Transition/Turnover

Florida law requires that developers transfer their controlling interests in a community association within a statutorily mandated timetable of first sale or lien. The turnover from a developer's control of a community to a subsequent homeowner's association presents a host of legal issues arising for all parties concerned. We believe that turnover of association control is a process and not an event. With proper preparation, communication and the involvement of appropriate professionals, the prospects for a smooth and orderly transition are dramatically improved. The proper engagement in this process will positively impact multiple, long-term issues within the community including future governance, association fees while assuming that the rights and responsibilities of both the developer and the unit owners are not overlooked.

At Hyman, Spector & Mars, our representation of community associations has included legal advice and counsel for literally hundreds of developer turnovers. We know the law, recognize potential trouble spots and provide effective, and elegant solutions. Our representation ensures that conversions stay on schedule provides input and guidance throughout the turnover process allowing for a smooth and efficient transition of control.

Our services include:

• Pre-turn over information review;
• Representation of "ad hoc" unit owner turnover committees;
• Evaluation of developer records and information;
• Assessment of accounting, physical and other conditions during review period;
• Construction Defect identification;
• Negotiations, Settlement of claims against developers; and
• Construction Defect Litigation