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A: Condominiums are affected by Florida Statutes, Florida Administrative Code, the declaration of condominium, the articles of incorporation, the bylaws of the association, and the rules and regulations promulgated by the condo board.
A: “In Florida, condominiums are creatures of statute and as such are subject to the control and regulation of the Legislature.” Century Village, Inc. v. Wellington Condominium Ass’n, 361 So. 2d 128, 133 (Fla. 1978). Florida condominium law is found in Chapter 718, Florida Statutes, known and cited as the “Condominium Act.” Chapter 718 consists of seven parts. Part I discusses the general provisions of condominium law. Part II discusses the developer’s rights and obligations. Part III discusses the association’s rights and obligations. Part IV discusses special types of condominiums. Part V discusses the regulation and disclosure prior to the sale of residential condominiums. Part VI discusses conversions to condominium, and Part VII discusses relief for distressed condominiums.
Source: Fla. Stat. § 718.101, et seq.
A: The Condominium Act grants to the Division of Condominiums, Timeshares, and Mobile Homes the authority to promulgate administrative rules intended to implement, enforce or interpret the Condominium Act. These rules are incorporated into the Florida Administrative Code (F.A.C.) as part of Chapter 61B-15 through 61B-24, or in Chapters 61B-45 or 61B-50.
A: The declaration of condominium is the document or the set of documents that actually creates the condominium. Condominiums are created when the declaration of condominium is recorded in the public records of the county where the land is located, executed and acknowledged with the requirements for a deed. All units described in the declaration as being located in or on the land then being submitted to condominium ownership shall come into existence. Section 718.104, Florida Statutes describes all that is required to be included in the declaration. The declaration includes within its definition any amendments which may be made to it, and all exhibits which are attached and incorporated by reference. The typical exhibits to the declaration include the document or documents creating the association, a copy of the bylaws, a survey of the land, a graphic description of the land, and a plot as demonstrated by building plans, floor plans, maps, surveys, or sketches.
Source: Fla. Stat. § 718.104.
A: The articles of incorporation is the original document creating the association. The articles of incorporation may establish either a for-profit or not-for-profit-corporation to establish the condominium. Under most circumstances, the articles of incorporation establish a “corporation not-for-profit” under Chapter 617 of the Florida Statutes to govern the condominium.
A: The bylaws of the association govern the operation of the association, which may include methods of adopting and amending administrative rules and regulations governing the use of common elements, the restrictions and regulations regarding the use, maintenance, and the appearance of the units and their use of the common elements, provisions for giving electronic notice for board, committee, annual, and special meetings. The bylaws may also contain other provisions that are not inconsistent with the Florida Condominium Act or with the declaration, as may be desired.
Source: 10 Fla. Jur 2d Condominiums, Etc. § 105
A: The condominium association has the authority to pass reasonable rules and regulations that relate to the elements of the condominium that affect the owners as a whole, such as whether pets are allowed, the use of parking spaces and the weight of vehicles. Rules and regulations are created to promote the health, happiness, and peace of mind of the majority of the unit owners since they are living in close proximity and using common facilities. However, these rules may not be arbitrary or capricious. Additionally, compared to the restrictions within the declaration of the condominium, the rules and regulations do not have a strong presumption of validity and enforceability.
Source: See Unit Owners Ass’n of Buildamerica-1 v. Gillman, 292 S.E. 2d 378, 385 (Va. 1982); Juno By the Sea North Condominium Ass’n (The Towers), Inc. v. Manfredonia, 397 So. 2d 297, 298 (Fla. 4th DCA 1980). Hidden Harbour Estates, Inc. v. Norman, 309 So. 2d 180, 181-82 (Fla. 4th DCA 1975). Id. at n.45.
A: The official records of the association must be maintained within the state for at least 7 years. As of January 1, 2019, an association managing a condominium with 150 or more units shall post digital copies of many of the official records on its website. The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times.
Source: Fla. Stat. § 718.111(12)(b).
A: A copy of the plans, permits, warranties, and other items provided by the developer pursuant to Fla. Stat. § 718.301(4); a photocopy of the recorded declaration and each amendment; a photocopy of the recorded bylaws and each amendment; a certified copy of the articles of incorporation and any amendments; a copy of the current rules of the association; minutes of all meetings of the association, the board, and the unit owners; a current roster of all unit owners, including their mailing addresses, unit identifications, voting certifications, telephone numbers if known, and email addresses of unit owners consenting to receive notice by electronic transmission; current insurance policies of the association; current copy of any management agreements, leases or other contracts; bills of sale for all property owned by the association; accounting records for the association and separate accounting records for each condominium that the association operates including records of all receipts and expenditures, a current statement of account for each unit, all financial reporting statements and, all bids and contracts for work to be performed; ballots, sign-in sheets, and voting proxies for only one year; all rental records; a copy of the current question and answer sheet according to Fla. Stat. § 718.504; a copy of the inspection report; and, all other records relating to the operation of the association.
Source: Fla. Stat. § 718.111(12)(a).
