Miami Condominium Association Attorneys

Last updated on October 8, 2026

When your client is served with a lawsuit, they need a condominium association attorney who has extensive trial experience in Florida courts. With over 45 years of combined experience in Florida civil courtrooms, attorneys Dillon Graham and Marilyn Byrd have dedicated their careers to litigation. This includes condominium and homeowners association (HOA) litigation defense.

At Graham Legal, P.A., we embrace the pressure of high-stakes disputes. As your partner, we will manage all aspects of your case with keen attention to detail, as well as utmost respect for the relationship you have built with your client.

Extensive Experience In A Variety Of Claims

We defend condominium associations and HOAs against claims under the Florida Condominium Act, most of which fall under Chapter 718 of the Florida Statutes. These typically involve:

• Breach of fiduciary duty
• Special assessment disputes
• Selective enforcement
• Unpaid assessments litigation
• Election disputes

Delaying a response can have severe consequences for an association’s legal standing. As condominium association lawyers, we work quickly to analyze the claim and begin building a litigation strategy that defends the board’s decisions.

Defense Against Breach Of Fiduciary Duty And Assessment Claims

If your client is a condominium board member, they probably volunteer their time. Despite their volunteer status, the Florida Condominium Act imposes a high legal standard on them. They are acting in a professional capacity for the community, and thus are vulnerable to lawsuits.

Condominium board members have a fiduciary duty to the association itself and the individual unit owners. When disputes arise, unit owners may allege that the board’s recent actions constitute a breach of fiduciary duty. They may seek financial damages or legal relief from special assessments by claiming that the board abused its authority or mismanaged funds.

At that point, board members need an experienced condominium association attorney. This is where Graham Legal, P.A., can help. A legal professional can assess the board of directors’ liability and respond to the lawsuit. Their actions can help de-escalate what can quickly become a tense situation. A lawyer can support board members by creating a viable defense strategy.

A lawsuit related to assessments or election disputes can affect the community association’s operations for months. At Graham Legal, we can help respond to special assessment litigation or develop a breach of fiduciary duty defense strategy. A thorough review of the plaintiff’s claims, community bylaws and board meeting minutes can provide the foundation for a robust legal defense.

By applying the Business Judgment Rule while assessing the actions of the board, a condominium association attorney can help show that board members acted in good faith and within their authority as established by the community bylaws. Under Florida Statutes Chapter 718, the Florida Condominium Act, board members have an obligation to uphold the association’s bylaws and prioritize the best interests of the association as a whole and its members.

It may be possible to convince the courts to dismiss a pending lawsuit by showing that imposing a special assessment or taking other actions was a reasonable step consistent with the community’s bylaws and the authority delegated to the board members. Other times, a strong defense strategy from Graham Legal can result in summary judgment in favor of condominium board members that allows them to retain their positions and resume normal operations.

Navigating Delinquent Assessments, Liens And Foreclosures In Florida

A Miami condominium association depends on steady cash flow to survive. Monthly assessments cover everything from routine upkeep to major repairs and long-term reserves. When unit owners stop paying, that financial gap does not disappear; it lands squarely on the shoulders of everyone else in the community who does pay. That burden is unfair, and no board should face it without legal support.

As your Miami HOA collection attorney, we will act swiftly when delinquencies arise. We will approach every collection matter with the same discipline we bring to courtroom litigation.

Statutory Notice Requirements

Before a condominium association can record a lien against a unit, Florida law requires strict compliance with a formal notice process. Under Chapter 718 assessment collection rules, the association must first serve the unit owner with a written Notice of Intent to Record a Claim of Lien. That notice must give the owner at least 45 days to cure the delinquency before the association moves forward. Errors in the notice process can invalidate the claim entirely, which is why our approach is methodical from the start.

Recording The Lien

Once the notice period expires without payment, we record the lien against the property in the public record. This is one of the most powerful tools available to a condominium lien lawyer. It secures the association’s financial interest directly against the unit, meaning the owner cannot sell or refinance without satisfying the debt.

