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Practice Areas

Condominium/Club/Homeowner Litigation

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In no other state are homeowners associations and condominium associations more prevalent than in the State of Florida.  This is especially true in Southwest Florida.  The attorneys at Woods, Weidenmiller, Michetti & Rudnick, LLP are experienced in handling disputes, problems, and lawsuits involving southwest Florida Homeowner's Associations and Condominium Owner’s Association ("HOAs").   The firm has a multi-level perspective of having represented both homeowners in disputes with HOAs,  and HOAs as their corporate counsel and lead litigator. This multi-level experience gives our firm a unique perspective in representing clients in the context of HOA disputes.

Homeowner's Associations, particularly in Florida, are very powerful.  In some developments they function almost as a quasi-government. Sometimes this is a positive as when HOAs enforce reasonable building and aesthetic standards, and function to keep the neighborhood well-maintained. But sometimes problems arise. Sometimes a "faction" will get elected to an HOA board with a hidden agenda that involves unfair treatment to some homeowners, or which favors some homeowners over others. Sometimes an HOA refuses to protect views or other property interests that the CC&Rs and governing documents specifically require it to protect. For most families their home and property is their most valuable asset. An  improperly-run HOA can seriously undermine the value of your investment.

Some HOAs, led by activist Boards of Directors, deliberately embroil homeowners in lawsuits. While the HOA can draw on considerable resources to pay its legal bills, lawsuits with HOAs can be a serious financial burden for a homeowner. Our litigation team can provide cost-effective and aggressive representation to homeowners who are faced with a lawsuit against an HOA. We have repeatedly achieved successful outcomes for our clients in lawsuits involving HOAs. In some circumstances the HOA can be compelled to reimburse your legal fees.

The Firm also represents HOAs when they seek litigation counsel. Many law firms which act as advisors to HOAs are not primarily litigation attorneys. The attorneys at Woods, Weidenmiller, Michetti & Rudnick, LLP have experience acting as outside litigation counsel for HOAs and other organizations.

We have provided representation in various disputes:

  • Turnover Disputes
  • Fraudulent Handling of Association Funds and Accounts
  • Breach of Declarations and Covenants
  • Faulty Construction of High-Rise Condominium and Residences
  • Breach of Fiduciary Duty by Board Members
  • Disputes with Community Development Districts

 

 

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