HOMEOWNER LAW

Homeowner Association Lawyer in Orlando, Florida

Whether you are a developer looking to create a condominium association, a board looking to receive legal advice on governance, or a potential homeowner looking to purchase a condominium, the homeowner association lawyer at Legal Counsel, P.A. can assist you with a range of needs including guidance for homeowner’s association boards who need assistance with collections. When collection attempts fail, it is the duty of a board to follow-through on collecting owed dues. Sometimes this may involve providing notice to home owners and in some cases, the board must take out a lien on the property. Legal Counsel, P.A. employs a homeowner association lawyer who can assist with collections and liens. Homeowner’s association boards also have a duty to issue estoppel letters when they are requested. Getting these letters correct is essential because they can impact an association’s rights with collecting owed dues. Legal Counsel, P.A. employs a homeowner association lawyer who can assist you with drafting and reviewing your association’s estoppel letters. Homeowner’s associations also have a duty to enforce their rules. Failure to do so can open the homeowner’s association to liabilities and lawsuits. Yet, when enforcing rules, the board must follow the governing documents and rules of the association, in addition to following local law. Legal Counsel, P.A. employs is a homeowner association lawyer in Orlando, Florida who can help your board with enforcing rules and levying fines, when appropriate. As a developer or a homeowner’s association board, your governing documents are the foundational legal documents that govern the rules for your association and the document that outlines how action is to be taken, when necessary. Without sound governing documents, it can be difficult to enforce collection of dues and enforcement of rules and covenants. Legal Counsel, P.A. employs a homeowner association lawyer who can assist you with drafting your governing documents or review your governing documents so that they protect the association and can also review governing documents if you are considering purchasing a condominium. Homeowner’s association boards have a fiduciary duty to the members of the association. If you have concerns about conflicts of interest, enforcement of rules, or duties when it comes to making accommodations to the rules for residents with disabilities or other needs, consider reaching out to Legal Counsel, P.A. which employs a homeowner’s association lawyer that offers legal guidance in Orlando, Florida.

These are just some of the many issues that can arise when running a homeowner’s association. Legal Counsel, P.A. employs a homeowner association lawyer in Orlando, Florida that can help you with a range of issues that might arise. Let us help you with your documents and your legal needs.  Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

Collections of HOA Dues

A homeowner’s association lawyer can assist your board with the collection of dues and special assessments. When collecting dues, it is important that the board follow the procedures outlined in the association’s governing documents. If there are no procedures in place for collections, the governing documents may need to be first revised. However, the board cannot just unilaterally revise these documents. The board must follow proper procedure, which may involve assembling a quorum, voting, and making amendments. Failure to collect HOA dues in the proper manner can expose the HOA to lawsuits and other issues. Failure to collect dues from all members can lead to challenges whereby dues may be uncollectable. Protect your association. Reach out to Legal Counsel, P.A. an Orlando, Florida which employs a homeowner association attorney who can assist you.

If you are a condominium owner and believe that you are being unfairly assessed or if you dispute the amount owed, you may be able to fight back. Legal Counsel, P.A. employs a homeowner association lawyer who can review your situation and fight for your rights if your HOA is unfairly assessing fees and fines. Contact Legal Counsel, P.A. today.

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Liens for Homeowner’s Associations

When a condominium owner fails to pay dues or special assessments, the homeowner’s association may have the right to place a lien on the property. The process of placing a lien must be followed to the letter of the law to avoid legal exposure. Legal Counsel, P.A. employs a liens lawyer in Orlando, Florida that can assist your association with providing proper notice, providing proper time for the condominium owner to respond, and filing the lien with the courts.

If you are facing a lien being placed on your property due to non-payment of HOA dues, you may have the right to fight back. In some cases, you might be able to negotiate a payment plan with the board. In other instances, you can negotiate a short sale or other measures to repay the debt rather than having a lien placed on your property. Protect your rights and credit, contact Legal Counsel, P.A. which employs a lien lawyer in Orlando, Florida.

Estoppel Letters

Legal Counsel, P.A. employs a homeowner association lawyer who can assist you with estoppel letters. It is the responsibility of the association to provide estoppel letters upon request. Your association may only have 10 business days to provide this letter. Our homeowner association lawyer in Orlando, Florida can draft your estoppel letters. Estoppel letters inform potential buyers about whether a home owner owes money to the HOA. When issuing an estoppel letter, it is important to ensure that the amounts are accurate, because if your association claims that the home owner is current on payments, you may not be permitted to pursue collections or a lawsuit later.

