Questions boards and owners ask us most.
If you don't see your question here, call us at
(904) 278-2338 — we're glad to help.
What is a "management company," what do they do, and how do I reach them?
A management company is contracted by the Board of Directors to provide services such as: collection of assessments, supervision of subcontractors, obtaining bids for subcontracted services, providing financial statements and collection reports, and acting as a general clearing house for problem solving and communications between homeowners and the board — and to serve in an advisory capacity. The management company reports directly to the board, and all decisions are made by a majority vote of the Board of Directors.
Will my assessment go up?
There is no concrete answer. The Board of Directors may approve an increased budget, raising your assessment in order to cover increased costs of operating and maintaining the common area and to maintain sufficient reserve funds.
What is my assessment?
The assessment is the periodic amount due from each homeowner to cover the operating expenses of the common area and to provide reserve funds for replacement of common facilities in future years. Assessments are due on the first of the month.
Are board meetings open to all residents? If so, where and when are they held?
Yes. Notice of the time and place of any regular board meeting will be posted at least 48 hours prior to the meeting date.
Are there any other rules?
Most associations have Rules and Regulations as provided for in the CC&Rs and adopted by the board, covering common courtesies around parking, vehicles, pets, pool hours, and the like. Associations also adopt Architectural Guidelines with procedures for submitting requests to make exterior changes — patio covers, decks, landscaping, color changes, and similar. These guidelines protect the community's aesthetic value and the market value of your investment. Violations may result in board action and a fine, and unapproved exterior changes may need to be removed or corrected.
What is the Board of Directors?
The homeowners association is a corporation and therefore has a governing body required to oversee its business. The Board of Directors is elected by the homeowners (or as otherwise specified in the bylaws). The powers, limitations and restrictions of the board are outlined in the association's governing documents.
What are the bylaws?
The bylaws are the guidelines for operating the not-for-profit corporation. They define the duties of the board offices, the terms of directors, the membership's voting rights, required meetings and notices, the principal office of the association, and other items necessary to run the association as a business.
What are the CC&Rs?
The Covenants, Conditions and Restrictions (CC&Rs) are the governing legal documents that set the guidelines for operating the planned community as a non-profit corporation. They are recorded in the county where the property is located and are included in your property's title. Failure to abide by the CC&Rs may result in a fine. Governing documents may be viewed online via the county or association website.
What is a homeowners association?
It is a non-profit corporation registered with the state and managed by a duly elected Board of Directors. Its purpose is to maintain all common areas and to govern the community in accordance with the legal documents: CC&Rs, bylaws and articles of incorporation. The corporation is financially supported by all members; membership is both automatic and mandatory.
What happens if I don't pay my assessment?
The maintenance and management services the association provides depend on timely receipt of assessments from each homeowner. Late payments result in a late charge, since assessments are due on the first of the month. The CC&Rs also allow the association to charge late fees and interest and to proceed with a lien — or a foreclosure proceeding — for nonpayment of assessments.
Still have a question?
We’re happy to answer your questions and help you navigate your community management needs.
Disputes, Enforcement & DBPR
How can disputes between a unit owner and the association be resolved?
How can disputes between a unit owner and the association be resolved?
Most associations encourage informal resolution first — direct communication with the manager or board. From there, Florida statute provides for mandatory pre-suit mediation (HOAs) or non-binding arbitration through the DBPR (condominiums) before litigation can move forward.
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Smart In Your World
Our attorneys know that being Smart isn't just about having great legal skills. It means knowing your business, your industry, and your goals.
Learn More →Smart In Your World
Smart In Your World
Our attorneys know that being Smart isn't just about having great legal skills. It means knowing your business, your industry, and your goals.
Learn More →Smart In Your World
Smart In Your World
Our attorneys know that being Smart isn't just about having great legal skills. It means knowing your business, your industry, and your goals.
Learn More →Smart In Your World
Smart In Your World
Our attorneys know that being Smart isn't just about having great legal skills. It means knowing your business, your industry, and your goals.
Learn More →Licensing & Continuing Education
Smart In Your World
Smart In Your World
Our attorneys know that being Smart isn't just about having great legal skills. It means knowing your business, your industry, and your goals.
Learn More →Smart In Your World
Smart In Your World
Our attorneys know that being Smart isn't just about having great legal skills. It means knowing your business, your industry, and your goals.
Learn More →Smart In Your World
Smart In Your World
Our attorneys know that being Smart isn't just about having great legal skills. It means knowing your business, your industry, and your goals.
Learn More →Developer Control & Regulatory Landscape
How long can a developer control an association?
How long can a developer control an association?
Florida statute caps developer control through a turnover process tied to milestones such as the percentage of units sold. For condominiums, control typically transitions when 75% of units have been conveyed, or earlier under several other statutory triggers. HOAs follow a parallel but distinct turnover framework.
Learn More →Smart In Your World
Smart In Your World
Our attorneys know that being Smart isn't just about having great legal skills. It means knowing your business, your industry, and your goals.
Learn More →