A community governed by the Americans with Disabilities Act (ADA) as opposed to the Fair Housing Act (FHA), is treated differently and subject to different rules under the law. It is important to understand which law applies to your community and the current situation before taking action.

The Florida Legal Advocacy Group will help create a fair housing policy for your association that will ensure equal opportunity for your residents and provide greater continuity and protection for your Board of Directors.

Residents with disabilities may be entitled to modify their property even if the modifications will violate the requirements in the association’s governing documents. We can advise the association and provide solutions that benefit all parties while adhering to applicable laws.

Let The Florida Legal Advocacy Group help you navigate fair housing laws with confidence.

Whether you are the developer and need to draft new documents or a seasoned association needing to amend current versions, The Florida Legal Advocacy Group has the ability to help you get the job done right.

There are a number of documents needed to launch and effectively run your association including: the Declaration of Condominium, the Articles of Incorporation, the Bylaws of the Association, the Declaration of Covenants, the Conditions and Restrictions and the Association Rules and Regulations. When properly drafted, these documents and amendments should be easy to understand and easy to enforce. Written without proper guidance or knowledge of the most current laws and statutes, your association documents could unintentionally jeopardize the entire community. If document provisions are too vague, legal action is almost certain when any party attempts to enforce them. To avoid legal hurdles down the road, it is also critical that the Association Rules and Regulations adopted by the Board of Directors are in agreement with and supported by the Community’s Declaration and Bylaws. Finally, the laws governing condominiums and HOAs have changed dramatically over the past few years to address recent economic conditions and must be considered while drafting, amending or interpreting documents related to your association.

The Florida Legal Advocacy Group is pleased to provide a review of your current governing documents, before you to invest your community’s time and resources in document revisions.

The Florida Legal Advocacy Group is aggressive and strategic in the collection of past due assessments. We have an excellent track record and proven techniques that can eliminate your collection problems – even in a difficult economy.

Turnover is the process of shifting the control of the community association from the developer to the homeowners. A common misconception is that “turnover” is a point in time where homeowners receive title to the community’s common property and buildings, and confirm that the developer has met all obligations. However, this is not the case—the transfer of property is more gradual, taking place as each home or unit is completed and sold. For condominiums the turnover process begins when the developer has sold 15% of the total units. For HOAs the process begins at 90% occupancy. Note that in rare cases, developer bankruptcy can cause the transition to occur sooner. At the end of a successful turnover, the homeowners are in control of the community and have the power to make all pertinent decisions through the association’s Board of Directors.

The Florida Legal Advocacy Group will provide legal counsel and assistance throughout the turnover period regarding

• Creation, proper representation of parties, and election of the board of directors
• Secure and complete transfer of items required to be provided by the developer (including, but not limited to, association funds, meeting books, the original declaration and bylaws, plans and specifications, insurance policies, agreements and service contracts, and all warranties)
• Oversight of the CPA audit of all financial records
• Transfer of appropriate property deeds to the association free and clear of all liens.
• Legal counsel for post-transition, owner-controlled associations on developer issues, including the resolution of warranty, accounting and representation claims, and the establishment of on-going operational controls.

The Florida Legal Advocacy Group aids associations in obtaining financial assistance through the review of loan documents, structuring commercial lines of credit, and arranging sources of financing for recreation lease purchases, capital improvements, etc.

Staying current with recent court rulings and laws impacting the operation of community associations allows us to provide valuable advice and legal counsel for the daily operation of your HOA or Condo Association. For our current association law clients, we routinely address questions regarding operational, technical, regulatory, and practical issues facing their communities.

We assist our client associations’ Board of Directors with fiscal matters, including but not limited to budgeting, establishing proper reserves, and levying special assessments. We will also provide assistance with maintenance and repair issues helping to distinguish projects requiring Board approval and those requiring owner approval.

Our professional legal assistance in planning for construction projects and drafting appropriate contracts, ensures your associations’ protection and compliance with construction lien laws.