Association Law West Palm Beach, FL

Homeowners’ associations and condominium boards throughout West Palm Beach face constant legal challenges: delinquent assessments that drain operating budgets, rule violations that divide communities, and governance disputes that escalate into expensive litigation. Effective board management requires more than good intentions, it demands compliance with Florida Statutes Chapters 718 and 720, proper meeting procedures, and enforceable governing documents that hold up under legal scrutiny.

At Kelley, Grant & Tanis, P.A., Florida Bar-certified attorneys, we represent associations and individual property owners throughout Palm Beach County in enforcement actions, collections matters, covenant disputes, and compliance issues. Whether your board needs help recovering unpaid dues, updating outdated declarations, or defending against homeowner lawsuits, we provide legal guidance that protects community interests while maintaining regulatory compliance.

Why Legal Counsel Protects Associations

West Palm Beach communities range from downtown high-rise condos near Clematis Street to established neighborhoods like Northwood and El Cid where covenant enforcement maintains property values. Each association type faces unique legal challenges: condominium boards managing shared building systems, master-planned developments coordinating multiple sub-associations, and traditional HOAs balancing individual property rights against community standards.

Early legal intervention prevents minor disagreements from becoming budget-draining lawsuits. We advise associations on federal compliance including Fair Housing Act requirements, Americans with Disabilities Act obligations, and telecommunications regulations under the Telecommunications Act of 1996. Florida’s Marketable Record Title Act (MRTA) adds complexity by potentially extinguishing older covenant restrictions that weren’t properly preserved through re-recording procedures.

Essential Legal Services for West Palm Beach Associations

• Governing Document Review: We audit existing declarations, bylaws, articles of incorporation, and rules to identify compliance gaps, unenforceable provisions, and outdated language that creates legal vulnerabilities.
• Document Amendment and Restatement: We draft updated governing documents that address modern association challenges including short-term rental restrictions, solar panel installations, electric vehicle charging stations, and other issues original documents never contemplated.
• Assessment Collection and Liens: We file claim of lien documents, pursue foreclosure actions against delinquent owners, and represent associations in bankruptcy proceedings to maximize recovery of unpaid assessments, fines, and legal fees.
• Dispute Resolution and Litigation: We handle conflicts between boards and homeowners, inter-owner disputes, vendor contract breaches, construction defect claims, and foreclosure defense when lenders name associations as defendants.

Strategic Legal Guidance

Attorney involvement ensures board actions comply with procedural requirements that Florida courts strictly enforce. Improper meeting notices, defective voting procedures, and selective rule enforcement all create liability exposure that invalidates board decisions and subjects individual directors to personal lawsuits.

We interpret ambiguous declaration provisions, advise on amendment procedures requiring owner approval, and implement new policies within existing governance frameworks. Our contract review services for vendor agreements prevent disputes over maintenance responsibilities, service standards, and payment terms that commonly lead to litigation.

Clear documentation of board decisions, consistent enforcement procedures, and compliance with statutory requirements all reduce association exposure to expensive legal challenges from disgruntled owners.

Why Work With Kelley, Grant & Tanis, P.A.?

We aggressively pursue collection of unpaid assessments through lien filings, foreclosure proceedings, and judgment enforcement that protects community operating budgets. Our experience with Palm Beach County court procedures and local foreclosure practices produces faster results with lower legal costs than firms unfamiliar with West Palm Beach requirements.

Whether addressing special assessment disputes, architectural control conflicts, or covenant enforcement matters, we help boards maintain authority while respecting owner rights. We work directly with property managers, board presidents, and association officers to implement practical solutions that preserve community harmony without compromising legal standards.

Our practice combines real estate litigation experience with specific association law knowledge, allowing us to handle complex matters including construction defect claims, insurance coverage disputes, and multi-party conflicts that overwhelm general practice attorneys.

West Palm Beach Association Law FAQs

How does Florida’s Marketable Record Title Act affect our West Palm Beach community covenants?

The Marketable Record Title Act can extinguish deed restrictions and covenants that haven’t been properly preserved through re-recording within specific time periods, potentially eliminating architectural controls, use restrictions, and assessment authority your association relies on for governance. MRTA contains a 30-year root of title provision that voids older restrictions unless associations file preservation notices that re-establish their enforceability for another 30-year period. We review your community’s chain of title to determine which restrictions face MRTA challenges, prepare and record necessary preservation documents with Palm Beach County, and ensure your governing documents maintain legal enforceability under Florida’s complex title statute requirements.

What legal procedures must West Palm Beach associations follow to collect delinquent assessments?

