Community Association Law - Homeowners Associations and Country Clubs

• Representing homeowners associations and country club boards
• Developers, financial institutions & individuals
• Governing documents, collections, statutory and regulatory compliance
• HOA attorneys Board Certified in Condominium and Planned Development lead in the development of community association law

Sachs Sax Caplan's HOA Attorneys in the Community Association practice group have extensive experience in Homeowners Associations and Country Club legal governance and, as pioneers, have long been credited with bringing about landmark changes in this area of the law.

Our Clients

Representing homeowners associations, country club boards, developers, 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. In particular, these attorneys have led the way in creating and structuring mandatory country club membership provisions for owners in established communities with amenity packages.

HOA Attorneys in Boca Raton & Serving Community Associations Statewide

The Firm’s Community Association Law Group is led by attorneys who are Board Certified in Condominium and Planned Development Law. Our 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, governmental relations, covenant enforcement and reserve irregularities, with creative solutions backed by solid experience.

The Homeowners’ Association Act: Florida Statutes Chapter 720

Homeowners Associations and Country Clubs are governed by Chapter 720 of the Florida Statutes. The Florida Homeowners’ Association Act applies specifically to not-for-profit organizations that operate residential homeowner’s associations in Florida and directs the formation, management, powers and operations of HOA’s and country clubs in Florida.

Attorneys in the Community Association Law practice area are well-versed in the provisions of Chapter 720 and prepared to guide HOA Clients through the myriad of legal pieces that comprise sound HOA and country club governance. From general provisions that include the formation of a HOA board, to obligation of members, and transition of association control to disclosures prior to sale of residential properties, our HOA lawyers stand at the ready to assist HOA boards, management companies and individual home owners.

General Provisions

• Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.
• Notice of association information; preservation from Marketable Record Title Act.
• Architectural control covenants; parcel owner improvements; rights and privileges.
• Right of owners to peaceably assemble; display of flag; SLAPP suits prohibited.
• Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.
• Failure to fill vacancies on board of directors sufficient to constitute a quorum;
• appointment of receiver upon petition of member.
• Contracts for products and services; in writing; bids; exceptions.
• Meetings of members; voting and election procedures; amendments.
• Transition of association control in a community.
• Assessments and charges; payment for assessments; lien claims.
• Estoppel certificates.
• Financial report.
• Agreements entered into by the association.
• Recreational leaseholds; right to acquire; escalation clauses.
• Dispute resolution.
• Declaration of covenants; survival after tax deed or foreclosure.
• Passage of special assessments.
• Association emergency powers.

Disclosure Prior to Sale of Residential

• Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract cancellation.
• Publication of false and misleading information.

Covenant Revitalization

• Preservation of communities; revival of declaration of covenants.
• Eligible communities; requirements for revival of declaration.
• Organizing committee; parcel owner approval.
• Department of Economic Opportunity; submission; review and determination.
• Recording; notice of recording; applicability and effective date.

Collaboration, Depth of Experience & Setting Historical Precedent

Interacting with the Commercial Litigation & Appeals Group, the Firm is 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.