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Community Association (Condominium, HOA & Co-ops)

The Firm is most well known for its pioneering role in the creation of the law pertaining to the operation of common ownership housing. Many of the leading cases in the field bear the Firm's name. Our attorneys are recognized as individual leaders in the field through published works, public service, legislative activities and industry group leadership positions. Several attorneys are members of the prestigious College of Community Association Lawyers (CCAL).

The attorneys in the Community Association Law Practice Group cover the entire spectrum of legal counseling of condominium, cooperative, time shares and homeowners associations. In addition, the practice group provides counseling to country clubs, master associations and owners' ad hoc committees. Each attorney plays an integral part of their client's professional team assisting the Board and management prepare for and conduct meetings; answering questions about documents and the pertinent law; enforcing the covenants and restrictions and; drafting and negotiating contracts for provision of services.

Each client is assigned a Community Association Attorney who is primarily responsible for providing legal counseling to the officers and directors, as well as the manager, on the operation of the Association. The Association's attorney also serves as a liaison between the client and other attorneys in the Firm to ensure that all the association's legal needs are being met by attorneys who practices exclusively in those specialized areas.

Among the types of services routinely provided to Community Association clients are the following:

  • Legal counsel in the application of state and local law and court rulings and administrative decisions impacting on the operation of Community Associations.
  • Compliance with applicable Federal laws, such as the Telecommunications Act of 1996, the Fair Housing laws, and the Employment Discrimination Laws, as well as similar state and local statutes and ordinances.
  • Interpretation, amendment and enforcement of the governing documents -- Declaration of Condominium, Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation, the Bylaws of the Association and the rules and regulations.
  • Answering day-to-day questions regarding operational, technical, regulatory, and practical issues.
  • Advising on Hurricane preparation, protection and counsel on recovery and rebuilding efforts.
  • Assisting the Board of Directors on fiscal matters, such as budgeting, levying special assessments, and establishing reserves.
  • Addressing maintenance and repair issues and distinguishing between those projects which require Board approval and those which require unit owner approval.
  • Drafting and reviewing contracts for the management, maintenance, repair and operation of the community.
  • Assisting in planning and developing contracts for construction projects and complying with construction lien laws.
  • Collection of delinquent assessments.
  • Counseling owners ad-hoc committees in the pre-transition phase of the Community's evolution.
  • Providing legal counsel for post-transition, unit owner-controlled Association on developer issues, including the resolution of warranty, accounting and representation claims, and the establishment of on-going operational controls.
  • Reviewing loan documents and structuring commercial lines of credit and/or arranging sources of financing for recreation lease purchases, capital improvements, etc.

Multi-Disciplinary Approach

Each community's designated attorney also serves as a liaison between the client and the Firm's other practice areas. The attorney works closely with the Firm's other practice groups including Collection/Foreclosure, Covenant Enforcement, Construction Law, Employment Law, and Telecommunication/Technology to be sure that all of the Association's legal needs are met in the most responsive, professional, and cost effective way possible.

Commitment to Communication

The Firm publishes a newsletter, Community Update, containing articles on developments in Community Association law, notes on significant case decisions, helpful tips on the business aspect of Association operations, and details on changes in legislation and administrative decisions. Additionally, the Firm sponsors many free educational seminars throughout the State on various topics related to the management and operation of community associations.

The Florida Condominium & HOA Law Blog

Find insightful analysis of current issues on our blog. The vast combined knowledge of the Firm's community association attorneys is shared with you to keep you and your community informed. Log on and subscribe to receive updates as they happen.  Click here www.floridacondohoalawblog.com.

CALL — The Community Association Leadership Lobby

CALL is a statewide advocacy group which represents the interests of our over 4,000 community association clients. CALL provides information, education and other tools through the CALL website (www.callbp.com) and email alerts to keep its members up to date on issues and legislation that impact them and their communities. Through the Legislator Connect tool on the website, a CALL member can contact all 160 members of the Florida Legislature to convey his or her opinion on a particular bill with just the click of a button. CALL has established a strong reputation with legislators and public opinion leaders as a credible voice for the ever increasing number of Floridians living in common ownership housing. The website is accessible by each community association by using the Firm matter number as the password to log on to the site.

The website provides:

  • the name and contact information for the community's State Representative and State Senator;
  • useful links to important information such as House and Senate websites, Becker & Poliakoff hurricane recovery site, and governmental agencies such as FEMA;
  • categorizes the legislative bills based on subject matter and the type of common interest ownership community;
  • provides press coverage from around the State concerning common interest ownership issues and much more.

