Condominiums are a major part of Florida's real estate industry. Condo owners in Florida often join condo or homeowners associations. Joining such associations comes with its benefits and potential downsides. That's why it'll be best to have a real estate team of lawyers on your side.
If you want to file a claim under Florida's condo law, you'll require a law firm versed in that field. Our Pompano Beach condo and HOA lawyers lawyers are just the right choice for resolving all your condo's complex issues.
If you'll understand Florida's condo law and why you need condominium lawyers in Pompano Beach, it'll be the best first to find out what a condo is. According to Florida Statutes Section 718.103, a condo is a building or residential complex where individuals own individual units of property. Furthermore, the common parts of the real estate complex are jointly owned and maintained by the condo owners. These common elements include hallways, grounds, and public amenities.
Condominiums make up a significant portion of Pompano Beach's real estate sector. So, it's governed by real estate law too. Many people think that Florida condos are just for residential purposes. However, they can also serve commercial purposes or both in one building. Choosing a Florida condominium, especially in Palm Beach County, is a major step in your life. Therefore, it would be best to make this decision carefully.
Firstly, it would help if you let the purchase purpose guide you. Secondly, find out any restrictions on the property owners' use of the complex. It would also help to hire condominium lawyers. They can ensure that the process is within the Pompano Beach condominium laws. They can also help you get the Declaration of the Condominium.
Relevant contents of the Condo Document include:
Other vital documents condominium lawyers should ensure their clients get includes a copy of the:
Condominium insurance is a major topic in the American real estate industry. Insurance policies are necessary to cover the effects of all types of damage a condo owner may suffer.. So, if any insured circumstance occurs, the affected party can make property damage claims. Consequently, the relevant insurance companies will cover the losses. However, not all American states require community associations to take out condominium insurance.
Fortunately, Florida statutes require community associations to buy condominium insurance. This insurance policy will cover the replacement cost of insured real property. Condominium insurance usually doesn't cover construction defects. Furthermore, the coverage amount is often determined by an independent appraisal. Moreover, the association may also reassess the coverage amounts periodically.
However, it's essential to note that condominium insurance isn't a personal policy. Therefore, it may only apply to the common elements of the condo. So, you cannot file damage insurance claims for lost or destroyed personal property.. Hundreds of community association members are unaware of this fact. Consequently, they don't buy personal insurance for their parts of the condo.
Furthermore, condo associations in Palm Beach or Pompano Beach may require that you buy insurance policies. They may even demand that you purchase a policy from specific insurance companies. This could be based on their trust in the company. Whichever way, good condominium lawyers will help their clients settle such complex issues.
Condo owners in Florida generally contract to be bound by the association's rules. These rules often include responsible living and payment of dues. However, condo associations sometimes admit problematic owners who flout the rules. Luckily for homeowners associations (HOAs), some remedial steps are available for them. Such steps include levying fines and other lighter punishments.
Furthermore, the association can also evict an owner. However, this tough remedy is often a last resort. An eviction process is very complicated, so HOAs only resort to it after exploring other possible remedies. Again, evicting an owner has to also be for a significantly severe offense. Yet again, it's easier for associations to evict tenants than it is to evict actual condo owners.
The association's powers to evict and whether they'll do so often stems from the governing documents. Where an owner is evicted, the HOA may require law enforcement to enforce the eviction. Finally, wrongfully evicted condo owners can also file claims against the association. So, you can check the history of claims against the association to check for a pattern. Florida condominium lawyers can help you with this process.
If you suffer any discrimination or other condo-related losses in Pompano Beach, you can file an official complaint. A wide variety of reasons can necessitate a complaint, and Florida condominium laws protect you. For instance, a Florida condominium resident filed a claim against the HOA for using reserve monies for a purpose different from the intended use. However, it's essential to note that there are special procedures for filing such complaints in Pompano Beach.. Furthermore, it'll also be best to have the best condominium lawyers represent you during the process.
You can file your claim with the Division of Florida Condominiums, Timeshares, and Mobile Homes. The responsibilities of the Division are spelled out in Florida Statutes Section 718.501. The essential elements of your complaint include your allegation against the homeowners' association and any documents that can help your claim.. Moreover, you can also include your history of claims against the condominium and homeowners association.
Having completed your complaint form, you can mail or fax it to the relevant Department. Furthermore, thirty days after filing your complaint, the Division will reply to your letter. The reply will contain its review of your complaint, especially whether they have jurisdiction over your allegation.
The Division has a wide jurisdiction under condominium laws before developer turnover occurs. However, condo law restricts the Division's jurisdiction to the investigations concerning finances and elections after such turnover. They can also reconsider condo units' owners' access to the condominium associations' records.
Beyond insurance claims, many Florida homeowners have lawsuits against their homeowners' association.. However, many people don't know that the Florida Statute of Limitations may affect their right to sue. Firstly, it's clear that you don't just sue your HOA. There's the complaints procedure above and the resort to alternative dispute resolution schemes before going to court.
Furthermore, your time limit also depends on what area of law you're claiming under. For instance, it could be for breach of contract or negligence. This distinction is vital because they all have different statutory periods for filing. It shouldn't be challenging for a law firm with its core practice in condominium issues to determine the right legal timing.
For negligence claims, the statutory limit is four years. However, if you're bringing a claim for breach of contract, Florida Statutes Section 95.11 (2)(b) gives you five years. This time limit also applies if you're challenging the community association's articles of incorporation.
Experienced condominium lawyers will inform you that the clock starts ticking from the date the event you're complaining about occurred. If you don't file a timely action, the courts may forever bar your claim. Therefore, it's best to get the best condominium lawyers working on your case immediately.
As with all legal matters, your choice of legal representation determines whether or not you'll win your case. Hiring a lawyer when proceeding against condominium and homeowners association isn't compulsory. However, it would be best to hire an experienced team of Pompano Beach condominium lawyers.
At VG Law Group, we have condominium lawyers with their core practice in condominium insurance. We also have experienced attorneys that can tackle any legal issues relating to condominium laws. Therefore, it'll be best to call us today for a consultation on your case.