Association Law Fort Lauderdale, FL

Fort Lauderdale association law: what makes Broward different from Palm Beach

Fort Lauderdale and the surrounding Broward County communities sit in a different judicial circuit than Palm Beach County and have a meaningfully different community association profile. Three differences matter most:

Higher density of high-rise condos along the coast. Fort Lauderdale's A1A corridor, Galt Ocean Mile, Harbor Beach, and Las Olas Isles concentrate hundreds of mid-rise and high-rise condominium buildings, many built in the 1970s and 1980s. This profile makes Fort Lauderdale ground zero for post-Surfside structural compliance work.

17th Judicial Circuit Court. Broward County's circuit court handles all condominium and association disputes, with judges experienced in Florida community association law. Filings, procedures, and case management differ from Palm Beach County's 15th Judicial Circuit.

Distinct municipal regulations. Fort Lauderdale, Hollywood, Pompano Beach, Coral Springs, Weston, Plantation, Davie, and Lauderdale-by-the-Sea each have their own building code, code enforcement, and licensing rules that interact with state community association law.

HOA vs. condo in Fort Lauderdale: Chapter 720 vs. Chapter 718

The single most important distinction in Florida community association law is whether the community is an HOA (governed by Chapter 720) or a condominium association (governed by Chapter 718). They look similar from the outside but operate under different statutory frameworks.

Our deeper comparison is in understanding the difference between Chapter 720 and Chapter 718.

Post-Surfside compliance for Fort Lauderdale condos

Senate Bill 4-D and subsequent legislation enacted after the Champlain Towers South collapse have fundamentally changed the operating environment for Florida condo associations. Fort Lauderdale's coastal condo concentration means most condo buildings in the city face active compliance work right now.

Milestone inspections at 25 years for coastal buildings. Buildings within three miles of the coast trigger the milestone inspection requirement at 25 years instead of 30. That captures almost the entire A1A corridor, Galt Ocean Mile, Harbor Beach, Lauderdale-by-the-Sea, and most of Hollywood Beach. Many of these buildings were constructed in the 1970s and 1980s and are now hitting (or have passed) the 25-year trigger.

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

Special assessments for compliance. Many Fort Lauderdale 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 all create both governance and litigation work.

Board governance services for Fort Lauderdale associations

Most ongoing association legal work falls into board governance: day-to-day questions about meetings, elections, document interpretation, fiduciary duty, and member disputes.

• Annual and special meetings. Notice requirements, quorum, proxy procedures, voting mechanics, minutes.
• Election administration. Nomination process, ballot preparation, election challenges, recall petitions.
• Document interpretation. Day-to-day questions about what the Declaration, Bylaws, Rules, and Articles actually require.
• Fiduciary duty advice. Board member personal liability, conflict-of-interest situations, business judgment rule application.
• Member disputes. Architectural review challenges, rule violations, neighbor disputes, harassment claims.
• Contracts and vendors. Management contracts, vendor agreements, landscaping, security, pool maintenance, insurance.
• Insurance coordination. D&O coverage advice, property insurance compliance, claims coordination especially post-storm.
• Reserve studies and funding. SIRS reporting, reserve adequacy, funding shortfalls, special assessment structuring.

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. Many Broward County HOAs established in the 1980s and 1990s are now hitting the 30-year mark. Coral Springs, Weston, Plantation, and parts of Davie have concentrations of HOAs in this age band.

If covenants are extinguished by MRTA, the association's ability to enforce architectural standards, use restrictions, and other rules can be compromised. MRTA preservation requires a specific Notice of Preservation filed with the Broward County Clerk before the 30-year mark, with statutory content requirements.

We handle MRTA reviews and preservation filings as part of ongoing board representation, including the older HOA communities in central Broward most at risk.

Fort Lauderdale-specific neighborhoods and association work

Galt Ocean Mile. One of South Florida's highest concentrations of mid-rise and high-rise condominium buildings, most built in the 1960s and 1970s. Active SB 4-D compliance work, special assessment governance, and ongoing reserve study management.

Las Olas and downtown. Mix of luxury condo towers (newer construction, less SB 4-D pressure) and pre-2000 buildings facing milestone inspection triggers. High estoppel volume due to active resale market.

Coral Ridge. Single-family HOA territory with older covenant structures. MRTA preservation is a real concern for some communities. Architectural review and rental restriction enforcement are common ongoing matters.

Harbor Beach. High-end residential and waterfront condos. Common matters include dock and seawall regulation, association reserve studies, and high-value unit estoppel/disclosure issues.

Lauderdale-by-the-Sea. Mid-rise condo concentration along A1A. Active SB 4-D inspection cycle.

Coral Springs, Weston, Plantation, Davie. Inland HOA communities. Covenant enforcement, architectural review, rule disputes, and MRTA preservation are typical workstreams.

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. Transactional governance work is handled by the firm's general counsel team. 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 location approximately 30 minutes from Fort Lauderdale:

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

Most Fort Lauderdale association law matters can be handled remotely. Board meetings can be attended virtually or in person.

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

Frequently Asked Questions