CALL Publications

2016 Legislative Guide for Community Associations

Click here to access THE CALL website

Related Statutes and Administrative Codes

Chapter 718 - Condominiums (2015)

Chapter 61b - Division of Florida Condominiums, Timeshares and Mobile Home

Chapter 719 - Cooperatives

Chapter 720 - Homeowners' Associations

Chapter 721 - Timeshares

Chapter 723 - Mobile Homes

Chapter 468 Part VIII - Community Association Management

Important Links

Division of Florida Condominiums, Timeshares and Mobile Homes

Florida Office of Insurance Regulation

Florida Institute of Certified Public Accountants - Common Interest Realty Associations

Name Title Phone V-Card Email Office
Joseph E. Adams Office Managing Shareholder, Ft. Myers and Naples 239.433.7707 Ft. Myers
Donna DiMaggio Berger Shareholder 954.364.6031 Ft. Lauderdale
Lee H. Burg Shareholder 954.985.4184 Ft. Lauderdale
Martin C. Cabalar Attorney 973.898.6502 Morristown
Harry W. Carls Office Co-Managing Shareholder, Orlando 407.875.0955 Orlando
James Robert "Rob" Caves , III Shareholder 239.552.3200 Ft. Myers
Adam Cervera Senior Attorney 305.262.4433 Miami
Douglas G. Christy Senior Attorney 813.527.3900 Tampa Bay
Lance D. Clouse Senior Attorney 772.871.9320 Stuart
Jane L. Cornett Shareholder 772.286.2990 Stuart
John Cottle Office Managing Shareholder, Ft. Walton Beach 850.664.2229 Ft. Walton Beach
Rosa M. de la Camara Shareholder 305.260.1011 Miami
Kenneth S. Direktor Shareholder 561.655.5444 Ft. Lauderdale
Kevin L. Edwards Shareholder 941.366.8826 Sarasota
Lilliana M. Farinas-Sabogal Shareholder 305.351.1077 Miami
Mark D. Friedman Shareholder 561.655.5444 West Palm Beach
Yeline Goin Attorney 407.875.0955 Orlando
Michael C. Góngora Shareholder 305.260.1014 Miami
Howard E. "Buddy" Googe Shareholder 772.286.2990 Stuart
Jennifer Horan Attorney 239.552.3200 Naples
Scott Kiernan Shareholder 407.875.0955 Orlando
Marc D. Kleiner Of Counsel 954-987-7500 Ft. Lauderdale
Elizabeth "Beth" A. Lanham-Patrie Senior Attorney 407.875.0955 Orlando
Matthew Meyers Shareholder 973.998.8925 Morristown
Steven H. Mezer Shareholder 813.527.3900 Tampa Bay
David G. Muller Shareholder 239.552.3200 Naples
Howard J. Perl Shareholder 954.364.6054 Ft. Lauderdale
Martha (Martica) Miguez Platts Senior Attorney 561.655.5444 West Palm Beach
Gary A. Poliakoff, (1944-2014) Founding Shareholder
J. David Ramsey Shareholder 973.898.6502 Morristown
Jay Roberts Senior Attorney 850.664.2229 Ft. Walton Beach
David H. Rogel Shareholder 305.260.1015 Miami
Robert Rubinstein Office Managing Shareholder, West Palm Beach 561.655.5444 West Palm Beach
Robyn M. Severs Shareholder 904.423.5372 St. Augustine
Sarah E. Spector Shareholder 239.433.7707 Ft. Myers
Glenn H. Spiegel Shareholder 212.599.3322 New York
Robert L. Taylor Office Co-Managing Shareholder, Orlando 407.875.0955 Orlando
Sara K. Wilson Attorney 407.875.0955 Orlando
Erin A. Zebell Attorney 407.875.0955 Orlando
Publications
Article
News
Events
November 5, 2015
June 30, 2016
Demonstration
July 7, 2016
Demonstration
August 4, 2016
Demonstration
August 9, 2016
Community
December 16, 2016

Testimonials

I love attending your legal update – it is truly the best in the market.
Craig Vaughan
President | Castle Group

“Throughout the years I have benefited tremendously from all the “continued education” I have received from all the seminars and CEU classes your office has provided.  I am sincerely appreciative of all your professional participation in my professional life! Thank You!”

Katia Ettus
LCAM First Service Residential
“Most informative class I ever attended.”
Roland Stearns
“A law firm proactive in educating and informing community associations.”

Bill Webster
“These seminars are invaluable to any condo dweller.”

Lynne Willner
“Although probably the biggest & best Association Law Firm in the State, they’re never too big to assist smaller associations and offer the best legal “blogs” I’ve seen.  Thank you for giving back.”
Joanne Foley
Manager Association Services of Florida