Becker attorneys have played an integral role in shaping Florida’s homeowner association laws. We represent more than 4,000 HOAs and other community associations statewide.
Florida has some of the most unique, comprehensive, and complex homeowner association (HOA) laws in the United States. With the stated purpose of “protect[ing] the rights of association members without unduly impairing the ability of such associations to perform their functions,” these laws seek to strike a balance between the interests of HOAs and their constituents. For nearly 50 years, Becker’s Florida HOA lawyers have been central figures in the development and interpretation of the law.
Our Florida homeowners association practice is devoted to representing HOAs in the Sunshine State. It is a part of our broader community association practice, in which we advise and represent more than 4,000 associations statewide — including condo associations. If you need a Florida homeowner association lawyer who you can trust with unwavering confidence, Becker is your choice. Let’s start a conversation today.
Our approach to representing homeowner associations is simple: Our clients come first. As a result of our decades’ worth of experience, we know what homeowner associations need, we know what their officers and directors want, and we know what it takes to exceed their expectations. Here are just some of the factors that are responsible for Becker becoming a recognized leader in the field:
- Exclusive HOA Representation – Unlike many other firms that have HOA practices in Florida, our practice is devoted exclusively to HOA representation. While we respect the rights of individual homeowners under Florida law, we focus our practice on promoting, protecting, and enforcing our HOA clients’ rights.
- Devotion to HOA Interests – As a result of our exclusive focus on HOA representation, we are devoted to advocating for homeowner associations’ interests in Florida. We are well-known for our advocacy in the courts, before the Florida Legislature, and before state and local agencies.
- Full-Service Advice and Representation – As outlined below, we provide full-service advice and representation for Florida homeowners associations. Our lawyers handle regulatory, legislative, transactional, and litigation matters for our clients, and we routinely assist with planning, development and other operational matters as well.
- Single Point of Contact in the Firm – All of our HOA clients have a single point of contact in the firm. This assigned attorney works closely with the association’s officers, directors and manager, and he or she serves as a liaison between these individuals and the firm’s attorneys who practice in other areas.
- Added-Value Resources and Services – Beyond providing legal representation, we also provide additional resources and services to our HOA clients. These include our proprietary online voting software, BeckerBALLOT.com, and our Community Association Leadership Lobby (CALL).
Our comprehensive suite of legal services for homeowner associations in Florida ensures that our clients are able to make informed decisions at every turn. We help our clients minimize their risk and maximize their opportunities. Contact us today to speak with an experienced Florida HOA attorney about how we can assist your association with the following:
- State and Local Compliance – Our Florida homeowner association attorneys assist HOAs with all aspects of state and local compliance. This includes compliance with state laws, rules and regulations, court rulings, and administrative decisions.
- Federal Compliance – We also assist with all aspects of federal compliance. This includes compliance with federal fair housing and anti-discrimination laws, as well as telecommunications, environmental, and other laws that apply to neighborhood development and HOA operations.
- HOA Governance Documents – Our lawyers have significant experience drafting, amending, interpreting and enforcing HOA governance documents. We routinely assist HOAs with Articles of Incorporation; Bylaws; Declarations of Covenants, Conditions and Restrictions; and rules and regulations.
- Day-to-Day Legal Counsel – Homeowner association officers, directors, and managers can encounter a variety of legal issues on a daily basis. Our lawyers are available to assist our clients with these issues as they arise. This includes everything from internal governance matters to homeowner complaints and inquiries.
- Homeowner Disputes – We represent Florida HOAs in all types of homeowner disputes. From turnover disputes to breach-of-duty allegations, we have seen it all, and we can act quickly to protect our clients’ interests and enforce their statutory or contractual rights.
- Maintenance and Repairs – Homeowner disputes often arise in relation to financial responsibility for neighborhood maintenance and repairs. Our lawyers assist HOAs with understanding, explaining, and enforcing maintenance and repair obligations. We also assist with the enforcement of homeowners’ obligations to maintain and repair their homes.
