The lawyers at Kelley & Grant, P.A. are experienced in providing clients with a full range of legal services in the area of real estate. We serve Florida homeowners, associations, investors, realtors, and property managers with quick and easy title insurance/closing services, real estate litigation, and eviction representation at low-cost prices you can afford.
The Firm provides counseling to country clubs, master associations, property owners’ associations, and owners’ ad hoc committees. We assist Boards and management companies in preparing for and conducting members’ meetings as well as Board meetings. We actively assist our clients in interpreting and amending governing documents, including drafting amendments, rules, and regulations. We are always available to provide guidance in the event that enforcement of the rules becomes necessary.
The Law Firm of Kelley, Grant, & Tanis, P.A. also assists Associations in drafting and negotiating provisions of service contracts with vendors, in addition to resolving vendor contract disputes.
If your Association is named in a mortgage foreclosure suit, our firm will actively defend and protect the Association’s interest in order to preserve the Association’s ability to collect the maximum allowable past-due assessments from lenders, post-bank foreclosure.
The Firm will aggressively pursue delinquent unit owners for past-due assessments, and prosecute collection actions from beginning to end.
Each client will have access to an attorney who will provide legal counseling to the officers and directors and work closely with management companies to ensure the best operation of the Association. For a complete list of all the matters the firm can assist your Association with, please contact us. In addition to the matters described above, our attorneys can assist your Association with the following items:
- Legal counsel in the application of state and local law and court rulings and administrative decisions impacting the operation of Community Associations.
- Compliance with applicable Federal laws, such as the Telecommunications Act of 1996, the Fair Housing (FHA) and Americans with Disabilities (ADA) laws (e.g., emotional support animals), as well as Employment Discrimination Laws and claims, in addition to related state and local statutes and ordinances.
- Interpretation, amendment, HOA and POA preservation and resurrection (30-year Marketable Record Title Act “MRTA”), and enforcement of the governing documents — Declaration of Condominium, Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation, Rules and Regulations, and the Association’s Bylaws.
- Answering day-to-day questions regarding operational, technical, regulatory, and practical concerns.
- Assisting the Board of Directors on fiscal matters, such as general budgeting, levying special assessments, establishing reserves, and estoppel letters.
- Addressing maintenance and repair issues (common elements vs. limited common elements vs. unit owner property) and distinguishing between those projects that require Board approval and those that require unit owner approval (simple vs. super majority)
- Drafting and reviewing contracts for the management, maintenance, repair, and operation of the community.
- Assisting in planning and developing contracts for construction projects and complying with construction lien laws.
- Collection of delinquent assessments, liens, and foreclosures
How can an association enforce its rules and regulations?
Enforcement typically starts with notifying the violating homeowner and providing an opportunity to correct the issue. If compliance isn’t achieved, legal actions such as fines, suspension of amenities, or even litigation may be necessary. We help associations navigate this process while adhering to Florida law.
What should an HOA or condo association do if a homeowner refuses to pay assessments?
When a homeowner falls behind on dues, the association has the right to issue late fees, place a lien on the property, or pursue foreclosure if necessary. We assist with collections and legal actions to recover unpaid assessments while ensuring compliance with Florida statutes.
What legal requirements must associations follow when holding board meetings?
Florida law mandates that board meetings be properly noticed, open to members (except for specific legal or personnel matters), and conducted according to governing documents. We provide legal guidance on procedural requirements to ensure compliance and avoid disputes.
How can an association handle disputes with vendors or contractors?
Vendor disputes may arise over contract terms, service quality, or payment issues. We assist in reviewing contracts before signing, negotiating favorable terms, and resolving disputes through mediation or legal action when necessary.
What happens if an association is named in a mortgage foreclosure case?
If an association is named in a foreclosure lawsuit, we work to protect its rights and recover the maximum possible past-due assessments from the lender after the foreclosure. Our firm actively defends associations to minimize financial losses.
How can an HOA or condo board handle requests for emotional support animals?
Under the Fair Housing Act and ADA regulations, associations must carefully evaluate reasonable accommodation requests for emotional support animals. We help associations navigate these requests while ensuring compliance with federal and state laws to avoid discrimination claims.
What is the Marketable Record Title Act (MRTA), and how does it impact associations?
MRTA can cause an association’s governing documents to expire after 30 years unless they are properly preserved. We assist associations in preserving or reinstating their covenants to ensure continued enforceability.
What financial responsibilities do associations have under Florida law?
Associations must properly budget for operations, levy special assessments when necessary, and maintain financial reserves for future expenses. We advise boards on legal and financial obligations, ensuring compliance with Florida’s HOA and condominium laws.
Can an association restrict short-term rentals or Airbnb listings?
Yes, but any restrictions must be clearly outlined in governing documents. If no existing rules prohibit short-term rentals, the association may need to amend its documents to enforce restrictions. We help associations draft enforceable policies to regulate rentals.
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