Florida HOA & Condo Association Management Attorneys
The attorneys at The Florida Legal Advocacy Group are authorities on Florida HOA and Condo Association Law. We have the knowledge and experience to provide exceptional legal counsel for condominium, cooperatives, time shares, and homeowners associations. We also work with master associations, country clubs, and owners' ad hoc committees. We provide a variety of services which include: assisting the board prepare for and conduct meetings, drafting and reviewing documents, enforcing the association’s covenants and restrictions, and guiding associations through the transition of builder turnover.
Just like other areas of law, each association client is different and has a unique set of requirements needed from their Community Association Attorney. Whether yours is a seasoned community, or brand new and about to take the reins from the developer, we can help. Each of our community clients is assigned a Community Association Attorney who will be their primary point of contact for legal counsel and services regarding the operation of the association. Below we detail the HOA condo association management services provided - click each topic for more information.
The following is a list of services provided by our Community Association Lawyers:
A community governed by the Americans with Disabilities Act (ADA) as opposed to the Fair Housing Act (FHA), is treated differently and subject to different rules under the law. It is important to understand which law applies to your community and the current situation before taking action.
The Florida Legal Advocacy Group will help create a fair housing policy for your association that will ensure equal opportunity for your residents and provide greater continuity and protection for your Board of Directors.
Residents with disabilities may be entitled to modify their property even if the modifications will violate the requirements in the association’s governing documents. We can advise the association and provide solutions that benefit all parties while adhering to applicable laws.
Let The Florida Legal Advocacy Group help you navigate fair housing laws with confidence.
We are diligent to remain current regarding federal laws and recent rulings that may impact our association clients, as well as the applicable state and local statutes and ordinances.
Whether you are the developer and need to draft new documents or a seasoned association needing to amend current versions, The Florida Legal Advocacy Group has the ability to help you get the job done right.
There are a number of documents needed to launch and effectively run your association including: the Declaration of Condominium, the Articles of Incorporation, the Bylaws of the Association, the Declaration of Covenants, the Conditions and Restrictions and the Association Rules and Regulations. When properly drafted, these documents and amendments should be easy to understand and easy to enforce. Written without proper guidance or knowledge of the most current laws and statutes, your association documents could unintentionally jeopardize the entire community. If document provisions are too vague, legal action is almost certain when any party attempts to enforce them. To avoid legal hurdles down the road, it is also critical that the Association Rules and Regulations adopted by the Board of Directors are in agreement with and supported by the Community’s Declaration and Bylaws. Finally, the laws governing condominiums and HOAs have changed dramatically over the past few years to address recent economic conditions and must be considered while drafting, amending or interpreting documents related to your association.
The Florida Legal Advocacy Group is pleased to provide a review of your current governing documents, before you to invest your community’s time and resources in document revisions.
Under The Marketable Record Title Act (MRTA), associations can find themselves in a situation where their governing documents are essentially unenforceable. Fortunately, there is a process to preserve the association’s governing documents if they have not yet expired under MRTA, as well as a process for reviving those documents if they have already expired. The Florida Legal Advocacy Group has experience with assisting associations work through both the preservation and revival process under MRTA to ensure association documents remain in effect and enforceable.
The Florida Legal Advocacy Group is aggressive and strategic in the collection of past due assessments. We have an excellent track record and proven techniques that can eliminate your collection problems – even in a difficult economy.
The Florida Legal Advocacy Group provides sound, consistent and thorough legal counsel to owner’s ad-hoc committees in their pre-transition phase of community development.
Turnover is the process of shifting the control of the community association from the developer to the homeowners. A common misconception is that “turnover” is a point in time where homeowners receive title to the community’s common property and buildings, and confirm that the developer has met all obligations. However, this is not the case—the transfer of property is more gradual, taking place as each home or unit is completed and sold. For condominiums the turnover process begins when the developer has sold 15% of the total units. For HOAs the process begins at 90% occupancy. Note that in rare cases, developer bankruptcy can cause the transition to occur sooner. At the end of a successful turnover, the homeowners are in control of the community and have the power to make all pertinent decisions through the association’s Board of Directors.