If you are a condominium buyer and need help reading and understanding an estoppel letter before buying, contact Legal Counsel, P.A. Our estoppel lawyer can review all documents to help you identify red flags and understand your rights.

Litigation for Homeowner’s Associations 

When it comes to collecting past due amounts and enforcing an association’s covenants, sometimes collection letters, warnings, fines, and negotiation can resolve the issue. In many instances, hearings and other measures can prevent a situation from reaching litigation. Sometimes, however, litigation is required. Legal Counsel, P.A. employs a homeowner association lawyer who can help you with litigation surrounding collections and covenant enforcement.

If you are a condominium owner in a dispute with your association regarding collections or rule enforcement, you may also want to speak to Legal Counsel, P.A. Our homeowner association lawyer can review your case, look at whether the association is enforcing rules and collections in a uniform manner, and make a case if you are being treated unfairly or in a discriminatory manner. Protect your rights today.

Covenant Enforcement

Condominium owners rely on the enforcement of covenants to preserve the value of their property. It is the responsibility of the board to enforce the rules of the association in a fair and uniform manner. However, when enforcing covenants, it is important that the board follow the association’s governing documents. This may require the board to provide proper notice that a rule has been broken and appropriately fine a person who is in violation, before taking further steps. Contact Legal Counsel, P.A. Our homeowner association lawyer in Orlando, Florida can help you with enforcing the rules of your association if you are a board. Failure to properly enforce rules can expose the board to lawsuits. Enforce your covenants properly.

If you are a condominium owner and believe you are being unfairly targeted or if you believe that your HOA’s rules are not making adequate accommodations for your disability, you may have rights under the law. Contact Legal Counsel, P.A. Our homeowner association lawyer in Orlando, Florida can review your HOA’s rules and take steps to protect your rights.

Governing Documents for Homeowner’s Associations 

The governing documents of your homeowner’s association govern everything from the rules the members of the association are required to follow to how the rules can be enforced. Having clear covenants, conditions, and restrictions in place (CC&Rs) is important if you are a developer creating a condominium, a board looking to enforce rules and collect dues, or a homeowner looking to buy into a condominium property. It is always a good idea for boards to review their CC&R’s periodically to ensure that they are up to date and that rules and enforcement measures are clearly laid out. Contact Legal Counsel, P.A. Our homeowner association lawyer in Orlando, Florida can help you with your CC&R’s, or governing documents.

Board Governance Lawyer 

The board of directors of the homeowner’s association has a fiduciary duty to the members of the association. This means that the board must act in the association’s best interest, must fairly and equally collect dues and enforce rules, and must avoid conflicts of interest. If you have concerns about any of these issues, you may want to retain a homeowner’s association lawyer that your board can consult when questions or concerns arise. Contact Legal Counsel, P.A. Our board governance attorney in Orlando, Florida today.

Legal Guidance for Homeowner’s Associations

If you live in a neighborhood with an HOA, there may come a time when you and the association disagree. There are legal guidelines in Orlando that outline and also restrict the authority of the HOA against the people who reside in the community. As a homeowner, you may be worried that the HOA has violated your rights, but you may not exactly be sure of what your rights are under Florida real estate law. If you’re currently in a dispute with the HOA, it can be a stressful experience. Our homeowner association lawyer at Legal Counsel, P.A. is committed to helping you understand and protect your rights under the full extent of homeowner association law in Orlando.

Our Orlando homeowner association attorney is well-versed in the details and understanding of homeowner association law. We’re prepared to help you if a homeowner association has overstepped their authority and we can give you valuable insight into what you’re legal rights are regarding the HOA agreement. Homeowners and the HOA both have rights and protections under Orlando law, and being aware of homeowner association law is in the best interests of the HOA as well as the resident.

There are a range of situations where homeowner associations will require legal guidance. Our homeowner association lawyer at Legal Counsel, P.A.  offers legal guidance to boards, developers, and to homeowners in Orlando, Florida.  Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

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Over 20 years dedicated to the practice of law.

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ABOUT

Legal Counsel P.A. is a Central Florida based law firm providing legal services to both individuals and business throughout the State of Florida. Have questions? We have answers. Contact Legal Counsel, P.A. today at (407) 982-4321.

LOCATION

CONTACT

  • Main Office

    13330 W. Colonial Drive, #110 Winter Garden, FL 34787

  • Orlando Office

    189 S. Orange Avenue, Ste. 1800 Orlando, FL 32801 (by appointment only)

  • Phone

    407.982.4321

  • Orlando Phone

    407.395.2653

  • Fax

    407.982.2587