Community Associations



Community associations are governed by a complex—and, at times, arcane—set of statutes, administrative regulations, and governing documents. Members of Shumaker's Community Association practice group are skilled at navigating clients through this complex set of rules.  We use our knowledge of community association law to help developers or associations draft, record, and amend declarations, by-laws and other governing documents.

We also help community associations and homeowners enforce their governing documents.  Our Community Association practice group has extensive experience litigating the interpretation and enforcement of governing documents.  Whether litigating disputes over the election of directors, obtaining injunctive relief against association members who are violating the Association’s restrictive covenants, recording and foreclosing claims of liens for unpaid assessments, or litigating the priority of those liens, our experienced attorneys can handle your litigation.

Members of Shumaker's Community Association Practice Group also counsel community associations, board members and developers on their day-to-day operations in order to avoid litigation in the future.  We frequently provide counsel on a variety of issues, such as how to conduct elections, how to conduct board and membership meetings, how to amend governing documents, whether and how to regulate leasing and sales and how to draft and enforce architectural restrictions.  In essence, our Community Association Practice Group can provide as much or as little guidance as your association needs to operate effectively and efficiently.

Below is a list of some of the topics we routinely handle and a list of links to the various statutes and administrative regulations governing community associations.  If we can assist you in navigating these laws, please feel free to contact any of the attorneys in our Community Association Practice Group.

What are some of the issues we handle?

  • Amendments
  • Annual membership meetings
  • Arbitration
  • Architectural guidelines and architectural review procedures
  • Bankruptcy issues
  • Board certification training
  • Board meetings
  • Budget adoption and notice compliance
  • Collection of unpaid fines and assessments
  • Conflicts of interest
  • Construction defect litigation
  • Contract review
  • Corporate counsel
  • DBPR issues
  • Document inspections
  • Drafting governing documents
  • Elections (from proper handling to election disputes)
  • Emotional support animals and service animals
  • Enforcement of covenants and restrictions
  • Estoppel certificates
  • Fair Housing Act
  • Financial reporting compliance
  • Fining policies and procedures
  • HUD complaints
  • Hurricane policies
  • General counsel
  • Land use and zoning issues
  • Levying special assessments
  • Liens (including pre-lien and intent to foreclose letters)
  • Litigation
  • Maintenance responsibility
  • Mediation
  • Meeting notice review and compliance
  • Mortgage foreclosures
  • Opinion letters
  • Recall of directors
  • Rentals (drafting and enforcing rental policies and addressing short term rentals)
  • Reserves
  • Rogue board members
  • Rules and regulations
  • Revitalizing governing documents
  • Turnovers of control from developers
  • Water damage

Related Statutes and Administrative Codes

Important Links


News Releases

10.17.2018Mandi Ballard Clay to Speak at Fred G. Minnis, Sr. Bar Association General Meeting
10.11.2018Erin S. Aebel to Serve as a Panelist for the Conscious Capitalism Florida Chapter’s Discussion on Diversity and Inclusion
10.09.2018Wiline Justilien Davis to Speak at The Collective’s “Maritime Happy Hour” Networking Event
10.04.2018Mandi Ballard Clay to Speak at Carrollwood Bar Association Monthly CLE Luncheon
07.16.2018Jaime Austrich Installed as President of the J. Clifford Cheatwood American Inns of Court
07.12.2018Julio C. Esquivel Served as Panelist at West Coast District Global Commercial Real Estate Symposium
07.11.2018Ronald A. Christaldi Selected by Business Journals as One of Nation’s 100 Most Influential Attorneys
07.03.2018Carlye Morgan Appointed to Athena Society Board of Directors
06.25.2018Monica H. Johnson Elected to the Hispanic Services Council Board of Directors
06.11.2018Mandi Ballard Clay Appointed to the Florida Bar Association’s Standing Committee on Mental Health and Wellness
06.06.2018M. John Burgess Named to Employee Benefits Conference Committee for the Florida Institute of Certified Public Accountants
05.23.2018Tommy McDonnell Elected to the Florida Museum of Photographic Arts Board of Directors
05.14.2018Julio Esquivel Named President of Gasparilla Music Foundation
03.29.2018Shumaker Attorneys Recognized as Top Lawyers 2018 by Tampa Magazine
02.22.2017Jonathan Ellis Recognized for Advocacy Work
02.09.2017Jonathan Ellis Honored with the Tikkun Olam Award
01.18.2016Shumaker Launches Blog About Condo & HOA Laws
11.04.2015Monica Hernandez Johnson Joins Shumaker, Loop & Kendrick,LLP
07.16.2015Shumaker Fights Foreclosure Auction Fraud for Tampa Bay Community Association

