Business Services

Community Association Law

Our Community Association attorneys provide comprehensive counsel covering the broad spectrum of legal services provided to condominium, homeowners, time share and cooperative associations. Our attorneys represent associations starting with developer turnover and continue for the life cycle of the association. In addition, our attorneys provide counsel to country clubs and master associations in all facets of their operations in both Florida and Ohio.

We represent associations starting with developer turnover and continue for the life cycle of the association.

Our services include covenant enforcement, representation of the association before the Division of Florida Land Sales with compliance issues and unit owner complaints, HUD complaints, homeowner statutory presuit mediation matters, vendor contract preparation and review, interpretation of governing documents, and counseling boards on day-to-day operations.

We routinely represent boards in the preparation of amendments to governing documents, preparation of amended and restated documents, turnover from developer control, mergers of associations and creation of multi-condominiums. Our attorneys counsel the Board of Directors on fiscal matters, special assessments, capital improvements, reserves, loan documents and lines of credit.

Our Community Association team of attorneys and paralegals work directly with associations and property management companies to assist with collection of delinquent assessments, lien foreclosures, mortgage foreclosures and unit owner bankruptcies. We also provide counsel on matters regarding construction defects, warranty and vendor contract default issues, and together with our litigation team members, assist with construction, warranty and contract litigation matters when they arise.

Our multi-disciplinary capabilities allow us to represent clients in labor and employment matters, including wage and hour issues, Immigration & Naturalization Services compliance and the preparation of management agreements and employment contracts. Additionally, we routinely work with executive-level managers, risk management professionals and human resource departments in handling all employment-related issues, including federal and state labor and employment law compliance, preparation and implementation of personnel policies and employment agreements, employee hiring, employee discipline, leaves of absence and accommodation issues, affirmative action, discrimination claims, workers' compensation, benefit administration and health and safety regulations.

Our Experience

  • Negotiated collections against delinquent owners by recording liens and filing foreclosure actions
  • Reviewed loan documents and issue an opinion of counsel in connection with a multi-million dollar loan for repairs and improvements to a high-rise condominium
  • Represented community associations in mediation of disputes with owners
  • Defended a community association in connection with allegations of civil rights violation
  • Prepared multi-million dollar contract for repairs to a high-rise condominium
  • Counseled community associations on compliance with statutes addressing handicap and familial status discrimination
  • Represented "housing for older persons" (55 and over) communities in connection with establishing restrictions and conducting census
  • Represented condominium, homeowners and master associations in connection with turnover from developer control
  • Prepared community association governing documents for community with projected 8,000 housing units
  • Represented condominium association in connection with construction litigation against developer and contractor
  • Represented developer in connection with development of hotel, mixed-use condominium and marina community
  • Represented developer in connection with turnover of control of 1500 unit community
  • Represented members of country club in purchase from developer
  • Negotiated cable television and other telecommunications contracts on behalf of community associations

What We Do

  • Interpreting the association’s governing documents
  • Fair Housing Act compliance
  • Mixed-use condominiums
  • Commercial and industrial condominiums
  • Covenant enforcement
  • Developer turnover
  • Management contracts
  • Preparation of amended and restated documents
  • Assisting with construction defect litigation
  • Assisting in labor and employment-related issues
  • Regulatory compliance
  • Successor developer issues
  • Handling loan negotiation and documentation
  • Handling assessment collections
  • Handling zoning and land use matters

Related Media & Events

  1. Alerts
    Updates on Legislation That Affects Florida Community Associations - Jul 23, 2019
    Summary of 2018 Community Association Legislation - May 31, 2018
    Hurricane Preparedness: Last Minute Tips - Sep 5, 2017
    2017 Community Association Legislation - Jun 29, 2017
    The Florida Medical Marijuana Law and Your Community Association - What You Need to Prepare For - Nov 17, 2016
    Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions - Nov 15, 2016
    2015 Community Association Legislation - Jun 24, 2015
    Important Information Regarding Depositing Checks - Aug 18, 2014
    Summary of 2014 Legislative Action Affecting Community Associations Practitioners - Jul 17, 2014
    2013 Statutory Revisions to Condominium, Homeowners' Association and Cooperative Acts - Jul 1, 2013
    Florida Legislature Moves to Expedite Foreclosure Process in HB 87 - Jun 20, 2013
  2. Articles
    Harassment in the Community: HUD Rules and Your Association's Liability - August 2018 - South Gulf Coast Chapter CAI (Community Associations Institute)
    The Condominium Construction Finance - 2016 - Illinois Institute for Continuing Legal Education
  3. Firm News
    Lori Moore Joins Local Board of National Association of Women in Construction - Jan 2, 2019
    Giordano and Lupo Join Roetzel & Andress Board of Directors - Dec 7, 2018
    Roetzel Attorney Lori Moore Recertified in Real Estate Law by Florida Bar - Dec 3, 2018
    Roetzel Attorney Sean M. Ellis Assumes Role as President of the Southwest Florida Real Estate Council - Aug 16, 2018
    Sarah Spector to Co-Chair Lee County Bar Association's Land Use and Governmental Law Section - Aug 9, 2018
    Roetzel Attorneys Spector and Lupo Earn Florida Bar Board Certifications - Jun 11, 2018
    Sarah Spector Assumes Role as President of the South Gulf Coast Chapter of CAI - Dec 20, 2017
    Akron Attorney Laura Wallerstein Receives Torchbearers SPARC Grant - Sep 28, 2015
    Roetzel Partner Sean M. Ellis Set to Speak at United Community Association Networking Event - Aug 25, 2014
    Roetzel Partner Sean M. Ellis Elected President of the Real Estate Investment Society - Feb 7, 2014