04/23/2021
Attorney
· Lawyer
With all the added security concerns evolving today, it’s not surprising that many developers, builders, and land use architects are designing private neighborhoods and planned communities as private associations with property owner covenants and restrictions. Many of these planned communities, subdivisions, or neighborhoods are without gated security structures but still retain all the characteristics of being governed by an organization or association. These HOA or COA’s are designed to establish rules for property and residents. In turn, residents who purchase property within the organizational boundaries or jurisdiction become members and are required to follow the rules and regulations established and pay contributing dues. Those that either violate a rule(s) or fail to pay obligated dues face additional fines, censorship, and or legal action. Interestingly enough, more and more real estate buyers are interested in paying for what they believe to be added security, and a strictly enforced governance of rules and regulations that help control their neighborhoods. Many believe the added expense is justified over the value they receive from these types of communities and the added expense is just included in their living expense and budget. These expense issues can be a factor for some new homebuyers looking for the greatest housing value for their dollars spent while trying to stay within a budget. HOA and COA fees can get quite expensive depending on a number of factors including amenities included, 24-hour security offered, and costs including property management fees, landscaping, and other primary service expense. HOA’s and COA’s service fees pay for the upkeep and maintenance of all common areas, additional community amenities, and even the handling of disputes between homeowners and the association that governs them. There are specific laws that govern homeowners and condominium associations depending on the nature of the association. Many of these organizations are non-profit and as such are governed as other non-profits. One thing, that all of these types of entities have in common is that they can benefit from a lawyer who possesses the legal knowledge and experience dealing with associations from their formation: i.e. creating governing documents, including the declaration of covenants, conditions, and restrictions, to all of the day-to-day legal issues that might develop.
Having rules and regulations that a property owner must abide by when under the jurisdiction of an HOA or COA, creates additional demand on the part of the association for competent legal counsel. At Heekin Law, P.A. our lead HOA & COA attorneys, Geoff Heekin and Ariel Spires have extensive experience representing HOA and COA’s throughout the State of Florida. We understand the issues many associations face and the relationships they what to maintain with disputing members. We also understand that a well-run and successful association is usually based on the enforcement of their rules and regulations and the adherence thereof. We represent associations and property management companies who work on behalf of an HOA or COA. We help with the continued maintenance of these associations as well as resolving disputes that arise. It takes legal judgment and expertise to successfully resolve many issues, but it also takes knowledge and skill to defend such actions in a court of law or pursue aggressive actions to obtain compliance and protect the community. If you are a developer, contractor, property management company, or other parties interested in receiving guidance in creating an association, or need help with resolving an existing dispute, we can be of assistance. Give us a call for a free, no-obligation consultation at 904-355-7000. Heekin Law, P.A. has over 40 years of shared legal experience representing associations and their governing bodies.
