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Overview

Hans C. Wahl is a Partner at Jimerson Birr, and his practice areas include community association law; real estate development law; and business and commercial litigation matters.  He is licensed in both Florida and Georgia and is Board Certified in Condominium and Planned Land Development Law by the Florida Bar.  Mr. Wahl is the head of Jimerson Birr’s Condominium and Homeowners’ Association Industry Group.  He represents various community associations, property owners and developers throughout Florida, handling everything from complex legal issues to day-to-day operational needs. Mr. Wahl ensures his association clients are optimizing their assessment revenue, properly enforcing their covenants and restrictions, and protecting their financial interests, legal interests, and property rights.

As an attorney who is Board Certified in Condominium and Planned Land Development Law, Mr. Wahl is considered an expert and specialist at (1) serving as counsel to community associations, property owners, community association members, sellers, purchasers, developers, lenders, governmental agencies, and investors in matters related to community associations and planned developments; (2) drafting governing documents or their amendments, and preparing filings with governmental agencies that regulate community associations or planned developments; (3) serving in or for governmental agencies which regulate community associations or planned developments; (4) representing parties in construction lien and defect claims; collection of assessment actions, governing document and community association statutory enforcement and dispute actions, and other litigation, arbitration, and mediation in matters relating to community associations or planned developments; and (5) the planning, development, construction and financing of condominium and planned development communities.

Prior to becoming an attorney, Mr. Wahl was a business major graduating from the University of Florida’s Warrington College of Business, earning dual degrees in Finance and Business Management. He worked for nearly a decade within the financial industry for two Fortune 500 companies, and he considers those experiences invaluable to his business and commercial litigation matters.  Mr. Wahl utilizes his extensive business background and financial industry knowledge to better serve his corporate clients in matters involving AR collections, business torts, franchising, corporate formation, secured transactions, bankruptcy issues, contract negotiations, and various contractual disputes.

Mr. Wahl earned his Juris Doctor from Florida Coastal School of Law, graduating magna cum laude and in the top three percent of his class. He additionally served two years as board member and treasurer for the Christian Legal Society at Florida Coastal School of Law.  Born and raised in Jacksonville, Florida, Mr. Wahl represents the third generation of his family who chose to make Jacksonville his home, where he resides with his wife, three boys and two dogs.  He is also a licensed foster parent through Kids First of Florida.

  • Honors and Recognition

    • Board Certified in Condominium and Planned Land Development Law by the Florida Bar
    • Lorman Legal Educational Services Distinguished Faculty Member
    • Approved Course Provider by the Florida Department of Business and Professional Regulation, Division of Condominiums
    • National Honor Society – Summa Cum Laude
  • Bar and Court Admissions

    • The Florida Bar
    • The Georgia Bar
    • S. District Court – Middle District of Florida
    • S. Bankruptcy Court – Middle District of Florida
    • S. District Court – Middle District of Georgia
    • S. Bankruptcy Court – Middle District of Georgia
    • S. District Court – Southern District of Georgia
  • Education

    • Florida Coastal School of Law, Juris Doctor
      magna cum laude, Law Review, Moot Court, Mock Trial, Dean’s Honors
    • University of Florida
      Bachelor of Science; double major in Finance and Business Management
      Golden Key National Honors Society

     

