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Board Members

Board Members are an integral and crucial part of a community. We understand the effort and time that you, as a Board Member, devote to your community. We are here to assist and support you in your role. As leaders in your community, you make numerous choices, and you can look to us to provide you with the information and details you require to make confident, swift, and accurate decisions. We share your goals: making your association a harmonious, balanced, and strong community.

Frequently Asked Questions

For your convenience, we compiled a list of frequently asked questions designed specifically with you, the Board Member, in mind. Please feel free to contact our Firm with any questions and to discuss how we can reach your goals together.

A law firm that focuses on the representation of condominium and homeowners associations understands the intricacies associated with these entities. The firm must have a working knowledge of Chapter 718 (the 'Condominium Act'), Chapter 720 (affecting mandatory homeowners associations) and the Chapter 617 (the 'Non-Profit Corporations Act'), as well as the various Florida cases and arbitration decisions that impact the operation and governance of an Association. The Board of Directors display sound business judgment by selecting a firm to represent the Association who understands this complex area of law.
Our firm recommends that the Board of Directors meet with us at least two (2) times per year to discuss strategy on pending legal matters. Our firm so deeply believes in this philosophy that we do not charge the client for the time spent preparing for or attending these meetings. We call these meetings 'Client Tactical Sessions' (CTS for short) and discuss strategy on energizing the Association's collections during these meetings.
The Association should follow a structured collections policy, which includes assessment of interest and late fees on delinquent payments, and correspondence from the Board or management company prior to the account being forwarded to the Association's legal counsel. All delinquent accounts should be forwarded to the Association's legal counsel within sixty (60) days of the initial delinquency.
The Association receives payment when the delinquent owner issues payment to our firm, after deduction of any attorney's fees owed on that matter. Our firm forwards payment to your management company (or the Association directly if self-managed), noting the account that it should be applied to and in what increments. Payments are sent once our firm is assured that the payment has cleared our firm's trust account.
If request for compliance from the Board and/or management company are not successful in curing the violation, the Association has two options: (1) levying a fine; or (2) injunctive relief. §718.303(3), Florida Statutes sets forth the process for the Association to levy fines for non-compliance with the Association's governing documents. If the levying of a fine does not temper the violation, the Association's counsel can send a Demand for Pre-Suit Mediation and proceed with a suit for injunctive relief, should the unit owner not submit to mediation.
The Board may conduct closed meetings when discussing pending and/or threatened litigation with their attorney or when discussing personnel matters (even if the attorney is not present). Unit owners may be excluded from attending these meetings. However, the Board is still required to post notice of these meetings and maintain minutes from these meetings, but these meeting minutes will be protected by 'attorney-client privilege' and/or exemptions to disclosure the official records.
Florida Statutes does provide that Board members can be compensated for service on the Board if provided for in the By-Laws of the Association. Board members do have a fiduciary responsibility to the unit owners and, in most Associations, Board members serve absent compensation of any kind.

Contact Our Firm

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