Jose Baloyra provides counsel to condominium and homeowner associations and has been involved in all aspects of Community Association law. His work with these communities includes covenant enforcement, document review and drafting, analysis and review of bank loans and general guidance to boards and managers on the statutory and documentary guidelines for the ongoing administration of their association. Additionally, his areas of practice include advising investors, individuals, financial institutions, commercial banks, condominium associations, and developers on all aspects of residential and commercial real estate, including: residential real estate purchases and sales; commercial real estate purchases and sales; residential and commercial lease transactions; business entity creation including drafting of shareholder agreements and operating agreements; commercial lending, including the preparation of loan closing documentation; mortgage lending regulations; title insurance; formation of condominiums and planned unit developments; real property or community association related litigation, including contract disputes, construction defect/558 cases, mortgage foreclosure, declaratory actions and condominium/HOA lien foreclosures.
He was a “Fund 25” member of the Attorneys’ Title Insurance Fund in 2004 and 2005, received the President’s Circle Award in 2007, and has been an active volunteer at the Boys & Girls Clubs of Miami. He also served from 2007-2014 as a Director of Pacific National Bank, N.A., a national banking association located in Miami, Florida with $400 million in assets, where he held the position of chairman of the Director’s Loan Committee. In addition, he is a licensed title insurance agent with Old Republic National Title Insurance Company.
- Represents numerous high-rise condominiums and large community associations in Miami-Dade, Broward, and Collier counties.
- Co-counsel in a class action lawsuit brought on behalf of association client who served as the class representative and against a Florida based association lender based on violation of Florida usury laws. After class certification, a settlement was reached with the lender which provided relief to the class members in the form of revised terms with the lender as well as injunctive relief.
- Co-counsel in a 558 construction defect litigation for a high-rise condominium in downtown Miami that resulted in a $13.5mm settlement for the association.
- Co-counsel in a 558 construction defect litigation for a commercial office condominium in downtown Coral Gables that resulted in a $4.5mm settlement for the association.
- Brought lawsuits against Airbnb and VRBO on behalf of a high-rise condominium in midtown Miami to enforce the Association’s restrictions prohibiting daily rental of condominium units. Both cases were settled with the defendants agreeing to cease daily rentals at the building.
- Represents developer of a hotel in the Wynwood section of Miami in assembling three parcels for development, including construction financing, equity offering and joint venture agreement.
- Represented a large condominium developer in the acquisition and conversion of 10 multi-family apartment buildings to the condominium form of ownership, including property acquisition, construction to perm financing, mezzanine financing, preparation of prospectus, obtaining DBPR approval for condominium, and handling closing of resale of converted units to end purchasers.
- Represented a commercial developer in the creation of a commercial warehouse condominium in Medley and handled the resale of units to end purchasers.
- Represented purchaser of a high-rise condo-hotel in the Brickell neighborhood of Miami.
- Represented foreign investor in the acquisition of a $20mm portfolio of multi-family units in Coral Gables.
- Serve as counsel to International Finance Bank in various commercial loans made to hotels and multifamily apartment owners.
- Obtained a $1.6mm settlement in arbitration action brought against a Miami based yacht brokerage.
PROFESSIONAL / COMMUNITY ACTIVITIES
- Director, Pacific National Bank, N.A. 2007 – 2014
- Chairman, Director’s Loan Committee
- Volunteer, Boys & Girls Clubs of Miami
- Member, Attorneys’ Title Insurance Fund