Condominium and Homeowners Association Law
You have been elected to the Board of your condominium or homeowner’s association. Congratulations! Now what?
Condominium and homeowners association board members have fiduciary duties, as well as important rights and responsibilities. Navigating the many legal issues that arise requires counsel with experience in the complex legal regulations which govern these entities as well as experience in litigation, real estate and construction. Haber Law has competent skilled attorneys in all of these areas. We represent high rise waterfront condominiums in the South Florida area and we specialize in luxury condominium representation. You are a volunteer Board member and we are getting paid to assist you. We are timely and efficient in our communications in order to make your job as a board member easier. We don’t waste your time and thus we keep your legal expense reasonable and fair.
We have published extensively on the area of condo and homeowners association representation, including articles on:
Partners David Haber & Franchesco Soto, along with law clerk Brett Silverberg, authored 'Supreme Court's Latest Construction Defect Decision and Its Impact on Construction Insurance Claims," published in the Daily Business Review. - January 16, 2018
Partners David Haber and Franchesco Soto, along with law clerk Brett Silverberg, authored 'Florida Supreme Court's Latest Construction Defect Decision: Triggering the Insurer's Duty to Defend in the Pre-Suit Process,' published in the statewide Florida Community Association Journal. - January 12, 2018
Founding Partner David Haber and Senior Associate Attorney Jonathan Goldstein authored 'After Irma: Examining the Association Loss Prism,' for the Florida Community Association Journal. - November 2, 2017
Senior Associate Attorney Jonathan Goldstein authored an article for the Florida Community Association Journal's "Welcome Back, Snowbirds!" edition: "Embrace the Digital Revolution." - October 26, 2017
Founding Partner David Haber and Partner David Podein authored 'Hurricane Irma: Tips for Navigating Your Way Through the Insurance Claim Process,' Florida Community Association Journal. - September 15, 2017
Attorneys David Haber, Jonathan Goldstein, and law clerk Brett Silverberg provide a "2017 Community Association Legislative Update," published in the statewide Florida Community Association Journal. - August 10, 2017
Haber Law attorneys David Haber, Jonathan Goldstein and Alex Leon authored an article published in the Florida Community Association Journal: "The 2017 Spring Legislative Session: Medications for Community Association Corruption (May Have Serious Side Effects)." - May 11, 2017
In a front page Daily Business Review story, Haber Law Founder David Haber provides commentary and analysis in, "Real Estate Finance Company Embroiled in Lawsuit Lauds Denial of Class Certification." - March 9, 2017
In the Florida Community Association Journal, Founding Partner David Haber and Senior Associate Jonathan Goldstein offer guidance for incoming board members: "Material Alterations: By Definition a Big Deal." - March 6, 2017
The Daily Business Review quotes Founding Partner David Haber in a story about the firm's condominium construction defect case that ballooned to 18 defendants and settled for millions. - September 30, 2016
Our extensive experience representing condominium and homeowners associations throughout South Florida includes:
- General Representation
- Developer or successor developer disputes
- Construction and design defects under Florida law (including Chapter 558 and 718 claims)
- Association lien foreclosures and debt collections
- Disputes between unit owners and the association
- Disputes between the sub-association and the master association
- Disputes between neighboring associations
- Negotiating, drafting, amending and terminating property management contracts
- Drafting, amending and interpreting association governance documents
- Negotiating and drafting service provider contracts
- Nuisance claims, breach of quiet enjoyment and noise lawsuits
- Enforcing governing documents against unit owners and residents
- Water intrusion, leaks and property damage litigation
- Election disputes, recall elections and administrative hearings regarding elections and owners’ rights.
- Claims for or against officers and directors for breach of fiduciary duty or negligence
- Declaratory and injunctive relief actions on behalf or against associations
- Administrative proceedings before governmental and regulatory agencies regarding code violations, certificates of occupancy, certificates of use and other matters
- Division of Condominium Arbitrations
- Insurance claims by the Association for casualty loss
- Unit owner bankruptcy proceedings
- Termination of Condominiums
- Federal FHA, ADA and other Florida state law claims regarding handicapped parking, access to common elements, emotional support animals or other claims of housing discrimination
Providing quality day to day legal counsel to condominium and homeowner’s associations is among the firm’s chief areas of practice, and it continues to grow based upon the quality of our representation and the degree of responsiveness which we provide our clients. Haber Law provides a virtual telephonic and e-mail hotline to immediately answer questions and address the challenges facing board members in modern associations.
Our legal team also includes skilled litigators who excel at identifying problems and formulating proactive strategies early on. Our clients take full advantage of our in-depth knowledge of the many overlapping areas of law that impact condominium and homeowners associations, including real estate law, environmental and land use law, construction law, insurance law, lien collections, housing law and business law. By bringing so many diverse areas of practice to our representation, Haber Law is able to skillfully assist in the resolution of most of the legal issues that arise in connection with the management and operations of condominiums and homeowners’ associations.