Condominium Law Archives - A Condo Law Firm For Consumers

Condominium law covers a wide range of legal issues that affect unit owners, associations, and residents living in shared communities. From disputes over common areas and maintenance responsibilities to rule enforcement and assessment fees, condominium law can be difficult to navigate without experienced legal counsel. Unit owners are not always aware of the full extent of their rights, and associations do not always operate within the boundaries of the law. The Law Offices of Herb M. Milgrim, P.A. is here to help you understand your options and fight for a fair resolution. Contact us today.

Mar

Staying Out of Trouble During Your Condo Renovation

March 29, 2021Herb M. Milgrim, Esq.Condominium Law

If you are thinking of renovating your Florida condo, there are certain steps you must take before construction can begin. First and foremost, you must check your Association’s Governing Documents (Declaration of Condominium and Condo Rules) to be sure your proposed renovation is allowed. Second and equally important is ensuring that you have the necessary...

Feb

Florida Condo Law: What to Look for in an Attorney

February 2, 2021Herb M. Milgrim, Esq.Condominium Law

If you are a Florida condo owner and are seeking legal representation to assist you with a dispute with your Association, there are several important factors to consider when hiring counsel. First and foremost, you want an attorney who is experienced in Florida condo law and has a winning track record with cases like yours....

Oct

Condo Board Elections: Recalls, Fraud, and Other Election Issues Owners Should Know

October 30, 2020Herb M. Milgrim, Esq.Condominium Law, Owners Rights

As Condo Board election season gets underway, it is important for condo owners to understand that they have rights and options for ensuring that elections are fair and that condo board members do not abuse their position of power. From access to election records, to seeking to recall a board member or members, and/or complaining...

Jun

What You Should Know About Hurricanes, Your Condo, and Your Emotional Support Pet

June 26, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

As hurricane season gets underway, there are a number of important preparedness steps Floridians should be taking. Creating or updating your family disaster plan, stocking your home and car with emergency supplies, collecting important documents (emergency phone numbers, insurance information), and preparing for a possible evacuation order, are just a few key elements of Florida...

May

Mold and Water Damage in Condos Caused by Association’s Failure to Maintain Common Elements

May 28, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condo Water Damage Claims, Condominium Law, Toxic Mold in Condos, water damage

It has been a particularly rainy spring in Florida and many condominium owners are dealing with mold and water damage in condos because their Associations are failing to maintain the common elements in their complex. Fortunately, if the Association has failed to properly maintain the comment elements, such as the roof or the exterior walls,...

Apr

What Maintenance and Repair Responsibilities Will I Have in My New Florida Condo

April 8, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condo Water Damage Claims, Condominium Law, Owners Rights, water damage

When you buy a condo in Florida, it is important to understand the maintenance and repair obligations you will have as an owner. Generally speaking, your condo owner’s association (COA) will be responsible for maintaining and repairing the common spaces. For a detached condo, this typically covers landscaping, trash, and the building exterior. Some exterior...

Mar

A Guide to Navigating the Coronavirus for Florida Condo Owners

March 26, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

As we all navigate the new reality we are living in the wake of the COVID-19 outbreak, it is important to stay calm, keep up-to-date on the latest developments, and do everything you can to protect yourself, your loved ones, and your community. Many of our clients are living in condo communities and are struggling...

Mar

How to Find Out if the Florida Condo You Want to Buy is Pet-Friendly

March 11, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights, Pet Restrictions

If you are looking to buy a home in a pet-friendly condo, be sure to check the rules of the condo or homeowner’s association (HOA). There are likely to be restrictions on the kind of pets you can bring, where they can go within the community, and how they are expected to behave. As a...

Feb

What is my Florida Condo Association Required to Post on Its Website

February 27, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

You may not know it but your Florida condominium association may be required to have a website containing a wealth of useful information for unit owners. In the age of technology and transparency, access for unit owners to everything from notices of board meetings to copies of budgets, bids, declarations, and financial reports should be...

Feb

HUD Issues New Guidance on Support Animals

February 12, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions

On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) released guidance on the process of requesting an accommodation under the federal Fair Housing Act (FHA) for a comfort pet. The previous guidance put out by HUD (FHEO-2013) is now replaced with this new guidance report. The FHA provides that disabled persons...

Jan

My HOA Hasn’t Responded to My Complaint – What Now?

January 22, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

Condo Law Firm For Consumers If you are involved in a dispute with your Homeowner’s Association, it is important to understand your rights and obligations, as well as your possible options for pursuing a complaint. Whether your dispute involves a selective enforcement claim, a request for a reasonable accommodation for a therapy pet, payment for...

