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Why Every Florida Condo Association Should Have an Attorney on Retainer

Condo associations run much like any other government entity or business organization. While they have their own set of rules and regulations that must be followed, they must also abide by local, state and federal law. That’s a lot of laws to keep track of!

To comply with all regulations and keep disputes and litigation at bay, it’s strategic and fiscally responsible to keep an HOA attorney on retainer.

Why Hire an HOA Attorney

Community law attorneys add significant value to HOAs. Having one on retainer means you’ll have unlimited access to legal counsel, predictable billing and access to a repository of educational resources. Read here for more ways a lawyer helps your Florida condo association. 

In addition, here are some critical ways an attorney mitigates risk and protects your association from legal issues.

  • Drafting and amending governing documents: Condo associations rely heavily on their CC&R documents. An attorney can play a pivotal role in drafting and reviewing these documents to ensure they are legally sound and align with the specific requirements of Florida condominium laws. This protects the association, the community and individual condo unit owners. Additionally, CC&Rs can be amended, but this is not a quick and easy process, and it must be done lawfully. 
  • Reviewing and negotiating contracts: Engaging in contracts for maintenance, services or renovations is commonplace for condo associations. An attorney’s expertise can be invaluable in negotiating favorable terms and reviewing contracts to safeguard the association’s interests. Moreover, Florida law requires the majority of HOAs to collect at least two competitive bids before beginning work on a project.
  • Navigating legal disputes: Disputes within condo communities can quickly escalate. An experienced attorney is trained in effective dispute resolution methods and can de-escalate tense situations before costly legal battles ensue.

These and other reasons are why hiring an attorney on retainer can be so compelling for HOAs. If your community decides to hire one, the board should vet the attorney the same way they would consider all agreements and engagements with other vendors or professionals. Do your due diligence and ask tough questions. 

To learn more about how our team at Dania Fernandez and Associates, P.A. partners with South Florida HOAs, get in touch with us today.

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