CONDO & HOA LAW
BROWARD COUNTY CONDOMINIUM AND HOMEOWNERS ASSOCIATION LAW
In Parkland, Coral Springs and throughout the State of Florida, there are many condominium and homeowners associations. These associations would not be able to function if there were not a way to enforce the obligation to pay the monthly dues, whether common or special assessments.
Florida law allows a condominium or homeowners association to enforce the monthly dues by placing a lien on the property and foreclosing on the unit that is delinquent.
That means an owner who does not pay the assessments can lose ownership of the condominium. The association will use the proceeds of the foreclosure to pay back the delinquent fees.
ASSOCIATION MEETINGS FOR COMMON AND SPECIAL ASSESSMENTS
Condominium associations have a fiduciary duty toward the unit owners that they represent. A condominium association cannot treat unit owners differently or unfairly. The association must use the money collected for the benefit of the unit owners.
The condominium bylaws or declaration, as well as Florida statutes, establish legal requirements for how meetings are conducted, how officers are elected, how assessments are collected and used.
A unit owner who doesn’t agree with how the association is handling the money collected may file a lawsuit against the association to demand an accounting of the funds.
FULFILLING MAINTENANCE OBLIGATIONS FOR A CONDOMINIUM
The purpose of collecting both common and special assessments is to keep the condominium well maintained. If the association is not fulfilling its obligations a unit owner may file a lawsuit against the condominium association to seek a court order against the association.
On the other hand, an association can seek a court order against unit owners who violate the by-laws of the homeowner’s association.
Often actually doing the maintenance is more difficult than approving a budget at a meeting. Engaging a property management company or a construction company for capital improvements is a difficult legal decision.
Condominium associations and homeowners associations need guidance from an attorney experienced in Florida condominium law.
Attorney Matthew Fornaro has over 14 years of experience representing condominiums and homeowners associations throughout Coral Springs and Broward County, Florida, and beyond.
With his assistance, an association board can resolve disputes, collect delinquent fees, and maintain the common areas. When results really matter, invest in the right choice for your business. Call Attorney Matthew Fornaro and schedule a consultation regarding your condominium association.