HOA & Condo Association Law

Perez Mayoral, P.A. obtained an $8,000 recovery in Pisciotta v. Isles of the Bay, a Pinellas County association matter. Smaller figures are worth noting, because owners often assume a claim has to be large before it is worth raising at all.

Section 718.111 of the Florida Statutes is direct about post-loss work....

Perez Mayoral, P.A. recovered $55,000 in an Orange County matter involving an improperly installed roof. The result came out of negotiation rather than a trial, which is where the large majority of these claims end up.

Property insurance mediation in Florida is a defined process rather than an informal meeting. Section 627.7015...

For budgets adopted on or after December 31, 2024, a unit-owner-controlled condominium association that is required to obtain a structural integrity reserve study may not vote to waive or reduce reserves for the items identified in that study. See Section 718.112(2)(f)2.b., Fla. Stat. Because most condominium buildings with three or more habitable...

Perez Mayoral, P.A. recovered $36,761.67 for a unit owner in a Lee County termite damage matter. The figure is precise because claims of this kind get built from treatment records and carpentry invoices rather than from round estimates.

Owners assume the association’s insurance answers the question. It usually does not, because property...

A Florida condominium management or maintenance contract must be in writing and must specify the services provided, the reimbursable costs, the frequency of performance, minimum staffing, and any financial or ownership interest a board member or management party holds with the contracting party. See Section 718.3025(1), Fla. Stat. Any service or obligation...

Perez Mayoral, P.A. obtained a $90,000 result in Garrigos v. Hernandez, a Broward County dispute over a property defect. Matters of that type usually turn on a small set of documents that existed well before the closing date.

Florida once followed buyer beware with little softening. A seller who said nothing about...

Florida law generally shields HOA and condominium association directors from personal monetary liability for their business decisions. See Section 607.0831(1), Fla. Stat. That shield is not absolute: if a director’s breach of duty constitutes a criminal violation, an improper personal benefit, Section 607.0834 statutory liability, conscious disregard or willful misconduct, or recklessness...

No. A Florida condominium unit owner cannot withhold assessments as a response to a dispute with the association. Section 718.116(1)(a), Fla. Stat., imposes unconditional liability for all assessments that come due while the owner holds title, and Section 718.116(2), Fla. Stat., provides that assessment liability cannot be avoided by waiver of use...

Florida law entitles members of a homeowners’ association to elect a majority of the board of directors when the earliest of six statutory events occurs. See Section 720.307(1), Fla. Stat. The most common trigger is three months after 90 percent of parcels in all phases of the community have been conveyed to...

Florida law prohibits a condominium association from making any material alteration or substantial addition to common elements unless the declaration specifies an approval procedure — or, if the declaration is silent, 75 percent of the total voting interests of the association must approve the change before it begins. See Section 718.113(2)(a), Fla....