Florida HOA & Condominium Construction Law

Many legal issues can arise during HOA and condominium construction. Condominium and homeowner association members have important rights and responsibilities that must be abided. An experienced attorney can ensure that the construction process is properly handled to reduce the possibility of complications. If problems do arise, you need representation from a professional with experience in litigation, real estate, construction and complex legal regulations who can provide you with counsel. At Warner, Sechrest & Butts, P.A., we provide knowledgeable construction lawyers Gainesville HOA & Condo associations, investors, developers and tenants can rely on.

Homeowners Association & Condominium Law

Most homeowner’s associations (HOA) and condominiums tend to be corporations created by real estate developers for marketing, managing, and selling homes and lots in residential subdivisions. Eventually, the developer will relinquish control of the association to its members once a certain amount of sales is reached. Homeowner’s association and condominium law has to do with the creation of such organizations and the enforcement of their rules that manage the association. State laws, local bylaws and organization rules all play a large factor in the management of the community. Given the many areas of law that impact homeowners associations and condominiums, such as real estate law, environmental law, insurance law, lien collections, and construction law, complex issues can arise during construction if not handled carefully. Having a reliable attorney from a construction law firm Gainesville FL residents can trust is imperative to avoid complications or to represent you in the event of a claim.

Common HOA & Condominium Construction Issues

There are a couple common homeowner's association and condominium issues related to construction that should be carefully examined when conducting a new construction project. An attorney can help ensure that these issues are avoided or protect you against them.


Defects in fixtures, the construction of buildings or other improvements owned by an association often occur. These defects can be caused by a number of reasons, including errors in planning, design, supervision, construction or remodeling. It is important for an association to try and avoid defects as much as possible and ensure that construction is completed properly as they can cause substantial damage to the property and lead to construction defect claims. Having an independent project manager or a construction consultant during the project can help to avoid defects or discover them early on.


Warranties are in place to protect associations or tenants from any defects in design, planning, construction or remodeling of a property. Warranties are either explicitly stated or implied by the person performing the construction. An implied warranty includes that which binds condominium developers to ensure that a construction complies with the rules and regulations established by an association. There are also warranties in construction that are established by statutes. When engaging in the construction of a new project, the developer must make sure that it is abiding by its warranty.


A big issue for homeowner’s associations and condominiums during construction is failing to properly provide contractors, laborers and architects with their deserved compensation. If this occurs, the person who performed the construction work or provided the materials has the right to file a lien against the association. Construction lien claims can be time consuming, halt construction of your project, and cost you unnecessary money. An attorney can advise you during the construction process to avoid lien claims or represent you in one.

Gainesville Construction Law Firm

In regards to construction law, homeowner associations and condominium constructions can lead to complex cases. The best way to prevent or prepare for such problems that may arise is by having an attorney adept in the many diverse areas of law that affect construction law. Contact Warner, Sechrest & Butts, P.A., today for a construction law attorney.