Sarasota Homeowners’ Association Attorney
Experienced Sarasota HOA and Property Management Attorneys
The responsibilities of homeowners associations (HOA) and property managers are many. HOA boards are tasked with ensuring that entire living communities are well looked after. Whether it is creating standards of appearance and upkeep, enforcing rules, seeing to repairs of communal living areas or structures, or ensuring that long term HOA fees collections are adequate enough to cover the cost of a new roof, HOA board members always have the best interest of the association at heart. As such, problems are bound to arise. When HOA boards or property managers need legal counsel, the Sarasota Homeowners Association attorneys of HD Law Partners can offer more than 40 years of combined experience to ensure that your assets and property are protected.
HOAs are Considered Corporations Under Florida Law
According to Florida state statutes 720.301, an HOA or association is “responsible for the operation of a community or a mobile home subdivision.” All HOAs are bound to certain regulations, listed below:
- There must be a voting membership;
- The voting membership must be comprised of parcel owners;
- All parcels must therefore be members of the HOA;
- HOA managers must have a brokerage license, unless they are managing their own private property.
Furthermore, HOAs may create covenants and regulations, and when dues and fees go unpaid by members, the HOA is authorized to impose assessments and liens on such properties.
Our Attorneys can Offer the Following Assistance
Board members are volunteers, often with little or no legal background. It is no wonder that disputes and complications often arise. According to the National Association of Realtors, 70 percent of HOAs are underfunded. Hurricane damage, poor construction or building design, fire damage, mold, and regular wear and tear all take huge financial tolls on a community, and by not creating enough rainy day funds you may be setting yourself up for disaster. While no one wants to pay higher HOA fees, mismanaged or underfunded HOAs are an even bigger problem for parcel owners, who may take legal action against the board if it is believed to have been negligent. The HD Law Partners offer legal assistance to ensure that you are protected and that your actions are in the best interest of the community, which the board is legally bound to as a fiduciary. We help draft and review documents as well as provide legal assistance if and when disputes arise. Our attorneys are experienced in all of the following matters:
- Creating and amending HOA documents;
- Inclusion of appropriate covenants and restrictions;
- Appointments of board members and defining their specific duties;
- Meeting formats and proper governing and voting procedures;
- Financial statement procedures and review;
- Enforcement procedures and disputes involving homeowners;
- Procedures for collection of unpaid fees and debts;
- Guidance in asset recovery through foreclosures and seizures; and
- Construction defect litigation and mediation.
Contact an Experienced Homeowners Association Attorney of Sarasota Today
HOA board decisions and property management are no easy tasks, and legal issues are bound to arise without proper guidance from an experienced Sarasota Homeowners Associations Attorney. Contact the Sarasota-based HD Law Partners today for immediate assistance.