Cuevas, Ortiz & Cubas, P.A. - Attorneys At Law

CONDOMINIUM ASSOCIATION LAW AND HOMEOWNER ASSOCIATION LAW

Cuevas, Ortiz & Cubas, P.A. has been very active for over 15 years in the area of Condominium Law and Homeowner Association Law, representing clients throughout Miami-Dade and Broward counties.

The size of a Condominium Association or Homeowner Association is not a problem for our attorneys as we feel that big and small associations deserve competent legal representation. Our experienced attorneys and support staff, as well as our updated computer systems allow us to represent all sizes of associations. We have many cost saving methods for legal representation, specially in collecting maintenance areas, that are very attractive to our Condominium Association and Homeowner Association clients.

We handle all areas of condominium law and homeowner association law, and have developed a very efficient and informative online system which allows our condominium association and homeowner association clients to log in and see where our attorneys are with their maintenance collection procedures and foreclosure actions.

Our attorneys also have extensive experience in contract law, dispute resolution, covenant enforcement, lien enforcement for maintenance collection, turnover negotiations, and other disciplines related to condominium association and homeowner association law.

Newsletter

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Cuevas, Ortiz & Cubas, P.A. provides a monthly newsletter to all who are interested in receiving it, wich provides updates on the latest events in our communities and changes in the law which affect Condominum and Homeowner Associations. The newsletter is very useful for Boards of Directors, Property Managers and Homeowners, and it is not a requirement to be a client of our firm to receive the newsletter. You merely have to sign up to begin receiving it via e-mail. The legal arena of Condominium Law and Homeowner Association Law is constantly changing and our attorneys keep up to date on such changes.

The laws passed or being considered by the Florida State legislature affect all of us on a daily basis, and recent court decisions, which at times are surprising, assist in knowing what is allowable and beneficial for condominium and homeowner associations. Our goal is to keep you informed and interested in the latest events in condominium association law and homeowner association law, without being boring or overly technical.

Collection Procedures

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In an effort to assist our Condominium and Homeowner Association clients in collecting funds while not negatively impacting their cash flow, we defer our legal fees and front most collection related costs. We do not charge up front but instead collect our legal fees and costs, as well as association maintenance fees in arrears, directly from the unit owners. We also defer our fees for defending associations in bank foreclosure cases. The Condominium Association or Homeowner Association will not be billed for our work related to maintenance collection, with certain limited exceptions.

When required to go to litigation (foreclosure), the Law Firm will request a cost deposit from the Condominium or Homeowner Association for the court filing fees and service of process costs, and then at the end of the procedure, seek reimbursement from the unit owner. The cost deposit will not be used for legal fees. Our goal is obviously to expedite the collection procedure because Cuevas, Ortiz & Cubas, P.A. does not get compensated until the unit owner pays.

Therefore we are very aggressive with collections, which is beneficial to our Condominium and Homeowner Association clients. By following this procedure, we have been able to assist our clients in substantially decreasing their account receivables. We also provide online access to the status of all cases, through our law firm website, so that our Condominium and Homeowner Association clients can see where we are with their matters. The online status report is available solely to Boards of Directors and Property Managers. The online system is real time, i.e., it is not a report that is uploaded periodically. The online system reflects the work performed on the collection case as the work occurs.

Furthermore, in the event that a unit owner files for bankruptcy protection and obtains a discharge of debts or a first mortgage holder successfully forecloses on the property, we will not send a bill to the Association but instead seek payment from the lending institution or any new owner, if possible.

Continuing Education and Seminars

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Andrew Cuevas, Esq. and Cuevas, Ortiz & Cubas, P.A. are approved by the Department of Business and Professional Regulation (DBPR) to provide continuing education courses to Licensed Community Association Managers (C.A.M.) for the purposes of meeting licensing requirements of the DBPR. Our courses provide up to date information on the most recent laws, court cases, and arbitration cases as they affect community associations and their members. Our seminars are also very useful for members of the Board of Directors so that those interested can learn more about their responsibilities and obligations.