A: Unit owners shall not have access to a record that was: 1) prepared by an association attorney or prepared at the attorney’s express direction which reflects a mental impression, conclusion, litigation strategy or legal theory that was prepared exclusively for civil or criminal litigation until the conclusion of the case, as this correspondence is protected by the attorney-client privilege; 2) information obtained in connection with the approval of the lease, sale, or other transfer of a unit; 3) personal records of association or management company employees, such as disciplinary, payroll, health, and insurance records, but does not include written employment agreements that indicate compensation paid to an association employee; 4) medical records of unit owners; 5) Personal information of the unit owner, excluding the owner’s name, contact information and, unit designation; 6) electronic security data; and (7) the software and operating system used by the association.
Source: Fla. Stat. § 718.111(12)(c).
A: All unit owners are members of the association as an appurtenance to their ownership of a condominium unit, but no owner may act for the association simply by being a member.
Source: Fla. Stat. § Section 718.111(1).
A: Yes, in some circumstances. The association has the irrevocable right of access to each unit when necessary for maintenance, repair, or replacement of any common element or of any portion of a unit to be maintained by the association pursuant to the declaration. Furthermore, the association may access a unit as necessary to prevent damage to common elements or to another unit. Access must occur during reasonable hours.
Source: Fla. Stat. § 718.111(5).
A: An association cannot delegate its responsibility to operate and maintain the condominium, but it can delegate the authority to carry out the board’s policy. To that end, many associations choose to contract with an outside individual or managing entity, however the Condominium Act does not require any condominium association to do so. The association may be self-managed if it so chooses, with implementation of the board’s policy being carried out by volunteers and/or committees. If an association decides to hire an independent management company to manage the condominium, there must be a written contract that complies with the requirements of Section 718.3025, Florida Statutes. Furthermore, if the condominium contains more than 10 units or has an annual budget in excess of $100,000, then the manager is required to be licensed as a Community Association Manager (CAM) under Section 468, Florida Statutes.
Source: Fla. Stat. §§ 468.431, 718.111(3), and 718.3025.
A: Not usually. The Florida Condominium Act provides that board members are not entitled to compensation for their services unless the bylaws specifically provide that compensation be paid. This applies to board members as well as directors and officers of the association. If compensation is allowed by the bylaws, the conditions for compensation should be strictly followed. The compensated individuals should not be allowed to select or increase their compensation unless expressly authorized to do so by the bylaws. Although compensation may not be allowed to most officers, they may be entitled to be reimbursement for reasonable expenses incurred in their duty. The board should require a specific accounting before reimbursement is made.
Source: Fla. Stat. § 718.112(2)(a)(1).
A: Yes. The Condominium Act gives the association limited fining power to enforce the condominium documents. The association may levy reasonable fines for the failure of the owner of a unit, or its tenant or guest, to comply with any provision of the condominium documents. A fine or suspension may not be imposed unless the association first provides at least 14 days’ written notice and an opportunity for a hearing to the unit owner and, if applicable, its occupant, licensee, or invitee. The hearing must be held before a committee of other unit owners who are neither board members nor persons residing in a board member’s household. If the committee does not agree, the fine or suspension may not be imposed. Likewise, an association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the condominium documents. However, no fine can become a lien against the unit.
Source: Fla. Stat. § 718.303(3).
A: The association may fine a unit owner up to $100 per violation. For continuing violations, the fine may be levied for each day of violation, up to a maximum aggregate of $1,000.
Source: Fla. Stat. § 718.303(3).
A: Generally, yes. The Condominium Act expressly permits a declaration of condominium to “include covenants and restrictions concerning . . . transfer of the units.” Thus, an association may restrict the sale or rental of a condo unit. Typically, the declaration of condominium will require a unit owner to submit an application for approval to the association that discloses the particulars of the prospective resident. However, issues arise when the association makes amendments to the declaration of condominium concerning such restrictions. An amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date of that amendment. If an association’s declaration does not contain any provision granting the association the authority to restrict or approve the transfer, lease or sale of a unit then the association is unable to restrict a transfer.
Source: Fla. Stat. § 718.104(5); Fla. Stat. § 718.110(13).
A: Yes. When a unit is leased, the tenant shall have all use rights of the association property and common elements that otherwise would be available for use by unit owners.
Source: Fla. Stat. § 718.106(4).
A: Possibly no. The Condominium Act provides that the owner of a rented unit shall not have use rights of the common elements, except as a guest, unless the rental agreement provides otherwise. Furthermore, the association shall have the right to adopt rules to prohibit dual usage of association property and common elements by a unit owner and a tenant. Thus, it is possible that a unit owners access rights are strictly limited to those of a landlord pursuant to Chapter 83, Florida Statutes.
Source: Fla. Stat. § 718.106(4).
A: In some cases. A unit owner controlled association may obtain liability insurance for its officers and directors. Further, the association must obtain and maintain adequate insurance or fidelity bonding of all persons who control or disburse funds of the association. The “persons who control and disburse funds of the association” include, but are not limited to, the individuals authorized to sign checks on behalf of the association and the president, secretary and treasurer of the association. The association assumes the responsibility for the costs of the insurance or fidelity bonding as a common expense of the association. The insurance policy or fidelity bond must cover the maximum funds that will be in the custody of the association or its management agent at any one time. As used in this paragraph, the term “persons who control or disburse funds of the association” includes, but is not limited to, those individuals authorized to sign checks on behalf of the association, and the president, secretary, and treasurer of the association. The association shall bear the cost of any such bonding.
