Florida Condominium Associations

Category: Florida Real Estate Law
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Florida Condominium Association Legal Help

The ownership of property within a condominium association carries with it a different set of rules and responsibilities compared to owning your own home. If you are an Association and you want to revise or amend your By-laws, Rules or Declarations, you should seek the services of a lawyer to help you. Likewise, if the Association has a dispute or questions as to the proper procedures for an election, making a special assessment, or enforcing a lien upon a property, the Association is also advised to obtain the services of a lawyer. On the other hand, if you are a member of an Association and you feel that the Association is not conducting itself in a proper manner or if you have received a lien or special assessment notice, you should also retain a lawyer to protect your rights.

Russell Law and Patrick Russell, Esq., a Florida Real Estate lawyer are available to assist you with the legal issues that pertain to Florida condominium associations.  Russell Law can review all relevant condominium association documents, by-laws, declarations, and amendments.  Our law office will provide a Florida condominium association with advice as to the available procedures, rights, and duties of the association and its membership. A Florida real estate lawyer is also available to update, revise, amend, or completely rewrite any or all condominium association documents as needed.  Finally, Russell Law can help the condominium association collect or file and record liens for unpaid assessments or maintenance fees.

Provided that we do not already represent the Florida condominium association, Russell Law is available to assist unit owners with legal issues involving their condominium associations.   A Miami real estate lawyer can help you respond to condominium association demand letters, assessments, and liens.  Should your unit be damaged by another unit or due to a leak from the common property owned by the association, Russell Law can help you process your claim so your unit is repaired.

Florida Condominium Association Rules and By-Laws

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. Associations are also empowered to enact their own Rules for its members. Typical rules can cover such items as parking, pool access, terrace decoration, and visitor restrictions. Often, condominium associations require assistance to review and update their documents. 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.

Florida Condominium Association Powers

Since no one single owner can claim any common element as his own, a condominium association needs its collective membership to organize and vote on how to maintain, decorate, and 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.

Florida Condominium Association Property Rights

The ownership and use of property within a condominium association is subject to the condominium association rules. Although you still own your own “private space” like you would with a home, within a condominium each member therein also owns all of the common elements in equal shares. Typically a condominium owner is charged with the responsibility to make repairs to its own interior unit and space. The condominium is typically responsible for all repairs to the condominium common elements such as the roof, outer walls, and hallways. Often disputes may arise between an owner and the association as to the responsibility to make a repair Examples of typical disputes involve a leaking roof or an interior water pipe. Normally, if a common element such as a roof leak or a bursting water pipe causes damage to the interior of a unit, the association would be responsible for making repairs for those damages.

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