The Florida Legal Advocacy Group will provide legal counsel and assistance throughout the turnover period regarding
- Creation, proper representation of parties, and election of the board of directors
- Secure and complete transfer of items required to be provided by the developer (including, but not limited to, association funds, meeting books, the original declaration and bylaws, plans and specifications, insurance policies, agreements and service contracts, and all warranties)
- Oversight of the CPA audit of all financial records
- Transfer of appropriate property deeds to the association free and clear of all liens.
- Legal counsel for post-transition, owner-controlled associations on developer issues, including the resolution of warranty, accounting and representation claims, and the establishment of on-going operational controls.
Annual elections and board recalls are a necessary part of community living. When your community election becomes heavily contested, or a group of concerned owners attempts to remove a board member or the entire board, it is critical to obtain the kind of objective, sound legal advice that our team can deliver. We will help diffuse the opposition and provide proper legal counsel regarding rules, timeframes, procedures, and often complex association dynamics. We can effectively identify and provide legally required forms, review and determine the validity of the election process, provide ballot analysis assistance, compare similar cases and their outcomes, explain board recall certification procedures, and help to address the concerns of the members of the association.
The Florida Legal Advocacy Group aids associations in obtaining financial assistance through the review of loan documents, structuring commercial lines of credit, and arranging sources of financing for recreation lease purchases, capital improvements, etc.
Our team will diligently remain current regarding Florida Law and the enforcement rights provided under your community documents. This will allow us to effectively enforce proper compliance regarding
- Architectural Guidelines
- Pet Rules
- Lease Violations & Unapproved Tenants
- Removal of Structures Not Approved by the Association
- Proper Maintenance of Individual Properties and Units
- Nuisance Behavior and Activities
- Enforcement of Suspended Common Area Amenities Use Rights
- And Other Violations
Staying current with recent court rulings and laws impacting the operation of community associations allows us to provide valuable advice and legal counsel for the daily operation of your HOA or Condo Association. For our current association law clients, we routinely address questions regarding operational, technical, regulatory, and practical issues facing their communities.
In Florida, it is important for your association to be prepared for hurricanes and major storms. We can advise your association on hurricane preparation, protection for the property and the association, and provide counsel regarding recovery and rebuilding efforts in the event of sustained damage.
We assist our client associations’ Board of Directors with fiscal matters, including but not limited to budgeting, establishing proper reserves, and levying special assessments. We will also provide assistance with maintenance and repair issues helping to distinguish projects requiring Board approval and those requiring owner approval.
We are available to drafting or review a variety of contracts for the routine management, maintenance, repair, and operation of the community, ensuring the best interests of the association and its homeowners are protected.
Our professional legal assistance in planning for construction projects and drafting appropriate contracts, ensures your associations’ protection and compliance with construction lien laws.
If your association developer, architect, engineer, general contractor or subcontractors have not fulfilled all contractual obligations, or have left your community association with conditions that violate the plans and specifications, building codes or general construction practices, your association has a case that should be reviewed by an experienced Community Association Attorney. At The Florida Legal Advocacy Group, our main goal is always to resolve your claim and maximize your recovery in the quickest, most cost effective way possible. We continually stay abreast of the ever-changing landscape of construction defect law, especially with regards to condominiums and home owners associations. Don’t allow the developer or builder to avoid a legal obligation to compensate you for legitimate claims. The Florida Legal Advocacy Group is positioned to provide the attention your case deserves to negotiate a settlement or obtain a court ruling that is fair.
The Florida Legal Advocacy Group has the knowledge and expertise to handle your HOA or Condo Association, and will cater a relationship that fits your needs. To put the experienced and tenacious legal representation we offer to work for you, call us toll free at (352)732-8030 or contact our Ocala accident and injury lawyers by email.