Condominium Association Law
Home / Practice Areas / Condominium Association Law
Condominium Law in South Florida
Developers, associations, and other entities face significant challenges in bringing these units to market and managing them effectively. Issues can arise at any stage, and early diagnosis is crucial to maintaining profitability or livability. All parties involved in the ownership and management of condominiums have rights and obligations. Don’t put yourself in a position to be on the wrong side of a legal battle by failing to understand how these layers of legislation impact your situation. The Florida condominium lawyers at Joshua Smith, P.A. are well-versed in these complexities.
Additionally, condominium development is a lengthy process with many potential pitfalls. Developers need a clear plan, vision, and meticulous attention to detail to avoid costly delays and litigation risks. Planning has become even more of a necessity with the recent changes implemented to Florida Statute 718. Lack of attention to the new portions of the law could lead to suspensions of members of the board, as well as civil and even criminal penalties. Our attorneys work closely with developers from pre-planning through post-construction, helping them anticipate issues, take proactive measures, make informed decisions, and protect their legal and financial interests.
Are you a developer that just bought a condominium association and want to do something else with it? Joshua Smith is one of the few lawyers in the State of Florida that has dissolved a condominium association in the last 30 years. Condominium dissolution is extremely rare, so employ an attorney with actual experience, such as Joshua Smith.Â
Florida Condominium Law Practice Areas
Navigating the complexities of condominium law in Florida requires specialized knowledge and experience. Our firm is dedicated to providing comprehensive legal services to condominium associations, unit owners, developers, and management companies. We offer expert guidance on a wide range of issues, ensuring that your rights and interests are protected. Below are the key areas of our Florida condominium law practice:
Condominium Association Governance
We assist condominium associations with all aspects of governance, including drafting and amending governing documents, enforcing bylaws and rules, and advising on board responsibilities. Our attorneys ensure that your association complies with Florida’s condominium laws and best practices.
Dispute Resolution and Litigation
Our firm represents associations, unit owners, and developers in disputes involving violations of governing documents, breaches of fiduciary duty, conflicts between unit owners and the board, and other contentious issues. We strive to resolve disputes through negotiation, mediation, or arbitration but are fully prepared to litigate when necessary.
Amendments to Governing Documents
Governing documents often require updates to reflect changes in the law or the evolving needs of the condominium community. We provide legal assistance in drafting, reviewing, and amending declarations, bylaws, rules, and regulations to ensure they are legally sound and aligned with your community’s goals.
Construction Defects and Warranty Claims
Construction defects can cause significant issues for condominium associations and unit owners. Our firm represents clients in claims against developers, contractors, and other parties responsible for construction defects, seeking repairs, damages, or other remedies under Florida law.
Developer Transition and Turnover
We guide condominium associations through the critical process of transitioning control from developers to the association. Our attorneys ensure that the turnover is conducted in accordance with Florida law, addressing any issues related to financial disclosures, construction defects, and governance.
Insurance Claims and Disputes
Condominium associations often face complex insurance claims related to property damage, natural disasters, and other covered events. We assist with filing claims, negotiating with insurers, and resolving disputes to ensure that associations receive the full benefits of their insurance policies.
Compliance with the Florida Condominium Act
We provide legal counsel to ensure that your condominium association complies with the Florida Condominium Act and other relevant statutes. Our services include advising on board elections, meeting procedures, record-keeping, and other statutory requirements.
Easements, Land Use, and Zoning Issues
Condominium associations and unit owners may encounter issues related to easements, land use, and zoning that impact the property. Our firm provides legal guidance on resolving disputes, obtaining variances, and ensuring compliance with local land use regulations.
Fair Housing and Disability Accommodations
We advise associations on complying with federal and state fair housing laws, including handling requests for reasonable accommodations or modifications from residents with disabilities. Our goal is to help your association meet its legal obligations while maintaining a harmonious community environment.
Disaster Preparedness and Recovery
Florida’s unique climate requires condominium associations to be prepared for hurricanes and other natural disasters. We assist with creating disaster preparedness plans, advising on post-disaster recovery, and handling insurance claims related to storm damage and other disasters.
Vendor and Contractor Disputes
Managing relationships with vendors and contractors is crucial for condominium associations. We represent associations in contracts, services, and payment disputes, working to resolve conflicts and protect the association’s interests.
Short-Term Rentals and Leasing Restrictions
Condominium associations often face complex insurance claims related to property damage, natural disasters, and other covered events. We assist with filing claims, negotiating with insurers, and resolving disputes to ensure that associations receive the full benefits of their insurance policies.
Why Choose Joshua Smith, P.A.?
Our firm’s deep understanding of Florida condominium law allows us to provide tailored legal solutions to meet the unique needs of your condominium community. Whether you are an association seeking to ensure compliance and effective governance or a unit owner protecting your rights, we are here to support you with knowledgeable and effective legal representation.
