an association may not hire an attorney who represents the management company of the association.

The association attorney does not represent the property manager or management company. The managers and attorneys work together on behalf of the association, but are not affiliated with one another. Both are independently chosen by the Board after careful consideration.

Full Answer

Do I need a lawyer for a homeowners association?

An attorney can help decipher the language of the relevant documents and explain the HOA's obligations under state and federal law. HOAs at times hire an attorney to collect outstanding fees and assessments from homeowners who are not responding to the HOA's enforcement efforts.

Why would An Hoa hire an attorney?

To help HOA board members with such interpretation and enforcement tasks, and to resolve legal disputes with or affecting individual homeowners, the HOA might retain an attorney.

Can a homeowners association take legal action against a developer?

If not, however, when these defects affect a development's common areas, the homeowners' association should hire an attorney to assist in taking legal action against the developer. This is not the responsibility of individual homeowners.

Do I need An Hoa attorney for a construction defect?

Many HOAs (or the construction company that builds the new development) will hire an experienced HOA attorney to draft or review the documents. All too often, a construction defect is discovered long after development of a neighborhood is complete.

How long does an association have to give notice of abandonment?

What are the powers of a condominium association?

Can a director of an association vote by proxy?

Can an association have more than one condominium?

Can an association be incorporated in 1977?

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Chapter 718 - 2020 Florida Statutes - The Florida Senate

Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.

Chapter 718 Section 111 - 2022 Florida Statutes

1. Institute, maintain, settle, or appeal actions or hearings in its name on behalf of all unit owners concerning matters of common interest to most or all unit owners, including, but not limited to, the common elements; the roof and structural components of a building or other improvements; mechanical, electrical, and plumbing elements serving an improvement or a building; and representations ...

Chapter 718 Section 112 - 2018 Florida Statutes - The Florida Senate

2. When a unit owner of a residential condominium files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days after receipt of the inquiry. The board’s response shall either give a substantive response to the inquirer, notify the inquirer that a legal opinion has been requested, or notify the inquirer that ...

Florida Condominium Act - Homeowners Protection Bureau, LLC

The Florida Condominium Act, Fla. Stat. §718.101, et. seq., governs the formation, management, powers, and operation of condominium associations in Florida.

Statutes & Constitution :View Statutes : Online Sunshine

(14) “Conspicuous type” means bold type in capital letters no smaller than the largest type, exclusive of headings, on the page on which it appears and, in all cases, at least 10-point type. Where conspicuous type is required, it must be separated on all sides from other type and print. Conspicuous type may be used in a contract for purchase and sale of a unit, a lease of a unit for more ...

What is the role of a member in representing an organization?

In representing an organization, a member shall conform his or her representation to the concept that the client is the organization itself, acting through its highest authorized officer, employee, body, or constituent overseeing the particular engagement.

Should an association hire an attorney?

Management's Attorney. Associations should never hire an attorney that also represents the association's management company. If most of the attorney's business comes from the management company, he/she will put the management company's interests ahead of the association's. The same is true for board members.

Why do HOAs hire an attorney?

HOAs at times hire an attorney to collect outstanding fees and assessments from homeowners who are not responding to the HOA's enforcement efforts. Having an attorney enforce collections increases the likelihood of success, since a lawyer will know the procedures for obtaining court judgments and liens based on nonpayment.

What can an attorney do for a HOA?

An attorney can help decipher the language of the relevant documents and explain the HOA's obligations under state and federal law.

What is the HOA written in?

In theory, the HOA's governing documents are written in plain English, so that anyone can understand their meaning. Nevertheless, situations can arise where an HOA board member needs an expert opinion, particularly if it involves a dispute with a homeowner or allegations of unlawful behavior such as discrimination.

What is a HOA in 2021?

Updated: Jun 18th, 2021. Homeowners' associations ( HOAs) exist for the benefit of residents in a condominium, townhome, or other planned community or development. This benefit can sometimes feel like an obligation, however, when the HOA enforces community rules. And the list of rules is often long!

What happens when a few homeowners fail to pay their fair share?

When a few homeowners fail to pay their fair share, a greater financial burden ultimately falls on the entire community, and can bring down property values.

Who drafts HOA documents?

Many HOAs (or the construction company that builds the new development) will hire an experienced HOA attorney to draft or review the documents.

Should homeowners association hire an attorney?

If not, however, when these defects affect a development's common areas, the homeowners' association should hire an attorney to assist in taking legal action against the developer. This is not the responsibility of individual homeowners.

What is an association attorney?

An association attorney, similarly, represents the association. The board owners elect to represent them, and the board, representing the collective interests ...

Does Pease advise owners to hire an attorney?

When owners ask him for legal advice, Pease doesn’t advise them to hire an attorney to represent them . “I don’t want to encourage litigation,” he notes. But he does suggest that they attend meetings, ...

How long does an association have to give notice of abandonment?

2. Except in the case of an emergency, an association may not enter an abandoned unit until 2 days after notice of the association’s intent to enter the unit has been mailed or hand-delivered to the owner at the address of the owner as reflected in the records of the association. The notice may be given by electronic transmission to unit owners who previously consented to receive notice by electronic transmission.

What are the powers of a condominium association?

For these purposes, the powers of the association include, but are not limited to, the maintenance, management, and operation of the condominium property. After control of the association is obtained by unit owners other than the developer, the association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all unit owners concerning matters of common interest to most or all unit owners, including, but not limited to, the common elements; the roof and structural components of a building or other improvements; mechanical, electrical, and plumbing elements serving an improvement or a building; representations of the developer pertaining to any existing or proposed commonly used facilities; and protesting ad valorem taxes on commonly used facilities and on units; and may defend actions in eminent domain or bring inverse condemnation actions. If the association has the authority to maintain a class action, the association may be joined in an action as representative of that class with reference to litigation and disputes involving the matters for which the association could bring a class action. Nothing herein limits any statutory or common-law right of any individual unit owner or class of unit owners to bring any action without participation by the association which may otherwise be available. An association may not hire an attorney who represents the management company of the association.

Can a director of an association vote by proxy?

Directors may not vote by proxy or by secret ballot at board meetings, except that officers may be elected by secret ballot.

Can an association have more than one condominium?

An association may operate more than one condominium. (b) A director of the association who is present at a meeting of its board at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless he or she votes against such action or abstains from voting.

Can an association be incorporated in 1977?

However, any association which was in existence on January 1, 1977, need not be incorporated. The owners of units shall be shareholders or members of the association. The officers and directors of the association have a fiduciary relationship to the unit owners. It is the intent of the Legislature that nothing in this paragraph shall be construed ...