Don’t be! We were “born” to help you look like a pro in front of your community. As the firm that “Embraces Community,” we find solutions to alleviate that gut-wrenching pit in your stomach whether you are on the Board, a Committee, or the Manager. Offering a multitude of flat rates, we find creative and aggressive solutions to your legal and practical issues. Many of our services are on flat rates including such popular matters as collections, covenant enforcement, amendment packages, and others. No mandatory retainer to hire us.
We also feature a wide array of complimentary services, including our famous small group “Community Connect Chats” and large group “Embracing Community Conferences” events. Among the many types of classes, we present are our quarterly HOA Board Certification class. The Florida Legislature passed legislation in 2013 requiring every board member to attend a Board Certification class within 90 days of being elected to the Board or to sign an Affidavit “opting’ out of the class with certain sworn statements. You may request one of these forms by contacting our Public Relations Department. The purpose of the class is to equip Board Members with the knowledge of how to operate their non-profit corporation. Even though your HOA is your neighborhood – it is also a corporation with many of the same responsibilities and liabilities as prominent for-profit corporations such as the Walt Disney Co. or Microsoft – just not the salaries and perks.
We have a Manager Complimentary Referral Service to assist your Association (available to clients and non-clients) in hiring a licensed Management Company. Legislation was passed in 2010 requiring management companies to secure a management company license through the Department of Business & Professional Regulations. If you would like to take advantage of this complimentary service either use the link above or call our Director of Public Relations
Want to make your life easier? Call our Director of Public Relations or Request a Presentation or Legal Services Package using the buttons above. Want to ask questions about becoming a client after normal business hours? Call our Director of Public Relations. All part of our firm’s commitment to Embracing Community!
About Homeowner Associations
What is a Homeowners Association? According to Wikipedia, it is “an organization in a subdivision, planned community that makes and enforces rules for the properties within its jurisdiction. The purchase of the property automatically makes the homeowner of the HOA and dues are required.” Basically, when you purchase a home or lot in an HOA, you have signed a super contract. While you may not remember this during your closing, you received your Association’s Governing Documents with all the other documents and agreed to all the covenants and restrictions in those Documents.
There are two types of HOAs: mandatory and voluntary. From around the mid to late 1970’s, most new communities have been designed as mandatory associations, which basically means if you do not pay your dues in a timely manner, the HOA Board of Directors may place a lien on your property and foreclose on your home.
There are also voluntary associations which were basically created prior to the mid to late 1970’ and are rarely developed more recently. The voluntary associations do not require an owner to pay dues but may remit dues on a voluntary basis in support of keeping up the neighborhood entrance and common areas.
An HOA does not necessarily have to have the words “HOA” or “Homeowners Association” in its official name. Sometimes the phrases Property Owners Association, Civic Associations, Owners Association, or Neighborhood Association are used. Civic and Neighborhood Associations are often voluntary associations – but not always.
Prior to 2000, Homeowners were governed by Florida Statute, Chapter 617 – the Non-Profit Corporations Act. In 2000, a new section of the Florida Statutes, Chapter 720, became known as the Homeowners Association Act. As time goes by regulation of HOAs is becoming more and more similar to condominiums and some experts believe that eventually the two Acts will largely mirror each other, or be merged together.
A Sampling of our Services for Homeowner Associations
We handle every type of issues for HOAs except criminal and tax issues that can arise for an HOA (and then we will refer you to a firm that specializes in those areas).
Here is a sampling of the myriad issues we handle for HOAs:
- ADA (Americans with Disabilities Act) and Federal Housing Act – “55 and Older” communities
- Association Meetings (attending, drafting documents related to, etc.)
- Covenant Enforcement Violation
- Covenant Revitalization and Marketable Record Title Act
- Governing Document Drafting, Interpretation, Review
- Contracts including but not limited to Vendor and Employment Contracts.
- Opinion Letters
- Sexual Harassment, Sexual Offenders and Sexual Predators
- Short Term Rentals
- Collection of Delinquent Assessments, Lien Foreclosures, and Bankruptcy
- efficiency and Personal Money Judgments
- Receiverships and Rent Interception
- Fair Debt Collections Practice Act (FDCPA) and the Florida Consumer Collection Practice Act (FCCPA)
- Litigation including Covenant Enforcement, Civil, Administrative Actions, Contract Dispute, Construction Defect, Local and State Government.
- Arbitration and Mediation