Homeowners Association (HOA) Representation
We provide comprehensive legal counsel for Florida HOAs. Specializing in Chapter 720 compliance, covenant enforcement, and subdivision operational guidance.
Practical Guidance for Thriving Residential Subdivisions
Homeowners’ associations are the backbone of Florida’s residential landscape, but managing a subdivision requires a delicate balance of community harmony and strict statutory adherence. Attorney Dana Goldman provides general representation to homeowners’ associations, offering the seasoned perspective needed to interpret complex covenants and enforce community standards with authority.
Serving as a strategic partner to HOA boards in Aventura, Sunny Isles, and across South Florida, Dana ensures that your association navigates its day-to-day challenges effectively while remaining "Polished to Perfection".
Strategic Interpretation and Enforcement of Community Covenants
The strength of an HOA lies in its ability to enforce its standards fairly and consistently. We provide the legal framework to make that possible.
1. Expert Covenant Interpretation and Amendments
Governing documents are rarely written in plain English. We provide boards with:
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Airtight Interpretation: Providing formal legal opinions on the meaning of ambiguous covenants to ensure the board acts within its authority.
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Statutory Amendments: Drafting and recording amendments to your DCCRs and Bylaws to ensure they align with recent Florida reforms regarding fines, liens, and structural maintenance.
2. Uniform Enforcement Matters and Dispute Resolution
Enforcement is often where associations face the most risk. We help you mitigate that risk through:
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Targeted Enforcement Actions: Drafting demand letters and "Notice of Violation" documents that comply with the strict due process requirements of Chapter 720.
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Selective Enforcement Audits: Reviewing your board’s history of rule application to prevent owners from using "waiver" or "estoppel" defenses against your community standards.
Day-to-Day Operational Support and Maintenance Compliance
Managing the physical and administrative health of a subdivision is a full-time responsibility. We provide the operational safety net boards need.
1. Maintenance and Repair Responsibilities
Disputes over who is responsible for a repair—the owner or the association—are a leading cause of friction. We provide:
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Responsibility Matrices: Drafting clear charts that delineate exactly where the association’s maintenance duties end and the owner’s begin.
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Vendor Contract Oversight: Reviewing and negotiating contracts for common area landscaping, lake management, and infrastructure repair to ensure the association’s budget is protected.
2. Practical Guidance for Board Governance
We offer board members the Practical Guidance mentioned in our core philosophy, helping you navigate:
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Meeting Procedures: Ensuring that board and member meetings are noticed and conducted in strict accordance with the HOA Act.
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Officer & Director Liability: Advising on best practices for board votes and expenditures to insulate individual directors from personal liability.
HOA Representation
Frequently Asked Questions
Under recent Florida reforms, HOAs have limited power to restrict certain types of speech or displays, such as flags. However, we can help you draft reasonable time, place, and manner restrictions that maintain community aesthetics without violating state law.
Yes. Bank statements are considered part of the Official Records of the association. Under Chapter 720, these must be made available for inspection within 10 business days of a written request.
Generally, a fine may not exceed $100 per violation, and a fine for a continuing violation may not exceed $1,000 in the aggregate unless your governing documents specifically state otherwise. We ensure your fining committee follows the mandatory 14-day notice requirement to make these fines enforceable.