Source: Fla. Stat. § 718.111(11)(e); Fla. Stat. § 718.111(11)(h).
A: An association is required to use its best efforts to obtain and maintain adequate insurance to protect the association, the association property and the common elements. The insurance must be based on the replacement cost of the property to be insured as determined by an independent insurance appraisal or update of a prior appraisal. The replacement cost must be determined at least once every 36 months. Alternatively, an association may provide adequate property insurance through a self-insurance fund that complies with the requirements of Sections 624.460-624.488, Florida Statutes. The coverage must exclude all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Such property and any insurance thereupon is the responsibility of the unit owner.
Failure to obtain and maintain adequate property insurance may constitute a breach of fiduciary responsibility by the members of the board of directors of the association, unless the members can show that despite such failure, they have made their best efforts to maintain the required coverage.
Source: Fla. Stat. § 718.111(11).
A: Possibly. A unit owner prevailing in an action between the association and the unit owner may recover his reasonable attorney’s fees and may recover additional amounts as determined by the court to be necessary to reimburse the unit owner for his share of assessments levied by the association to fund its litigation expenses.
Source: Fla. Stat. § 718.303(1).
A: A condominium board meeting is defined as any gathering of the members of the board of directors, at which a quorum of the members is present, for the purpose of conducting association business. This could include a dinner where board members have gathered to discuss condominium matters and unit owners have the right to attend the meeting.
Source: Fla. Stat. § 718.112(c); F.A.C. 61B-23.001(1)(a).
A: Meetings of the board shall be open to the unit owners. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items.
Source: Fla. Stat. § 718.112(2)(c).
A: Yes. The unit owner’s right to attend a meeting of the board does not apply when the board and its attorney meet for the purpose of seeking or rendering legal advice for proposed or pending litigation. Also, board meetings are closed when personnel matters are discussed.
Source: Fla. Stat. § 718.112(3).
A: If an association fails to fill vacancies on the board sufficient to constitute a quorum in accordance with the bylaws, any unit owner may apply to the circuit court for the appointment of a receiver to manage the affairs of the association. A receiver will have the same powers and duties as the board and will serve until the vacancies are filled sufficient to constitute a quorum. However, at least 30 days prior to applying to the circuit court for a receiver, the unit owner must mail to the association, as well as post a notice of the intended action and give the association the opportunity to fill the vacancies. Each unit owner must also notified by certified mail or personal delivery. If the association fails to fill the vacancies and a receiver is appointed, the association will be responsible for the receiver’s salary, court costs, and attorney’s fees.
Source: Fla. Stat. § 718.1124.
A: Notice of all board meetings along with the agenda shall be posted conspicuously on the condominium property at least 48 hours prior to the meeting, except in an emergency. However, notice of some board meetings, such as one at which non-emergency special assessments or amendment to rules regarding unit use will be considered shall be mailed or delivered to the unit owners and posted not less than 14 days prior to the meeting.
Source: Fla. Stat. § 718.112(2)(c).
A: Committees are appointed by the board in order to take action on behalf of the board or make recommendations to the board regarding the association budget or other matters deemed necessary by the board. A committee meeting involves a gathering of a group of board members, unit owners, or board members and unit owners, in which a quorum of members of that committee are present. Unit owners have the right to attend and observe committee meetings. However, the association bylaws may provide restrictions on certain committee meetings that do not take final action on behalf of the board or make recommendations to the board regarding the budget. A committee meeting with the association’s attorney with respect to proposed or pending litigation is exempt from open meeting requirements.
Source: Fla. Stat. § 718.112(2)(c); F.A.C. 61B-23.001(1)(b) & (2).
A: The association should follow the provisions in the bylaws of the association for filling vacancies on the board. If the bylaws fail to provide a method, any vacancy on the board caused by the expiration of a director’s term shall be filed by electing a new board member, made by a secret ballot. If there are any remaining vacancies after the election, then those vacancies will be filed by a majority affirmative vote of the newly elected directors, unless the bylaws provide otherwise. This vote still occurs even if the board does constitute a quorum or if the vote is made by the sole remaining director.
Source: Fla. Stat. § 718.112(2)(d).
A: The board of administration administers the affairs of the association, sets policy, assures proper property maintenance, and may appoint committees to manage various affairs of the condominium.
Source: Fla. Stat. § 718.111(2)-(13); Fla. Stat. § 718.112(2)(a).
A: Essentially, the board of directors is the decision-making body for the condominium. Their powers are in essence, the powers of the association, which include the power to manage, maintain, and operate the condominium property. However, an individual member of the association has no authority to act for the community or for the board simply by virtue of being a member.
Source: Fla. Stat. § 718.111(3); Fla. Stat. § 718.111(1)(c).
A: Yes. Directors have a fiduciary relationship with the unit owners, and must use the highest degree of good faith in placing the interests of the unit owners above their own personal interests. This fiduciary relationship imposes obligations of trust and confidence in favor of the association and its members. It requires the members of the board and licensed managers to act in good faith and in the best interests of the unit owners. It means that board members and managers must exercise due care and diligence when acting for the community.
