Condo Association Disputes

Living in a condominium association presents a unique set of potential problems since it is a specialized area of real estate law. As a result of the large number of individuals who reside in associations in Florida, there are specific laws which were designed to apply solely to associations. Residents living in associations pay regular assessments which cover the management, landscaping, and general maintenance of the association’s common areas. It is the job of the condominium or homeowners association to address the entire community’s needs rather than the individual needs of any individual owner. Clients often come to our Firm with issues such as disputes between neighbors, disputes between the owner and the association, property damage which originated or resulted from either another unit owner’s property, or from the association’s property, such as a water leak, mold infestation or a fire. Often times, association unit owners may feel frustrated in their ability to go up against an association’s board or the decisions the board has made. However, unit owners have rights which our attorneys can explore with you.

A Hands-On Approach

Every association is different, with each having its own declarations, bylaws, rules, and board of directors. Our attorneys work closely with each client and carefully review the association governing documents in order to clearly identify the issues in each situation. It is important to analyze all of the facts in each case because both individual owners and the association have their respective and distinct liability and responsibilities to you.

Type of Claims

Association unit owners typically find the following types of matters that arise in an association:

  • Failure to maintain common areas
  • Flood, mold and fire damage originating in other units or the common elements
  • Failure to enforce noise and disturbance rules
  • Failure to prevent neighbors from beach of the association agreements
  • Associations that fail to abide by the law
  • Associations who harass their unit owners
  • Challenge association liens, foreclosure actions, refusal to accept payments or improper or illegal fines and fees
  • Challenge an association’s arbitrary denial of a new buyer or tenant
  • Associations that selectively enforce rules against or in favor of some of the unit owners.

Experience

In order to completely handle a dispute with your association, it is important for your attorney to be both experienced in association law as well as property insurance litigation. This becomes even more important when you have a situation where two separate insurance companies represent the association and another condominium unit owner and there is a dispute over which insurance carrier is responsible for the damage. Militzok & Levy has the experienced attorneys, staff and resources to take on this type of dispute.

To learn more about your rights as an association property owner, contact us today to schedule a consultation.