Scope of Services
Associations are often forced to resolve disagreements with unit owners, contractors, management companies, and even local governments. Whenever these disputes arise, your Association should have an experienced and well-qualified law firm to represent its interests.
The services we typically provide our Condominium and Homeowners Association clients include:
- Collecting delinquent assessments, from initial demand through foreclosure
- Enforcing covenants, restrictions, rules and regulations, from initial violation notice through arbitration or injunction
- Advising the Association as to its legal rights and possible exposure to liability relative to contemplated actions
- Providing legal opinions which may include the interpretation of the Association’s governing documents and relevant Florida law
- Answering questions regarding day-to-day operational issues facing the Association
- Reviewing; negotiating, and drafting proposed contractual agreements between the Association and third parties
- Assisting the Association in amending its governing documents
- Instituting legal action on behalf of the Association
- Addressing issues surrounding the development of adjacent Community Associations as well as commercial property including related land and zoning issues
- Negotiating bulk cable or satellite television contracts
- Defending the Association with respect to lawsuits brought against the Association
- Counseling developer controlled Associations prior to turnover to unit owner control
- Facilitating the re-classification of Association property from a designated flood zone
- Preserving or reinstating the Associations restrictive covenants due to possible expiration as a consequence of the Marketable Record Title Act (MRTA);
- Reviewing insurance policies
- Assisting in the turnover process (including settlement negotiation) and, if necessary, the commencement of litigation surrounding turnover issues
- Attending, upon request, meetings of the membership or Board of Directors including annual and special meetings as well as elections
- Counseling the Association on any legal matter facing same and taking action to protect and promote the legal rights of the Association.
- Representation of the Association in their property insurance claims resulting from casualty losses such as hurricanes, as well as disputes against their insurers.
The nature of legal services needed by Associations is as varied and individual as the Associations themselves. Legal services for Associations involve a combination of more conventional specialty areas including real property, corporations, litigation, contracts and insurance. Condominium and Homeowners Association attorneys must be educators, problem preventers as well as problem solvers, corporate advisors, decision facilitators, and advocates. At Basulto Robbins & Associates, LLP we strive to provide a level of representation which surpasses the expectations of our clients.
An Association has to be ready to face any legal issues that come its way. If a unit owner challenges an amendment or provision of the Declaration of Condominium/Restrictions, the Association and its attorney must be ready to face that challenge. We have compiled a team of litigators, well equipped for the battles, along with a team of even-tempered transactional Association attorneys who focus on areas such as resolving disputes internally, interpreting and updating governing documents, enforcing covenant violations, assisting with transition to owner control, and dealing with any of the questions that arise in the operation of an Association’s business.
We are always available and accessible to our Condominium and Homeowners Association clients as well as their authorized agents. The Firm takes great pride in providing personalized legal services for each of our clients, irrespective of size. Our goal is to exceed client expectations while providing cost-effective and innovative legal services to our Condominium and Homeowners Association clients.