Covenants and Governing Documents
We draft and advise on DCCRs, declarations of condominium, and association bylaws.
Building the Legal Foundation for Enforceable Community Standards
In Florida's complex regulatory environment, governing documents are the Private Constitution of a community. If these documents are outdated or poorly drafted, they become liabilities. Attorney Dana Goldman specializes in creating clear, enforceable, and future-proof governing documents that protect property values and streamline community operations.
Serving the high-end markets of Aventura, Sunny Isles Beach, Miami-Dade County and beyond, Dana provides the meticulous drafting necessary for project success and long-term governance.
Custom Drafting of HOA and Condominium Governing Documents
We don't use templates. We build bespoke legal frameworks tailored to the specific needs of each residential subdivision or high-rise project.
1. Professional Drafting of DCCRs (Covenants, Conditions, and Restrictions)
The Declaration of Covenants, Conditions, and Restrictions (DCCRs) is the most critical document for any planned development. We ensure your DCCRs are strategically optimized for:
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Architectural Control: Setting clear standards for community aesthetics to preserve luxury appeal.
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Land Use Restrictions: Defining how property can be used to prevent future conflicts between neighbors or commercial interests.
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Equitable Servitudes: Ensuring all restrictions "run with the land" and remain enforceable against all future owners.
2. Comprehensive Declaration of Condominium Preparation
For condominium projects, the Declaration of Condominium is the foundational document of creation. Our drafting services focus on:
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Boundary Precision: Clearly defining units vs. common elements to mitigate maintenance disputes.
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Assessment Frameworks: Establishing robust formulas for sharing common expenses and funding mandatory reserves under 2026 SIRS mandates.
3. Integrating "Kaufman Language" for Automatic Statutory Updates
One of the most common legal failures in Florida associations is the absence of "Kaufman Language"—the specific phrase "as amended from time to time.".
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The "Auto-Update" Feature: Without this language, your community may be "frozen in time," unable to take advantage of new statutory powers (like the 2024–2026 "Super Lien" status or structural reserve updates).
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Legislative Mandates: Under recent 2026 reforms (HB 657), new associations are now required to include this language to ensure they evolve alongside Florida law.
Strategic Amendments for Modern Florida Associations
As Florida’s legislative landscape shifts, your bylaws must adapt. We assist boards in amending association bylaws to reflect modern operational realities.
1. Modernizing Voting & Digital Governance Protocols
We draft amendments that authorize your community to move into the 21st century:
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Electronic Ballot Procedures: Establishing the legal framework for secure email ballots and online voting to reach a quorum more effectively.
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Virtual Meeting Codification: Updating bylaws to specify how notice is given and how "official records" are maintained for meetings held via video conference.
2. Airtight Architectural Review (ARC) & Written Disclosures
Recent 2024 and 2026 reforms have stripped associations of the power to issue vague denials. We draft ARC protocols that require:
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Rule-Specific Denials: Ensuring that every denial of a modification request cites the exact covenant or rule relied upon, preventing selective enforcement lawsuits.
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Prohibited Restrictions: We audit your documents to remove illegal bans on items like vegetable gardens, clotheslines, or holiday decorations that no longer comply with the HOA Act.
The Hierarchy of Florida Community Association Authority
Understanding how your documents interact with Florida law is essential for enforcement.
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Florida Statutes (Chapters 718 & 720): These always supersede community documents.
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The Declaration: The "Supreme Law" of the association.
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Articles of Incorporation: Establishes the association as a legal entity.
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Bylaws: The internal "Operating Manual" for the board.
Condominium Governing Documents
Frequently Asked Questions
Generally, yes for Rules and Regulations affecting common areas. However, fundamental changes to the Declaration or Bylaws typically require a specific membership vote as outlined in your current documents.
A restriction may be unenforceable if it is found to be arbitrary, violates the Fair Housing Act, or has been selectively enforced in the past. We review your history to ensure your current enforcement actions stand up in court.
We recommend a Legal Compliance Audit every 3–5 years. With the massive legislative changes in 2024–2026 regarding structural reserves and digital transparency, most Florida documents are currently in need of updates.
Think of DCCRs as the "What" (what you can/cannot do on your property) and Bylaws as the "How" (how the board runs meetings, collects money, and holds elections).