Becker & Poliakoff

Community Association Litigation & Covenant Enforcement

The Firm’s Community Association Litigation Practice is dedicated to providing strategic, innovative, and aggressive representation for our clients in all litigation matters. Becker’s reputation as a pioneer and leader in Community Association law is well-known throughout the legal community. Judges, arbitrators, and other attorneys are aware that Becker clients not only have the benefit of decades of experience but also, the largest team of dedicated community association lawyers to represent clients. With over 4,000 Community Association clients, there is almost no issue the Firm’s attorneys have not dealt with before.

Community Association litigation is specialized and the attorneys practicing Community Association litigation must be familiar with the nuances of this area of law. Condominiums, Cooperatives, and Homeowner Associations are each governed by a separate section of the Florida Statutes. Therefore, each Community Association dispute requires a distinct analysis of the governing substantive and procedural law. It is the Firm’s job to efficiently and successfully guide our clients through the entire litigation process, from the beginning of the dispute, until the final disposition of the matter.

In addition, the firm is very active in representing community associations in multi-million dollar casualty claims against their insurance carriers, such as hurricane damage claims. Our representation has included giving general insurance advice, representing associations in casualty insurance policy defense issues, representing association in the claims adjustments and appraisal process as well as representation in litigation, both in the state and federal courts through out Florida. The attorneys who practice in this area are highly-skilled and experienced attorneys who are able to guide and counsel our association clients from the inception of the disaster to the final resolution of the insurance claim.

The Firm’s Community Association Litigation Practice routinely provides our clients with the following services:

  • Initial analysis of the dispute, including a thorough investigation of the facts.
  • Determination of the proper causes of action or defenses, and Anticipation of possible defenses or counterclaims.
  • Determination of the appropriate jurisdiction and venue (i.e. Mandatory, Non-binding Arbitration; County or Circuit Court; or Mediation).
  • Determination and opinion on the likelihood of success in consideration of the remedies sought.
  • Fact finding through the discovery process specified to the forum that the action lies.
  • Thorough representation in hearings, arbitrations, mediations, non-jury and jury trials.
  • Aggressive pursuit of the recovery of attorney fees for our clients, if provided by law.
  • Representation of our clients throughout any appellate actions.