Community Associations
To protect their local communities, associations need experienced attorneys who can navigate the complex web of statutes, regulations and case law that govern them. Having worked with large developments and associations throughout the state, our counselors have the skills to advise directors on their legal rights and responsibilities. Under our guidance, numerous associations have transitioned from developer control to independent management and maintenance.
We develop governing documents that help guide operations, while also protecting against possible legal actions. With experienced attorneys throughout Florida, we represent condominium associations, property owners associations, commercial associations, homeowners associations, master associations and owners’ ad hoc committees.
Based on our extensive experience and statewide resources, we counsel clients to help oversee operations and manage risk in the following areas:
- Transition and setup: Transition from developer control, offer pre- and post-transition counsel and setup on-going operational controls.
- Policies: Formulate and enforce policies for assessment collection, liens and lien foreclosures.
- Financial matters: Address accounting, assessment guaranty issues, budgets, special assessments and reserves. Also review and negotiate loan documents for financing of improvements and repairs.
- Governing documents: Interpret, enforce and amend documents such as the Declaration of Condominium; Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation; and Bylaws of the Association. Also, offer guidance on amendments to eliminate ambiguous, unenforceable, outdated or conflicting provisions.
- Maintenance and repair issues: Distinguish responsibility for repairs, including those needing unit-owner approvals.
- Construction defects: Counter defects or other warranty claims.
- Contracts: Draft contracts to manage the association and owned or administered property. Handle contracts for service, maintenance and repairs.
- Laws and regulations: Interpret the impact of state law and judicial and administrative decisions.
- Compliance: Apply federal laws, such as the Telecommunications Act of 1996, the Americans with Disabilities Act and the Employment Discrimination Laws, as well as similar state and local statutes and ordinances.
