OVERVIEW: The ownership of property within a condominium and homeowner’s association carries with it a different set of rules and responsibilities compared to owning your own home. Although you still own your own “private space” like you would with a home, within a condominium or homeowner’s association, each member therein also owns all of the common elements in equal shares.  Since no one single owner can claim any common element as his own, a condominium association and homeowner’s association needs its collective membership to organize and vote on how to maintain, decorate, and even use all of the common elements. All decisions concerning the well-being of the association from how or when to paint the exterior buildings, if and when to build a pool, or even the simplest decision as to who will be given a contract to maintain the grounds of the association must go to a vote. The power of the association extends to creating “house rules” that govern the manner in which the members may reside on the premises to enacting assessments against the membership to pay for an association expense like repaving the association parking lot. The procedures for the use and maintenance of the common elements as well as how the association conducts its business are all contained in the organization’s by-laws and declarations. It is within this ambitious and usually large document that very few people ever read that actually governs your everyday life and rights so long as you live within the confines of the condominium or homeowner’s association.  Often, condominiums or homeowner’s association require assistance to review their documents and all the various amendments made thereto to make additional changes or to obtain legal advice as to how or what they are entitled to do.  Some amendments made in the past may conflict with the present state of the law in Florida or may in fact conflict with each other.  On the other side, some owners may require assistance in those circumstances where they feel the association may be taking unauthorized action or is ignoring the requirements of its own documents or of Florida law.

KEY BENEFITS: A Miami Attorney for the review of all relevant condominium or homeowner’s association documents, by-laws, declarations, and amendments thereto. Advice rendered as to the available procedures, rights, and duties of the association and its membership.  Available to update, revise, amend, or completely rewrite any or all condominium or association documents as needed.

Note: The results and/or recoveries in individual cases are based on the facts and circumstances of that case.  Past results and recoveries achieved in similar cases are not an indication of the type of result or recovery that may be reached in your case.  Nothing stated herein is nor should be construed to be a guarantee of a result or recovery for your particular case.

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