Community Association Law

The law firm has represented hundreds of community associations throughout South Florida over the last two decades in all facets of Community Association Law. From issues arising during the transition process from the developer to the residents, to disputes between associations and homeowners and master and sub associations.

The firm has an extensive collection practice helping associations recover delinquent assessments and foreclose claims of lien. The firm handles all aspects of the collection process from demand letter through claim of lien, foreclosure and ultimately sale of property securing the delinquent assessments. Additionally, the association regularly provides counsel to association board members, assisting them in discharging their fiduciary duties to the association and its membership. The firm regularly assists incoming board members in becoming acclimated with their new duties and/or legal obligations as members of the board of directors for their association. The firm also represents the associations in all aspects of the legal process, including pre-suit mediation and/or arbitration and trial.

The firm has represented associations in election disputes, construction defect actions, disputes between multiple associations within the same community, challenges to the governing documents and disputes between association and governmental entities including municipalities, counties and the state. The firm also regularly helps the associations maintain the effectiveness of their governing documents from the amendment process to compliance with the Marketable Record Title Act (MRTA), which includes preservation or revitalization and other statutory and common law obligations.

Below is a list of some of the many services in Community Association Law our firm provides:

• Collect maintenance and special assessments from the homeowner through the demand letter stage, claim of lien stage and foreclosure stage.
• Provide advice to Association concerning all day-to-day matters with respect to any issues involving interpretation of Florida Statute, the Florida Administrative Code and the Association’s Governing Documents.
• Prepare, review and negotiate all contracts by and between the Association and vendors or other third parties.
• Provide legal advice as to complex commercial litigation and matters associated with same.
• Assisting and advising the Association as to matters by and between the Association and city, county and/or state governments. Represent the Association before the city, county or state commissions.
• Provide covenant enforcement to the Association, which may include sending violation letters, preparing a Petition for Arbitration or filing a Complaint for Injunctive Relief.
• Defending and/or providing the Association with advice concerning lawsuits filed against it.
• Advising and assisting the Association with amending its Declaration, Bylaws and Articles of Incorporation.
• Advising the Board of Directors on the drafting of rules and regulations.
• Upon the Association’s request, attending Annual Meetings and Board Meetings.
• Preparing the Annual Meeting Package for the Association.
• Addressing zoning or other issues that may arise from other community associations being developed along the border of the Association’s property line(s).
• Reviewing insurance policies and addressing insurance coverage issues.

We are experienced in handling these and many more matters in Community Association Law that the Association may face throughout each year. We are uniquely qualified as counsel for our Associations to provide them with representation at all levels including collections, general legal counsel matters and complex civil litigation at the trial and appellate levels. Our hands-on approach and ability to effectively communicate with our clients gives us the tools to provide the necessary legal advice to assist the Board of Directors in navigating through each Association’s unique issues.