Condo/HOA Law

Our firm provides guidance and representation related to condo/HOA laws, including dispute resolution, contract review, and  counsel services:

 

• Interpretation and enforcement of the governing documents up to and immediately prior to court action, including:

 

• Declaration of Covenants and Restrictions

• Articles of Incorporation

• Bylaws

• Rules and Regulations

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• Recommendations for amendments to governing documents to increase efficiency and enforcement opportunities. 

• Drafting and reviewing contracts for the management, maintenance, repair and general operation of the association.

• Preparing and sending legally required estoppel letters to potential purchasers for association to get paid past due maintenance fees and special assessments when owners transfer where requested.

• Reviewing of lease approval process and tenant regulations.

• Answering day-to-day questions regarding operational issues.

• Answering day-to-day questions regarding technical and practical issues, such as how to deal with noisy neighbors.

• Answering day-to-day questions regarding regulatory issues, such as the legal requirements for amending documents.

• Assisting with board resolutions and minutes and attend meetings as required such as the annual owners meeting. Attendance other tan for the annual meeting may be by telephone where needed and may be limited to the legal issues raised on the agenda or as required by the board.

• Advising in regard to current contracts and Association responsibilities.

• Pre-suit settlement negotiations and demand letters for lawsuits where the Association is a defendant or in the prosecution of an action where requested.

• Advising and assisting the Association with Documents requests and compliance with the Department of Business and Professional Regulations, (DBPR), such as complaints.

• Reviewing and advising on compliance issues, such as the Department of State records and compliance with Florida law.

• Drafting and assisting with handling violations to governing documents and assisting with the finning committee and enforcement procedures, up to and including Arbitration, where requested (proceeding through the courts is considered litigation).