Providing Legal Advice for Florida Homeowner Associations
The state of Florida is home to more than 14,000 different homeowner associations with responsibility for 2.7 million units. In Palm Beach, Broward, Miami-Dade and Monroe counties alone, 13,000 condominium associations exert control over more than three million condominium units. HOAs and COAs have tremendous responsibilities to maintain their communities according to the expectations of the association and unit owners. Attorneys at Pincus & Currier LLP, are well-versed in Florida community association law. Our West Palm Beach community association lawyers act as your outside general counsel, providing advice, assistance and representation in the myriad legal tasks associated with maintaining operations, upkeep and standards in the many different types of living communities under your HOA.
Important Facts About Florida Homeowners’ Associations Law
According to Florida statutes 720.301, a homeowners’ association, or HOA, is a Florida corporation responsible for the operation of a community, where the voting membership is made up of unit owners, and membership in the HOA is a mandatory condition of ownership. HOAs are authorized to impose assessments on unit owners, and if these assessments go unpaid, HOAs can place a lien on the property to collect unpaid assessments.
The HOA may be involved in many aspects of maintenance and planning for the community. An HOA may cover one property or a collection of properties, and it may be self-managed or have its management overseen by an outside property manager.
How Our Palm Beach Community Association Lawyers Can Help
The HOA board of directors and staff not only must deal with homeowners but also a wide variety of other parties, including contractors, developers, financial institutions and government agencies. At Pincus & Currier LLP, our experienced commercial litigation attorneys can help you resolve disputes which may arise with any of these parties. Additionally, we act as your general counsel and provide advice and assistance with any community association legal matters from day-to-day matters to ownership transition and mergers. Call our West Palm Beach community association law attorneys for help with any of the following:
- Draft governing documents or amendments
- Draft covenants, conditions and restrictions (CC&Rs)
- Draft association by-laws
- Draft rules and procedures for appointing board members and assigning their duties, setting up the format of meetings, and procedures for voting and governance
- Set up procedures for the creation and review of financial statements
- Draft member agreements
- Enforce procedures and resolve homeowner disputes
- Collect unpaid fees, assessments and debts
- Institute asset recovery mechanisms including seizure and foreclosure
- Litigate construction defect claims
- Negotiate easements
- Negotiate bulk rate cable TV and telecom contracts
- Negotiate cell phone site agreements
- Draft and review construction and remodeling contracts
- Draft and review management, maintenance, vendor and insurance contracts
- Assist in transition from developer to member control for newly-constructed communities
- Representation in merger of associations
- Sale of distressed condominiums
Your HOA General Counsel in West Palm Beach
HOAs have innumerable duties and responsibilities; having skilled and knowledgeable legal assistance can prove invaluable in navigating through even the most complicated tasks. For advice and assistance with an HOA or COA matter in Palm Beach, Broward, Miami-Dade or throughout Florida, contact the community association law attorneys at Pincus & Currier LLP, in West Palm Beach at 561-485-4291.