Source: Fla. Stat. § 718.111(1)(d).
A: Any member of the board may be recalled and removed from office with or without cause by a vote or agreement in writing by a majority of all the voting interests. Ten percent of the voting interest may give notice of the meeting, including the purpose of the meeting, as required for a meeting of unit owners. Notice may not be given electronically. A majority vote of all the voting interests can be obtained at a special meeting of the unit owners or by written agreement.
Source: Fla. Stat. § 718.112(2)(j); F.A.C. 61B-23.0026; F.A.C. 61B-23.0027; F.A.C. 61B-23.0028.
A: Generally, you have exclusive ownership of your condominium unit. You also have membership in the association and full voting rights as provided in your declaration of condominium. You have the right to use the common elements and association property without paying a use fee. A use fee may be required if the declaration of condominium so provides or unit owners by a majority vote of the association approve such a fee. You have the right to expect the association to maintain the common elements. You also have the right to view the official records subject to the association’s adopted rules.
Source: Fla. Stat. §§ 718.103(27); 718.106(2); and 718.111(4).
A: The board must give written notice, including an agenda, by mail or delivered to each unit owner at least fourteen days before the annual meeting of the unit owners. The board must also post a notice of the meeting in a conspicuous place on the property at least fourteen continuous days before the meeting.
Source: Fla. Stat. § 718.112(2)(d)(3).
A: There is no statutory requirement for regular or a required number of meetings of the unit owners or the board of directors. However, the documents of the association should be reviewed for any such requirements. The Florida Condominium Act (Chapter 718 of the Florida Statutes) requires every association to hold an annual meeting of the members and a member or board meeting to adopt the annual budget.
Source: Fla. Stat. § 718.112(2)(d).
A: Unit owner decisions are required for votes taken to waive or reduce reserves; use reserves for other purposes; elect directors by ballot; amend the declaration; amend the articles of incorporation or bylaws; recall board members; adopt a substitute budget; materially alter and/or substantially add to the association property; terminate the condominium; convey title to property; waive financial reporting; and cancel certain contracts. Other unit owner votes may be required by the association documents.
Source: Fla. Stat. §§ 718.110, 718.111(7), 718.111(13)(d)(3), 718.112(2)(b)(2,) 718.112(2)(f)(2), 718.112(2)(e)(2), 718.112(2)(j), 718.113(2)(a), 718.115(1)(d)(1), and 718.117(1).
A: In addition to annual operating expenses, the proposed budget shall include reserve accounts for capital expenditures and deferred maintenance. These accounts shall include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and for any other item for which the deferred maintenance expense or replacement cost exceeds $10,000.
Source: Fla. Stat. § 718.112(2)(f)(2).
A: No, unless there is approval in advance. Reserve funds and any interest accruing shall remain in the reserve account for authorized reserve expenditures, unless their use for other purposes is approved in advance by a vote of the majority of the voting interests present at a duly called meeting of the association.
Source: Fla. Stat. § 718.112(2)(f)(3).
A: As defined by Chapter 718 of the Florida Statutes, “assessment” is a share of the funds which are required for the payment of common expenses, which are occasionally assessed against the unit owner.
Source: Fla. Stat. § 718.103(1).
A: An assessment is a share of the funds required from unit owners for the payment of common expenses of the association. Special assessments are assessments levied against unit owners other than the assessment required by the annual budget.
Source: Fla. Stat. § 718.103(24).
Q: How are special assessments approved?
A: Chapter 718, Florida Statutes, provides minimum noticing requirements for meetings to consider special assessments, however, they do not address whether unit owners or the board must approve special assessments. Special assessments should be approved in accordance with the association’s documents.
Source: Fla. Stat. § 718.116(10); Fla. Stat. § 718.112(2)(c).
A: Yes. An association may suspend the voting rights of a unit owner or member due to nonpayment of any fee, fine, or other monetary obligation due to the association which is more than $1,000 and more than 90 days’ delinquent. Proof of such monetary obligation must be provided to the unit owner or member 30 days before such suspension takes effect.
Source: Fla. Stat. § 718.303(5).
A: Assessments shall be made against unit owners in an amount which is not less than that required to provide funds in advance for payment of all the anticipated current operating expenses and for all the unpaid operating expenses previously occurred. However, if an adopted budget requires assessments that exceed 115 percent of assessments for the previous fiscal year, 10 percent of the unit owners may submit a written petition for a unit owner meeting in order to adopt an alternative budget, within 21 days after the adoption of the annual budget.
Source: Fla. Stat. § 718.112(2)(g); Fla. Stat. § 718.112(2)(e)(2).
A: Chapter 718 of the Florida Statutes require assessments be made against units not less frequently than quarterly.
Source: Fla. Stat. § 718.112(2)(g).
Q: Our board has given notice of a board meeting to decide whether excess funds from a special assessment will be returned to unit owners or be used to defray future assessments. Does the board have the authority to use the monies to defray future assessments?
A: Yes, at the discretion of the condominium board. Funds collected from a special assessment shall only be used for the specific purpose(s) it was collected for. However, upon completion of such specific purpose(s), any excess funds will be considered common surplus, and may, at the discretion of the condominium board, either be returned to the unit owners or applied as a credit toward future assessments.
