NOT part of the
official records open to inspection and, thus, not available upon a request
to inspect the association’s official records.
If a declaration has general language providing for the purchaser
and tenant approval but does not provide the standards and procedures
necessary to make such a decision, then on all likelihood the association’s
approval is on thin ice and subject to challenge. This is a good time to
check your declaration and seek advice from the association’s lawyer as to
whether your association’s declaration approval process needs to be updated.
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Fair Housing Discrimination Suit Against Condo Association
Offers Cautionary Tale on Overzealous Occupancy Restrictions
by Michael E. Chapnick
Condominium Association Boards of Directors are always considering
measures to help maintain and enhance the quality of life of
their community’s owners and residents. Some associations grow
concerned about too many occupants per unit and the burden that
additional residents place on a community’s amenities and services,
so they decide to implement occupancy restrictions in order to limit the
number of people residing in each unit.
However, as a Palm Beach County condominium recently found
out, overly aggressive occupancy restrictions have the potential to
run afoul of the Federal Fair Housing Act bans on discriminatory housing
practices against couples with children, and nonprofit housing
agencies are willing and able to take up the case of aggrieved residents
or proposed residents.
A fair housing advocacy group called the Fair Housing Center of
the Greater Palm Beaches filed suit in federal court recently against
the condominium association for the Fontana Condominium in Palm
Beach as well as its president and property manager. The suit alleges
that the defendants have discriminated against families, including
those with minor children, by enacting and enforcing policies that
limit the number of persons and children who may reside in the community’s
units. It is seeking preliminary and injunctive relief as well
as damages for the alleged discrimination against familial status in
housing that violates the Fair Housing Act and the Civil Rights Act
of 1968. The suit also seeks punitive damages, attorneys’ fees and a
court order mandating that the defendants establish a victims’ fund
for those were victimized by their discrimination.
The suit alleges that in 2010 the condominium community
adopted a two-person maximum occupancy restriction for all of its
units, which each have two bedrooms. It states that the occupancy
policy of the U.S. Department of Housing and Urban Development
adopted in 1998 holds that two occupants per bedroom is deemed
to be reasonable under the Fair Housing Act. The suit also alleges
that the two-person limit imposed by the condominium violates the
local occupancy code in Palm Beach County, and the policy resulted
in familial status discrimination when it was used to deny the tenancy
of a couple with their infant child.
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From a cursory review of the 16-page complaint, the plaintiffs
appear to have a strong case against the association and its management,
which will likely incur significant expenses in their defense.
The end result will be a significant amount of legal and financial
hardships for the community, all of which it may have been able to
avoid by first consulting with highly qualified and experienced legal
counsel prior to implementing the two-person occupancy restriction
for its two-bedroom residences.
Condominium associations in Florida and across the country
should take note of this case, as it illustrates the potential pitfalls
that can come as result of overzealous occupancy restrictions.

The Theatre at
Sunrise Lakes Phase 4
Diane DeNoble
and
Bob Diverde
October 6, 2018
8:00 PM
Alexandra Marie
and
Rodrigo Aragon
October 20, 2018
8:00 PM
Get Your Tickets Today!
Low Price $8.00 - Including Coffee & Cake
Call: 954-748-3230 Ext. 1
Box Office Hours: Mon-Fri. 9:00am - 2:00pm
Wednesday Hours: 9:00am - 8:00pm
For More information
emai: marian@sunriselakesphase 4.org
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The Theater at
Sunrise Lakes 4
10102 Sunrise Lakes Blvd.
Sunrise, Florida 33322

You’re only as
good as the
counsel you keep.
Legal Counsel to Community Associations Since 1977
Offices in Miami-Dade, Broward and Palm Beach
Main Office: Suntrust Plaza, 201 Alhambra Circle, Suite 1100, Coral Gables, FL 33134
800-737-1390 | www.srhl-law.com
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PRESRT STD
US Postage
PAID
Ft. Lauderdale FL
Permit # 2727
PO Box 452874
Fort Lauderdale, FL
33345-2874
Dedicated to the Representation of Community Associations
Free CEU Courses & Seminars for
Community Association Board Members & Licensed CAMs
REGISTER NOW!
Palm Beach County Expo
Palm Beach Convention Center
Tuesday, October 2
Covenant Enforcement: 10-11 a.m.
2019 Legal Update 2:30-4:30 p.m.
Broward County Expo
Broward County Convention Center
Thursday, October 4
Covenant Enforcement: 10-11 a.m.
2019 Legal Update: 2:30-4:30 p.m.
Miami-Dade County Expo
James L. Knight Convention Center
Tuesday, October 9
2019 Legal Update: 2:30-4:30 p.m.
BROWARD COUNTY
1200 Park Central Blvd. South, Pompano Beach
RSVP required: seminars@KBRLegal.com or 954.928.0680
Jumping Into the Present: Why Updating the
Governing Documents of Your Association Is
Critically Important
Provider #: 0005092 • Course #: 9628058
Tuesday, October 16 • 6:30 p.m. to 7:30 p.m.
One (1) OPP or ELE Credit is provided.
Guest Restrictions & Screening Tenants and New
Owners: Is It Worthwhile?
Provider #: 0005092 • Course #: 9628051
Tuesday, October 23 • 6:30 p.m. to 7:30 p.m.
One (1) HR or ELE Credit is provided.
“Ask the Experts” on WWNN 1470 AM and on 93.5 FM
Join Robert Kaye and Michael Bender on the first Thursday of
each month, from 5 p.m. to 6 p.m.
Call in with your pressing association law questions to 888.565.1470. Also available
on KBRLegal.com, iHeart Radio, YouTube and U Stream.
PALM BEACH COUNTY
9121 North Military Trail, Suite 200, Palm Beach Gardens
RSVP required: trisha@KBRLegal.com or 561.241.4462
Homeowners Association
Board Member Certification Course
Provider #: 0005092 • Course #: 9627379
Wednesday, October 10 • 6:00 p.m. to 8:30 p.m.
Two (2) IFM or ELE Credits are provided.
Condominium Association
Board Member Certification Course
Provider #: 0005092 • Course #: 9626451
Wednesday, October 17 • 6:00 p.m. to 8:30 p.m.
Two (2) IFM or ELE Credits are provided.
2019 Legal Update
Provider #: 0005092 • Course #: 9629127
Wednesday, October 24 • 6:00 p.m. - 8:30 p.m.
Two (2) Legal Update (LU) Credits are provided.
Broward Office: 1200 Park Central South Blvd. | Pompano Beach, FL. 33064 | 954.928.0680
Palm Beach Office: 9121 North Military Trail, Suite 200 | Palm Beach Gardens, FL. 33410 | 561.241.4462
Info@KBRLegal.com KBRLegal.com
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
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