COMMITTED TO YOUR COMMUNITY
CORPORATE GUIDANCE YOU CAN COUNT ON
It's not easy running a corporation. Let us help. We pride ourselves on our commitment and experience in counseling condominium, cooperative, time shares and homeowners associations. Our goal is to assist your Board in resolving issues as quickly and efficiently as possible so as to minimize the costs to your community. We put our experience to work by counseling our clients in the full spectrum of legal issues facing community associations to ensure they are in compliance with their governing documents and Florida law, including:
- Impact of state and federal statutes
- Interpretation, amendment and enforcement of your governing documents
- Operational and corporate governance issues, including meetings and elections
- Budgetary and assessment issues
- Maintenance and repair issues to community and owner property
- Contract drafting, negotiation, and review
- Collection of delinquent assessments and lien foreclosure
- Collection of rent
- Covenant enforcement
- Covenant revitalization
- Architectural review guidelines and enforcement
- Board adopted rules and regulations
- Maintenance obligations
- Suspension of voting and use rights
- Americans with Disabilities Act and the Fair Housing Act issues
Amendments Tailored To Your Needs
Think of your community's governing documents as "the constitution" by which your community operates. These documents typically include the Declaration, the Articles of Incorporation, By-Laws, and Rules and Regulations to name a few. As the law and your community change over the years, your governing documents may need to change with them. Maybe your governing documents were recorded 15 or 20 years ago and contain provisions which are no longer relevant to the current operational needs of the association. Perhaps your board wants to regulate an activity but lacks the authority to do so in its governing documents. An amendment to one or all of the governing documents may be prove helpful. Blackbird can help.
Aggressive Covenant Enforcement
One of the hallmarks of community association living is the set of governing documents which owners are required to follow. Unfortunately, many owners violate these documents forcing the Board to take action. Whether the owner has failed to obtain the requisite approval for a property modification; has let his property fall into disrepair; or has otherwise violated a restriction, Blackbird can help. Our experience and know how enables us to provide sound legal opinions regarding the association's options in resolving the violation.
Assessments are the lifeblood of the association and your Board of Directors must remain diligent to ensure that owners do not become delinquent. However, despite your Board's best efforts members can fall behind in paying their assessments necessitating the need to take action. At Blackbird, we guide the association through all areas of collections ensuring compliance with your governing documents and Florida law. Blackbird understands that it is an extension of the Board and employs a professional and ethical approach when dealing with delinquent owners to quickly resolve the delinquency. From the initial demand letter all the way through filing the claim of lien and foreclosure lawsuit, Blackbird is here to guide your association through the process.
Proactive Mortgage Foreclosure Defense
Often an owner who has stopped paying assessments has also stopped paying his mortgage. As a result, your association may find itself involved in the owner's mortgage foreclosure lawsuit. Although the Florida Statutes allow your association to make ceratin claims against the bank for the past due amounts, such claims can only be made at the conclusion of the mortgage foreclosure case. At Blackbird, we take a proactive approach to defending your association against an owner's mortgage foreclosure. We attempt to push the mortgage foreclosure case to completion allowing the association to make its claim on the past due amounts sooner, rather than later.