Association Law Broward County, FL

Broward County's split community association profile

Broward County is one of Florida's most densely populated counties and has a uniquely split community association profile. Coastal Broward (Fort Lauderdale, Hollywood, Pompano Beach, Deerfield Beach, Hallandale Beach, Lauderdale-by-the-Sea) is dominated by mid-rise and high-rise condominium buildings. Inland Broward (Coral Springs, Weston, Plantation, Davie, Pembroke Pines, Sunrise, Miramar) is dominated by single-family HOA communities.

These two profiles operate under different statutes, face different compliance pressures, and need different legal workflows:

The firm handles both. Our deeper comparison of the underlying statutes is in understanding the difference between Chapter 720 and Chapter 718.

For Fort Lauderdale-specific work, see our dedicated Fort Lauderdale association law page.

HOA vs. condo in Broward: which statute applies?

Post-Surfside compliance for Broward condos

Senate Bill 4-D and subsequent legislation enacted after the Champlain Towers South collapse imposed significant new obligations on Florida condo associations. Broward County's coastal condo concentration means hundreds of buildings face active compliance work right now.

25-year milestone inspections for coastal buildings. Buildings within three miles of the coast trigger the milestone inspection at 25 years instead of 30. That captures essentially all of Fort Lauderdale beach, Hollywood beach, Pompano Beach, Deerfield Beach, Hallandale Beach, and Lauderdale-by-the-Sea. Many of these buildings were constructed between 1965 and 1995.

Structural Integrity Reserve Studies (SIRS). Required for condo buildings three stories or higher. Studies must address roof, load-bearing walls, floor, foundation, fireproofing, plumbing, electrical, waterproofing, windows, and other items. Reserves for these components must now be fully funded. The prior practice of waiving reserves is no longer permitted.

Mortgage warrantability impact. A growing list of South Florida condo buildings have been added to Fannie Mae and Freddie Mac non-warrantable lists, dramatically affecting financing and unit resale values. Buildings with deferred maintenance, unfunded reserves, or active structural concerns face the highest risk. Our piece on South Florida's mortgage blacklist covers the implications.

Special assessments for compliance. Many Broward coastal buildings face six-figure-per-unit special assessments to fund newly-required reserves, structural repairs identified in milestone inspections, or both. Board decisions on assessment levying, payment plans, and engineering firm selection create both governance and litigation work.

Marketable Record Title Act (MRTA) for older Broward HOAs

Under Florida's Marketable Record Title Act, certain restrictive covenants can be extinguished if not affirmatively preserved every 30 years through a Notice of Preservation filing with the county clerk. Many Broward HOAs established in the 1980s and 1990s are now hitting (or have passed) the 30-year mark.

Communities at highest risk in Broward:

• Coral Springs: Many master-planned communities from the 1980s
• Weston: Established in 1996, with covenants approaching 30-year preservation deadlines for the earliest sections
• Plantation: Multiple older HOA communities from the 1970s and 1980s
• Davie: Mix of older equestrian and residential HOA communities
• Pembroke Pines: Significant 1980s and 1990s master-planned development
• Sunrise and Miramar: Older planned communities now hitting MRTA windows

If covenants are extinguished by MRTA, the association's ability to enforce architectural standards, use restrictions, and other rules can be compromised. MRTA preservation is a relatively low-cost insurance policy against this risk.

Board governance services for Broward associations

Most ongoing association legal work falls into board governance:

• Annual and special meetings. Notice, quorum, proxy procedures, voting, minutes.
• Election administration. Nominations, ballots, election challenges, recall petitions.
• Document interpretation. Day-to-day questions about Declarations, Bylaws, Rules, Articles.
• Fiduciary duty advice. Personal liability, conflict-of-interest, business judgment rule.
• Member disputes. ARB challenges, rule violations, neighbor disputes, harassment.
• Contracts and vendors. Management, vendor agreements, landscaping, security, insurance.
• Insurance coordination. D&O, property insurance, claims (especially post-storm).
• Reserve studies and funding. SIRS reporting, reserve adequacy, special assessment structuring.

Why work with Kelley, Grant & Tanis, P.A.

The firm's association law work spans both transactional governance and litigation. Cory Carano, of counsel to the firm, leads litigation including covenant enforcement, post-Surfside compliance disputes, board removal challenges, and collection actions. All firm attorneys are members in good standing of the Florida Bar. Full attorney bios on our attorneys page.

The firm has two South Florida offices, with the Boca Raton office approximately 30 to 45 minutes from most Broward County destinations:

• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432 (closest to Broward)
• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401

Most Broward association work is handled remotely, with in-person board meetings available throughout the county on request.

Association law integrates with the firm's title insurance, real estate, and eviction practices.

Frequently Asked Questions