- Financing – We are able to assist homeowners associations in Florida with identifying financing sources, structuring lines of credit, and reviewing and negotiating loan and credit documents. We are able to assist distressed HOAs with financing-related matters as well.
- Fiscal Management – Our lawyers advise HOA officers and directors regarding fiscal management issues such as maintaining reserves and conducting special assessments. We also advise regarding homeowners’ requests for audits and other similar types of matters.
- Insurance – We advise HOAs regarding their insurance needs, assist with obtaining coverage and review policies pre-purchase. We also assist with HOA insurance claims and disputes between HOAs and their insurers.
- Collections – While no one likes dealing with collection issues, collecting homeowners’ dues and assessments is imperative for HOAs. Our lawyers help HOAs implement policies and practices designed to minimize the need for collections, and we provide representation for informal and formal collections efforts when necessary.
- Contract Drafting and Negotiation – In addition to governance and financing documents, our Florida HOA attorneys draft and negotiate all other types of contracts associations need to conduct their operations and protect their interests. This includes leases, planning and development contracts, and vendor contracts, among others.
- Planning and Development – Our HOA lawyers have guided numerous homeowner associations through the planning and development process. From initial planning through neighborhood completion post-turnover, we help our clients’ officers, directors, and managers make informed decisions with the association’s immediate and long-term needs in mind.
- Developer Issues – Maintaining a good relationship with a neighborhood developer can help minimize challenges, especially in the early stages of development. But, it is not uncommon for issues to arise; and, when they do, associations need to respond appropriately. We can help.
- Owners’ Ad-Hoc Committees – We counsel owners’ ad-hoc committees during the pre-transition phase. If you have questions about homeowners’ rights or responsibilities, we can explain what you need to know and help you chart your path forward.
- Hurricane-Related Matters – All homeowner associations in Florida need to address hurricane preparedness. We advise owners, directors, and managers regarding hurricane preparations, and we provide representation for HOAs during the recovery and rebuilding processes.
FAQs: Understanding (and Complying with) Florida’s Unique and Complex HOA Laws
Does Florida law limit homeowner associations’ powers?
Yes and no. While Chapter 720 of the Florida Statutes delineates several powers granted to homeowner associations in the state, this list of powers is not exclusive. HOAs can and should establish additional powers through their governing documents. At the same time, however, Chapter 720 places limits on the powers that homeowner associations can claim for themselves. Our Florida homeowner association attorneys are intimately familiar with Chapter 720, and they help our clients exercise appropriate authority within the confines of the law.
Are all homeowners associations in Florida subject to Chapter 720?
Generally speaking, all homeowner associations in Florida are subject to Chapter 720. Also, keep in mind that homeowner associations in Florida are subject to various other local, state, and federal laws as well, and HOAs must maintain compliance with all of these laws on an ongoing basis.
How can (and should) HOAs enforce homeowners’ obligations in Florida?
Homeowner associations in Florida have several options when it comes to enforcing homeowners’ obligations. This applies to everything from the payment of dues and special assessments to compliance with paint color restrictions and neighborhood speed limits. Fines, late payment fees and liens are all common enforcement tools. They will be effective in most cases, but we can assist with pursuing additional enforcement measures as necessary.
Additional Resources for HOA Communities Offered by Becker
What is BeckerBALLOT.com?
BeckerBALLOT.com is our firm’s proprietary voting software for HOAs and other community associations. Once an association’s board adopts a resolution authorizing use of the system, members who consent to vote electronically will receive invitations to register with an explanation of how to vote through the website. BeckerBALLOT.com can be used for matters including amendment of governance documents, waivers, approvals, board of director voting, and more.
What is the Community Association Leadership Lobby (CALL)?
CALL is Becker’s statewide advocacy group that represents the interests of our 4,000+ community association clients. In addition to providing information and tools for HOA officers, directors, and managers, CALL provides direct easy access to all 160 members of the Florida Legislature.
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