Community Association Law - Condominiums

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• Representing Condo Associations and Property Management Companies
• Developers, financial institutions & individuals
• Governing documents, collections, statutory and regulatory compliance
• Condo Association Attorneys dedicated to the development of community association law

Sachs Sax Caplan's Condominium Association Attorneys in the Community Association practice group have extensive experience in condominium and community association law and, as pioneers, have long been credited with bringing about landmark changes in this area of the law.

Our Clients

Representing condominium associations, financial institutions and individuals with respect to the vast array of difficult issues faced in the creation of and governance of these organizations, members of this practice group specialize in the preparation of, amendment, revision, elections, turnover, and enforcement of governing documents, collections, statutory and regulatory compliance, board meeting conduct and procedure, as well as the many varied aspects of interpersonal relations and corporate conflicts that develop in residential communities. These attorneys have led the way in creating and structuring mandatory country club membership provisions for owners in established communities with amenity packages.

Condo Association Attorneys in Boca Raton & Serving Community Associations Statewide

Our Condominium and Community Association attorneys have the ability to respond quickly and economically to the numerous ongoing issues that arise during the operation of community associations, including turnover of control from the developer to owners, construction defects, accounting irregularities, misrepresentations, termination of developer imposed contracts, recreation lease litigation and buyouts, recreational districts, condemnation, governmental relations, covenant enforcement and reserve irregularities, with creative solutions backed by solid experience.

Depth of Experience & Groundbreaking Decisions

Interacting with the Commercial Litigation & Appeals Group, this experience includes representation of clients in groundbreaking cases such as Ainslie v. Levy, et. al., where members of this practice group successfully argued that documents unit owners were forced to sign as a condition to closing could not supersede the rights granted to the condominium owners under Florida law. The Firm is also credited with establishing the right of unit owners to cancel a perpetual management reservation of control by the developer over recreational facilities at Century Village, Boca Raton. Preserving a historical tradition of expertise in this area of the law, attorneys in the Community Associations practice group continue to make enormous contributions to the development of community association law in Florida.

Florida Statutes Chapter 718 & Administrative Code Chapters 61B-75 through 79

Florida Condo Law relates to the operation, development, and resolution of issues for Condominiums and their owners. Condominiums are creatures of statute. In Florida, Chapter 718 of the Florida Statutes as well as the Florida Administrative Code Chapters 61B-75 through 79 provide the framework for all Florida Condominiums. Membership in a condominium association is mandatory for all owners within a condominium.

Florida Statutes Section 718.103 defines a condominium association as “any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership.”

The laws that oversee condominium associations are constantly developing and changing with the times, with amendments being made to the relevant laws every year. Our condo association attorneys can provide you, your association, or management company with a yearly legal update where CEU credit is available.

Unresolved disputes or financial problems can directly impact the enjoyment everyone reaps from property ownership, it is important to work with competent counsel who thoroughly understands Florida law surrounding condo associations and is committed to a prompt response that finds an effective solution.

At Sachs Sax Caplan, our lawyers provide skilled representation for both associations and unit owners.

Below is a sample of matters where Sachs Sax Caplan has provided successful representation for its clients:

  • Governing Document Amendment, Revisions and Interpretation
  • Declaration, Covenant and Rule Enforcement
  • Selective Rule Enforcement
  • Late Fees and Regular Assessments
  • Special Assessments
  • Collection of Delinquent Assessments
  • Lien preparation
  • Lien Foreclosures
  • General Civil Litigation, Arbitration and Mediation
  • Insurance Coverage Issues
  • Condominium Foreclosure
  • Preparation and Review of Purchase Contracts
  • Construction Contracts
  • Construction Liens
  • Developer/Turnover Issues
  • Election Abuse/Annual Meeting Assistance
  • Purchase and Sale of Condo Units
  • Terminating Contracts
  • Disputes with the Association/Other Residents
  • Damage Caused by Residents and/or Guests
  • Theft
  • Damage to Vehicles
  • Parking Issues
  • Pet Issues
  • Noise Issues
  • Discrimination

Current Events

15 April 2025
Blogs
Following the devastating collapse of Champlain Towers South in 2021, Florida has undertaken the most sweeping condo safety reforms in the state’s his...
14 April 2025
Blogs
Florida’s homeowners’ associations (HOAs) and condominium boards are at the center of a legal transformation. Over the past few years, Tallahassee has...
07 February 2025
Blogs
As a veteran real estate and community association attorney with decades of experience, I’ve witnessed the transformative impact of legislation on our...

