Condominium and Homeowners Association Law
If you’ve been elected to serve on the board of your condominium association, congratulations and thank you for your volunteer service! Condominium and homeowners association board members have fiduciary duties, as well as important rights and responsibilities. Associations face a myriad of operational challenges both simple and complex. Navigating the many legal issues that arise requires counsel with experience in the complex covenants, case law, statutes, and legal regulations which govern associations, as well as experience and expertise in related litigation, real estate and construction. Haber Law has competent, skilled condo association attorneys in all of these areas. Partners David B. Haber and Jonathan S. Goldstein are Board Certified by the Florida Bar in Condominium and Planned Development Law.
We represent all types of condominiums and homeowners associations in the South Florida area, with an emphasis on representation of luxury, high-rise, and/or waterfront condominiums. Haber Law understands that condominium and homeowners association lawyers must be creative problem solvers and innovative strategic thinkers, emphasizing solutions and actions plans, and the follow up needed to see them through. 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. We strive for efficiency and cost effectiveness. Whether negotiating your contracts, fighting for your rights and claims in litigation, or finding solutions to complex challenges, we leverage our expertise and experience to bring value and peace of mind to your community.
The extensive experience of our condominium lawyers in representing condominium and homeowners associations throughout South Florida includes:
- General Representation
- Developer or successor developer disputes, including litigation and compliance involving bulk buyers and bulk assignees.
- Construction and design defects under Florida law (including Chapter 558, Florida Building Code, and Chapter 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 and issues relating to insurance coverage
- 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
Day-to-Day Representation of Condominium and Homeowners Associations
As lawyers for condo associations, providing quality day-to-day legal counsel to condominium and homeowners associations is among the firm’s chief areas of practice, and it continues to grow based upon the quality of our condo association attorneys’ 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 of condo association lawyers Florida also includes skilled litigators who excel at identifying problems and formulating proactive strategies early on. We have extensive experience litigating and arbitrating on behalf of both condominium associations and unit owners. 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, our condo attorneys South Florida are 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.
Turnover and Complex Litigation
Turnover, the moment when unit owners other than the Developer take control of their association, is one of the most critical moments in the life-cycle of a condominium or homeowners association. The clock is ticking on a complicated and extensive due diligence process to evaluate and discover various types of potential claims on behalf of the association and its membership. The Association has a finite period of time in which to pursue claims arising from construction defects, statutory and governing document violations, accounting violations, expense allocations, and issues involving master association control and governance, among a host of other challenges. We have a demonstrable track record of securing beneficial results in the turnover process, and our dedicated team of renowned and nationally recognized construction litigators specialize in pursuing post-turnover construction defect claims for condominium and homeowners associations.
Representation of Owners
As lawyers for condo owners, we understand the unique challenges and procedural hurdles that condo owners face when having to enforce their governing documents and statutory protections, navigate complicated political dynamics, and pursue claims based upon violations of personal and property rights, and rights to transparency and financial disclosures.
We have published extensively on the area of condo and homeowners association representation. To learn more about our expertise as condo attorneys in South Florida, click here to read news and articles that cover many areas of our work.
Contact a Reputable Condominium and Homeowners Association Law Practice
For more information about our condominium and homeowners association law practice, please contact us online or call 305.379.2400. Our Miami-based attorneys handle condominium and homeowners association law cases throughout South Florida.