Community Association Litigation Practice SnapshotTitle Agent Liability Practice Snapshot

Mark H. Heinish, Attorney

Condominium and Homeowners’ AssociationLitigation: A decade of experience representingcondominium and homeowners’ associations, as wellas cooperative associations, commercialcondominiums, and condominium-hotels, in all aspectsof litigation. Represent and advise condominium andhomeowners’ associations concerning critical practiceissues, including litigation and appeals, concerning:• Analysis and interpretation of covenants and

restrictions; • Assist various Boards and committees on fiscal

matters, including budgets, reserves and assessments. • Collection of assessments and foreclosure; • Covenant enforcement and violations; • Covenant revitalization and revival under

Marketable. Record Titles to Real Property Act;

• Construction defects and other issues involving developer turnover; and unit owner-controlled Association develop issues.

• Casualty claims, including hurricane damage claims;

• Legislative and statutory updates; • Disputes with vendors.

Condominium and Homeowners’ AssociationLiability Defense: Represent and advise condominiumand homeowners’ associations regarding liabilitymatters involving:• Defense of claims by association members for

damage to condominium units for failure to maintain common elements;

• Defense of claims by guests or invitees for failure to maintain common elements or common areas;

• Defense of claims by association members for breach of fiduciary duty, related to accounting including failure to fund reserves, failure to prepare budgets or provide audits, failure to approve purchase or lease, and selective enforcement;

• Defense of claims against Board of Directors related to hurricane and other property damage claims distinguishing ordinary report and storm related damage.

• Defense of claims for breach of contract; • Defense of claims for defamation, libel, and slander; in

connection with communicates circulated to association members.

• Defense of claims by association members for failure to provide access to official records of association;

• Defense of board of director recall claims or other board of director disputes;

• Defense of attacks on Chapter 718 (Condominium Act) and Chapter 720 (Homeowners’ Association Act) as unconstitutional.

Community Association Manager Liability Defense:Represent and advise community association managersconcerning:• Defense of claims for breach of fiduciary duty; and

interpretation of professional services arising out of management contracts;

• Defense of claims of accounting discrepancies and use of reserve funds for community purposes.

• Defenses of Fair Debt Collection Practices Act Claims, arising out of manager collection practices against Managers, Accountants and Lawyers.

Shendell & Pollock, P.L.One Park Place621 N.W. 53rd Street, Suite 310Boca Raton, FL 33487561-241-2323561-241-2330 faxwww.shendellpollock.com

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