Condominium and homeowners associations in Florida operate much like any other government entity or business organization. They must follow their own governing documents while also complying with local, state, and federal laws. This is a complex legal landscape that can be difficult to navigate without guidance. For boards looking to reduce risk, ensure compliance, and protect the community, keeping an attorney on retainer is both strategic and fiscally responsible.
The Value of a Retained Attorney
Having a community association attorney on retainer provides associations with tangible and intangible value. With one on retainer, boards gain immediate access to legal counsel, experience predictable billing, and have a trusted partner who understands the unique challenges of Florida associations. Beyond these practical benefits, attorneys bring experience and insight that help boards avoid disputes, manage risk, and make informed decisions.
Key Ways Attorneys Protect Your Association
In addition, here are some critical ways an attorney mitigates risk and protects your association from legal issues.
- Drafting and amending governing documents – Governing documents, including CC&Rs, are the foundation of a condo association or HOA. An attorney ensures these documents are legally sound and comply with Florida law, protecting both the association and its members. Amending these documents is often necessary but must be done carefully and lawfully. An attorney guides boards through this process.
- Reviewing and negotiating contracts – From maintenance agreements to renovation projects, associations regularly enter into contracts. Attorneys review and negotiate terms to safeguard the association’s interests. Florida law also requires boards to obtain competitive bids for many projects, and legal counsel can help ensure this process is compliant and documented.
- Navigating disputes – Disagreements between owners, tenants, or board members can escalate quickly. Attorneys provide effective dispute resolution strategies to help de-escalate tensions before costly litigation arises. Their involvement ensures that the board acts within its authority while protecting the community’s interests.
Choosing the Right Attorney
Hiring an attorney on retainer is a significant decision, and boards should conduct thorough due diligence. Evaluate experience, responsiveness, and familiarity with Florida condo and HOA laws, and ask detailed questions to ensure the attorney’s approach aligns with your association’s goals.
To learn more about how our team at Dania Fernandez and Associates, P.A. partners with South Florida associations, get in touch with us today.
