If you live in a condo in Miami, Aventura, Sunny Isles, Fort Lauderdale, Boca Raton, Hollywood, Hallandale Beach, or even Naples, chances are you have had a dispute with your condo association or they have had one with you. Because Florida law and Association Governing Documents (Declaration / By-laws) allow prevailing party attorneys fees in legal proceedings with condominium owners, homeowners and Co-op owners, arbitration or litigation with your community association should be your last resort. In the past 22 years as a Trial Attorney, I have helped many Condo Owners and Homeowners resolve disputes that they have with their Associations, Board Members, Property Managers, and other owners. I have handled all types of cases from water and mold damage due to association failure to maintain common elements and personal injury claims in common areas to arbitrary and selective enforcement claims, improper leasing restrictions, tortious interference with owner’s right to sell or rent, interference with an owner’s quiet use and enjoyment, noise complaints, harassment by board members and property management, and I find it extremely gratifying helping fellow pet owners that are faced with pet restrictions at their association.
Many condominium association boards will fight with owners for personal reasons that have nothing to do with the common good of the community. These condominium board members often use association attorneys to bully other owners. While the association’s Financial Resources are not unlimited they are substantially greater than the average condominium owner living in South Florida. Therefore, it is extremely important for the condominium owner to explore all options before resorting to arbitration or litigation which can be extremely taxing from both a financial and emotional standpoint.
The DBPR- DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES (“Division”) can assist some owners with disputes they may have with their condo association or board of directors. Unfortunately, the “Division” is often understaffed, may move slower than most people would want, and they only have jurisdiction over certain matters. The division does have a website that contains helpful information for Florida condominium owners, homeowners and coop owners.
If you are considering arbitration or litigation with your condominium association or they are threatening you with arbitration or litigation, the Division has a helpful FAQ discussing Frequently asked questions for condominium owners and homeowners dealing with arbitration, mediation, and litigation with their community associations. In addition, this website contains links to some helpful brochures that can be found on the Division website. The Division has put out a guide for the Recall of Condominium Board Members, as well as a guide for individuals interested in Purchasing a Condo in Florida and a pamphlet detailing Condominium Unit Owners Rights and Responsibilities under the Florida Condominium Act.
Before you file for arbitration or litigation against your condominium association, homeowners association or coop association, it is important to use your resources wisely. One of the best ways is to hire a Florida Condo Attorney that represents the individual unit owner. They can educate the condominium board or the association attorney as to how the governing documents and Florida law support your position. Condominium board members do not like to lose lawsuits and association lawyers that lose a case for the condominium board may be replaced quicker than you can say “prevailing party attorneys fees.”
The Law Offices of Herb M. Milgrim, P.A., is a Florida Law Firm that represents Condo Owners, Homeowners and Cooperative Owners that have disputes or are contemplating Litigation or a Lawsuit against their Association. We provide prospective clients with a *Free Case Evaluation. You can call us and tell us about your case to see if we can help you. Once we have been retained we review all of the relevant documents and governing Florida Laws and advise our clients on the best course of action. Call us now (954) 966-3909!