what are the responsibilies of a condominium attorney florida

A condominium lawyer represents owners in disputes arising from condo ownership. The functions and duties of a condominium attorney are varied, depending on who the lawyer is representing and what the nature of the dispute is. A condo lawyer can represent an owner, a tenant or a condo board.

Full Answer

What are the duties of a condo board member in Florida?

Responsibilities of a Board of Directors for a Condo Association. It takes a village to run a condo association, in the sense that a board of directors serves in much the same capacity as the governing body of a small town. Once elected, members of the board of directors of a condominium association have specific and critical duties.

What does the treasurer of a condo association do?

Florida businesses, condo and homeowners associations, and others respect the quality of legal representation our firm provides. Our attorneys know condominium association law, and our founding attorney is a professor of condominium association law at Ave Maria School of Law.

What does the Secretary of a condo association do?

A Florida condo attorney can help you navigate the complexities of Florida Condo Law and the interplay between the law, the association’s governing documents and insurance coverage, and your homeowner’s policy. The Condo Association Will …

What do Condo boards need to know about bylaws?

The Condo Association as a Fiduciary. Perhaps the most important role played by condo associations throughout Florida is that of a fiduciary. Fiduciary responsibility is based on whether the association board takes actions that any “reasonably prudent” group or individual would take given the same circumstances. Condominium boards usually have individual and collective …

Can condo board members be sued in Florida?

Florida law empowers (but does not obligate) corporations, such as condominium associations, to indemnify directors and officers who are sued in the course of performing their corporate duties.

Who is liable in Florida condo?

Personal Liability of Board Members Under Fla. Stat. § 718.111(1)(a), a condominium association is required to be registered with the state as a Florida corporation, either for-profit or not-for-profit. Board members typically are protected from most personal liability by the corporate structure.Aug 16, 2021

Which law governs condominiums in Florida?

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

Who does the HOA attorney represent?

As corporate counsel to the association, the association's attorney does not represent the board, individual directors, or owners. The association's legal counsel represents the association as a corporate entity. Corporations have a separate legal identity and enjoy the benefit of the attorney-client privilege.

Who insured the Florida condo collapse?

Collapse survivor Steve Rosenthal had a policy for $92,000 to cover the cost of potential repairs inside his unit. When the insurer issued the check, it was made out to him and his mortgage company.Aug 5, 2021

Who is responsible for building collapse?

When a building collapses, either during or after construction or renovation, it might cause not only property damage but also severe injuries on people. In most cases, liability goes to the property owner, construction companies, architects, manufacturers of materials, or even subcontractors.

How do I file a complaint against a condo association in Florida?

Filing an Official Complaint Residents may file a Condominium/Cooperative Complaint Form (PDF) directly with the Division of Florida Condominiums, Timeshares and Mobile Homes. Hardcopies of the form can be obtained by calling 1.800. 226.9101 or 850.488. 1122.Mar 10, 2021

Does Florida Sunshine law apply to condo boards?

We are frequently asked the question, "What is the Sunshine Law?" Although Florida's Sunshine in Government Act does not apply to community associations, the statutes applicable to condominiums, cooperatives, and homeowners' associations each contain their own "sunshine" requirements.

Who is responsible for drywall in Florida condo?

As a condo owner you will likely be responsible for repairs to the finished interior surface or the covering of the drywall. In other words, if your walls or ceiling sustain water or mold damage, the association must replace the drywall but you will likely be responsible for repainting or replacing wallpaper.

What is the Davis Stirling Act California?

The Davis-Stirling Act governs homeowners' associations (HOAs) in California. Initially passed in 1985, the Act has been frequently amended since and addresses nearly every aspect of an HOA's existence and operation.

How do I file a complaint against a condo association in Florida?

Filing an Official Complaint Residents may file a Condominium/Cooperative Complaint Form (PDF) directly with the Division of Florida Condominiums, Timeshares and Mobile Homes. Hardcopies of the form can be obtained by calling 1.800. 226.9101 or 850.488. 1122.Mar 10, 2021

What is the purpose of the Florida condominium Act?

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.

How long can a condo board member serve in Florida?

eight consecutive yearsAmendments to the Florida Condominium Act enacted in 2018 provide that association board members may not serve more than eight consecutive years, unless they are elected by more than two-thirds of the voting membership or there are not enough eligible candidates to fill the board vacancies at the time of the election.Mar 3, 2021

What is Chapter 718 Florida?

—The purpose of this chapter is: (1) To give statutory recognition to the condominium form of ownership of real property. (2) To establish procedures for the creation, sale, and operation of condominiums. Every condominium created and existing in this state shall be subject to the provisions of this chapter.

Who oversees condo associations in Florida?

Fla. Stat. §720.302(2). The Office of the Condominium Ombudsman is a government agency established to regulate residential communities in Florida and oversee, among other things, education, complaint resolution, mediation and arbitration, and developer disclosure.

Which law governs condominiums in Florida?

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

Does Hoa have to disclose who filed complaint?

Do I have a right to know the names of the people who lodged the complaints? A: You can ask, but they are not required to tell you. Some HOAs will take anonymous complaints.Jul 23, 2021

Who is responsible for drywall in Florida condo?

As a condo owner you will likely be responsible for repairs to the finished interior surface or the covering of the drywall. In other words, if your walls or ceiling sustain water or mold damage, the association must replace the drywall but you will likely be responsible for repainting or replacing wallpaper.

Does Florida Sunshine law apply to condo boards?

We are frequently asked the question, "What is the Sunshine Law?" Although Florida's Sunshine in Government Act does not apply to community associations, the statutes applicable to condominiums, cooperatives, and homeowners' associations each contain their own "sunshine" requirements.

Can a Florida HOA have a closed meeting?

A: Yes. Any time a quorum of the board meets to discuss association business, a board meeting occurs. Generally, board meetings are open to unit owners, subject only to two exceptions.Mar 16, 2020

How many board members should your HOA have in Florida?

three membersIn the State of Florida, three is the magic number. No matter the size of your association, your board must have at least three members, with the number stated in your articles of incorporation or bylaws. Your bylaws should also have provisions regarding the manner in which the board can expand.Jan 17, 2020

Is Florida's 8 year board limit retroactive?

This applies retroactively to current board members who have been serving on the board for more than eight (8) consecutive years and who wish to run for re-election.

Who enforces Florida Statute 718?

The division(1) The division may enforce and ensure compliance with the provisions of this chapter and rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium units.

What is a declaration of condominium Florida?

718.401. (2) A condominium is created by recording a declaration in the public records of the county where the land is located, executed and acknowledged with the requirements for a deed.

Do HOA bylaws supersede Florida Statutes?

The simple answer is NO. HOA rules cannot override state law.Feb 9, 2021