Litigation

Condominium & HOA Litigation

We represent condominium and homeowners' associations in litigation involving:

• Covenant and rule enforcement

• Interpretation and enforcement of governing documents

• Disputes involving association contracts

• Easements, access rights, and common property

• Disputes between master associations and subassociations, including cost-sharing agreements, shared facilities, and allocation of expenses

• Challenges to board actions and association governance

• Construction defects and contractor disputes

• Claims arising from hurricane damage, water losses, and emergency mitigation or restoration work

 

Community association disputes often involve statutory procedures that differ from ordinary civil litigation. Our attorneys are familiar with the presuit mediation and arbitration requirements under Chapters 718 and 720, Florida Statutes, as well as the procedures governing election and recall disputes. We advise associations on the appropriate process and represent them in mediation, arbitration, and court proceedings.

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Our work advising associations on their day-to-day legal matters gives our litigation team an understanding of the statutory requirements and practical concerns that affect community associations.

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Construction Litigation

We represent contractors, subcontractors, associations, developers, and property owners in construction disputes, including breach of contract claims, construction defects, payment disputes, construction liens, and disagreements over the performance or completion of construction work.

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We also defend associations against disputed or excessive charges and claims arising from emergency dry-out, water mitigation, and disaster restoration services. These disputes often involve contracts, invoices, the scope of work performed, and claims for payment following hurricanes or other casualty events.

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Our attorneys understand both the legal and practical issues involved in construction disputes. Founding partner Christopher L. Pope's prior experience in construction management provides additional insight into construction practices, contracts, and project administration.

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Real Estate & Business Litigation

Our litigation practice also includes real estate and commercial disputes involving contracts, easements, property rights, and business relationships.

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Experienced Counsel. Practical Advice.

Litigation can be expensive and time-consuming. We work with clients to evaluate their legal position, the available options, and the likely costs of proceeding. When a dispute can be resolved through negotiation or mediation, we pursue that opportunity. When litigation is necessary, we represent our clients through the court process.

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Our litigation team is led by Justin B. Mazzara, working with attorney Luke L. Kane and the firm's other attorneys as appropriate to the matter.

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Contact our office to discuss your litigation matter.