  • Representative Matters

    Condominium and Homeowners’ Association Law

    • Regularly acts as general counsel for numerous homeowners’ associations, condominium associations, and other community developments throughout the State of Florida.
    • Regularly acts as litigation counsel for numerous homeowners’ associations, condominium associations, and other community developments throughout the State of Florida.
    • Routinely develops formal collection strategies and policies for community associations for the enforcement and collection of assessments.
    • Regularly facilitates community association annual meetings and board of director elections.
    • Routinely educates and mentors board members and community association managers on the Florida Condominium Act, the Florida HOA Act and the Florida Non-Profit Corporation Act.
    • Regularly assists community associations with drafting, passing and recording amendments to their declarations, articles of incorporation and bylaws.
    • Routinely drafts and records claims of lien against property owners for delinquent assessments.
    • Regularly files actions to foreclosure and for money judgments on behalf of community associations and against owners who are delinquent in paying assessments.
    • Consistently defends community associations’ lien rights in lender foreclosure actions.
    • Routinely files motions to accelerate lender foreclosure actions, compelling banks to obtain expedited final judgments so that foreclosed properties begin generating assessment revenue for community associations once again.
    • Regularly drafts demand letters and estoppel certificates to financial institutions that foreclose on properties, making demand for all amounts owed to associations per Florida Statutes.
    • Routinely drafts notices to owners and tenants regarding rules violations, such as unauthorized alterations, parking violations, noise violations and other nuisance violations.
    • Regularly assists community associations with issuing fines, implementing use-right suspensions to common elements and voting suspensions for unit owners and tenants who have unpaid assessments and commit other rules violations.
    • Routinely drafts demand letters to tenants making demand for payment of rent to associations to satisfy the owners’ past-due assessments.
    • Assists community associations with addressing service animal/ support animal requests from unit owners and tenants.
    • Regularly advises condominium associations on right of access to units for performing routine maintenance and making necessary repairs pursuant to state law.
    • Filed arbitration petition and declaratory action on behalf of property owners challenging the annual election of board of directors.
    • Assisted property owners with recalling board members.
    • Represented community association in bench trial involving unpaid assessments and other charges levied against a property owner and awarded final judgment for association for full damages sought.
    • Drafted opinion letter for community association regarding the implementation of online voting.
    • Drafted opinion letter for condominium association on the process and procedure for proposing, passing and implementing new rules and regulations.
    • Drafted opinion letter for condominium association on the responsibility for landscaping expenses on association property pursuant to its governing documents.
    • Drafted opinion letter concerning the enforcement of community association architectural controls and standards.
    • Drafted opinion letter on the liability of lenders who foreclose on properties according to the safe harbor provisions of the Florida Condominium Act and Florida HOA Act.
    • Drafted opinion letter addressing unauthorized material alterations to units, common elements and limited common elements.
    • Advised board members on disclosing conflicts of interest prior to approving association contracts pursuant to Florida’s Non-Profit Corporation Act.
    • Drafted opinion letter for homeowners’ association on granting variances to certain covenants and restrictions, such as parking restrictions.
    • Assisted community association with the partition and sale of common property area for redevelopment.
    • Represented developer in turnover dispute with condominium association.
    • Regularly represents community associations in turnover disputes with developers.

    Business Litigation

    • Routinely represents businesses in six and seven dollar figure disputes and regularly obtains final judgments in favor of clients.
    • Represented building contractor in bench trial involving breach of contract claims against sub-contractor and awarded final judgment in client’s favor for full damages sought.
    • Obtained final summary judgment against subcontractor for breach of teaming agreement.
    • Successfully mediated settlement between two entrepreneurs in contractual dispute over the purchase and sale agreement for a limited liability company.
    • Assisted franchisor in successfully obtaining past-due payments owed from delinquent franchisee under franchise agreement.
    • Engaged to file suit against corporation and its officers/directors for continuing to operate business while dissolved.
    • Drafted Petition for Writ of Certiorari to Florida’s First District Court of Appeal on behalf of homeowner whose constitutional rights were violated during lender foreclosure action.
    • Successfully mediated dispute between business and ex-employee involving covenant-not-to-compete and non-solicitation agreement.
    • Engaged to file suit against roofing company for failing to properly install tile roof according to Florida Building Code.
    • Represented medical supplies provider at summary judgment hearing and obtained six-figure judgment in client’s favor.
    • Engaged to review, edit and revise LLC operating agreement to ensure compliance with Florida’s Revised Limited Liability Company Act.
    • Engaged to protect local land developer’s multi-million dollar investment in major construction project.
    • Negotiated employment contract between independent contractor and business to ensure the property and business interests of independent contractor were protected.

    Creditors’ Rights and Commercial Collections

    [expand]
    • Regularly engages to file suit and obtain final judgment against debtors on behalf of creditors with delinquent receivables.
    • Routinely assists creditors in pursuing debtors in post-judgment collections, including bank garnishment actions, wage garnishment actions, personal property levies, vehicle levies, and various other post-judgment collection actions.
    • Regularly negotiates six and seven figure post-judgment settlement payment plans on behalf of judgment creditors once final judgment has been rendered against debtors.
    • Files Proofs of Claims in debtors’ bankruptcy actions to assert creditors’ rights to property for satisfying outstanding judgment balances.
    • Routinely obtains relief from the bankruptcy code’s automatic stay for pursuing foreclosure actions against debtors’ real property.
    • Successfully represented small business in post-judgment proceedings supplementary action to impute money judgment onto debtor’s LLC.
    • Facilitated the assignment of secured interest in real property, allowing judgment creditor to partially secure its outstanding judgment claim.
    • Engaged to assist small business with collecting six-figure debt owed by its customer.
    • Received full value settlement on behalf of five star resort from several of resort’s prior residents who failed to pay for services rendered.
    • Engaged to protect creditor’s secured interest under UCC regarding vehicles where creditor provided lender financing.
    • Engaged to domesticate foreign judgment obtained by creditors in Tennessee and to pursue judgment debtor in Florida.
    • Engaged to domesticate Florida judgment in Georgia and to pursue judgment debtors in Georgia.
    • Obtained six-figure judgment on behalf of financial institution and against debtors for defaulting on personal guaranty for commercial loan.

