CONDOMINIUM LAW AND HOMEOWNERS ASSOCIATION LAW

The Boards and managing agents of homeowners, condo associations or cooperatives have the often thankless task of enforcing a large number of rules for the community. The upkeep and maintenance of the common areas and units or homes in the development helps maintain property values, but can be difficult to enforce at times. Just one uncooperative owner can detract from the overall appearance of the development and substantially lower property values. In this situation, New York condominium or homeowners associations should contact a firm like Fiore Law Firm, P.C. familiar with enforcement of  homeowners’ association and condominium law. Operation of a condo association or homeowners association often requires assistance in implementing an effective collections policy, and we have a proven track record in this area.
The governing documents of these associations and other statutory requirements contain specific requirements for condominiums and homeowners’ associations. Fiore Law Firm, P.C. offers advice and assistance to boards and managing agents on all matters relating to Condominium Law, Homeowners’ Association Law and Cooperative Law, including the following issues:

  • Open vs. closed meetings
  • Preparation, approval, and availability of minutes of Board meetings
  • Member participation in Board meetings
  • Director conduct, such as policies for ethical duties, conflicts of interest and confidentiality
  • General advice and assistance relating to member voting and meetings
  • Preparation of rules and regulations
  • Implementing an enforceable fine schedule
  • Drafting of architectural guidelines that comply with Florida law
  • Advice on affording proper notice and hearing of meetings to directors and owners
  • Interpretation, amendment and enforcement of the governing documents, such as Declaration of Condominium, Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation, Bylaws of the Association, Proprietary Leases and the rules and regulations
  • Answering day-to-day questions regarding operational, technical, regulatory, and practical issues
  • Assisting the Board of Directors on fiscal matters, such as budgeting, levying special assessments, and establishing reserves
  • Addressing maintenance and repair issues and distinguishing between those projects which require Board approval and those which require unit owner approval
  • Drafting and reviewing contracts for the management, maintenance, repair and operation of the community
  • Assisting in planning and developing contracts for construction projects and complying with construction lien laws
  • Reviewing loan documents and structuring commercial lines of credit and/or arranging sources of financing
  • Collecting assessments and fines through litigation
  • Enforcing rules through litigation

Owners understand the value of maintaining their unit or home, but may not agree with the decisions made by the homeowners or condominium associations. You might wonder if your association is allowed to implement certain restrictions or levy large assessments. For instance, you might not be clear as to whether they can restrict the type of windows that you want to use, or whether they can prevent you from displaying certain items. If your association threatens you with legal action, you should contact our firm. At Fiore Law Firm, P.C. you will learn your rights and options as an owner from an experienced condominium law attorney.