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How an Attorney can Help Your Florida HOA or Community Association

On Behalf of | Dec 26, 2018 | Firm News |


Managed communities are gaining in popularity around the country, and Florida is home to well over 10,000 homeowner associations alone. Combined with condominium associations, it is almost a guarantee that any real estate you purchase will be managed by an HOA or COA. These associations have a massive responsibility to ensure communities are properly maintained and all applicable laws are followed. If they do not meet expectations, they can be faced with legal action and angry owners.

Having a Florida community association attorney on retainer can help reduce the risk of legal action. Your attorney will be outside counsel and will offer legal advice and represent the association for a variety of legal tasks. Here are some of the ways a rier.com/west-palm-beach-community-association-hoa-lawyer/”>West Palm Beach community association lawyer can help.

Draft Legal Documents

Managed communities may need a variety of legal documents drawn up. These can include covenants, conditions and restrictions (CC&Rs); bylaws; member agreements, and governing documents or amendments. Having your documents drafted by an attorney who specialized in community associations ensures your documents are not in violation of state or federal laws. This is especially helpful in situations where a new HOA or COA is being formed, and there are no existing governing documents in place.

Your attorney can also help established communities by drafting vendor contracts. These can include ones for remodel jobs or regular maintenance and insurance.

Assist with Disputes and Day-to-Day Operations

A skilled community association lawyer will be able to set up procedures to create financial statements. They can help collect any unpaid fees, debts, and other assessments. If the fees are not paid, you will need to use asset recovery tools, like a foreclosure or property seizure. If you have homeowner disputes or need to enforce rules with a homeowner, your counsel can manage those tasks as well.

Act as a Negotiator

If you don’t have a strong negotiator on board, let your counsel handle the negotiations. This can include negotiations for easements, cell phone site agreements, or contracts for bulk rate cable TV and telecom services.

Facilitate Legal Transactions

In newly-constructed communities, your attorney can help transition control from the developer to the association. He or she can help sell distressed condominiums or represent you in mergers between associations.

Litigate a Dispute

If you run into legal matters that need to be litigated, having an attorney who is already familiar with your community can even save you money. Your general counsel is already on board, so you won’t need to pay additional legal fees to get an attorney up to speed. You may need to litigate a breach of contract claim or a construction defect claim. If you already have an attorney on retainer, he or she is likely already intimately knowledgeable on the details surrounding the litigated matter.

Retaining HOA General Counsel

If you need assistance with your HOA or COA, it’s important to choose an attorney who specializes in community associations. At Pincus & Currier LLP, we have extensive experience representing community associations throughout Palm Beach, Broward, and Miami-Dade Counties. Contact our office at 561-868-1340.