Condos & HOAs

We strive to provide affordable, attentive and aggressive representation and protection of our clients’ interests.   We work with board members and community association managers to find personalized solutions to the issues the community faces and develop strategies that enable the community association to remain fiscally healthy in these challenging economic times.”

Legal Counsel for Community Associations

We provide legal counsel regarding the application of Florida statutes, DBPR regulations, court rulings and administrative decisions that impact condominium and homeowners associations.

We counsel board members and community association managers regarding the application and enforcement of the community association’s governing documents (Declaration of Condominium, Declaration of Covenants and Restrictions, Articles of Incorporation, By-laws, and Rules and Regulations).

We assist the Board of Directors with respect to fiscal matters such as budgeting, properly levying special assessments and establishing and maintaining reserves. We draft, review and negotiate contracts with service providers for the management, maintenance and repair of the community.


Association Governing Documents

Florida laws governing condominium and homeowners associations have changed significantly in the past few years and may continue to change in response to current economic conditions. It is important to have legal counsel regularly review your community association’s governing documents to ensure that they reflect current law and include provisions that are enforceable and beneficial to the community.

We review and interpret your community association’s existing governing documents to determine whether they are compliant with current Florida law and continue to serve the best interests of the community. If governing documents contain provisions that are ambiguous or enforceable or lack provisions necessary to enforce community association rights, we will suggest and draft amendments that are simple to understand and enforce.

We will assist you with interpreting your community association’s procedures for amending these governing documents, including the proper notification and voting process, and provide you with constructive ways in which to present these proposed amendments to the unit owners.


Association Covenant and Rules Enforcement

If your community is like most, it includes a select few unit owners and tenants who believe that the association’s rules do not apply to them. In order to preserve property values, maintain the legitimacy of the association’s governing documents, and to maintain order in the community, it is essential that board members and managers address and correct violations in a prompt and consistent manner.

Enforcement techniques may include fines, suspension of use rights, and if practicable, evictions, pre-suit mediation, arbitration and litigation. We assist board members and community association managers in utilizing these techniques to enforce these rules and regulations in accordance with Florida law and the governing documents. Failure to follow the legally correct procedures may expose the board to liability.


Condominium and HOA Collections 

In this difficult economy, an association’s board of directors needs collection attorneys who utilize all techniques available under Florida law and the association’s governing documents to aggressively pursue and collect past due assessments from delinquent unit owners. We assist board members and community association managers in the collections process from the initial demand for payment to the judgment of foreclosure and/or deficiency judgment. We are in constant contact with board members and community association managers to develop and maintain a unified approach to collection of past due assessments on a case-by-case basis. We negotiate payment plans with delinquent unit owners and enforce the association’s right to collect rent from tenants who lease from delinquent unit owners.

The combined effect of a unit owner being delinquent in paying assessments and also involved in a mortgage foreclosure can wreak havoc on an association’s finances. Bank mortgage foreclosures, more often than not, take a very long time to complete. Meanwhile, the association is seeing squat in the way of past due and current assessments. Through their attorneys, associations need to apply pressure to these foreclosing banks in order to speed up these stalled foreclosure actions and to recover most or all of the past due assessments and legal fees and costs the association is used.


We represent Condominium Associations and Homeowners Associations in Miami-Dade, Broward, Palm Beach and throughout Florida. We can assist you with respect to a specific issue, on a case-by-case basis, or become your full-time legal counsel. If your community association needs help with any community association law matter, call us at (305) 403-0641 or email us at info@msquaredlaw.com.