Jan

FAQs About Mold and Moisture in Your Florida Condo

January 8, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condo Water Damage Claims, Condominium Law, Owners Rights, Toxic Mold in Condos, water damage

Florida Condo Mold and Water Damage Claims Living in a warm and humid climate like Florida’s puts your home at risk for mold growth. The risk only increases during hurricane season (June 1 – November 30). Mold prevention should not only be a regular part of maintaining your Florida condo, but it is also important...

Dec

Liability of Individual HOA Board Members for Fair Housing Violations

December 23, 2019Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

If your request for a reasonable accommodation from your Florida condo association has been denied (such as a request to keep an emotional support animal or service dog in your pet-restricted condo), you may have a viable claim that the association has violated the Fair Housing Act (FHA). The FHA prohibits discrimination against disabled residents...

Dec

How to Prove Selective Enforcement By a Florida Condo Association

December 16, 2019Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

Condominium owners who believe that their association is unfairly enforcing a rule or restriction against them may be able to claim “selective enforcement” as a defense. Under Florida Law, condominium restrictions or limitations cannot be enforced in a selective or arbitrary manner. In other words, a condo association or HOA cannot enforce a rule against...

Nov

Who Will Pay for the Water Damage in my Florida Condo

November 14, 2019Herb M. Milgrim, Esq.Condo Water Damage Claims, Condominium Law, Owners Rights, water damage

If you have suffered water damage in your Florida condominium, it is important to understand your rights and obligations. Whether or not you will have any responsibility to pay for the resulting damage will depend primarily on its cause. Generally speaking, if the damage was caused by an “insurable event,” meaning something unusual, unexpected and...

Oct

Federal Government to Provide Guidance on Verification Requirement for Emotional Support Animals

October 3, 2019Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

The law allows people with disabilities who wish to keep their emotional support animals (“ESAs”) in their Florida condos to seek a reasonable “accommodation” from their associations. Key to the success of your request will be knowing what information you need to provide when you request an accommodation and how to be sure that the...

Apr

Emotional Support Animals Are Not Fake! They are as real as our emotions.

April 12, 2018Herb M. Milgrim, Esq.Condominium Law, Pet Restrictions

I am sure many of you have been reading the recent articles in our newspapers dealing with Service Animals and Emotional Support Animals. Many of these news articles appear to be one sided trying to paint a picture that the majority of claims out there are fraudulent attempts to get by Association Pet Restrictions or...

Jan

Aventura Sunny Isles Condo Attorney That Helps Individual Owners

January 28, 2018Herb M. Milgrim, Esq.Condominium Law

As a Condo Attorney with offices near Aventura and Sunny Isles Florida I have seen many new high rise condominium buildings completed over the last several years. With this dramatic increase in the number of condominiums in Aventura, Sunny Isles and North Miami, I have also seen an increase in the number of claims being...

Jan

Broward County Condo Attorney Can Help Defend Owners’ Rights

January 27, 2018Herb M. Milgrim, Esq.Condominium Law, Owners Rights

As a Broward County Condo Attorney with over 20 years in practice I have seen many examples of Associations failing to work with individual owners in order to resolve disputes. Unfortunately many Board Members refuse to take action to resolve a dispute until they are faced with an attorney’s fee claim from the owner. The...

Dec

Board Members that Threaten and Intimidate are Interfering with Owners’ Rights To Quiet Use and Enjoyment

December 16, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

As we approach the end of the year many Condominium and Homeowner Associations will be getting ready for their annual meetings. During these meetings the Board usually presents the community with a copy of the Annual Budget and elections are held to elect the members of the board. If you have been having problems at...

Nov

Waiting to Hire A Florida Condo Attorney May End Up Costing You More In The End

November 3, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

As a Florida Attorney that aims in representing condo owners and homeowners involved in disputes with their Associations I get calls each week from owners that simply can’t decide whether they should retain an attorney “now” or wait and see how things go. Many clients simply can’t afford to retain an attorney on an hourly...

Oct

Condo Pet Restrictions and Service Animals

October 14, 2017Herb M. Milgrim, Esq.Condominium Law, Pet Restrictions

As a Florida Attorney that represents Condo Owners and Homeowners that have disputes with their Associations I hear many stories of about how owners have been damaged by the actions or inactions of their Associations. I usually only hear the bad. As an experienced Trial Attorney I know that it is my job to listen...

Sep

Condo Attorney Explains Free Case Evaluation

September 17, 2017Herb M. Milgrim, Esq.Condominium Law

We have been getting a tremendous response from all of you thanks to this website. We have helped many Florida Condo Owners and Homeowners with water damage cases, mold contamination, pet restrictions, selective enforcement, illegal budgets and harassment by overzealous board members. For those of you new to the site we offer a Free Case...

Feb

Fort Lauderdale Condo Attorney Welcomes Your Comments But Cautions You on Leaving Personal Information

February 7, 2017Herb M. Milgrim, Esq.Condominium Law

In an earlier post on Condo Pet Restrictions I received a comment that was more of a request for a Free Case Evaluation. In response to the comment I wrote the following: While I welcome all of your comments about the articles and topics on my website I must caution you and any other readers...

