Fort Lauderdale | West Palm Beach | Palm Beach Gardens | Stuart

Community Association Law

FORT LAUDERDALE / BOCA RATON / WEST PALM BEACH CONDOMINIUM AND HOMEOWNERS ASSOCIATION ATTORNEY

Tiller & Rivera Law P.A., PLLC., represents both community associations and unit owners residing in communities governed by community associations.

Florida is a leader in the development of condominium association and homeowner association governed communities and the attorneys of Tiller & Rivera Law P.A., PLLC., pride themselves on their dedication to serving and representing these associations and the property owners residing in these communities throughout Florida.

Condominium associations and homeowner associations are the governing entities responsible for the proper maintenance of these communities and the administration of the rules, regulations, and applicable laws implemented for the protection and functioning of the community itself. The laws regulating these associations in the state of Florida can be complex and an understanding not only of community association law as set forth in Chapter 718 (Condominiums) and 720 (Homeowners Associations) of Florida Statutes, but also knowledge and experience in matters related to real estate and foreclosure, collections, insurance, and other complex areas of the law is required to properly represent the association or a property owner residing in such a community. The issues that arise in many communities can be diverse and competent counsel is necessary to both assert and defend the interests of the client.

As a result of a depressed real estate market and the record numbers of delinquencies and foreclosures in communities across the state, it is critical for condominium associations and homeowners associations to have counsel flexible and accessible in order to quickly and effectively take action to decrease collection losses.

A new environment requires a new way of thinking. The traditional association law firm template is no longer functioning. Mortgage lenders holding first mortgages have been slow to proceed to judgment in foreclosure actions leaving the associations with budget deficits resulting from an inability to recover a portion of the arrears from the new owner of record or the first mortgage holder after a completed foreclosure sale. Associations need counsel that will aggressively pursue title to the property or ensure mortgage holders are prosecuting foreclosure actions to decrease the period during which no assessments are being paid. Condominium and homeowners associations cannot function without a sufficiently funded budget.

Due to the number of foreclosures that are being filed and the number of units in foreclosure, competent foreclosure attorneys should be consulted. The community association and foreclosure attorneys of Tiller & Rivera Law P.A., PLLC., stand ready to assist in all community association matters whether sought for guidance on association issues and governance or collections and foreclosure prosecution. Many unit owners are filing for bankruptcy to discharge their assessment debt therefore it is often necessary for the association to have competent bankruptcy counsel to properly collect these amounts. Not all assessments and debt incurred by the unit owner can be discharged in every bankruptcy case so it is often essential to proper representation to consult with an attorney about the association's rights in bankruptcy.

FORT LAUDERDALE / BOCA RATON / WEST PALM BEACH CONDOMINIUM AND HOMEOWNERS ASSOCIATION ATTORNEY

The complexity of community association law and the interplay between management companies, associations, and unit owners often lead to issues and disputes filed by the unit owner themselves. In many cases, the association has not properly accounted for payments despite a clear record of payment or the association has taken actions not authorized by law or by the documents governing the association itself. Associations often fail to receive proper legal consultation leaving them exposed to legal liability by the unit owner for improper actions.

Unit owners are at a disadvantage when challenging condominium and homeowner associations and the Florida Legislature recognizes this disadvantage and has provided for various forms of alternative dispute resolution and provisions for the recovery of attorney's fees and costs for the prevailing party in litigation. If you are a unit owner and have a claim against the association it is critical that proper legal representation be consulted.

Contact the attorneys of Tiller & Rivera Law P.A., PLLC., and obtain guidance and consultation. Come see what Tiller & Rivera Law P.A., PLLC., can do for you.
Site Design By:
CODANK Website Design, Web Development, and Internet Technologies