We hold our seminars at our offices on a periodic basis, and are free to all who attend. Please feel free to contact us by either calling our offices or sending an e-mail to cl@cuevaslaw.com to find out when our next seminar will be held.

Turnover of Association Control

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The transfer of control of the Association from the Developer to the Unit Owners is an important time for the Association. It is at this time that the Association must investigate the status of all accounting, legal, and structural issues that can affect the Association. Recent changes in the Florida Condominium Act also impose further obligations on the Developers and it is important that the Condominium Association or Homeowner Association be aware of their rights. The concept of Transfer of Control, also known as "Turnover", has many pitfalls that must be considered by seasoned professionals. Our law firm has extensive experience in turnover negotiations, investigation, document preparation, and litigation. We also work with many experienced accountants and engineers who are intimately familiar with all issues related to Association Turnover.

Even though the Condominium Act (Chapter 718, Florida Statutes) details the documents needed, there is no substitute for experience when it comes to Turnover of Association Control. Our goal is to assist the Board of Directors as well as the Property Managers with the necessary steps for the benefit of all of the owners in the Condominium Association or Homeowner Association.

Document Interpretation

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Understanding the tremendous responsibilities faced by the Board of Directors and Property Managers of our association clients, our attorneys provide legal advice as to the authority granted to the Associations pursuant to their governing documents as well as statutory and administrative laws. Our goal is to have our attorneys assist our Boards and Property Managers in making correct decisions for the benefit of their communities.

Furthermore, when requested by our clients, our attorneys provide recommendations as to potential amendments to governing documents which will assist in the improvement of living conditions at the condominium or homeowner association properties. This includes making modifications or amendments to the declaration of condominium, bylaws, rules and regulations, and in the case of homeowner associations, to the declaration of covenants and restrictions.

Annual Meetings

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The Annual Meeting is possibly the most important meeting for the Condominium Association. The purpose of the typical annual membership meeting is for the election of board members, to receive the reports from the outgoing officers and directors as to the state of affairs of the Association, and, if applicable, approve or reconsider a budget, waive or fund reserves, approve amendments to the condominium documents, and possibly waive certain financial reporting requirements.

The attorneys at Cuevas, Ortiz & Cubas, P.A. work with our clients, through their Board of Directors and/or their Property Manager, to ensure that the Annual Meeting functions smoothly. Our attorneys can provide services related to the preparation and mailing of all statutorily required notices, ballots, proxies and other documents. We can also have one of our attorneys attend your annual meeting to oversee the procedures for the counting of ballots and other issues that are voted on during the Annual Meeting.

Bureau of Condominium

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The Department of Business and Professional Regulation, and in most cases the sub-unit called the Division of Florida Condominiums, Timeshares, and Mobile Homes, has primary responsibility for enforcing the provisions of the Condominium and Cooperative Acts that relate to the development, construction, initial sale or lease, ownership, operation, and management of residential condominiums and cooperatives. Included in its broad powers of overseeing the establishment and functions of condominiums and cooperatives, are mandated arbitration and mediation provisions. Our attorneys offers services to our clients in managing these regulatory requirements in an effort to enforce the rules and restrictions provided in our clients Condominium Association Declaration of Condominium or Homeowner Association Declaration of Covenants and Restrictions.

General Representation

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There are many other areas of Condominium Association Law and Homeowner Association Law which are not discussed in this website for which Cuevas, Ortiz & Cubas, P.A. has extensive experience. We provide continuous consultation to our clients as to the interpretation of the documents that control their association, contract formation and enforcement with third party service providers. Formal legal opinions are provided to our clients when requested. We also counsel Board Members as to their obligations and responsibilities, as well as assist them in making legal decisions.

PRACTICE AREAS

CONDOMINIUM ASSOCIATION LAW AND HOMEOWNER ASSOCIATION LAW