Serving on the board of directors of a community association, whether it is a condominium or homeowners association or a co-op, comes with a lot of responsibility. Part of being a successful leader is identifying potentially problematic situations and knowing when to ask for professional help.
Jed Frankel, a partner with Eisinger Law, identifies the 10 situations for when an association should call its attorney for legal guidance.
1. Considering a new contract or contract modification, including vendor and service provider agreements, before the association signs.
2. Responding to a lawsuit or other legal proceedings, such as responding to a court subpoena, DBPR administrative actions, code violations, or board recall petition.
3. Collecting past due assessments from delinquent unit owners to maximize recovery and ensure compliance with state and federal law.
4. Reviewing insurance policies before they are purchased, as well as insurance claims before they are filed.
5. Drafting amendments to the association’s constituent documents, including declarations, covenants and by-laws.
6. Considering new rules or policies and procedures, before they are implemented.
7. Beginning community enhancement projects, which could be material alterations of common elements and areas.
8. Considering denying approval of a new resident or owner prior to communication of said denial.
9. Terminating the employment of any association employee.
10. Purchasing or selling association property.
Jed Frankel is a partner with Eisinger Law He is Board Certified in both Condominium and Planned Development Law and Civil Trial Law by The Florida Bar and is a Florida Certified Circuit Mediator. He focuses his practice on community association and dispute resolution. He can be reached at jfrankel@eisingerlaw.com or 954-894-8000 x301. For more info visit eisingerlaw.com.
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