Florida Attorneys for Condominium Associations
Hamilton Mikes, P.A. provides legal counsel to condominium associations throughout Southwest Florida. Our attorneys advise boards of directors, officers, and condominium association managers on governance, statutory compliance, contract review, covenant enforcement, assessment collections, litigation, insurance matters, construction issues, and disaster recovery. We help condominium associations protect property values, reduce legal risk, and maintain successful communities throughout Naples, Bonita Springs, Estero, Fort Myers, Cape Coral, Marco Island, Punta Gorda, and surrounding Southwest Florida communities.
Legal Services We Provide
Regulatory Compliance
We help Florida condominium associations comply with Chapter 718, Florida Statutes, administrative regulations, and guidance issued by the Division of Condominiums, Timeshares and Mobile Homes. Our attorneys advise boards on meeting requirements, voting procedures, reserve funding obligations, milestone inspection compliance, Structural Integrity Reserve Studies (SIRS), official records requirements, and other statutory obligations that impact condominium operations
Condominium Documents
Our condominium attorneys draft, amend, interpret, and enforce declarations of condominium, articles of incorporation, bylaws, rules and regulations, and amendments. We help boards understand their authority, resolve conflicts within condominium documents, and ensure condominium documents remain consistent with Chapter 718 and evolving Florida law.
Corporate Governance
Effective governance is the foundation of every successful condominium association. We advise directors and officers regarding fiduciary duties, board meetings, elections, recalls, director certification requirements, conflicts of interest, business judgment rule protections, and governance best practices designed to reduce legal risk and promote community stability.
Covenant Enforcement
We help condominium associations enforce condominium declarations, rules and regulations, use restrictions, leasing restrictions, occupancy limitations, maintenance obligations, and architectural standards. Our attorneys guide boards through violation notices, fining procedures, suspension of use rights, arbitration proceedings, mediation requirements, and litigation when necessary.
Assessment Collection
Strong financial health depends on timely collection of condominium assessments. We collect delinquent condominium assessments, special assessments, late fees, interest, and costs of collection. We draft notices that comply with Chapter 718, Florida Statutes. We pursue cost-efficient collection strategies tailored to the particular collection matter, so your condominium association does not throw good money after bad.
Lien Foreclosure
Our collections team prepares statutory pre-lien and pre-foreclosure notices, records claims of lien, and pursues condominium lien foreclosures throughout Florida. We help associations maximize recovery while complying with Chapter 718 collection requirements and protecting association assets.
Litigation & ADR
We represent condominium associations in litigation, arbitration, and mediation involving owners, contractors, developers, unit purchasers, insurance carriers, management companies, and vendors. Our attorneys handle disputes involving covenant enforcement, contracts, elections, records requests, construction defects, and other condominium-related matters. Whether it is a matter before the 20th Judicial Circuit of Florida, the Division of Condominiums, Timeshares and Mobile Homes, or the American Arbitration Association, we are your condominium association’s zealous legal advocate.
Contract Management
Condominium associations routinely enter contracts involving landscaping, maintenance, management, security, roofing, engineering, construction, restoration, and other services. We review, negotiate, draft, and interpret contracts to reduce risk and protect the association's interests before disputes arise.
Risk Management
Our attorneys help condominium association officers and directors identify and manage legal, operational, financial, and governance risks. From hurricane preparedness and reserve planning to vendor oversight and board decision-making, we help condominium associations avoid costly mistakes and preserve property values.
Official Records
Chapter 718 imposes detailed official records obligations on condominium associations. We advise boards regarding records retention, owner inspection requests, electronic records maintenance, accounting records, meeting notices, minutes, and compliance with official records disclosure requirements. If your condominium association is under investigation for alleged violations of these requirements by the Division of Condominiums, Timeshares and Mobile Homes, we will be your advocate and help bring your policies and procedures into compliance if directed.
Sales, Leases & Occupancy
We counsel condominium associations regarding approval procedures, transfer restrictions, leasing limitations, tenant compliance issues, occupancy requirements, screening policies, and enforcement of rights under the condominium declaration and Florida law.
Architectural Review
Condominium communities frequently face disputes involving alterations to units and limited common elements. We assist boards and architectural review committees with architectural standards, owner applications, material alterations, common element modifications, construction approvals, and enforcement of community design restrictions.
Fair Housing
We help condominium associations comply with federal and Florida fair housing laws governing disability accommodations, reasonable modifications, emotional support animals, service animals, discrimination claims, and occupancy-related issues. Our goal is to help boards serve residents fairly while minimizing legal exposure.
Budgeting & Financial Reporting
We advise condominium associations regarding annual budgets, reserve accounts, special assessments, audited financial statements, reserve funding requirements, and compliance with Structural Integrity Reserve Study (SIRS) obligations. Our attorneys help boards make informed financial decisions that support long-term community stability.
Construction
Condominium construction projects often involve complex legal and operational issues. We assist boards with contractor agreements, material alterations, reconstruction projects, turnover claims, construction defects, major repairs, engineering reports, project oversight, and disputes arising from construction work.
Insurance
Our attorneys help condominium associations address property insurance, windstorm coverage, flood insurance, liability policies, coverage disputes, claim administration, appraisal proceedings, and insurance obligations under condominium governing documents and Florida law.
Disaster Recovery
Following hurricanes and other catastrophic events, condominium associations face difficult decisions involving emergency powers, insurance claims, contractor selection, reconstruction contracts, special assessments, habitability concerns, milestone inspections, and long-term recovery planning. We help boards navigate every stage of the recovery process while protecting the interests of the condominium.
Frequently Asked Questions About Florida Condominium Associations
What legal services does Hamilton Mikes provide to condominium associations?
We advise condominium boards, officers, and managers regarding regulatory compliance, governing documents, corporate governance, covenant enforcement, assessment collection, lien foreclosure, contracts, official records, owner disputes, construction, insurance, and disaster recovery.
What Florida law generally governs condominium associations?
Florida condominium associations are generally governed by Chapter 718, Florida Statutes, together with applicable administrative requirements and the association’s declaration, articles of incorporation, bylaws, rules, and amendments.
Can your attorneys help a condominium board interpret or amend its documents?
Yes. We draft, review, interpret, and amend declarations of condominium, articles of incorporation, bylaws, rules and regulations, and related association documents. The required approval and adoption process depends on the document, its amendment provisions, and applicable law.
Do you advise condominium associations about milestone inspections and Structural Integrity Reserve Studies?
Yes. We advise condominium boards regarding milestone inspection requirements, Structural Integrity Reserve Studies, reserve funding obligations, related budgeting decisions, and the governance procedures required to implement them.
Can Hamilton Mikes collect delinquent condominium assessments?
Yes. We assist with delinquent regular and special assessments, statutory notices, claims of lien, negotiated resolutions, and lien foreclosure proceedings when appropriate.
Do you represent condominium associations in owner and vendor disputes?
Yes. We represent condominium associations in litigation, arbitration, mediation, administrative proceedings, and negotiations involving owners, contractors, developers, insurers, vendors, management companies, and other parties.
When should a condominium association involve legal counsel in a major project?
Legal counsel should be involved before the association signs significant construction, restoration, engineering, management, or hurricane-recovery agreements. Early review can help clarify responsibilities, allocate risk, and identify unfavorable contract terms before the association becomes bound.
Contact Hamilton Mikes
Contact Hamilton Mikes, P.A. at 239-594-7227 to discuss legal counsel for your Florida condominium association.