Blogs

10.24.2018Join us on Thursday, November 15th for an HOA Board of Directors Training
07.24.2018HOA Advanced Board of Directors Training
06.05.2018Voting by E-mail and Written Consent
04.30.2018Homeowners Association Director Nominations in Advance of the Annual Meeting
04.16.2018"Sunshine Laws" Do Not Apply to Community Associations (Open Meetings are Still Required)
04.03.2018Tenants and Personal Property after a Foreclosure Sale
03.27.20182018 Legislative Changes for Community Associations
10.12.2017Hurricane Shutters and Hurricane Protection Policies: Does your Condominium have what it needs?
10.09.2017Condominiums and Conflicts of Interest: How to interpret the rebuttable presumption
09.05.2017Assignment of Condominium Limited Common Element Use Rights
07.25.2017RENTAL APPLICATIONS: Can rejecting a tenant based criminal background lead to a HUD complaint?
06.28.20172017 Legislative Changes to the Florida Condominium Act
06.27.2017Changes to Financial Reporting Requirements for Associations
06.19.2017CLIENT ALERT UPDATE: COMMUNITY ASSOCIATIONS' ESTOPPEL CERTIFICATES
06.19.2017Client Alert: Update: Community Associations' Estoppel Certificates
06.15.2017Water Shortage Restrictions Override Deed Restrictions
04.17.2017SHORT TERM RENTALS
04.17.2017Short Term Rentals
04.10.2017The Role of the Community Association in Neighbor vs Neighbor Disputes
04.04.20172017 Proposed Legislation Regarding Florida Statutes, Chapter 718
03.16.2017Two's Company, but Three's a Crowd: A Third Party's Right to Intervene in a Foreclosure Lawsuit
03.07.2017Restrictive Endorsement
02.28.2017Limitations on Community Association Approval or Denial of Service Member Rental Applications
02.08.2017Community Associations and the Second Amendment
12.27.2016What Information Is My Community Association Required to Provide in Relation to Sales of Units?
12.20.2016Recent Changes to the Florida Statutes Governing Homeowners Associations
12.07.2016Shumaker, Loop & Kendrick, LLP Announces Complimentary Community Association Board Member Education Certification
10.28.2016Limitations on Community Association-Imposed Solar and Renewable Energy Restrictions
10.24.2016Fire Sprinkler Retrofitting
09.06.2016Condominium Leasing Restrictions' Impact on FHA Home Loan Eligibility
08.29.2016Accommodating Requests for Service Animals and Emotional Support Animals in your Community
08.25.2016Are Condominium Unit Owners Required to Carry Insurance?
05.11.2016Ellis named Top Lawyer by Tampa Magazine in Community Association Law
04.13.2016Maintenance versus material alteration
03.14.2016Are your Declaration's lease and sale approval provisions enforceable?
03.08.2016Conducting election of directors during transfer of association control in a community
03.03.2016Consideration of a first mortgagee's "safe harbor" request
02.15.2016What amending your governing documents can do to save your association money
02.08.2016Are law enforcement vehicles subject to Community Association "commercial vehicle" bans?
02.03.2016Sexual Offenders and Predators in the Community
01.14.2016When do community associations need to vote to roll over surplus funds to the next fiscal year?
01.13.2016Community Associations' Recovery of Rent from Delinquent Tenants and Owners
12.02.2015Is your association selectively enforcing its deed restrictions?
10.29.20152015 Tampa Bay Condo & HOA Expo
10.15.2015Community Associations: Amendments to Chapters 718 & 720, Florida Statutes

Publications

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