Contact our office for a FREE CONSULTATION to discuss your condominium or community association concerns.
The duties faced by directors of a Florida condominium can often become difficult requiring time, attention and dedication. Our clients
with Florida real property issues reside in the local Florida area or outside of the State of Florida. We assist condominiums associations,
unit owners and investors with their legal issues and concerns ranging from collections to enforcement of violations of restrictive
covenants and all other matters affecting each community including but not limited to:
* Annual meetings and Elections
* Arbitration, litigation and mediation
* Budgets and Reserves *see article herein below*
* Collections, pre-lien demands, rent, liens and foreclosures
* Collections from owners, banks and lenders following foreclosure
* Construction contracts and claims,
* Demand letters
* Denial of rental or purchase applications
* Developer and Converter representation, transition/turnover matters,
warranties, construction defects and financial claims
* Fidelity / theft claims
* Fines, fining committees, hearings on fines, and application of fines
* Housing for Older Persons (55 and over) and
* Insurance claims
* Leasing/Rental issues
* Official records / right of access to records
* Opinion letters
* Recall ballots and meetings
* Water infiltration issues
* All other condominium-related matters.
This year, we find ourselves in a pivotal moment in time when the nation’s economy and real property values are in a critical status. The
values of homes within Florida have fluctuated tremendously with many foreclosures in the aftermath. This in turn has left boards of
directors of each association with varying levels of economic impact on their annual budgets, monitoring occupants and ownership and
related work. The first step is involvement by community members to participate with their board of directors and not to give up.
We provide full-service representation to condominiums by working with their boards of directors and management companies throughout
Miami-Dade, Broward and other areas of Florida.
Condominiums are governed by their Declaration of Condominium, By-Laws, Rules and Regulations and Amendments thereto. It is
important to also apply condominium laws and condominium case law in addition to other statutes and appeals decisions to issues that
Condominiums are often managed by a full-time in-house manager or a management company. The Board of Directors meet periodically
and assist the association at Special Board Meetings in addition to the Annual Meeting, Budget Meeting and Special Assessment Meetings.
Thus, the law firm representing the condominium communicates with the Board of Directors - typically the president.
We will ensure that the association remains satisfied with our services and that the Board of Directors receives fast and effective
representation to make the work of the board members a simple as possible to be able to focus on administration and strategic issues.
Our office represents unit owners on a case by case basis. Unit owners can obtain further information by calling or sending an e-mail to
Contact our offices today to schedule a consultation at (954) 589-0119 or at firstname.lastname@example.org
The information contained on this page and within this website is as-is without any warranty and is not to be construed as legal advice. All
persons interested in obtaining information for a particular situation should contact our office to discuss inquiries.
The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you hire an attorney, you
have a right to ask for further information regarding the attorney's background, training and experience.
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|ANDREW C. DEMOS, P.A.
|Condominium Attorneys and Counselors
|Denying access to common areas to non-paying community association owners:
There is a relatively new statute that relates to condominiums, homeowners associations ("HOA's") and cooperatives allowing denial of use of certain
common areas when an owner is 90 days or more past-due. The denial does not apply to utilities, parking spaces or elevators. There must be notice to
the owner and any tenant and it must be imposed at a board meeting. Other considerations and requirements apply.
Collecting rent from tenants in units that are past-due
Condominiums, HOA's and Cooperatives may demand rent from tenants in units that are past-due in their maintenance. The condominium has the power
to evict tenants failing to pay the condominium in a timely manner under the landlord/tenant statute pursuant to statute. Certain restrictions and notice
Condo board members are deemed to have abandoned their position on the board
In a condominium, a director who is more than 90 days past-due in amounts to the association including assessments, fines or other amounts are deemed
to have abandoned their office. Such a delinquency does not prohibit a candidate for a director position although the financial arrears must be paid prior
to an election to be a viable candidate at the time of the election.
At a homeowner association, a board member past-due 90 or more days in any fee, fine or other monetary obligation may not serve on the board.
Permission to speak at meetings
2011 Florida statutory amendments make it clear that members are permitted to speak as to all items on an agenda at a board meeting. This law applies
to condominium, homeowners associations and cooperative associations.
Board meetings - sunshine requirements
Florida law requires that a board must conduct open meetings to the rest of the membership unless an attorney present discussing pending or proposed
litigation. A condominium or homeowners' association (but not a cooperative) may have a closed meeting regarding personnel matters without an attorney
Condominium and HOA responsibility for past-due maintenance on units it acquires through foreclosure of liens
A condominium and HOA is not required to pay itself as a "subsequent owner" of a unit as to units obtained through foreclosure.
Note: There are frequent changes to the Florida statutes and there are constitutionality or other challenges pending or that were pending regarding one or
more of the foregoing statutes.
|(954) 589-0119 email@example.com
I was asked the following question: “Is it mandatory in the Condo Law for Florida to approve Budgets with Reserves?”
Yes, the budget must include reserves for “capital expenditures and deferred maintenance”, which includes but is not limited to roof replacement, budget
painting, pavement resurfacing or for other amount for which the deferred maintenance expense or replacement cost exceeds $10,000. There is a formula
to compute the amount to reserve based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense for each
item. The reserve assessments may be adjusted each year. More details and information is set forth in The Condominium Act, Fla. Stat., s. 718.112(2)
(e) and (f).
Reserves may be waived or reduced only upon vote of a majority of all nondeveloper voting interests in person or in proxy at a duly called meeting of the
There is statutorily required information that must be stated in any proxy questions related to waiving or reducing reserves.
A copy of the budget must be delivered at least 14 days prior to a budget meeting. An affidavit of compliance regarding proper delivery including all
related provisions of The Florida Condominium Act must be filed with the condominium’s official records.
Ask this office for a consultation regarding your budget or other questions.
|ANDREW C. DEMOS, P.A.
Attorneys at Law
| CONDOMINIUM ASSOCIATIONS