Miami HOA Attorney for Boards and Managers
A Miami HOA attorney helps homeowners associations, boards and managers handle governance, covenant enforcement, assessments, records, developer turnover, contracts and disputes under chapter 720 of the Florida Statutes. Aaron Resnick, a Miami HOA attorney with Law Offices of Aaron Resnick, represents homeowners associations, boards, managers and homeowners. Aaron knows the law. He knows both sides. And he knows Miami.
This page is about homeowners associations governed by chapter 720. Condominium associations are governed by chapter 718 and are covered on the firm's condo association pages.
What Does an HOA Lawyer Do for a Miami Homeowners Association?
An HOA lawyer helps the association apply chapter 720 and its governing documents to the work the board actually has to do: meetings, records, assessments, covenant enforcement, contracts, turnover and disputes. The job is not just litigation. It is keeping board action tied to the statute, the declaration and a record that can be defended.
Aaron Resnick's association dispute record, including the Icon Brickell Tower 1 condominium fee class action he co-led to a $762,500 settlement in 2020, is on the condominium record page.
How Can a Florida HOA Enforce Covenants and Rules Against an Owner?
A Florida HOA may levy reasonable fines and suspend use rights for violations, but it must follow the statute. Chapter 720 requires at least 14 days' written notice of the owner's right to a hearing, and the hearing must be held within 90 days before a committee of at least three members that confirms or rejects the fine or suspension.
Aaron Resnick checks the notice, the hearing date and the committee's makeup against the statute before a fine is defended or challenged.
How Does a Florida HOA Collect Assessments and Record a Lien?
When the governing documents authorize it, an HOA has a lien for unpaid assessments under chapter 720. Before recording a claim of lien, the association must make a written demand and give the owner 45 days after the notice is mailed to pay.
Aaron Resnick reads the ledger, the demand letter and the mailing proof together before a lien is recorded or contested.
How Long Does a Florida HOA Have to Respond to a Records Request?
A Florida HOA must make its official records available to a parcel owner within 10 business days after it receives a written request. The statute also limits what may be withheld. A request sent by certified mail, return receipt requested, that goes unanswered for 10 business days creates a rebuttable presumption that the association willfully failed to comply.
Boards and managers need a repeatable records process that protects both access rights and confidential information. Aaron Resnick starts with the written request, how it was sent and the date the association received it.
When Does Control of a Florida HOA Turn Over From the Developer to the Owners?
Chapter 720 gives owners the right to elect at least a majority of the HOA board when the earliest of the statute's turnover events occurs. One trigger is three months after 90 percent of the parcels in all phases are conveyed to owners other than the developer. Within 90 days, the developer must deliver the association's records to the board.
The firm represents associations and new boards through turnover, starting with the records the developer must deliver.
Can a Homeowner Sue a Homeowners Association in Florida?
Yes. Chapter 720 allows a member to bring an action at law or in equity against an association for an alleged failure to comply with the chapter, the governing documents or association rules. For several common HOA disputes, the statute requires a demand for presuit mediation before filing suit.
Collection claims are not subject to that mediation requirement, and a party may seek temporary injunctive relief before mediation when emergency relief is required.
Aaron Resnick has represented both owners and associations in Miami association disputes, and he checks the mediation requirement before a suit is filed or answered.
What Should I Bring to a First Meeting About an HOA Dispute?
Bring the declaration, bylaws, current rules, the notice or demand in dispute, relevant board minutes, the account ledger, any written records request, turnover materials if they apply, and the next meeting, hearing or deadline. A short timeline of what happened and when helps Aaron Resnick organize the documents and deadlines.
Related pages: Miami HOA Governance and Covenant Enforcement Attorney | Condo association legal services | Condominium law services | Real estate litigation
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.
