General Counsel to Condominium and Homeowner’s Associations

Condominium and homeowners associations are prevalent throughout the West Coast of Florida.  Such communities are often appealing to potential owners because they offer attractive, well-maintained and uniform appearances.  Maintaining attractive appearances means that condo owners must follow the restrictions provided in communities’ governing documents.

While this sounds reasonable, unfortunately, the rules and regulations for activities within such communities can be unclear and/or lack the specificity needed to resolve a particular situation or dispute.

Examples of such issues range from permissible parking within a community, responsibility for the expenses of plumbing problems, or the colors which owners are allowed to paint their homes.

Additionally, the Florida Statues and the Florida Administrative Code are frequently changed annually, creating additional potential interpretation issues for the volunteer owners serving on a community’s board of directors.

Finally, sometimes problems come simply from the fact that a community’s governing documents contain out-dated restrictions that no longer serve the community’s needs.

Services provided to assist boards of directors in meeting and maintaining the needs of their communities.

  • Interpreting and enforcing governing documents.  Additionally preparing amendments to governing documents to meet the changing needs of a community.
  • Addressing maintenance and repair issues and addressing who is responsible for those expenses.
  • Providing legal counsel as needed on day to day questions regarding operational, technical, regulatory and practical issues, and assisting with the development of policies and rules governing same.
  • Collecting past due assessments, including sending statutory demand letters, filing of claims of lien, and filing assessment foreclosures on same.
  • Aggressively representing the rights of community associations in mortgage foreclosure cases.
  • Providing assistance to boards of directors with required notices, attendance requirements, and voting requirements as needed for board and member meetings.
  • Drafting and reviewing contracts for the management, maintenance, repair, construction of improvements, and/or operation of the community.
  • Reviewing loan documents and structuring commercial lines of credit and/or arranging sources of financing.
  • Providing reservation and revitalization of communities under the Florida Marketable Record Title Act.
  • Assisting with Fair Housing, Handicap and Civil Rights matters.

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