Jan

Can Condo and HOA Boards Change Use Restrictions Without Owners’ Vote?

January 13, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights, Pet Restrictions

Many of us in Florida live in Condominiums and Homes governed by Associations. These Associations are typically run by Board Members that we elect to run our development. What happens when the Board tells us that we can’t have dogs over a certain weight, that our teenagers can’t use the common Gym unless they have a...

Jun

How Long Do I Have To File Suit Against My Condo Association?

June 23, 2010Herb M. Milgrim, Esq.Condominium Law, water damage

As a Florida Condo Lawyer aiming in representing owners in disputes against their associations I often get asked “how long do I have to file suit against my condo association?” Many condo owners and homeowners have claims against their associations for “water damage and mold damage damage due to association’s failure to maintain common elements,...

Jun

Condo water damage: who is responsible?

June 17, 2010Herb M. Milgrim, Esq.Condominium Law, water damage

The rainy season is upon us in Florida. Every afternoon the clouds form and the rain pours. Condo owners and homeowners need to be alert to the signs of roof leaks, water damage and mold contamination. During heavy rains be sure to check the ceiling and areas around the window for signs of moisture. For...

Jun

You can now follow Florida Condo Law on Twitter

June 11, 2010Herb M. Milgrim, Esq.Condominium Law

Hello everybody. I just wanted to let you know that you can now follow Florida Condo Law on Twitter. Follow all the important issues involving Condominium Associations, Homeowners’ Associations and Cooperative Associations in Florida. Some recent topics include: Association Failure to Maintain Common Elements, Association Pet Restrictions, Filing a Lawsuit against your Association, Updates on...

Jun

FLORIDA LAWYER REPRESENTING CONDO OWNERS DISCUSSES ASSOCIATION PET RESTRICTIONS (part 2 of 3)

June 8, 2010Herb M. Milgrim, Esq.Condominium Law, Pet Restrictions

What do you do when your Condominium Association sends you a letter telling you to get rid of your pet? (The following is the second of three parts. The first part discussed pets that are actually “service animals” protected by the Fair Labor Housing Act. This second second part discusses “emotional support” animals and the third...

Jun

Florida Lawyer discusses procedures to “recall” a Co-op Board Member

June 7, 2010Herb M. Milgrim, Esq.Condominium Law

Every week I get calls from homeowners and condo owners that feel that they are being harassed by a specific board member or that the board member has lied or done something dishonest. This week the call came from an individual living in a cooperative association or “co-op”. These types of associations usually have far...

Jun

Condominium Association Failure to Maintain Common Elements-(part 2)

June 1, 2010Herb M. Milgrim, Esq.Condominium Law, water damage

Under Florida Law the Association is responsible for all damages proximately caused by its failure to maintain the common elements. Because the association's duty is non-delegable the Association will have very few defenses to the owner's claim.

May

A FLORIDA ATTORNEY THAT REPRESENTS CONDO OWNERS’ DISCUSSES ASSOCIATION PET RESTRICTIONS (part 1 of 3)

May 27, 2010Herb M. Milgrim, Esq.Condominium Law, Pet Restrictions

What do you do when your Condominium Association sends you a letter telling you to get rid of your pet? For many of us our pets are like members of the family so this can be a very traumatic and difficult decision to deal with. Before you attempt to take on your Condominium Association by...

May

Condominium Association Failure to Maintain Common Elements-(part 1)

May 25, 2010Herb M. Milgrim, Esq.Condominium Law

In deciding whether to file a lawsuit against your Condominium Association or Homeowner’s Association, one of the most powerful claims that can be raised is the Association’s failure to maintain the common elements. For Condominium Associations governed by Chapter 718 of the Florida Statutes, Section 718.113(1) provides in material part the following: “Maintenance of the...

May

Florida Condominium Lawyer Discusses Arbitration v. Litigation

May 22, 2010Herb M. Milgrim, Esq.Condominium Law

Before considering filing suit against your Condominium or Homeowner’s Association you must first determine whether your issue needs to be arbitrated before a panel of arbitrators or can be decided by a Judge or Jury. Florida Statutes §718.1255 for Condominiums and § 720.311 for Homeowner’s Associations provides the procedures and conditions for Alternative Dispute Resolution and...

May

Florida Condo Attorney Discusses Alternative Dispute Resolution

May 20, 2010Herb M. Milgrim, Esq.Condominium Law

*You should always consult with a Florida Law Firm that focuses on representing condo owners when contemplating a lawsuit or when faced with the threat of a lawsuit by your condo or homeowner’s association. Alternative dispute resolution (A.D.R.) is discussed in § 718.1255 of the Florida Statutes dealing with Condominiums. A.D.R. is used to resolve a...

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