Benjamin Ferencz Awarded Governor’s Medal of Freedom by Gov. Ron DeSantis

Friend of Sachs Sax Caplan, Ben Ferencz, was the Chief Prosecutor in the Nuremberg War Crimes Trials, which held the Nazis accountable for the Holocaust, and is the last living prosecutor of the trials. About Benjamin Ferencz A Former Prosecutor at the Nuremberg War Crimes Trial Benjamin B. Ferencz was born in the Carpathian Mountains of Transylvania in 1920. When he was ten months old his family moved to America. His earliest memories are of his small basement apartment in a Manhattan district - appropriately referred to as "Hell's Kitchen." Even at an early age, he felt a deep yearning for universal friendship and world peace. A World War After Ben graduated from Harvard Law School in 1943, he joined an anti-aircraft artillery battalion preparing for the invasion of France. As an enlisted man under General Patton, he fought in most of the major campaigns in Europe. As Nazi atrocities were uncovered, he was transferred to a newly created War Crimes Branch of the Army to gather evidence of Nazi brutality and apprehend the criminals. In his 1988 book, Planethood, Ferencz writes: “Indelibly seared into my memory are the scenes I witnessed while liberating these centers of death and destruction. Camps like Buchenwald, Mauthausen, and Dachau are vividly imprinted in my mind's eye. Even today, when I close my eyes, I witness a deadly vision I can never forget-the crematoria aglow with the fire of burning flesh, the mounds of emaciated corpses stacked like cordwood waiting to be burned.... I had peered into Hell.” A Post-War Mission On the day after Christmas 1945, Ferencz was honorably discharged from the U.S. Army with the rank of Sergeant of Infantry. He returned to New York and prepared to practice law. Shortly thereafter, he was recruited for the Nuremberg war crimes trials. The International Military Tribunal prosecution against German Field Marshal, Herman Goering and other leading Nazis was already in progress under the leadership the American Prosecutor, Robert M. Jackson on leave from the US Supreme Court. The U.S. had decided to prosecute a broad cross section of Nazi criminals once the trial against...

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Peter Sachs discussing Condo Safety Bill in Sun Sentinel

1974, 6 story condo soon to undergo structural integrity inspections Susannah Bryan South Florida Sun Sentinel
Sun Sentinel Condo Safety Peter Sachs 5.26.22

The Sun Sentinel featured founding partner Peter S. Sachs as he shares the necessary condo safety reforms.  Read more below 

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Sachs Sax Caplan Partners with JARC FL to Create Shredding Department in JARC's Community Works Program

Shred It & Forget It:The Story Behind the New Program That Helps Put Individuals with Disabilities Back to Work   When Sachs Sax Caplan decided to go digital in mid 2021, we knew we would first need to safely dispose of all print materials. The safest way to do so?Shredding. Lots of it. Peter Sachs, attorney and founding partner at Sachs Sax Caplan, also knew about the growing need for employment for individuals with intellectual and developmental disabilities. JARC Florida, a non-profit in Boca Raton that provides residential homes as well as programs and services to educate and empower adults with intellectual and developmental disabilities provided us just the assistance we needed. Sachs presented the idea to JARC Florida: How about we create a shredding department within the Community Works program at JARC. JARC’s Community Works program, which has been around for over six years, provides vocational training opportunities for its clients so they can learn skills, receive paychecks and feel prideful about having a job. Many of those clients then go out into the community to find employment locally.  After a trial period in the Fall, where JARC clients learned how to properly shred paper documents, including removing staples, stacking and pushing through the shredding machine – avoiding back-ups, JARC Florida was ready to launch this new service to the masses. Their first client? Sachs Sax Caplan law firm of course.  Now the “Shred it and Forget It” Service is available at JARC. To date, JARC has shredded more than 4,000 lbs. of documents. How can you get involved? Drop your documents off at JARC for confidential shredding services at 75 cents per pound. JARC is also seeking out more businesses to join the organization’s Community Works Program. 

Attorney Edward S. Hammel Named Equity Partner

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Principal Edward S. Hammel, was recognized for becoming equity partner at the firm by The Sun Sentinel and The Palm Beach Post.           