Foreclosure Versus Money Judgments

Two primary paths exist for recovering delinquent HOA dues. A condo association lien foreclosure in Florida targets the unit itself through formal judicial proceedings. Suing the owner personally for a money judgment allows the association to pursue wages, bank accounts and other assets. In certain situations, we pursue both simultaneously. The Florida HOA collections process gives associations real leverage, and we use it deliberately.

Attorney Fees

Boards and their attorneys often ask who is responsible for the cost of collection litigation. Florida law is clear on this point, and most governing documents echo the same answer: The delinquent unit owner bears the association’s legal fees and costs. Recovering unpaid condo fees in Miami through the legal process should not be a financial loss for the association. That is exactly how we will approach every collection case we handle.

Navigating Construction Defect Litigation For Miami Associations

When a developer turns over control of a condominium to the board, the association often inherits more than financial records and meeting minutes. It may also inherit serious construction defects that Miami communities are only beginning to uncover, like:

• Water intrusion through roofing, windows or exterior walls that was concealed during developer control
• Structural failures are tied to materials or methods that did not meet the Florida building code
• Mechanical and electrical system deficiencies that only become apparent under full association operation

At that point, the board has a duty to investigate and act quickly to protect the community’s interests. Turnover is a defining legal moment where the association assumes control of common elements and must determine if viable claims exist against developers, contractors or design professionals. These disputes often lead to formal construction defect litigation.

Florida’s Chapter 558 process adds another layer, requiring a detailed pre-suit notice before filing a lawsuit. The best homeowners association attorneys will file a precise 558 notice supported by documented damage and engineering input, rather than sending a rushed demand that weakens the claim from the start.

A disciplined approach to turnover protects the community through these key steps:

• Turnover document and construction review: We analyze plans, permits and contractor agreements to determine if defects arise from original design or workmanship.
• Chapter 558 notice and deadline control: We draft detailed statutory notices and monitor response periods closely to preserve your right to pursue damages.
• Strategic litigation planning: We prepare every case as if it will proceed to trial to signal strength to developers and insurance carriers.

Technical support is equally important because judges and juries expect proof tied to engineering standards and building codes. An experienced condo association lawyer must collaborate with top-tier professionals to build an unshakeable case:

• Structural engineering analysis: We work with engineers who provide detailed reports to identify hidden flaws in the building’s foundation or load-bearing components.
• Architectural forensics: Our team utilizes forensic architects to uncover design departures that lead to water intrusion or building envelope issues.
• Experienced coordination: We manage the collaboration with qualified professionals to help ensure credible reports explain the full cause and scope of damage.

Insurance carriers frequently dispute coverage. Developers often argue that maintenance, not construction, caused the damage. That is where our experienced homeowners association attorneys in Miami play a decisive role.

Responding To A Lawsuit

While we are always prepared for a trial, we understand the value of an efficient resolution for the board and its members. Our litigation strategy for condo associations includes these key steps:

• Exploring options for alternative dispute resolution (ADR), such as mediation or arbitration, to find a swift, out-of-court solution
• Preparing to file for a declaratory judgment or injunctive relief if necessary to protect the association’s rights
• Asserting a strategic defense against unit owner claims, with a focus on minimizing legal liability

We believe that preparing a case for trial from day one is the most effective way to protect the association’s interests. If the opposing party does not agree to a reasonable compromise, we will not shy away from taking the case to trial.

As condominium association attorneys, we also provide legal counsel on how the board can minimize its risk of future litigation. Our experience with civil lawsuits allows us to advise associations on proper covenant enforcement, effective meeting procedures and how to address common board member disputes before they escalate.

Protect Your Client From Liability: Call Us Today

As a lawyer, it’s important that your client is represented by a litigator who understands your position and respects your relationship with the board. Our condominium association attorneys will handle all litigation aspects of the case with transparency and professionalism.

We are fluent in Spanish and deeply familiar with all aspects of Florida condominium law. Call us today at 305-990-0514 to discuss your client’s needs and potential defense strategies. You can also send us a message through our website.