Our Skilled Naples, FL Condo Lawyer Supports Homeowner Rights
Condos are one of the most popular types of homes in South Florida. Who doesn’t dream of their own winter condo overlooking the beach, especially “snowbirds” who want to leave the snow-shoveling to everyone up north? Many condominium owners have downsized from a single-family dwelling to living communally again. Others prefer the stress-free upkeep of a condo but prefer to live somewhere with other homeowners and enjoy common amenities. The Condominium Association present in most buildings is one of the best and worst things about condo living. However, if a dispute with its overly strict rules, failure in managing neighbor relations, or a challenge over what an individual condo owner wants to do with their home can’t be resolved within the condo association by-laws, then it may be time to talk to our experienced Naples, FL condo lawyer.
Our firm represents condominium owners. We know that a peaceful living environment benefits everyone in the building and ensures the community stays full of good neighbors. As skilled negotiators, we can resolve many common condo issues and disputes, although we help you take legal action if it’s more appropriate. Your interests are our interests, and you can learn more about how Perez Mayoral, P.A. can help you by booking a professional consultation.
Our Florida condo attorneys provide comprehensive representation, drawing on our deep knowledge of state and municipal laws regulating condo relationships to help you resolve:
- Compliance with legal paperwork and rules
- Contracts and business deals, especially for condos in development
- Managing sales of properties, both individual units and entire buildings
- Providing professional mediation and arbitration services to settle disputes out of court
- Initiating legal action to protect our client’s interests and rights
We represent you in all areas of condo law, from managing disputes to addressing maintenance agreements and contracts. We can help you draft new ownership agreements, purchase and sale contracts, and appeal decisions made by your condo association. While our attorneys strive to resolve disputes through alternative dispute resolution methods, like mediation and arbitration, we’re successful litigators prepared to take your claim to court to resolve it.
Do you need a condominium attorney? If you’re facing one of these common condominium disputes, then our lawyers can help you:
- Address unfair application of condo bylaws and rules
- Initiate an amendment to the condo bylaws
- Recoup monies lost from overcharging of dues, fines, and penalties
- Negotiate neighbor disputes, including failure of management to address community violations that create neighbor disputes.
- Secure approval for remodeling or renovation
- Stop community-disrupting renovations or those that bring down the value of shared properties
Our legal services don’t stop here. If you live in a condo with an HOA, or are interested in condominiums in Florida, our Naples condo lawyer can help. Contact Perez Mayoral, P.A., today for a consultation with our legal team.
As our Naples, FL condo lawyer knows, condo dues are meant to cover shared expenses and maintenance costs within the community, but sometimes condo boards overcharge owners. Overcharging can happen due to calculation errors, mismanagement of funds, or improper fee increases. Erik Perez is a respected authority in this field due to his experience and knowledge of HOA and condominium law. If you’ve been overcharged for your condo dues, a condo lawyer can help you recover the money and hold the board accountable for any improper practices. We are dedicated to advocating for our clients.
Identifying Overcharging In Condo Dues
Overcharging often starts with unclear or inconsistent billing. If your condo dues suddenly increase without a clear explanation, or if the charges don’t match the terms outlined in the governing documents, it could be a sign of overcharging. Condo boards are required to follow the guidelines established in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and other governing documents when setting and adjusting dues. If the board imposes new fees without proper notice or approval, it may be acting outside its authority.
Another common issue is the misuse of funds collected through condo dues. The board must apply dues toward shared expenses, such as maintenance, insurance, and community improvements. If the board diverts these funds for other purposes or fails to account for how the money is being used, homeowners have the right to challenge the charges and seek reimbursement.
Reviewing Condo Governing Documents And Financial Records
A Naples condo lawyer will start by reviewing the condo’s governing documents and financial records to determine whether the board followed proper procedures when setting dues. This includes examining the budget, meeting minutes, and any notices related to fee increases. If the board violated its own rules or failed to follow state laws, you may have grounds to challenge the overcharges.
Financial transparency is a key requirement for condo boards. Homeowners have the right to request financial records and understand how their dues are being used. If the board refuses to provide these records or fails to give a clear explanation for the charges, it may be a sign that something is wrong. A lawyer can help you secure access to these documents and determine whether the charges are justified.
Challenging Improper Fee Increases
Condo boards must follow specific procedures when increasing dues, including providing notice to homeowners and obtaining approval if required by the governing documents. If the board raises dues without following these steps or exceeds the limits set in the bylaws, the increase may be invalid. A condo lawyer can challenge the increase on your behalf and work to recover any overpayments.
Some boards try to justify higher fees by citing unexpected expenses or budget shortfalls. While some adjustments may be allowed, the board must still follow the proper process and apply the fees toward legitimate expenses. If the board cannot justify the increase or if the funds were misused, you may be entitled to reimbursement.
Recovering Overpayments Through Legal Action
If the board refuses to refund overcharged dues or continues to impose improper fees, legal action may be necessary. You may be wondering if you can sue. A condo lawyer can file a formal complaint or lawsuit to recover the overpayments and seek damages for any financial harm caused by the board’s actions. Courts can require the board to repay homeowners, adjust future dues, and improve financial oversight to prevent future issues.
Get Help With Condo Fee Disputes
If you’ve been overcharged for condo dues and the board refuses to cooperate, you don’t have to handle it alone. At Perez Mayoral, P.A., we have experience helping condo owners recover overpayments and hold condo boards accountable for improper charges. Erik Perez is a co-founder of our firm and is dedicated to each of his clients. Contact our Naples condo lawyer today to discuss your situation and learn how we can help you recover what you’re owed
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Perez Mayoral, P.A. combines the powerful and diversified services of a large law firm with the personal attention of a boutique practice. Get in touch with us for a consultation? Whatever your legal problem, we will be happy to discuss your options and provide you with the professional help you need.
