Condominiums and Homeowner Associations

Jimerson Birr attorneys have a vast wealth of experience with the law pertaining to community associations and condominiums in Florida. The attorneys in the Condominium and Homeowner Association Practice Group cover the entire spectrum of legal counseling of condominium and homeowners associations. In addition, the practice group provides counseling to country clubs and community master associations. Jimerson Birr attorney involvement includes assisting the board and management prepare for and conduct meetings; answering questions about community documents and the legal impact of such documents; enforcing the covenants and restrictions, and drafting and negotiating contracts for provision of services.

The firm actively represents community associations in all aspects of community association litigation. This includes the collection of assessments, enforcement of covenants and restrictions, injunctive relief matters, breach of fiduciary duty, conversion issues and statutory warranty claims. In addition, Jimerson Birr attorneys in the Condominium and Homeowners Association Practice Group have significant experience representing associations in prosecuting multi-million dollar construction defect claims and defending board of director litigation initiated by unit owners, both in state and federal courts through out Florida. The attorneys of the firm who practice in Condominium and Homeowner Association law are highly skilled and experienced attorneys who are able to guide and counsel the firm’s association clients.

Among the types of services routinely provided to Community Association clients are the following:

  • Legal counsel in the application of state and local law, court rulings, and administrative decisions impacting Community Associations
  • Interpretation, amendment and enforcement of the association governing documents
  • Answering day-to-day questions regarding operational, technical, regulatory, and practical issues
  • Assisting board of directors on operational matters, such as budgeting, levying special assessments, and establishing reserves
  • Addressing maintenance and repair issues and distinguishing between those projects which require board approval and those which require unit owner approval
  • Drafting, revising and reviewing all contracts for the management, vendors, services, maintenance, repair and operation of the community
  • Assisting in planning and developing contracts for construction projects and complying with construction lien laws
  • Prosecution of construction defect claims affecting the common elements of the community
  • Providing statutory notices, drafting and recording assessment liens, and collection delinquent assessments
  • Providing legal counsel for post-transition, unit owner-controlled Association on developer issues, including the resolution of warranty, accounting and representation claims, and the establishment of on-going operational controls
  • Rendering legal opinions on board of director decisions in compliance with community governing documents
  • Reviewing loan documents and structuring commercial lines of credit and/or arranging sources of financing for community operations and/or capital improvements

Whether you are a community management company or member of the board of directors for an association, our Condominium and Homeowner Association lawyers will handle the community legal matter in accordance with the firm standards of service and commitment to excellence.

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