Homeowner Associations

General Services offered by Our Transactional Department 

• ADA (Americans with Disabilities Act) - Advising Association clients regarding ADA Compliance/Discrimination matters.
• Association Meetings – Any and all matters relating to Board, Annual, and Membership meetings including attending and drafting documents for meetings.
• Covenant Enforcement – Violation of the Association Governing Documents by owners. Association must seek legal action in order to bring the owner into compliance. We feature two flat fee services for this action. For more information on these two services, please contact our Public Relations Department. Additionally, for more information on the Covenant Process and the Need to Proceed, please select this link.
• Covenant Revitalization – Course of action to reactivate covenants in Governing Documents which the Association has not been enforcing.
• Document Drafting – Including the drafting of Association Governing Documents including Declaration of Covenants & Restrictions, Articles of Incorporation, Bylaws, Rules and Regulations and amendments to the aforementioned documents. We also draft contracts, service contracts, and easements. For more information about the Amending Your Governing Documents, please click here.
• Document Interpretation & Review – Meaning of provisions in Association’s Governing Documents, considering statutory law, case law, and common law.
• Employment Contracts - Management and other vendor contracts.
• Marketable Record Title Act (MRTA) – Actions by the board to re-impose covenants restrictions and easements found in Association’s Governing Documents.
• Opinion Letters – Legal Opinion letters can be drafted on many different topics for Association clients such as whether a client should proceed with pursuing a covenant enforcement matter. Whatever the need, our attorneys will provide you with a written legal opinion letter on the subject requested.
• Reviewing Contracts – This category includes the reviewing of construction, vendor, manager and/or management companies, and other contracts that the Association may enter into.
• Sexual Harassment, Sexual Offenders and Sexual Predators – Sexual harassment can happen in Associations, Board Members can sexually harass or be harassed by their manager or a vendor. We will use our expertise to handle these matters with sensitivity and resolve. Associations also are often highly motivated to control who is allowed to live in their community and want the capabilities to restrict persons with criminal backgrounds, particularly involving sexual violations.
• Short Term Rentals
• Federal Housing Act – “55 and Older” communities or occupancy restrictions sometimes are challenged for allegedly discriminatory rental or occupancy policies.

Collection of Delinquent Assessments, Foreclosures, & Receivership Services Offered by our Collections Department

For more information about the Collection and Lien Foreclosure Process, please click here.

• Bankruptcy - Represent Associations as creditors in Chapter 7, 11, and 13 bankruptcies filed by delinquent owners and developers
• Collection of Delinquent Assessments (Dues) - Representing Associations in the collection of delinquent assessments using all available remedies and cutting-edge strategies, including recording claim of liens, lien foreclosure, money judgments, deficiency judgments, rental income interception, and rent receiverships
• Deficiency Judgments
• Lien Foreclosures
• Mortgage Foreclosure Defense - Represent Associations in mortgage foreclosure cases to protect their lien interests, maximize their recovery after the foreclosure sale, and ensure the case is not unduly delayed
• Personal Money Judgments
• Receiverships
• Rent Interception – Representing Associations to intercept delinquent owner’s rental income through evictions and rental receiverships
• Fair Debt Collections Practice Act
• Florida Consumer Collection Practices Act

Litigation Services Offered by our Litigation Department

For more information about the Litigation Process, please select this link.

• Covenant Enforcement Litigation – Prosecution of claims for violation of restrictive covenants, Association Governing Documents and Rules and Regulations, by filing civil suits in state court or covenant enforcement petitions with the Florida Department of Business and Professional Regulation.
• Contract Dispute Litigation – Litigating claims for breach of contract against vendors, individuals or corporations. Actions for a declaratory judgment as to the meaning, enforceability or other aspects of a contract would also be filed, where appropriate.
• Construction Defects Litigation - Initial analysis and assessment of construction defect claims, assisting and coordinating with engineers, architects or contractors in evaluation construction defect claims, and providing the initial demand on construction professionals, as required by Florida law. Where necessary, pursuing construction defect claims through arbitration or litigation, in state or federal court, based on contractual, statutory or other construction claims.
• Local and State Government Litigation – Actions against municipal, county or state government and government agencies regarding disputes involving land use and development, taxation and property appraisal and assessment, and issues regarding annexation of property. Actions may also be brought against local governments or agencies regarding ordinance or code violations, fair housing disputes, and legal issues involving state water management districts.
• Arbitration and Mediation – Where required by law, or where otherwise may prove advantageous or cost-effective, representation in arbitration actions, including contested hearings. Mediation conferences are conducted by state agencies or by use of private, court-certified mediators.
• Defense of Administrative Actions and Civil Litigation – Defending claims for damages or for contractual claims, due to lack of insurance or due to exclusion of claims by insurers, in state or federal court. Also may involve claims brought by state, county, or other administrative agencies.