Florida Statutes require specific notice procedures before associations can file liens or initiate foreclosure, including demands for payment that give owners opportunity to cure delinquencies before legal action commences. Associations must record claim of lien documents with Palm Beach County that itemize amounts owed, then wait mandatory periods before filing foreclosure lawsuits that can result in forced property sales to recover debts. We handle the entire collection process from initial demand letters through foreclosure completion, represent associations in bankruptcy proceedings when delinquent owners seek discharge protection, and pursue post-judgment collection including garnishment and bank levies when owners refuse to pay even after losing in court.

Can our West Palm Beach HOA restrict short-term rentals like Airbnb and VRBO?

Florida law allows associations to restrict or prohibit short-term rentals through amendments to governing documents, but existing rental provisions may limit your authority to impose new restrictions on properties where owners already have rental rights. The analysis depends on your current declaration language regarding rental duration, whether you have a grandfather clause protecting existing rental arrangements, and whether proposed amendments require simple majority or supermajority owner approval. We review your governing documents to determine amendment feasibility, draft restriction language that complies with Florida Statutes Section 718.110(13) or 720.306(1)(b), and handle the amendment approval process including proper notice to all owners and recording with Palm Beach County.

What federal laws must West Palm Beach condominium and HOA boards comply with?

Federal Fair Housing Act requirements prohibit discrimination based on race, color, religion, sex, national origin, familial status, and disability, restricting how boards can enforce rules regarding occupancy limits, pet policies, and accommodation requests. Americans with Disabilities Act mandates may require associations to modify common areas or waive certain restrictions as reasonable accommodations for disabled residents, while Telecommunications Act provisions limit boards’ ability to restrict satellite dishes and antennas smaller than one meter. We advise boards on compliance strategies that avoid discrimination claims, evaluate accommodation requests to determine which are legally required versus optional, and defend associations against federal complaints filed with HUD or in federal district court when homeowners allege civil rights violations.

How should West Palm Beach associations handle architectural review and modification requests?

Architectural control procedures must follow your declaration and architectural guidelines while complying with Florida statutes requiring reasonable review timelines and written decisions explaining approval denials. Boards risk liability when they approve some modifications but deny similar requests from other owners without legitimate reasons based on documented standards, creating selective enforcement claims. We review architectural control provisions in your governing documents, draft clear application procedures and approval standards that reduce subjective decision-making, advise committees on evaluation criteria that withstand legal challenges, and represent associations in litigation when owners proceed with unauthorized modifications or challenge denial decisions as arbitrary or discriminatory.

What happens when lenders foreclose on properties with unpaid HOA or condo assessments in West Palm Beach?

Florida law provides associations with safe harbor provisions allowing recovery of up to 12 months of unpaid assessments plus certain costs from foreclosing lenders, though the calculation method and recovery limits differ between Chapter 718 (condos) and Chapter 720 (HOAs). Associations must file proper claims in foreclosure proceedings to preserve collection rights, as failure to intervene or respond to foreclosure lawsuits can result in complete loss of assessment recovery. We monitor Palm Beach County foreclosure filings affecting association properties, file timely responsive pleadings asserting association lien rights, negotiate with lenders regarding assessment payment as part of foreclosure resolution, and pursue supplemental collection efforts against prior owners when lender recovery doesn’t satisfy full debt amounts.

When should our West Palm Beach association update governing documents?

Governing documents require updates when they contain outdated provisions that conflict with current Florida statutes, fail to address modern issues like electric vehicles and solar panels, or include unenforceable language that courts have invalidated in similar cases. Associations formed decades ago often have documents that don’t contemplate current technology, changing property uses, or revised statutory requirements that have evolved significantly since original recording. We conduct comprehensive document audits identifying provisions needing amendment, draft restated declarations that incorporate all amendments into single updated documents, manage the owner approval process required for different amendment types, and coordinate recording with Palm Beach County to ensure updated documents become effective and binding on all properties.

Can individual West Palm Beach homeowners challenge HOA or condo board decisions?

Homeowners can challenge board actions through internal dispute resolution procedures required by Florida Statutes, mediation programs offered through the state Division of Condominiums, or litigation in Palm Beach County courts when boards violate governing documents or act beyond their authority. Common challenges include claims of selective enforcement, denial of due process rights, improper assessment increases, architectural review disputes, and alleged violations of statutory notice and meeting requirements. We represent individual owners in disputes with associations when boards exceed their legal authority, violate fair procedure requirements, or enforce rules in discriminatory or arbitrary ways that harm specific owners while ignoring similar violations by others.