    Real Estate Law

    • Routinely files for tenant eviction actions.
    • Regularly files motions for and executes on writs of possession for landlords needing to evict tenants.
    • Engaged to defend eminent domain action.
    • Engaged to assist land developer concerning issues with local government authorities that hindered developer’s construction projects.
    • Negotiated settlement payment plan on behalf of land developer and landlord for full value of final judgment against tenant who breached commercial lease for office space.
    • Assisted property owner with protecting her interests in residential property after tenants were committing waste.
    • Engaged to assist residential landlord in securing prior tenant’s security deposit for damage done to rental property.
    • Successfully defended lender foreclosure action on behalf of homeowner.
    • Filed memorandum of law in contested seven-figure foreclosure action concerning the banking statute of frauds.

    PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME

  • Selected Publications and Lectures

    Presentations

    • Navigating Community Associations Through the COVID-19 Pandemic,” Community Association Institute, Northeast Florida Chapter, April 2020.
    • Homeowners’ Association Board Member Certification Course,” CAM CE approved course by the Department of Business and Professional Regulation, Division of Condominiums, (regularly scheduled course).
    • Condominium Association Board Member Certification Course,” CAM CE approved course by the Department of Business and Professional Regulation, Division of Condominiums, (regularly scheduled course).
    • Developer Turnover for Community Associations,” CAM CE approved course by the Department of Business and Professional Regulation, Division of Condominiums (regularly scheduled course).
    • Community Association Emergency Powers and Hurricane Preparedness,” CAM CE approved course by the Department of Business and Professional Regulation, Division of Condominiums, June 2019.
    • Handling Delinquent Customers: Legal Action and Collection Methods,”
      Lorman Seminars, May 2019.
    • Community Association Board Member Certification Course,”
      Community Association Institute, Northeast Florida Chapter Expo, April 2019.
    • Community Association Board Member Certification Course,”
      Community Association Institute, Northeast Florida Chapter Expo, May 2018.
    • Handling Delinquent Customers: Legal Action and Collection Methods,”
      Lorman Seminars, April 2018.
    • Community Association Common Element Restoration and Repair,”
      Community Association Experts Group, February 2018.
    • 2017 Legislative Update for Community Association Law,”
      Community Association Institute, Northeast Florida Chapter, July 2017.
    • Legal Aspects of Condominium and Homeowners Associations in Florida,
      Lorman Seminars, September 2016.
    • What to Expect in 2016 for Community Association Law,
      Community Association Institute Northeast Florida Chapter, January 2016.
    • Legal Aspects of Condominium and Homeowners Associations in Florida,
      Lorman Seminars, September 2014.

    Publications

  • Organizational Affiliations

    Mr. Wahl is a member of and has served or serves on various associations, committees, and professional and trade organizations, including but not limited to:

    • The Florida Bar (Business Law and Real Estate Section)
    • The Georgia Bar (Creditor’s Rights and Business Law Section)
    • The Jacksonville Bar Association
    • Community Association Institute
    • Town of Orange Park
    • Kids First of Florida – Licensed Foster Parent
    • Neighbor to Family
    • The University of Florida Alumni Association and local Gator Clubs
    • The Jacksonville Chamber of Commerce
    • Florida Coastal School of Law – Alumni Member
    • Christian Legal Society (FCSL Chapter)
    • American Bar Association
    • Christ’s Church Volunteer

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Industries

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News

Community Association Board Member Certification Course (Webinar for Community Associations Industry)
  1. Events
Community Association Board Member Certification Course (Webinar for Community Associations Industry)

On February 9, 2021, Partner Hans C. Wahl will present Community Association Board Member Certification Course, a webinar for the

Legal Hot Topics Lunch-and-Zoom Event (For CAI Members)
  1. Events
Legal Hot Topics Lunch-and-Zoom Event (For CAI Members)

On January 21, 2021, partner Hans C. Wahl will be a panelist for Community Associations Institute's Lunch-and-Zoom event, "Legal

Resources

The Bankruptcy Code: The Automatic Stay – How it Impacts Debtors, Creditors and Trustees
  1. Banking & Financial Services Industry Legal Blog
The Bankruptcy Code: The Automatic Stay – How it Impacts Debtors, Creditors and Trustees

What happens when a debtor is granted an automatic stay in bankruptcy court? Essentially, it halts creditors and potential

Recommendations for How to Avoid a Consumer Protection Violation
  1. Banking & Financial Services Industry Legal Blog
Recommendations for How to Avoid a Consumer Protection Violation

Many laws have been passed in both the United States and the State of Florida to protect the rights of consumers. As a result, it

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