Community Associations are required to provide notice of upcoming member and board meetings and include agendas on items that will be discussed at the meetings. Member meetings may also require the use of ballots, proxies and voting certificates. We assist in the preparation of all documents necessary to properly hold a meeting, and provide advice on issues such as proper procedure for establishing voting members and quorums and following property protocol under Robert’s Rules of Order. If requested, we will attend member and board meetings.

OPINIONS

Oftentimes, the governing documents of the community association are confusing or simply do not address how the community board of directors should address issues. We offer written opinions and interpretations on powers, duties, restrictions and obligations of the associations and its members, based on the declaration, articles of incorporation and bylaws of the community, as well as applicable provisions of the Florida Statutes and case law.

AMENDMENTS

Revisions in the law or changes in the community often require community associations to amend the governing documents. Amendments must be submitted to the members in a certain format. Additionally, many times good amendments only pass if presented to the members with a proper explanation of how the amendment will better the community. We prepare amendments and will also prepare explanations to the members of how the implementation of the amendment will affect them and the community. We also prepare comprehensive amended and restated versions of the communities’ governing documents, which delete references to the developer and obsolete provisions and include changes in the law.

ASSESSMENT COLLECTIONS

Community associations are required to be formed as not-for-profit corporations. However, associations need the funds collected from its members to pay for proper expenses of the community, such as maintenance of common areas and insurance. When a member does not make the assessment payments, the association may not be able to pay its bills or must look to the other members to make up for the shortfall, perhaps through a special assessment. To avoid that situation, we assist community associations in the collection of unpaid assessments, which may include the recording of claims of liens and foreclosing the liens, as necessary.

COVENANT ENFORCEMENT

Community associations are able to maintain a certain aesthetic standard in the community by enforcing the use restrictions and architectural controls provided in the governing documents. We assist community associations in maintaining the required level of enforcement by preparing demand letters to members, and if necessary, filing a complaint or petition to force member compliance.

LITIGATION

In addition to assessment collection and covenant enforcement actions, we defend community associations and their board members against lawsuits filed against the association or the board members personally. Such lawsuits may include defense of mortgage foreclosures, actions filed by members for failure to maintain the common elements or association property and breach of a board member’s fiduciary duty.

FORMATION AND CONDOMINIUMS CONVERSIONS

We assist in the formation and/or conversion of condominiums and communities by preparing the declaration, articles of incorporation and bylaws, as well as the establishment with the Secretary of State of the corporate entity. We also work with the architect or engineer in reviewing and recording the plats. For condominiums, we also prepare the prospectus, escrow agreements, sale and purchase contracts and other disclosure documents required by the state.

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