Is there a "best suited" law firm for Developer Turnover Transition to Homeowners?
HIRING TWO LAW FIRMS
Every condominium association should have a general counsel under retainer to advise on day-to-day operations and ongoing legal issues. During the transition period, general counsel can be of great assistance to a new Board in getting acclimated to the varied requirements:
Documents
State Statutes
State Administrative Rules & Regulations
Common Law (court-created law) Governing Condominium Operations
The transition period is also the time for the construction quality of the building and improvements to be evaluated and for Association financial operation during the period of developer control to be scrutinized. The type of law firm best suited to assist in the evaluation and to negotiate a resolution of possible claims is a trial firm experienced in negotiating and litigating condominium construction and accounting claims.
Unit owners in Florida condominiums converted from preexisting apartment buildings have inferior rights and remedies to recover for construction defects as compared to the rights and remedies available to unit owners in new Florida condominiums. Unit owners in new condominiums have statutory warranty protection under F.S. 718.203 which extends from the developer, general contractor, subcontractor and suppliers and covers to some extent all improvements and systems interior and exterior.