Condominium, Homeowners Association and Equity Club Law

LitigationPhillips, Cantor, Shalek & Pfister, P.A. is particularly active in the area of condominium law, the representation of condominium associations, homeowner associations, equity clubs and real estate developers. By virtue of our thorough understanding of Florida’s extensive Condominium Act and Florida’s corporate laws, and our strong working relationship with the regulatory administrative body governing condominiums in the State of Florida, our attorneys provide representation to many condominium and homeowner associations throughout South Florida. Additionally, our attorneys have gained a reputation for their knowledge in the representation of real estate developers and successor-developers (such as institutional lenders) who involuntarily find themselves holding title to Florida real property interests encumbered by an existing condominium or homeowners’ association regime.

In our representation of condominium and homeowner associations, we provide the following services:

  • Attendance at board of directors and members’ meetings and providing general counsel to the association
  • Review of contractual obligations affecting, or desired by, the association such as contracts for building repainting, roof replacement, valet parking service, cable TV and management service
  • Interpretation of existing documentation and preparation of any amendments
  • Representation of the association against the developer for claims pertaining to construction defects or financial obligations
  • Enforcement of restrictions and covenants
  • Collection of maintenance assessments by filing of claims of liens and, if necessary, implementation of lien foreclosure actions
  • In our representation of real estate developers, our attorneys represent clients in the overall development of the community plan, appropriate developmental processing with the city or county, preparation of the appropriate community association documentation and in the ultimate sale of the improved properties to third-party purchasers

For the lending institutions who involuntarily acquire ownership of real property, our attorneys:

  • Review and investigate particular rights and obligations confronting the successor-developer
  • Review and investigate relevant administrative building and zoning laws and ordinances
  • Review status of title
  • Prepare appropriate documentation permitting the institutional lender to sell the subdivided properties as a successor-developer
  • Advise as to the general management and direction of a distressed development, with particular emphasis on relations with the existing community association and its membership

With our extensive knowledge of Florida’s corporate laws, and our experience with community association and development regimes, representation of equity clubs and other social and athletic clubs comes natural to the Firm. Our attorneys are proficient in all issues which may arise in an equity club setting including, but certainly not limited to, members’ rights, voting, membership transferability, budget and finances, operations, member eligibility, enforcement of governing documents and member discipline issues.