Does Your Homeowners Association Need Legal Counsel?

Homeowners associations (or HOAs) bring a different set of challenges than other associations or cooperatives. The primary purpose of an HOA is to protect and enhance property values, and it does so by providing two main functions:

  1. Enforcing deed restrictions
  2. Maintaining common areas and amenities

Our attorneys have lived in HOAs and have served on HOA boards. They have handled “turnover” from developers, and they have represented hundreds of HOAs in their legal matters. Adamczyk Law Firm not only has the experience to guide your HOA through its legal issues, but we also offer proactive solutions and strategies that will allow your HOA to set the standard of excellence for community living.

Documents, Details And Deeds

HOAs can only go as far as their documents will take them. Yes, Chapter 720 of the Florida statutes provides guidance and certain legal restrictions for HOAs, but the community documents truly define your HOA.

When your community was created, the developer recorded a set of deed restrictions that are designed primarily for the initial development and sale of homes. Your community also has a declaration. In the declaration for your community, you will likely find restrictions regarding single-family homes, commercial activity, vehicles, parking, pets, leasing, storage and other activities. If your community is still using the documents created by the developer, it is likely that your HOA is hitting roadblocks on various issues and projects that would otherwise be manageable with updated documents.

Visit our video center for more information about documents and rules, unapproved building additions and other issues that are important to homeowners associations.

In Florida, an HOA’s recorded documents become unenforceable after 30 years. To avoid this result, the documents need to be preserved or revived under specific legal procedures. Our firm is highly experienced with document preservation and renewal.

Understanding How To Form An HOA

Our attorneys have handled hundreds of document amendments and updates for HOAs, and we can tailor our services to the needs and budget of your HOA. We help associations across Florida keep their neighborhoods beautiful and peaceful places to live.

For a lawyer equipped to understand gated communities and subdivisions, look no further. Our founding attorney, Mark Adamczyk, teaches condominium and homeowners association law at Ave Maria School of Law. Our Naples office is available for your legal needs. Reach us by phone at 239-260-9948 for legal aid. You can also contact us through our online form, and one of our staff members will get back to you.