Source: Fla. Stat. § 718.116(10).
Q: Our board recently sent a letter to all unit owners stating that we are responsible for paying the unpaid assessments on a unit that the association foreclosed upon and obtained title to. Can the board require that all unit owners pay these fees?
A: Yes. If any unpaid share of common expenses or assessments is extinguished by foreclosure of a superior lien or by a deed in lieu of foreclosure thereof, the unpaid share of common expenses or assessments are collectable from all unit owners in the condominium or cooperative in which the unit is located.
Source: Fla. Stat. § 718.115(1)(g).
A: Yes. An association shall accept all payments for assessments, including those that are late. However, any late payment received by the association must be applied to any interest accrued, then to any administrative late fees, then to any costs or reasonable attorney’s fees incurred in collection, and then to the delinquent assessment.
Source: Fla. Stat. § 718.116(3).
A: Yes. There shall be no limitation on the association’s right to purchase a unit at a foreclosure sale resulting from the association’s foreclosure of its lien for unpaid assessments. The association’s board has the power, unless prohibited by the declaration, articles of incorporation or bylaws, to purchase units in the condominium and to acquire and hold, lease, mortgage and convey them.
Source: Fla. Stat. § 718.111(9).
A: Yes. No foreclosure judgment may be entered until at least 30 days after the condominium association gives written notice to the unit owner of its intention to foreclose its lien to collect the unpaid assessments. If this notice is not given at least 30 days before the foreclosure action is filed, and if the unpaid assessments, including those coming due after the claim of the lien is recorded, are paid before the entry of a final judgment of foreclosure, the association shall not recover attorney’s fees or costs.
Source: Fla. Stat. § 718.116(6)(b).
A: Common elements are the portions of the condominium property not included in the units, of which a condominium owner owns an undivided share. Common elements include condominium property that is not included within the units; easements of support within a unit that contributes to the support of a building; easements through units for conduits, ducts, plumbing; wiring and other facilities for the furnishing of utility services to units and the property and installation required for furnishing utilities and other services to more than unit or to the condominium property. However, in all cases, the declaration of condominium must be consulted for a precise definition of the common elements in that condominium.
Source: Fla. Stat. §§ 718.103(8), 718.103(11), and 718.108.
A: No. The association may not charge a use fee against a unit owner for the use of the common elements or association property unless otherwise provided for in the association documents or by a majority vote of the association or unless the charges relate to expenses incurred by an owner having exclusive use of the common elements or association property.
Source: Fla. Stat. § 718.111(4).
A: Possibly, depending on the association. If the association documents indicate a usage fee or a majority vote of the association believes there should be a usage fee, then a usage fee will be imposed. Additionally, an owner who has exclusive use of the common areas or association property may be charged a usage fee.
Source: Fla. Stat. § 718.111(4).
A: Possibly, if the condominium’s declaration or documents articulates a higher monthly fee for owners of three-bedroom units. Funds for payment of the common expenses of a condominium or a cooperative shall be collected by assessments against the units in the condominium or cooperative in the proportions or percentages provided in that condominium’s declaration or cooperative’s documents. Unless otherwise provided for in the original condominium’s declaration or cooperative’s documents, no amendment may change the proportion or percentage by which the owner of the unit shares the common expenses unless the owner of the unit and all the owners of liens on it approve the amendment and unless all the owners of all other units approve the amendment.
Source: Fla. Stat. § 718.115(2); Fla. Stat. § 718.110(4).
A: No. The association is not required to accept the lowest bid.
Source: Fla. Stat. § 718.3026(1).
A: Yes. If a contract for the purchase, lease, or renting of materials or equipment or for services requires payment exceeding 5 percent of the total annual budget of the association, the association must obtain competitive bids. However, contracts for attorney, accountant, architect, community association manager, timeshare management firm, engineering, and landscape architect services are not subject to the competitive bid requirement. Further, associations with less than 10 units may opt out of the bid requirements if two-thirds of the unit owners vote to do so.
Source: Fla. Stat. § 718.3026(1); Fla. Stat. § 718.3026(2).
A: A board is not required to obtain competitive bids when hiring an attorney. Competitive bids are not required for contracts with employees of the association, attorney, accountant, architect, community association manager, timeshare management firm, engineering and landscape architect services.
Source: Fla. Stat. § 718.3026(2)(a).
