On the Fence About Hiring an Association Attorney? Here’s Why You Definitely Should

We may be a little biased in our opinion about hiring an attorney for your South Florida condo association, but it’s only because we’ve seen what the consequences of not hiring one can do for COAs.

Condo associations run much like any other government entity or business organization, and while they have their own set of rules and regulations that must be followed, they must also abide by local, state and federal laws. That’s a lot of laws to keep track of, which is why it’s not uncommon for COAs to bump into legal trouble without even knowing there’s an issue…until it’s too late. 

Moreover, most volunteer board members are far from having the experience it takes to manage an organization that is the size and complexity of a Florida condo association. To that end, we encourage COAs to assemble a strong and complementary team of experts to round out their leadership. We call this team the “Fantastic Five,” and they include the association’s board of directors, property managers, an attorney, an insurance agent and an accountant. 

Why Your COA Should Have an Attorney on Retainer

Retaining an experienced community law attorney is a strategic and fiscally responsible move to comply with all regulations and keep disputes and litigation at bay. Hiring one also means you’ll have unlimited access to legal counsel, predictable billing, and a repository of legal and educational resources. 

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

• By drafting and amending governing documents: Condo associations rely heavily on their CC&R documents. An attorney plays 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. 

• By 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 COAs to collect at least two competitive bids before beginning work on a project.

• By 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.

For more about all the ways an attorney can add value to your Fort Lauderdale condo association community, contact us at Dania Fernandez and Associates, P.A.