LEGAL GUIDANCE

Legal Guidance for Homeowner’s Associations in Orlando, Florida 

If you are a developer establishing a new condominium, you may have certain obligations and responsibilities under the law. Having the right legal documents and formulations in place can protect your association from lawsuits and can protect your association when the time comes to collect dues or make special assessments. A range of legal issues can arise with homeowner’s associations. These issues can include litigation regarding collections of dues and special assessments and litigation regarding the enforcement of rules and covenants. A homeowner’s association may need to take additional measures to protect itself, such as placing liens on condominiums, when condo owners don’t pay their dues. Every homeowner’s association also has a board with a fiduciary duty to serve the interests of the owners and members of the association. From time to time, questions might arise about conflicts of interest, fiduciary duty, or enforcement of the rules. Homeowner’s associations must also keep up to date records and legal documents. This includes having up-to-date governing documents that will best protect the association and having estoppel letters ready in a timely manner when they are requested.

As you can see, the legal issues that homeowner’s associations can face can be manifold. It can be very helpful to have a homeowner’s association lawyer on your side for legal guidance. If your board or homeowner’s association hasn’t retained a lawyer yet, now might be the time to consider hiring an attorney. Legal Counsel, P.A. employs a homeowner’s association lawyer in Orlando, Florida who offers legal guidance to homeowner’s associations in Orlando, Florida.

Common Legal Issues Homeowner’s Associations and Their Boards Might Face 

When a homeowner’s association or board fails to honor its duties and obligations, it can face a range of legal issues. What are some common problems and legal concerns that an HOA or its board can encounter? What are some of the solutions? Legal Counsel, P.A. employs a homeowner’s association lawyer in Orlando, Florida who offers legal guidance to boards and homeowner’s when conflicts arise.

  • Board Fails to Follow the Rules of the Governing Documents. The board must understand the rules by which the association must be run. Every board member should understand the rules and governing documents. If your board has questions about these documents, it might be wise to hire a homeowner’s association board lawyer like Legal Counsel, P.A. which employs a homeowner’s association lawyer who can offer you the legal guidance you might need in Orlando, Florida. When enforcing rules or when seeking owed dues from owners, it is important that the board follow its own rules for notifying association members and for assessing fees. Failure to do this in a uniform and legal manner can create problems for the board and even expose the homeowner’s association to lawsuits.
  • Board Fails to Maintain the Property. The board has a responsibility to stay on top of needed maintenance and repair for the property and must hire someone to manage or do this if the board isn’t doing it. Failure to maintain the property can result in lawsuits or other issues. Legal Counsel, P.A. employs a homeowner’s association lawyer in Orlando, Florida who can help you understand your board’s responsibilities and duties.
  • Failure to Enforce Rules. If condominium owners break the rules, and the board fails to enforce the rules, or if the board unfairly targets only some owners, problems can arise. It is important that the board enforce the rules uniformly and use procedures outlined in the governing documents. Legal Counsel, P.A. employs a homeowner’s association lawyer who can help you with these procedures.
  • Problems with the Governing Documents. If there are omissions in the governing documents, such as a lack of clarity for how the rules should be enforced, then the governing documents may need to be amended or revised. Legal Counsel, P.A. employs a homeowner’s association lawyer who offers legal guidance for developers and HOA boards regarding governing documents.
  • Managing the HOA’s budget can seem like an overwhelming task. Many HOA boards hire management companies to assist them with the day to day operations of the association. However, when it comes to collecting dues and balancing the budget using special assessments, the board may ultimately be on the hook.
  • It is the responsibility of the board to call meetings at intervals stated in the governing documents and to get the proper quorum. Members can either attend the meeting or turn in a proxy form. If you need assistance with getting a quorum, contact Legal Counsel, P.A. which employs a homeowner’s association lawyer offering legal guidance to homeowner’s associations in Orlando, Florida.

These are just some of the legal issues that can arise with a homeowner’s association. If you are a condo owner, you can also face unique challenges. Condo owners may find themselves facing litigation if they feel that a board is discriminating against them when it comes to enforcing the rules. For example, the homeowner’s association may be required to accommodate a person who has a disability. Furthermore, if an HOA rule is in violation of state or federal law with regards to property owner’s rights, the HOA rule may not be enforceable. If you are facing a battle about your rights, you may want to speak to a homeowner’s association lawyer. Homeowners may also want to fight back if they feel that the association is mishandling money. Or, they may need to take the association to court if there is a disagreement about the dues paid. These are just some of the issues that can arise. If you have questions about your rights, contact Legal Counsel, P.A. which employs a homeowner’s association lawyer offering legal guidance in Orlando, Florida. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

Hire a Homeowner’s Association Lawyer in Orlando, Florida Today 

Whether you are a condominium developer, a member of the HOA board, or just a condominium owner, from time to time, you may need the counsel of a homeowner’s association lawyer. The laws governing HOAs can sometimes be complex. Protect your rights and protect your development. Legal Counsel, P.A. employs a homeowner’s association lawyer who offers legal guidance for homeowner’s associations and condominium owners in Orlando, Florida. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

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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.

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  • 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)

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    407.395.2653

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