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Jimerson Birr makes business to business debt collection easier than it normally is. They are effective because they are diligent, organized and aggressive. They are aware that a proactive and sensitive approach often yields the best result. They often secure payment in an agreeable manner, without putting a strain on the relationships we have with our customers. When a settlement cannot be worked out, they will go to the ends of the earth to get our money back. I’ve never seen such creativity and resourcefulness in getting our money back. They’ve been a trusted partner since the firm started and it has been fun to see our companies advance together.- Recovery Account Manager at Medical Supply Company Testimonial
The team at Jimerson Birr have served as my legal counsel from my business’ inception, and their matter-of-fact, investigated approach has proven to be a great value while navigating a complicated industry with heavy regulation. As a cannabis dispensary with several storefronts, I rest easy knowing that my legal team not only has a stronghold at the forefront of this niche market but also help us to advance our growth with their thoughtful recommendations to ensure my business and investment are protected and flourishing.- Cannabis Dispensary Chief Operating Officer
This is my choice firm for my company’s needs. I’ve never brought an issue to Jimerson Birr that isn’t swiftly remedied and thoroughly examined. When the need arises for sound legal advice or ensuring compliance with the ever-changing laws and trends within the industry, this firm is always prepared and one step ahead with their expertise, anticipation and preparation for what’s next. With our technology focus in an emerging industry, it is nice to work with lawyers who have flexibility and intellect to handle complex issues in areas we have watched other service providers stumble.- Chief Executive Officer of Agricultural Analytics & Technology Company Testimonial
My partnership with Jimerson Birr began when I was referred to them for an assist on a content protection matter. They quickly jumped right in to fully assess and mitigate until a resolution was determined. When seeking counsel to handle the myriad of legal compliance and protection matters within the communications industry, the get-it-done lawyers live here. They deliver what they say they will and have become a trusted resource integral to our successful management.- Media House Business Development Executive
Trailblazers. Their no-nonsense, proficient understanding of the varied needs of a content generator and distributor is unmatched. From recommended preventive measures to monitoring compliance and enforcement to handling specific dispute resolutions, Jimerson Birr is an excellent example of what a top-of-the-line legal practice can do for members of the communications and media industry.- Digital News Communications Officer
The commitment of Jimerson Birr is unrivaled. Through collaboration, dutiful guidance and cost-effective solutions, our school’s short and long-term goals are on track and our operational capacities have flourished. Working with this firm is an easy decision. If you want to create a positive, smooth experience for staff and students alike, this is who you need by your side to rethink and rework any part of your system. They were particularly helpful with compliance and employment related issues. Their connections in government helped us achieve some goals we were not sure we could reach.- Chief Financial Officer Testimonial of Private School
This is the firm I use when our university encounters a legal issue in need of a creative solution; particularly on really heated litigation we had. Jimerson Birr’s masterful understanding of the facts and law came from our lawyer's dedication to understanding the complex nature of our wild issues and how they affected our institution across more cases than one. I've come to understand that they settle cases that can't be settled short of giving the farm away, and are ready to try any case that merits it.- College Associate Dean for Finance and Administration
When dealing with a land use and zoning issue, we brought in Jimerson Birr when we needed advanced legal representation. Their ability to quickly traverse the matter and get up to speed was done with nothing but finesse. With fine focus and detail, they were able to help us find a solution for what was becoming a contentious matter. We kept them on board for the next phase of our expansion and are more than pleased with their service.- Solar Energy Development Executive
Jimerson Birr is always who we go to when our company needs quick action. Their turnaround time on hot-button issues to our utility company is unrivaled. From compliance, environmental diligence, permitting, mitigation and beyond, I have never brought an issue to them that they cannot handle and craft a plan of action that best fits our needs. I have referred many to Jimerson Birr for varied legal matters across multiple sectors and this is due to my immense trust for what these attorneys are able to accomplish.- Natural Gas Company Vice President of Distribution
As a new franchisee, the decision to purchase a franchise was one that involved much deliberation. During this time and as my family approached a decision, we enlisted Jimerson Birr to guide us through the extensive process. Both the level of service and detail that went into this were outstanding, and the firm’s assistance and direction made what can be a tiresome process a much more palatable experience. Without Jimerson Birr, certain contractual nuances may have been missed and become costly aftermath issues. However, nothing was overlooked, a thorough examination of all materials was conducted, and, in the end, we walked away with much more industry knowledge and a clean, successful acquisition. We are set up to succeed with help from this firm.- Fitness Facility Owner and Operator
As a franchisor who has had substantial work to do in franchisor-franchisee relations when we bought the business, Jimerson Birr was incredibly helpful in getting us focused on the bigger issues that we had to prioritize in order to save all the franchises. We worked to terminate underperforming franchise owners and develop better support systems for performing franchise owners. At this point, I have developed a time-tested, close relationship with many of the attorneys at Jimerson Birr. There are a few we use because of their different specialties. My team is constantly impressed with their level of service, commitment to quality work, and profound recollection of matters that affected each franchisor through the years. The firm has been a good source of continuity when we have had turnover. They are teachers who help us understand what laws are important to us and how certain decisions impact the business. I have referred many friends and peers to Jimerson Birr because, honestly, they are a truly superior business law firm and their service and legal judgment is one I cannot speak more highly of.- Chief Executive Officer of Restoration Services Franchisor
We’ve used them for specialized legal services, like legislation drafting, direct advocacy, investigative issues and campaign finance issues. Jimerson Birr has consistently delivered results. Many of these issues required focused legal insight and extensive industry knowledge, which they had. Solid group.- State Commerce Committee Member Testimonial
