Association Law West Palm Beach, FL

What does Florida association law cover?

Florida community associations are governed primarily by three chapters of the Florida Statutes:

• Chapter 718, the Florida Condominium Act. Governs all Florida condominiums. Sets rules for governance, financial management, milestone inspections, reserves, and unit owner rights.
• Chapter 719, the Cooperative Act. Governs Florida cooperative associations. Less common than condos in Palm Beach County but still present.
• Chapter 720, the Homeowners' Association Act. Governs Florida HOAs (subdivisions, master-planned communities, planned developments).

The firm represents association boards, property managers, and (in defined contexts) individual unit owners on the full range of association legal work: governance and bylaws interpretation, covenant enforcement, collection of unpaid assessments, post-Surfside compliance, contract review, employment matters, insurance disputes, and litigation when matters cannot be resolved short of court.

Palm Beach County association profile

Palm Beach County has one of the most diverse community association landscapes in Florida. Three major sub-types of associations route through our WPB office:

Coastal high-rise condominiums. The Flagler Drive corridor, Singer Island, Palm Beach proper, Manalapan, and Jupiter Island have substantial coastal condo stock from the 1970s through 1990s. Most of these buildings are subject to SB 4-D milestone inspection requirements at 25 years (within 3 miles of the Atlantic coast). The post-Surfside regulatory environment has substantially increased compliance demands on these associations.

Mid-rise and garden-style condominiums. Inland Palm Beach County has substantial mid-rise and garden-style condo stock, much of it from the 1980s and 1990s. These properties face milestone inspection requirements at 30 years (outside the 3-mile coastal zone), plus SIRS requirements for 3+ story buildings.

HOA-governed single-family communities. Wellington, Royal Palm Beach, Greenacres, Lake Worth, Boynton Beach, and other suburban PBC communities are largely HOA-governed under Chapter 720. Wellington has significant equestrian community overlap that creates unique covenant and amenity considerations. Master-planned communities like Ibis, Mizner Country Club, BallenIsles, and PGA National have multi-layered association structures (master association plus sub-associations).

Post-Surfside compliance: SB 4-D and SIRS

The 2021 Champlain Towers South collapse in Surfside fundamentally changed Florida condo regulation. The Florida legislature responded with SB 4-D (and subsequent amendments) that imposed significant new compliance requirements:

The compliance burden falls primarily on the association board, but the financial consequences flow through to unit owners via assessments and special assessments. Coordinating compliance with reasonable assessment practices, owner communications, and lending market realities (many older condos now face non-warrantable status with Fannie Mae and Freddie Mac) is one of the highest-stakes legal issues in PBC association practice today.

Covenant enforcement and collections in WPB

Two of the most common association legal needs are covenant enforcement (architectural violations, use restrictions, pet rules, parking) and collection of unpaid assessments. Both have specific Florida procedures that must be followed.

Covenant enforcement. The association must follow the dispute resolution procedures in its governing documents and in Chapter 718 or 720, depending on the association type. Pre-litigation mediation may be required. The association can pursue injunctive relief, money damages for damages caused by violations, and (in some cases) attorney's fees.

Assessment collections. The association has a statutory lien on each unit for unpaid assessments. The collection procedure typically involves: demand letter, recorded claim of lien, lawsuit to foreclose on the lien, and (in some cases) appointment of a receiver for ongoing assessments. Florida law caps attorney's fees recoverable in collection cases, but the lien priority makes the association's claim generally collectible.

The firm's approach favors fast, decisive collection action over prolonged delinquency tracking. Older unpaid balances are harder to collect and more likely to be discharged in bankruptcy.

Common WPB association legal matters

Florida community association governance basics

The legal architecture of a Florida community association has three layers, each governed by different rules:

The declaration of covenants, conditions, and restrictions (CC&Rs). The foundational document recorded with the county clerk that creates the association, defines the property subject to it, and sets the initial covenants. Amendments require supermajority unit owner approval (typically 2/3 or 75%).

The articles of incorporation and bylaws. Define the corporate structure, board composition, election procedures, meeting requirements, and voting rules. Amendments typically require board approval plus a unit owner vote.

The rules and regulations. Adopted by the board for day-to-day operations: pool hours, parking rules, pet policies, amenity use. Amendments typically require board approval only, though limits apply.

Florida statute overlays each of these documents with mandatory provisions that cannot be contracted around. When a governing document conflicts with the statute, the statute prevails.

Cory Carano leads our association law practice

Cory Carano serves as of counsel to the firm and leads the association law practice. His focus covers covenant enforcement, community association litigation, HOA collections, condo association law, and post-Surfside compliance work. He's a member in good standing of the Florida Bar, which gives the firm standing to represent associations throughout Florida.

Full attorney bios on our attorneys page.

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

The firm represents condominium associations, HOAs, and cooperatives throughout Palm Beach County and South Florida. Our local West Palm Beach office at 1645 Palm Beach Lakes Blvd. is positioned to attend in-person board meetings, court appearances at the PBC Main Courthouse, and collection matters as needed:

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

WPB and surrounding PBC associations benefit from local counsel that can be physically present when needed for board meetings, member meetings, court appearances, and in-person collection work. For routine matters, communication happens by phone, email, and video. For high-stakes matters, in-person attendance is straightforward.

Association law integrates with the firm's title insurance, real estate law, and litigation practices, providing coordinated representation across the legal needs of community associations.

Frequently Asked Questions