Condominium Association Matters
Counseling associations on statutory obligations under Florida law and day-to-day operational issues.
Navigating the Complexities of Chapter 718 with Precision and Authority
Condominium associations in Florida now operate within the most rigorous legal framework in the state's history. Between the 2026 website mandates and expanded fiduciary liabilities, board members require more than just a legal representative, they need a trusted source of information and a tactical advisor.
Attorney Dana Goldman provides comprehensive counsel to condominium associations on governance, statutory obligations, and the day-to-day operational issues that define modern community living. Serving as the lead counsel for communities in Aventura, Sunny Isles Beach, and Bal Harbour, she ensures every board action is Polished to Perfection and legally sound.
Navigating the Statutory Minefield of Chapter 718
Compliance is not a one-time event; it is a continuous operational requirement. We serve as the "General Counsel" for boards, ensuring that the association's legal posture is always proactive.
1. Fiduciary Audits and Board Liability Protection
With the expansion of state oversight, "good intentions" are no longer a defense. We provide:
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Conflicts of Interest Management: Drafting robust disclosure protocols for contracts involving board members or their relatives, ensuring all "interested parties" are documented according to Florida law.
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Debit Card & Financial Controls: Implementing the absolute prohibition on association debit cards and establishing triple-check protocols for large capital expenditures to prevent allegations of commingling or embezzlement.
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Education Compliance: Verifying that every director has met the mandatory certification deadlines to prevent automatic suspension from the board.
2. Strategic Operational Governance and Vendor Management
Associations are essentially multi-million dollar corporations. We provide the corporate-level oversight needed for their most critical assets.
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Meticulous Contract Review: We don't just "read" vendor agreements; we re-write them. From property management to elevator maintenance, we ensure termination-for-cause clauses, insurance indemnification, and performance bonds are in place.
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Permit and Compliance Mastery: Assisting boards through the administrative labyrinth of municipal building departments, especially during structural retrofitting or major restoration projects.
Conflict Mitigation and Statutory Dispute Resolution
Litigation is the failure of governance. Our goal is to resolve disputes through technical precision before they reach the courtroom.
1. Uniform Covenant Enforcement & Anti-Selective Enforcement Protocols
Nothing triggers a lawsuit faster than "Selective Enforcement." We help boards establish:
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Objective Enforcement Frameworks: Creating clear, written criteria for fining and suspension that can withstand judicial scrutiny.
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Uniform Application: Auditing past enforcement actions to ensure the board is not vulnerable to waiver or estoppel defenses from non-compliant owners.
2. Mandated Mediation and Election Oversight
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Election Integrity: Managing the complex two-envelope voting system and ensuring that recall attempts or contested elections are handled with strict adherence to the Florida Administrative Code.
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Alternative Dispute Resolution (ADR): Representing the association in mandatory non-binding arbitration or mediation for records access disputes or pet/parking conflicts.
Condominium Association Matters
Frequently Asked Questions
Caution is required. Surplus funds are generally intended to reduce future assessments or fund reserves. Using common expenses for social events without explicit authority in the governing documents can lead to "breach of fiduciary duty" claims.
Under the current statute, an association that fails to provide access to records within 10 business days is subject to statutory damages of $50 per day, up to a maximum of 10 days ($500). However, willful withholding now carries much steeper penalties, including potential DBPR intervention.
No. Boards have Business Judgment authority. You can choose a more expensive bid if you can demonstrate it offers better value, higher quality materials, or a superior warranty. We help you document this decision-making process to protect the board from owner challenges.