Handling employee disputes in the public sector can often times be a daunting task for any law firm. Quick remediation is paramount in order to properly handle multiple parties in a swift manner. Anytime we have brought Jimerson Birr in as counsel for these issues we have been extremely satisfied with the level of finesse delivered. We’ve never had a PR nightmare when they were involved. I would definitely call on them again if needed.- County School Board President
Many of us in healthcare, specifically those of us treating senior residents and patients, are no stranger to liability concerns. It takes a very specific skillset to help us properly manage our risk, and Jimerson Birr always provides a superior defense when dealing with these matters. Regulations are tight in our field and you have to follow the rules. With Jimerson Birr, we have a reliable legal defense to prevent issues and treat issues when they arise. They are always looking out for our best interests which, in turn, allows us to provide appropriate care to our patients. Doing what’s right can sometimes be looked at through a magnifying glass, but Jimerson Birr is there to assist when actions are honest but additional investigation is required. Very supportive and accountable, which are traits that matter to us when we choose to employ service providers. They are pretty fun loving lawyers too, which makes them great to be around.- Chief Executive Officer of Assisted Living Facility Testimonial
Jimerson Birr is the only firm that we trust to create, manage and amend relevant documents for the telehealth portion of our organization. They are always knowledgeable on recent state and federal rules and regulations, and this allows us to feel confident that we are staying compliant and ahead of any changes. They offer cost-effective options for the level of attention provided and, in the end, save us from unknown issues and costs if we were not employing their services. My highest recommendation goes to this firm and their healthcare industry team of attorneys.- Psychiatry Private Practice Owner
This past year, we’ve seen an ever-changing climate within the hospitality industry, and we have utilized the attorneys at Jimerson Birr to help guide us through these new times. When we decided to outsource certain elements of our business and human resources operations, we brought in the fine team at Jimerson Birr to help is ensure our employees’ safety during day-to-day operations. When we had an insurance or leasing issue, they came through. I was thrilled to find out that the folks who helped us on real estate and construction team were dishwashers, servers and bartenders before becoming lawyers. It made me feel like they understood me better and their service mentality was obviously something that they stayed true to. This firm has served us well as they acted as advisors in a variety of capacities relative to management and our staff. I hope I don’t need them much more in the future, but I’m sure I will and when I do they’ll answer my call.- President of Multi-Market Restaurant Chain Testimonial
Expert legal counsel is vital to those of us running independently owned franchises but still having to follow general guidelines from our parent company. As a hotel franchise owner of multiple properties under an international umbrella, I have used Jimerson Birr to guide me through a wide range of items to ensure I am compliant to avoid any repercussions. I can tell them what I need to accomplish, and they can quickly provide me with the information, resources and knowledge to make an informed, smart business decision. We try to deliver an experience that exceeds expectations to our customers, and it seems that they do to.- Hotel Franchise Owner
Property and casualty insurance claims can often become quite contentious. Like many insurance agencies along coastal communities, coverage relative to damage from natural disasters is a regular part of our day-to-day claims. These claims can often become complex in nature and when our agency needs to contract legal counsel, Jimerson Birr is always our first choice. Throughout our experience with this firm, we have always encountered a fine level of attention and detail which has allowed us to avoid many costly errors along the way. The firm’s professional approach to each individual matter we have brought to them has always been handled with winning strategy.- Insurance Brokerage Department Manager
Jimerson Birr exemplifies a firm that understands business as much as they understand the law. They always pleasantly surprise me when I need to know a simple answer on the fly. They are responsive and can get straight to the issue without racking up a big bill for my modest agency. When I refer them work, they take great care of my clients, which helps me develop more business. We’ve had construction and business interruption issues that were really challenging, but they knew how to get a good result from a bad situation. My referral of the firm to my clients is a reflection of my own business and thusly a testament to the faith that I have in them as a whole.- Insurance Agency Owner
When my company began courting distribution agreements during recent expansion, we were referred to Jimerson Birr to strategize. What I found in this firm is a combined skillset of legal expertise and business acumen that is truly one-of-a-kind. Not only were they able to assist me in this transitional phase and selection process, but they have offered so much more in terms of business solutions and ensuring our agreements were sound and fair. As business steadily increases, I have relied heavily on Jimerson Birr to protect my interests and serve as our legal champion.- Printing Manufacturing President
When we purchased our new manufacturing plant, Jimerson Birr guided us through the entirety of the process with both our immediate and long-term business goals in mind. They effectively created an ownership transition plan and efficiently handled what can often become a drawn-out process one that was a pleasant, well-thought endeavor for all parties. This complex process was made a little easier because we had the right legal counsel by our side.- General Manager of Food Distribution Company Testimonial
Connected. Jimerson Birr’s experienced attorneys and a network that transcends many other business law firms is an advantage worth exploring. They bring sound advice, are quick take hold of the subject, and get to the point. Through diligent preparation and communication, you will always know where you stand and how your matter is progressing. Jimerson Birr disciplined approach typifies what a quality legal practice can do for anyone working in the professional services industry. We’ve actually upped our game in the service department based on methods Jimerson Birr employed with us and our clients.- Managing Partner of Regional Accounting Firm Testimonial