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Sachs Sax Caplan Announces Edward S. Hammel as Equity Partner

Edward S. Hammel

Edward S. Hammel was made Equity Partner at Sachs Sax Caplan in the Community Associations Group and is Board Certified in Condominium and Planned Development Law. Mr. Hammel represents a variety of homeowner and condominium associations, as well as private clubs, commercial and residential real estate developers, owners, and professional management organizations.Mr. Hammel received his B.S. in Political Science from Barry University and his J.D. from Western Michigan University - Cooley Law School. Mr. Hammel is a Past Member of the City of Coconut Creek Planning & Zoning Board and is a frequent volunteer with Coconut Creek Little League Baseball Club, Inc. Read more here: https://www.einpresswire.com/article/569579132/sachs-sax-caplan-announces-edward-s-hammel-as-equity-partner    

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Starting a New Business in South Florida


  Real Estate Attorney Daniel Kaskel shares tips for starting a new business in South Florida with WPTV.    Contact us for help with the legal documents required: https://ssclawfirm.com/contact Learn the tips to start your business here:  

Preventing Another Surfside


Founding partner Peter Sachs talks to CBS 12 about structural integrity and safety 7 months after the Surfside condo collapse. Hear more: 

Peter Sachs in Sun Sentinel Calling on Municipalities to Prevent Another Surfside

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The Sun Sentinel featured founding partner Peter S. Sachs as he calls on municipalities to prevent another surfside disaster   Read more below   

Samuel J. Levine Joins the Practice

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Samuel J. Levine  was featured in the The Palm Beach Post as a new associate at Sachs, Sax and Caplan.  Learn more about Samuel  including how to work with him here: https://ssclawfirm.com/samuel-levine?view=employee&id=45        

Founding Partner and Chairman Emeritus Honored

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Peter Sachs, founding partner and chairman emeritus was recognized by The Palm Beach Post and Palm Beach County Bar Association Bulletin.         

New Attorneys Added to the Roster

Meet the four new attorneys and the rest of our experienced team https://ssclawfirm.com/experienced-attorneys  

Don't Forget About Those Real Estate Transfer Taxes

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Attorney Daniel Kaskel discusses transfer taxes with the Dallas Morning News. Read more below on what you need to know when selling your property.         

Louis Caplan Named Managing Partner

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Louis Caplan was featured in the Sun Sentinel as the new managing partner of Sachs, Sax and Caplan. Learn more about Louis including how to work with him here: https://ssclawfirm.com/louis-caplan?view=employee&id=4      

Pandemic Adds Luster to Golfing's Popularity in Palm Beach County

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    Attorney Peter Sachs featured in Palm Beach Post discussing club initation and golf memberships. 

Pending Legislation Regarding Tree Removal Affecting Community Associations

Steven Rappaport attorney

With the 2022 legislative session ending on March 11, very few pending association-related bills were passed this year.  However, one very important bill relating to tree removal for community associations was passed through both houses and now awaits the governor’s signature.  This bill, if signed into law, will have a very adverse effect on condominium and homeowners associations.   As many may recall, in previous sessions, the legislature enacted a law to provide that a local government, such as a city or county, may not require applications, permits or other approval processes for the pruning, trimming or removal of a tree on “residential property” if the owner of the property (i.e., association) provides documentation from an arborist or licensed landscape architect that the tree presents a danger to persons or property.  Many associations have been operating under the premise that this law would allow a community association to remove or otherwise deal with dangerous trees in the common areas, such as street trees, that pose a danger to the community and would allow the association to deal with these trees without having to go through the extensive permitting and approval process through the applicable cities or counties.  In fact, recently, Palm Beach County issued a clarification specifically interpreting the existing law to provide that “residential property” includes association common areas and would allow associations to remove trees without going through the cumbersome permitting and approval process.   However, the pending bill that is awaiting the governor’s signature would reverse this position in a way that would negatively affect community associations.  The pending legislation specifically defines “residential property” to mean a single family or detached building located on a lot used for single family residential purposes.  Therefore, under the new law, if it were to go into effect, it would become clear that trees located in the association’s common property would not be allowed this exception and would have to go through the applicable permitting and approval process with the city and/or county in which the tree is located. We understand that several groups that advocate on behalf of community associations are currently lobbying...

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