It is crucial to retain representation from a lawyer experienced in condominium association law. Norman J. Lerum, P.C., represents homeowners within condominium associations whose rights have been compromised due to wrongful conduct on the part of management companies and condominium boards.
Condominium Associations and Homeowner’s Associations in Florida have big Law Firms on retainer using the money you pay as Association Dues.
According to Section 718.1255 of the Florida Condominium Act, many Condo Disputes in Florida are required to go to Arbitration before the DBPR as an alternative dispute resolution method before resorting to a lawsuit in the Courts. The Florida Administrative Code sets fort many of the procedural rules that apply to these Arbitration proceedings.
Spanish Court Two Condominium Association , Circuit Court of Lake County, Illinois, Case No. 10 AR 2723, Mr. Lerum achieved a $208,000 judgment in favor of the condominium unit owner against the condominium association and the president of the association, who was found guilty of malicious conduct and breach of fiduciary duty.
One of the many things that make homeowners’ association disputes so challenging is that each HOA community is different. They all have their own set of bylaws and rules that govern the community and the relationship between the HOA and the individual homeowners.
These specific laws are designed to ensure fairness between HOAs and the residents who pay regular assessments.
An association attorney, similarly, represents the association. The board owners elect to represent them, and the board, representing the collective interests ...
When owners ask him for legal advice, Pease doesn’t advise them to hire an attorney to represent them . “I don’t want to encourage litigation,” he notes. But he does suggest that they attend meetings, ...
The former condo owners filed a claim to recover their attorney’s fees. The Circuit court denied their claim, on the grounds that the owners had already sold their property. But the Appellate court reversed the denial and remanded the case to the lower court to award reasonable attorney fees.
In 2011, David Merritt, a former HOA board member, and his wife, Salma, sued their Sunnyvale HOA, Classics at Fair Oaks (Classics), as well as three of its board members, Chetak Gandhi, Wayne Brown, and Ying-Chi Lee.
The lower and appellate courts both ruled in favor of the Association, citing Merritt as a vexatious litigant. Because the HOA prevailed on this long-running lawsuit, the Merritts were ultimately ordered to pay $220,000 to the HOA for its reasonable attorney’s fees.
While the matter was still pending in court, the owners sold their condo and moved out. The HOA’s suit was dismissed a year later for lack of prosecution.
The HOA also agrees to amend its CC&Rs to allow display of religious objects on the door post or door frame. In July 2019, Governor Newsom signed new legislation, SB 652, which requires HOAs to allow display of small religious objects, such as mezuzahs, on the door frame or door post. Source:
The HOA fined Ferguson, who eventually owed more than $137,000 to the condo association. When Channel View East filed for foreclosure, Ferguson argued that he had no obligation to pay fines and fees, since the condo board was invalidly held over by the developer, who never held an election per the bylaws.
(Apparently, the Merritts did not file a Fair Housing claim against the HOA.