Community Association

We understand the unique challenges associations face today.

Our attorneys consistently advise clients on a number of legal issues facing community associations, including document creation, review and amendment; elections, insurance claims, covenant enforcement and assessment collection. Our direct approach gives clients the information and guidance they need to make decisions in a timely and cost-effective manner. We work with boards of directors and their managers to avoid problems and minimize risk. Clients value our personal attention and responsiveness they receive. We keep clients up-to-date on pending matters and changes to the law that may affect their organizations. We realize that important issues often arise outside of normal business hours, so one of our attorneys is always available for consultation, either in the office or by phone or e-mail.

Strong Dispute Resolution, Covenant Enforcement and Litigation

Disputes and enforcement can raise questions that require complex legal analysis. Our attorneys review individual situations and provide well-reasoned legal opinions. These matters include large construction/renovation projects, routine service and maintenance items, conflicts in enforcing the association’s governing instruments, architectural control problems and problems with individual owners.

From an owner’s couch on the front porch to the person who thinks purple is a perfect house color, our attorneys have extensive experience in dealing with a myriad of enforcement issues. When needed, we help our clients initiate actions to enforce association covenants and rules. In addition, our attorneys are skilled litigators who counsel our clients in the defense of all matters, including claims involving civil claims, negligence and breach of fiduciary duty actions.

Effective and Up-to-date Collections

The collection of delinquent assessments can be a frustrating and time-consuming task. We assist our association clients with collections using a vigorous and consistent approach. We are experienced in filing liens against individual unit owners, initiating lawsuits for the collection of assessments and seeking enforcement of those judgments through garnishments, and, if necessary, foreclosing upon the property.

Main Governing Statutes

Each type of community is governed by its own statute:

Governing Documents

All community associations have governing documents:

• Declaration (of condominium or covenants)
• Articles of Incorporation
• Bylaws
• Rules and Regulations

These documents define the rights and obligations of members and the powers of the association.

Board of Directors

The association is typically run by a board elected by the members (owners):

• Must act in good faith and in the best interest of the association
• Must follow proper procedures for meetings, elections, and record-keeping
• Subject to rules on conflicts of interest, fiduciary duties, and transparency

Meetings & Member Rights

Florida law requires:

• Open meetings (with some exceptions)
• Proper notice of meetings
• Access to records for unit owners
• Annual meetings and elections

Assessments & Collections

Associations can charge dues or assessments to fund maintenance and operations:

• Unpaid assessments can lead to liens and foreclosure
• Strict rules govern collection practices

Dispute Resolution

Before filing a lawsuit, certain disputes (especially in condos and HOAs) must go through mandatory pre-suit mediation or arbitration:

• Arbitration is required for certain condominium disputes via the Division of Florida Condominiums, Timeshares, and Mobile Homes

Maintenance Responsibilities

• Owners are generally responsible for their units
• Associations are typically responsible for common areas
• Governing documents and statutes specify who pays for repairs

Regulatory Oversight

• Condominiums and cooperatives are regulated by the Florida Department of Business and Professional Regulation (DBPR)
• HOAs have less regulatory oversight but still must comply with Chapter 720

Recent Trends and Changes

Florida regularly updates its community association laws. Recent legislative changes often address:

• Transparency and access to records
• Fraud prevention and criminal penalties for misconduct
• Rules regarding rentals, pets, short-term leasing (like Airbnb)
• Use of technology for meetings and notices