Miami Condo Association Attorney
A Miami condo association attorney helps condominium associations, boards and managers handle assessments, records, turnover, insurance, meetings, elections and owner disputes under chapter 718 of the Florida Statutes. Aaron Resnick, a Miami condo association attorney with Law Offices of Aaron Resnick, represents condominium associations, boards, managers and developers. Aaron knows the law. He knows both sides. And he knows Miami.
A condominium association manages the common elements of the building and enforces the declaration, bylaws and rules that govern units and shared spaces. In a new condominium, unit owners take control of the board from the developer. The firm represents associations and new boards through that transition, including what the developer must deliver at turnover.
How Does a Florida Condo Association Collect Unpaid Assessments and Enforce a Lien?
Chapter 718 of the Florida Statutes gives an association a lien on each parcel for unpaid assessments. No lien may be filed until 45 days after a notice of intent to file a lien is delivered to the owner. No foreclosure judgment may be entered until at least 45 days after the association's written notice of intent to foreclose.
The late assessment notice, the notice of intent to file a lien and the foreclosure notice are different steps. Aaron Resnick checks each notice and its proof of delivery before a lien is recorded or a foreclosure is filed.
What Condominium Cases Has Aaron Resnick Handled?
Aaron Resnick has represented unit owners, associations, boards, developers, investors, buyers, sellers, lenders, property managers, contractors and brokers in Miami condominium disputes. He co-led the Icon Brickell Tower 1 condominium fee class action, brought for renters and buyers against the building's association, to a $762,500 settlement in 2020.
How Does a Condo Association Defend Itself When a Unit Owner Brings a Claim?
A condominium association may contract, sue or be sued over the exercise or nonexercise of its powers under chapter 718 of the Florida Statutes. When an owner challenges board action, records, meetings or enforcement, Aaron Resnick starts the defense with the declaration, the bylaws, the minutes and the notices.
The dispute resolution provisions in chapter 718 require arbitration or presuit mediation for specified disputes, not every claim against an association. The firm identifies the claim and the relief requested before choosing a defense route.
What Should a Condo Association Receive From the Developer at Turnover?
Under chapter 718 of the Florida Statutes, unit owners other than the developer may elect a majority of the board at the first of several events; one is three months after 90 percent of the units have been conveyed to purchasers. When they elect that majority, the developer must deliver the association property and records it holds or controls.
The statute allows up to 90 additional days for the financial records, not a general 90 day delay for every item. Aaron Resnick compares the declaration, contracts, insurance, plans and warranties the board received with the statutory list.
How Should a Condo Board Handle an Official Records Request?
A condo board should log each written request when the board or its designee receives it and make the records available within 10 working days, under chapter 718 of the Florida Statutes. With the records, the association gives the requester a checklist of the records made available and those withheld; delivering that checklist creates a rebuttable presumption of compliance.
Protected records, such as privileged legal files and employee personnel records, stay withheld. Aaron Resnick reviews the request, the log and the checklist when an owner disputes the response.
What Should a Condo Association Do After Property Damage to Common Elements?
Chapter 718 of the Florida Statutes assigns insurance and repair duties by the property and the event involved. Property the association must insure, when damaged by an insurable event, must be reconstructed, repaired or replaced by the association as a common expense. Without an insurable event, the declaration or bylaws decide who repairs.
Aaron Resnick reviews the coverage, deductibles and exclusions, any owner caused damage, the repair contracts and the access rights.
What Rules Govern Condo Board Meetings and Elections?
Under chapter 718 of the Florida Statutes, notice of a board meeting must identify the agenda items and be posted at least 48 continuous hours before the meeting, except in an emergency. In a residential condominium, owners elect the board by written ballot, voting machine or approved online voting, with first notice at least 60 days before the election.
Online voting requires a board resolution, and a unit owner must consent electronically or in writing to vote online. Candidate and ballot deadlines follow the first notice. Aaron Resnick checks the notices and the dates against the statute before a contested meeting or election.
What Should a Condo Board Have Ready?
Have the declaration, the bylaws and current rules, the recent minutes and notices, the account ledger, the relevant contracts, any written owner demand, the insurance policies, the turnover records if they apply, and the next meeting, hearing, election or court date. A short timeline helps Aaron Resnick organize the documents and deadlines.
Related pages: Miami condo lawyer for association and owner disputes | condo assessment disputes | Miami HOA attorney (homeowners associations)
Send the parties, the problem and the next date; the firm reviews every inquiry and tells you whether it can help.
We Don't Make Promises. We Have Results to Prove It.
Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami resident. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner. The Law Offices of Aaron Resnick represents condominium associations, boards, managers and developers in Miami Dade, Broward and Palm Beach counties and across Florida in condo governance, assessments, records, turnover and association disputes. Call 305-672-7495 or request a consultation.
This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.
