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Broward Association Litigation
More than 42 million Americans live in areas controlled by associations, condominium, homeowner or cooperative. [1] Despite this, neighborhoods, communities, and other areas governed by associations are in a unique legal sphere that can be difficult for the average homeowner to understand. Association declarations, by-laws, and articles of incorporation, establish sets of rules and regulations the average homeowner either may be completely unaware of or may not fully comprehend. Unit owners have liabilities and responsibilities beyond simply paying assessments. Furthermore, the association has obligations to the unit owners, which give rise to certain rights of the unit owners to
enforce against the association or their neighbors. For individuals or associations who are confronted with injuries, grievances or breaches of association rules in Broward County or elsewhere, general association attorneys are essential to resolving disputes effectively.
What is Association Litigation?
Association law (including association litigation) is defined as the field of legal matters surrounding actions related to the operation of an association whether condominium, homeowner or cooperative, including the enforcement of declaration guidelines or rules and dealing with claims resulting from injuries sustained on any of the properties governed by an association. The majority of association litigation cases involve claims surrounding a breach of the association declaration. These breaches include late or non-payment of association assessments, unit owner's actions that create a nuisance to others in the community, or a failure of the homeowner to maintain their property according to the declaration. For homeowners and associations facing such breaches in Broward County, including the cities of Coral Springs, Hollywood, Pembroke Pines and Fort Lauderdale, general association lawyers understand the very unique circumstances of an association law. Edward F. Holodak, P.A. understands the issues and has the knowledge to represent the interests of individual homeowners as well as associations. Having knowledge and experience from both sides of a case can work to your advantage.
Litigation and Mediation
Association litigation is a fairly common process, and claims are most often filed because of misinterpretations or misunderstanding of an association declaration. Homeowners living in an area governed by an association must educate themselves and be aware that declarations may make the homeowner vulnerable to lawsuits due to specific rules and regulations.
Florida statutes define the rights and responsibilities of both associations and their members. In the case of some disputes, presuit arbitration or mediation is required. Presuit arbitration is an alternative to a full-blown lawsuit, and enables opponents to come to a resolution without involving the courts and related costs. If the dispute cannot be solved in this way, arbitration or mediation can help to define specific issues more clearly, so that when court does become a reality, a faster resolution may be possible.
Edward F. Holodak, P.A. represents association litigation clients in Broward County and its major cities and areas, including Coral Springs, Hollywood, Pembroke Pines and Fort Lauderdale.