Condos, HOA's & Co-ops
The attorneys in our Community Association Law Practice Group cover the entire spectrum of legal counseling for condominium, cooperative, time shares and homeowners associations. In addition, the practice group provides counseling to country clubs, master associations and owners' ad hoc committees. Each attorney plays an integral part of their client's professional team, assisting the Board and management prepare for and conduct meetings; answering questions about documents and the pertinent law; enforcing the covenants and restrictions and; drafting and negotiating contracts for provision of services.
Each client is assigned a Community Association Attorney who is primarily responsible for providing legal counseling to the officers and directors, as well as the manager, on the operation of the Association. The Association's attorney also serves as a liaison between the client and other attorneys in the Firm to ensure that all the association's legal needs are being met by an attorney who practices exclusively in those specialized areas.
Among the types of services routinely provided to Community Association clients are the following:
- Legal counsel in the application of state and local law and court rulings and administrative decisions impacting the operation of Community Associations.
- Compliance with applicable Federal laws, such as the Telecommunications Act of 1996, the Fair Housing laws, and the Employment Discrimination Laws, as well as similar state and local statutes and ordinances.
- Collection of delinquent assessments.
- Interpretation, amendment and enforcement of the governing documents -- Declaration of Condominium, Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation, the Bylaws of the Association and the rules and regulations.
- Answering day-to-day questions regarding operational, technical, regulatory, and practical issues.
- Advising on Hurricane preparation, protection and counsel on recovery and rebuilding efforts.
- Assisting the Board of Directors on fiscal matters, such as budgeting, levying special assessments, and establishing reserves.
- Addressing maintenance and repair issues and distinguishing between those projects which require Board approval and those which require unit owner approval.
- Drafting and reviewing contracts for the management, maintenance, repair and operation of the community.
- Assisting in planning and developing contracts for construction projects and complying with construction lien laws.
- Counseling owners ad-hoc committees in the pre-transition phase of the Community's evolution.
- Providing legal counsel for post-transition, unit owner-controlled Association developer issues, including the resolution of warranty, accounting and representation claims, and the establishment of on-going operational controls.
- Reviewing loan documents and structuring commercial lines of credit and/or arranging sources of financing for recreation lease purchases, capital improvements, etc.
- Prosecuting and defending construction defect cases.
Each community's designated attorney also serves as a liaison between the client and the Firm's other practice areas. The attorney works closely with the Firm's other practice groups including Collection/Foreclosure, Covenant Enforcement, Construction Law and Employment Law to be sure that all of the Association's legal needs are met in the most responsive, professional, and cost effective way possible.
Commitment to Communication
We are committed to the education and empowerment of Boards and residents of numerous community associations throughout the state of Florida.
With a team of professionals dedicated to the practice of Community Association Law, our clients enjoy valuable insight in real time. Our publications contain articles on developments in Community Association Law, notes on significant changes in case law, legislation and administrative decisions as well as tips on "the business" of operating Associations. Additionally, the Firm sponsors many free educational seminars throughout the State on various topics related to the management and operation of community associations.