Homeowners’ associations and condominium associations are common in Florida, as are the disputes that owners and associations find themselves in. Our law firm represents both associations and owners in disputes amongst each other. The laws governing homeowners’ associations and condominium associations can be found in Florida law, as well as the association’s governing documents. Typically, the nature of disputes between owners and associations is rooted in the interpretation of the applicable statues and governing documents, as they relate to the facts and circumstances of the dispute.
We service the homeowners’ association law and condominium law needs of our clients in the areas of:
Arbitration/Litigation of Disputes
Complicated disputes between associations and owners that are unable to be resolved without court intervention sometimes require that the matter be submitted to an arbitrator or that a lawsuit be filed in order to reach a resolution. Florida law governs whether a particular matter must be arbitrated first or may proceed directly to a lawsuit.
Disputes Amongst Associations and Owners
Disputes among associations and owners including issues regarding the payment of assessments and fees; the obligation to repair and maintain residential and association property; and the financial governance of the association and voting and election issues.
Lien Foreclosure Actions
Lien foreclosure actions are filed by the association to foreclose a lien attached to the owners’ property for unpaid assessments or fees. The association seeks the permission of the court to sell the subject property in order to satisfy the outstanding lien.
Preparation and Maintenance of Governing Documents
Homeowners’ associations and condominium associations are governed by their “governing documents” as well as Florida law. The governing documents include the Articles of Incorporation, the Bylaws, the Declaration of Covenants, Conditions and Restrictions and the Rules and Regulations. The documents must be prepared at the time that the association is created and must be updated from time to time.