Miami HOA Lawyer for Rules, Records and Meetings
Florida HOA governance turns on whether the association followed chapter 720 and its documents when it reviewed a change, enforced a covenant, levied a special assessment, opened its records or met. Aaron Resnick, a Miami HOA attorney with Law Offices of Aaron Resnick, represents associations, boards and homeowners. Aaron knows the law. He knows both sides. And he knows Miami.
For hiring an HOA lawyer, collecting assessments, developer turnover or a homeowner's lawsuit, the firm's page Miami HOA Attorney for Associations, Boards and Managers is the place to start.
How Should a Florida HOA Handle Architectural Review?
Under chapter 720, an HOA may review a change to a parcel only as far as the declaration, or standards it authorizes, specifically states or reasonably implies that authority, and it must apply them reasonably and equitably. A denial must be written and name the rule or covenant relied on and the part of the proposal that does not conform.
Aaron Resnick reads the application, the standard the committee applied and how it treated similar requests before an approval is defended or a denial is challenged.
What Must an HOA Do Before a Fine or Suspension Takes Effect?
Chapter 720 requires at least 14 days' written notice of the owner's right to a hearing, describing the violation and the cure, if any. Within 90 days after the notice, a committee of at least three members confirms or rejects the fine or suspension at a hearing, and the owner receives written findings within 7 days after the hearing.
If the violation is cured before the hearing, or in the way the written notice specified, a fine or suspension may not be imposed. Aaron Resnick builds the enforcement file from the notice, the governing provision, the cure history and the committee's findings.
How Are HOA Special Assessments Adopted and Noticed in Florida?
Under chapter 720, the notice of a board meeting at which a special assessment will be considered must say so and describe the nature of the assessment. That notice must be sent to members and posted conspicuously at least 14 days before the meeting.
Before turnover, a board the developer controls cannot levy a special assessment unless a majority of the parcel owners other than the developer approve it at a duly called special meeting of the membership with a quorum present. Aaron Resnick compares the notice, the purpose, the vote and the governing documents with the assessment the board adopted.
What HOA Official Records Can Owners Inspect, and What May Be Withheld?
Chapter 720 makes the association's governing documents, minutes, contracts, financial records and other operational records official records that a parcel owner may inspect. The association may withhold listed categories, including privileged legal material, certain personnel and medical records, protected personal identifying information, security measures and association software. Access is due within 10 business days after a written request.
The association must keep its official records for at least 7 years, or longer if its governing documents require. Aaron Resnick separates accessible records from protected material before an association answers a request, and he starts an owner's case with the written request and the proof of delivery.
What Notice Is Required for a Florida HOA Board Meeting?
Under chapter 720, notice of an ordinary board meeting must list the agenda items and be posted conspicuously in the community at least 48 hours before the meeting, except in an emergency. An association that does not post notice may instead mail or deliver it to each member at least 7 days before the meeting.
Some subjects, including special assessments, need 14 days' notice. Members may attend board meetings and speak on designated agenda items, and an architectural committee deciding a specific parcel's application meets under the same rules. Aaron Resnick compares the notice, the agenda and the minutes with what the board actually decided.
What Should Boards and Homeowners Keep Before an HOA Dispute Grows?
Keep the declaration, bylaws, current rules, architectural standards, the application or violation notice, the meeting notice and agenda, minutes, written records requests and delivery proof, assessment materials and the account ledger. Add photographs, correspondence and the next meeting, hearing or payment date. A short timeline of what happened and when helps Aaron Resnick organize the documents and deadlines.
Aaron Resnick's litigation record is on the firm's representative matters page.
Related pages: Miami Condo Association Attorney for Boards and Managers | Miami Real Estate Litigation Lawyer for Property Disputes
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 homeowners associations, boards, managers and homeowners in Miami Dade, Broward and Palm Beach counties and across Florida in HOA governance, covenant enforcement, assessments, records and 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.
