Question 1

What's the practical difference between Alabama and Florida community-association law?

Accepted Answer

Florida is heavily regulated under Chapters 718, 719, and 720, with DBPR enforcement and frequent legislative updates (HB 1021, HB 913). Alabama is light-touch under the Uniform Condominium Act and HOA Act — disputes move through documents and courts, not a regulatory agency. Alabama relies on drafting; Florida on procedural compliance.

Question 2

How do we collect from a delinquent owner?

Accepted Answer

Notice and demand, then late fees and interest, then an assessment lien under the relevant statute (Ala. Code § 35-8A-316 for condos, § 35-20-12 for HOAs; Fla. Stat. § 718.116 and § 720.3085), then judicial foreclosure if unpaid. First-mortgage safe-harbor provisions affect recovery. Most resolve before foreclosure.

Question 3

When do we need to amend the declaration versus just adopt a rule?

Accepted Answer

Substantive use restrictions — what an owner can build, plant, paint, rent, or display — generally require declaration amendment with the supermajority and consent rules in the document. Board rules cover procedural matters only; they can't impose new substantive restrictions. The line is often litigated around short-term rental restrictions.

Question 4

What is a developer turnover dispute, and why are they so common?

Accepted Answer

Developer turnover is when control transfers from developer to unit owners at a defined milestone. Latent construction defects, reserve shortfalls, deferred maintenance, and self-dealing vendor contracts often surface during the post-turnover audit. Multi-unit defects routinely produce seven- and eight-figure recoveries. We run the audit and pursue remedies.

Question 5

What is the Florida structural integrity reserve study (SIRS) requirement?

Accepted Answer

SIRS is a Florida Chapter 718 requirement applicable to most condo associations with buildings three or more stories. Boards must study structural integrity of major components and develop a funding plan. The first compliance deadline was December 31, 2025. Non-compliance creates significant fiduciary exposure post-Surfside.

Question 6

Can individual unit owners sue the board?

Accepted Answer

Yes. Common theories include selective enforcement, breach of fiduciary duty, and statutory or document-based violation. D&O insurance is the first defense, but selective-enforcement exclusions and prior-acts limits create gaps. We focus on early procedural moves — motions to dismiss derivative claims, business-judgment-rule defenses.

Question 7

What does a typical association engagement look like with Yates Anderson?

Accepted Answer

Most associations engage us on a flat-fee or capped monthly retainer covering board meetings, document review, collections, covenant enforcement, and governance counseling. Litigation is separate, usually hourly with monthly caps. The retainer removes hourly-billing friction so directors call when something matters, not when it's already a problem.

Counsel to HOAs, condos, and master associations

About this practice

From the Library — Community Associations writing