Our firm has over twenty years of experience suing condominiums and homeowner’s associations across the State of Florida for slip-and-falls, sexual assault, elevator accidents and for failure to properly maintain the common areas.
Florida law requires that condo associations be registered corporations with unit owners serving as either shareholders or members. Condominiums have an elected board of directors and they are empowered to make sure that the condominiums are safe for unit owners and guests.
When we are retained to investigate an accident at a condominium we always request a copy of any surveillance video tape that may prove how and why the accident occurred. In order to determine if the homeowner’s association is responsible for a condo accident claim, our lawyers will verify if the condo complies with Florida law by requesting and reviewing the following:
- A copy of the plans and permits of the entire development;
- A copy of the declaration of condominium;
- The association’s bylaws and all amendments;
- The association’s Articles of Incorporation and any amendments;
- Current rules;
- Minutes of all meetings of the board and unit owners for at least 7 years;
- Roster of all unit owners, with addresses, email addresses and telephone numbers;
- Insurance policies;
- Management agreements or leases;
- Bills of Sale;
- Accounting records for the association and each condo that the association operates;
- Ballots, sign in sheets and voting proxies;
- Rental records for each condo unit where the association acts as a rental agent;
- A question and answer sheet;
- All operating records and documents;
- A copy of the inspection report.
Currently, under Florida law, homeowner’s associations are permitted to hold closed door meetings to discuss personnel, provided an attorney is present. Personnel records that pertain to both the homeowner’s associations as well as the association’s management company are no longer accessible by unit owners. However, the written financial agreements between the Association and their employees are available to owners.
Frequently, a luxury condo will hire independent companies to provide maintenance and security operations. The selection and supervision of these independent contractors is the responsibility of the homeowner’s association.
We have represented many individuals who were injured in Florida condominiums such as guests and workers. Perhaps the most challenging clam occurs when a unit owner is injured at the condo. It is not uncommon for a unit owner’s claim to upset other unit owners who fear that the claim might increase the association’s fees or insurance.
In addition, condominiums have to provide adequate security by having fully functional lighting and other reasonable security measures in place. Lastly, condominiums must conduct appropriate background searches for any of their employees. For example, we have represented a young girl who was repeatedly sexually assaulted by one of the security guards the condominium association had hired.
We offer free consultations to anyone who believes that have a claim for an injury or accident that occurred at a Florida condominium. Please contact our office to answer any questions about your potential case.
To read more about this topic, visit our blog: Florida Injury Lawyer Blog – Suing a Florida Condominium for a Personal Injury Claim