| Your Condominium Legal Advocates |
| The duties faced by directors of a Florida condominium can often become difficult requiring time, attention and dedication. Our clients with Florida real property issues reside in the local Florida area or outside of the State of Florida. We assist condominiums associations, unit owners and investors with their legal issues and concerns ranging from collections to enforcement of violations of restrictive covenants and all other matters affecting each community including but not limited to: * Amendments * Annual meetings and Elections * Arbitration, litigation and mediation * Budgets and Reserves *see article herein below* * Collections, pre-lien demands, rent, liens and foreclosures * Collections from owners, banks and lenders following foreclosure * Construction contracts and claims, * Demand letters * Denial of rental or purchase applications * Developer and Converter representation, transition/turnover matters, warranties, construction defects and financial claims * Fidelity / theft claims * Fines, fining committees, hearings on fines, and application of fines * Housing for Older Persons (55 and over) and * Insurance claims * Leasing/Rental issues * Official records / right of access to records * Opinion letters * Recall ballots and meetings * Water infiltration issues * All other condominium-related matters. This year, we find ourselves in a pivotal moment in time when the nation’s economy and real property values are in a critical status. The values of homes within Florida have fluctuated tremendously with many foreclosures in the aftermath. This in turn has left boards of directors of each association with varying levels of economic impact on their annual budgets, monitoring occupants and ownership and related work. The first step is involvement by community members to participate with their board of directors and not to give up. We provide full-service representation to condominiums by working with their boards of directors and management companies throughout Miami-Dade, Broward and other areas of Florida. Condominiums are governed by their Declaration of Condominium, By-Laws, Rules and Regulations and Amendments thereto. It is important to also apply condominium laws and condominium case law in addition to other statutes and appeals decisions to issues that arise. Condominiums are often managed by a full-time in-house manager or a management company. The Board of Directors meet periodically and assist the association at Special Board Meetings in addition to the Annual Meeting, Budget Meeting and Special Assessment Meetings. Thus, the law firm representing the condominium communicates with the Board of Directors - typically the president. We will ensure that the association remains satisfied with our services and that the Board of Directors receives fast and effective representation to make the work of the board members a simple as possible to be able to focus on administration and strategic issues. Our office represents unit owners on a case by case basis. Unit owners can obtain further information by calling or sending an e-mail to this office. ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Contact our offices today to schedule a consultation at (954) 752-1131 or at info@demoslaw.com The information contained on this page and within this website is as-is without any warranty and is not to be construed as legal advice. All persons interested in obtaining information for a particular situation should contact our office to discuss inquiries. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you hire an attorney, you have a right to ask for further information regarding the attorney's background, training and experience. Se Habla Espanol Copyright 2007-2010© - All Rights Reserved |
| ANDREW C. DEMOS, P.A. |
| Condominium Attorneys and Counselors |
| ANDREW C. DEMOS, P.A. Attorneys at Law |
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| Condominiums |
| (954) 752-1131 info@demoslaw.com |
| News and Notes - Did you Know ... Denying access to common areas to non-paying community association owners: There is a relatively new statute that relates to condominiums, homeowners associations ("HOA's") and cooperatives allowing denial of use of certain common areas when an owner is 90 days or more past-due. The denial does not apply to utilities, parking spaces or elevators. There must be notice to the owner and any tenant and it must be imposed at a board meeting. Other considerations and requirements apply. Collecting rent from tenants in units that are past-due Condominiums, HOA's and Cooperatives may demand rent from tenants in units that are past-due in their maintenance. The condominium has the power to evict tenants failing to pay the condominium in a timely manner under the landlord/tenant statute pursuant to statute. Certain restrictions and notice requirements apply. Condo board members are deemed to have abandoned their position on the board In a condominium, a director who is more than 90 days past-due in amounts to the association including assessments, fines or other amounts are deemed to have abandoned their office. Such a delinquency does not prohibit a candidate for a director position although the financial arrears must be paid prior to an election to be a viable candidate at the time of the election. At a homeowner association, a board member past-due 90 or more days in any fee, fine or other monetary obligation may not serve on the board. Permission to speak at meetings 2011 Florida statutory amendments make it clear that members are permitted to speak as to all items on an agenda at a board meeting. This law applies to condominium, homeowners associations and cooperative associations. Board meetings - sunshine requirements Florida law requires that a board must conduct open meetings to the rest of the membership unless an attorney present discussing pending or proposed litigation. A condominium or homeowners' association (but not a cooperative) may have a closed meeting regarding personnel matters without an attorney present. Condominium and HOA responsibility for past-due maintenance on units it acquires through foreclosure of liens A condominium and HOA is not required to pay itself as a "subsequent owner" of a unit as to units obtained through foreclosure. Note: There are frequent changes to the Florida statutes and there are constitutionality or other challenges pending or that were pending regarding one or more of the foregoing statutes. |
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| News and Notes. Did you know... 2011 Statute Amendments and other legal notes and news are listed at the bottom of this web page! Let us know if you have any questions or comments about these or other areas!... |
| (954) 752-1131 info@demoslaw.com |
| ANDREW C. DEMOS, P.A. Attorneys at Law |
| BUDGET RESERVES I was asked the following question: “Is it mandatory in the Condo Law for Florida to approve Budgets with Reserves?” Yes, the budget must include reserves for “capital expenditures and deferred maintenance”, which includes but is not limited to roof replacement, budget painting, pavement resurfacing or for other amount for which the deferred maintenance expense or replacement cost exceeds $10,000. There is a formula to compute the amount to reserve based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense for each item. The reserve assessments may be adjusted each year. More details and information is set forth in The Condominium Act, Fla. Stat., s. 718.112(2)(e) and (f). Reserves may be waived or reduced only upon vote of a majority of all nondeveloper voting interests in person or in proxy at a duly called meeting of the association. There is statutorily required information that must be stated in any proxy questions related to waiving or reducing reserves. A copy of the budget must be delivered at least 14 days prior to a budget meeting. An affidavit of compliance regarding proper delivery including all related provisions of The Florida Condominium Act must be filed with the condominium’s official records. Ask this office for a consultation regarding your budget or other questions. |
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