What should a homeowner know about a declaration in an association? – Perez Mayoral
If you’re living in an HOA, one of the most important things to remember is that you’ll likely need approval for any alterations you want to make to your property, especially if it involves the exterior, the roof, your backyard, or balcony. Before making any changes, it’s crucial to read the community’s...
Why do I need an attorney for a denied insurance claim? -Perez Mayoral HOA, Condo & Business Lawyers
If you’re a homeowner or part of a condominium association and your insurance claim has been denied, it’s crucial to consult with a knowledgeable attorney who specializes in condominium or HOA law. Insurance claims in these settings are far more complex than typical homeowner’s insurance claims because the responsibilities for repairs and...
What steps can I take if my HOA is not transparent with its financials? – Perez Mayoral
HOAs often aren’t transparent with their financials, including bank statements, contracts, and agreements with vendors for work done in the community. However, the law requires that these documents be kept in the HOA’s official records for at least 7 years. As a homeowner, you have the right to inspect these records. You...
What are common mistakes businesses make in litigation? -Perez Mayoral HOA, Condo & Business Lawyers
One of the most common mistakes businesses make in litigation is waiting too long to consult with an attorney. Often, businesses try to resolve disputes on their own, using demand letters or taking actions that may not be entirely legal. It’s crucial to speak with an attorney early on to understand the...
How Long Does The Litigation Process Usually Take In A Business Dispute? – Perez Mayoral
In this video, I talk about the litigation process in a business dispute and how they can vary based on the complexity of the case. In Florida, the bar recommends that commercial litigation typically lasts between 12 to 18 months, but simpler cases might be resolved in 6 to 12 months. This...
What Is The Process For Filing A Business Litigation Case In Florida? – Perez Mayoral
The process for filing a complaint can vary based on the type of dispute involved. For example, in commercial disputes related to contracts, there may be clauses that require arbitration or mediation before you can file a lawsuit. It’s crucial to review the contract to understand the required venue for addressing the...
How Can I Challenge An Unfair Assessment Or Fine Imposed By My HOA?
In Florida, for a Homeowners Association (HOA) to pass a special assessment, there is a statutory process that must be followed. This process includes sending out specific notices that detail what the special assessment is for, the amount, and where the funds will be allocated to ensure maximum transparency. Depending on the...
How Does The Florida Law Protect Homeowners In Disputes With Their HOA? – Perez Mayoral
Florida law has traditionally been more favorable to homeowners associations (HOAs), giving more power to the association and its board. However, recently the legislature has started to address the imbalance of power between associations and homeowners, especially considering that associations have access to the resources of all homeowners through the common fund....
What should I do if my HOA is trying to foreclose my property? – Perez Mayoral
If your HOA is trying to foreclose on your property, it’s crucial to take the situation seriously and act promptly. The law often favors HOAs in foreclosure actions, meaning that if they proceed with foreclosure due to unpaid assessments, additional costs like attorney’s fees can quickly escalate your debt—from a $1,000 overdue...
How can homeowners handle denied insurance claims? – Perez Mayoral
I urge homeowners and condo owners facing denied insurance claims to seek guidance. Condo and HOA property damage claims differ from standard homeowners insurance claims, often involving legal responsibility from the association or other unit owners. Many homeowners don’t know their rights under the Condominium Act or their governing documents, which can...