As a leader of a recruiting company with a local presence, I become acquainted with Jimerson Birr during one of their recruitment efforts. As my company transitioned to outsourcing its legal counsel, I was immediately impressed by what I learned about this firm. After assisting them with a project, I decided to explore the options of using them to support our company’s own needs. I have been so impressed with their legal capabilities and have since used Jimerson Birr as my legal partner for a bevy of matters. This organic union is one that came at just the right time, and I cannot recommend their services enough.- Staffing Solutions Human Resources Generalist
Industry leaders. They cut through the noise and get straight to the point. In a market with high stakes and quick changes, Jimerson Birr’s unique understanding of the real estate industry makes them an invaluable resource for developers of all forms. They are able to effectively leverage their experience and expertise to lead negotiations, craft cost-effective and custom solutions and ensure imminent success by creating a solid foundation to build from.- Real Estate Investment Executivev
Commercial evictions and tenant matters are ones that often need to be handled with a specific level of care. During a commercial removal process, I needed to obtain counsel and a colleague immediately referred me to Jimerson Birr. A successful ending to what would become a litigious journey was made possible by the firm’s extensive leasing knowledge and willingness to fight hard when it mattered most. We’ve encouraged our colleagues, owners and tenants to use them for their legal needs.- President of Commercial Property Management Company
Jimerson Birr has handled contracting issues and litigation work for our technology company with headquarters on the First Coast. We’ve given them a wide variety of problems to solve, and they have handled quite a few issues, ranging from more complex matters relative to intellectual property matters, services agreements, confidentiality and non-compete issues to helping us establish more focused operational policies that help us scale. Their extensive understanding of handling issues with the technology sector and steadfast insight on best practices has continually proven beneficial to our organization. When you put your trust in our Jimerson Birr, they will take a true hands-on approach.- Software Development Chief of Operations
We brought in Jimerson Birr to contribute to our organization’s growth and focus. Their suite of abilities extends beyond law—this firm truly understands what makes a business tick. By working with Jimerson Birr, our management team was able to collaboratively build operational policies and procedures, craft specific risk management tools and, overall, reexamine the way we run our business to be more effective and profitable to further establish our place in the market. Any organization, whether established or in the early stages, can benefit from engaging this firm to help you create a stronger future for your business.- General Manager of E-Commerce Company Testimonial
Recently, we started using them for litigation matters. They’ve always given practical advice and reported progress in ways that I could make key strategy decisions feeling informed. They promptly return emails and calls, they keep me updated and don’t require me to ask for an update, they don’t leave me surprised and they took time to learn the intricacies of our business. Their broad understanding of the litigation in any industry coupled with their sharp legal eye proved to be valuable during the times they advocated for our business needs and ensured that our interests were protected.- General Counsel for Railroad Company Testimonial
Specialized, focused and efficient. The attorneys at Jimerson Birr proactively manage a wide range of matters for our company and their no-nonsense, laser-focused approach sets them apart from many other firms we’ve encountered in the past. They are quick to direct us towards our goals and help us prevent risk. When in need of quality legal counsel, this law firm gets the job done quickly and gets it done right. My highest recommendation goes to the experienced attorneys at Jimerson Birr.- Director of Safety and Training for Trucking and Tanking Company Testimonial
Jimerson Birr has performed litigation work for our bank and other banks we have worked at for many years. They have tackled some of the most challenging cases, ranging from complex foreclosures to bank and insurance fraud, to involuntary bankruptcies. Many of the cases required extensive industry and legal knowledge, and most all required unfriendly and lengthy negotiations or litigation. In each of those cases, JB did the necessary work, prepared in depth and we were successful without exception. I would highly recommend this firm for your litigation work, among many other service offerings.
Our attorneys at Jimerson Birr listen and take time to understand the nuances of our business and the risks we face with every deal or decision in a way that has earned them tremendous credibility. They thoroughly prepare us and put us in a position to anticipate our challenges rather than be surprised by them. Equally impressive and noteworthy is their great skill in negotiation and litigation. Great firm with great lawyers.- General Counsel for Electrical Contractor
Jimerson Birr has provided representation for my business and our trade partners for many years. They have successfully defended our most complex cases, including project contracting, delay and payment claims, OSHA Citations, and bond surety disputes. Their industry-leading legal knowledge is a driving force during successful litigation and execution. They have my highest recommendation for any construction or business-centric legal needs.- President of Large Commercial Contractor Testimonial
Professional. No hype, no blustering, no false promises, no stumbling around the issues. They listen, have quick command of the subject, provide sound advice going in, and get to the point. Preparation is their key. In an environment filled with pretenders, Jimerson Birr is a great example of what a quality legal practice can do for lenders of all forms.- Chief Executive Officer of Mixed-Use Real Estate Specialty Lender
This firm does it all. They have been critical to ensuring that the governing documents and policies of our HOA are clear, complete and applied consistently. Through their industry expertise, they minimize risks of disputes amongst neighbors in our community, and when such disputes arise they are efficient and economical problem solvers. For years, this firm has provided prompt, personal and reliable legal services. Their professional and forward-looking approach has always given our board the tools and the answers it needs to be able to provide the best possible leadership to the Association that elected us.- HOA President for 1,300 Home Community
This is my go-to firm when my associations need to get things done well and in a hurry. This firm is action oriented. They don’t sit around talking about it- they get it done. Whether that task is collecting fees and assessments, helping my boards make challenging decisions, or coaching the association to run like a properly functioning business, Jimerson Birr develops timely, winning strategies that reflect well on my company. My referral of this firm to my association customers is a reflection of our reputation, and this firm has earned my trust that they will not let us down or diminish our brand. Would highly recommend.- President of Large Property Management Company