Homeowner and Condominium Disputes
Homeowner’s Associations (HOA), condominiums and townhomes are often governed by an elected Board. This Board is elected by the unit/home owners, usually on an annual basis. The Board makes decisions regarding the daily operations of the Association including rules establishment and rules enforcement. Each state’s laws may vary. While Florida’s Statutes govern, each Association can set its own rules based on the state rules.
One thing is certain — disputes and litigation are very common with Florida HOA’s and condo associations. HOA disputes and litigation can be with association members, vendors, builders, developers, contractors, insurers, municipalities, etc.
At KALIS, KLEIMAN & WOLFE we represent the corporation (homeowner’s, condo and townhome association). We look out for the best interests of the association as whole. In addition to creating condominiums, drafting condominium and homeowners’ association documents and amendments to governing documents, acting as attorney in fact and providing general counsel, the Real Estate and Commercial Litigation Attorneys at KALIS, KLEIMAN & WOLFE also handles condominium & homeowners’ association issues and disputes involving, but not limited to:
Common Disputes With Association Members- Collection of unpaid dues and assessments
- Disputes and enforcement actions over bylaws and covenants
- Disputes about common areas (access, upkeep, etc.)
- Neighbor disputes (easements, parking, pets, vegetation, noise, etc.)
- Allegations of fraud, favoritism or arbitrary actions of the board
- Lease violations
- Florida lien foreclosure or eviction
- Tax liens and tax deeds
- Recall petitions and election disputes
- Breach of Contract
- Contract disputes with property managers or service providers
- Florida construction defect litigation
- Defense against mechanic’s liens for non-payment
- Fraud or nonperformance or fraud by developers
- Disputes with condo boards or management
- Association agreements with country clubs, golf courses, marinas, etc.
- Representation before the Department of Business and Professional Regulation
The HOA & Condo Lawyers at KALIS, KLEIMAN & WOLFE provide comprehensive legal advice to home owners associations and their boards of directors in addition to third party representation. KALIS, KLEIMAN & WOLFE helps homeowners’ and condominium associations with any dispute that may arise through general counsel, litigation, mediation and arbitration.
If you considering establishing an association or managing an HOA, contact the experienced Commercial Litigation Attorneys at KALIS, KLEIMAN & WOLFE, the South Florida-based law firm today at (954) 791-0477.
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