The laws that govern community associations are complex and nuanced. At the Wonsetler & Webner, P.A., we have represented over 450 homeowners associations and condo associations throughout central Florida. Our extensive experience and in-depth knowledge of the law allow us to guide community associations through a wide variety of legal concerns effectively.
We regularly provide legal services to community associations in the following areas:
- Attending and conducting board meetings and members’ meetings.
- Collections including lien foreclosure litigation.
- Dispensing legal and practical advice regarding day to day disputes between community associations, owners, developers and contractors.
- Drafting governing documents and amendments thereto.
- Giving legal advice regarding requirements of the governing documents and the laws regarding elections, assessments, maintenance, repair and replacement, insurance, etc.
- Preparing clients for elections and meetings of the Board and/or members.
- Preparing contracts, addendums and modifications and assisting in contractual negotiations and disputes.
- Rules / Covenant enforcement;
Our firm is committed to providing Community Associations with strategic and aggressive representation in all areas which effect the enforcement of their governing documents. Our attorneys can provide guidance to your Association as to the legal remedies available when an owner violates the restrictive covenants, which include but are not limited to fining, suspension of privileges, and the filing of civil suits in state court or covenant enforcement petitions with the Florida Department of Business and Professional Regulation. The Board of Directors has a duty to act in the best interest of the Association, and violations detract from the purpose of the Governing Documents and potentially alter the appearance and aesthetic continuity of the Association, therefore it is imperative that Associations take action when a violation of the rules and regulations has occurred.
Most Common Rules Violations:
- Building unapproved structures
- Commercial activity
- Commercial vehicle & parking
- Lawn & landscaping maintenance
- Nuisance (Ex: disruptive & loud gatherings, behavior, etc.)
- Pet violations
- Tenant approval
WWPA Covenant Enforcement Team provides Associations with the following services:
- Aggressive pursuit of the recovery of attorney fees for our clients, if provided by law.
- Demand letters for curative action;
- Filing civil suits in state court to obtain declaratory & injunctive relief, and thorough representation throughout the litigation process;
- Filing petitions with the Florida Department of Business and Professional Regulation;
- Pre-arbitration demand letters for curative action (Condo only);
- Review of the Associations governing documents and facts of the case to determine the best avenues available to the Association in order to gain compliance;
- Statutory Offer to Participate in Pre-suit Mediation (HOA only);
At the Wonsetler & Webner, our attentive service allows us to build ongoing relationships with our clients. We want the community associations we serve to be successful, so we remain accessible to them, providing ongoing support as needs arise.
No two associations are the same, which is why we customize all of our legal services to the specific needs and concerns of that client. Our lawyers understand the demands put on associations, and work with them to find effective solutions that serve their best interests. Our customized approach to representing homeowners associations and condo associations allows us to provide the efficient, effective service they need to meet their goals.