Condominium Unit Owner Matters
Mary Ann Ruiz, P.A. specializes in the complex, multi-disciplinary practice of condominium law. Our firm is recognized for its successful representation of condominium unit owners in all aspects of multi-dwelling ownership, both for residential and investment purposes, including enforcing the association’s governing documents and statutory protections, pursuing claims of violations of personal and property rights, and demanding transparency of condominium managerial affairs. Navigating the myriad of legal issues that arise requires counsel with experience in analyzing stringent covenants and restrictions, case law, and statutes governing condominium associations.
Condominium Unit Owner Matters
Mary Ann Ruiz, P.A. specializes in the complex, multi-disciplinary practice of condominium law. Our firm is recognized for its successful representation of condominium unit owners in all aspects of multi-dwelling ownership, both for residential and investment purposes, including enforcing the association’s governing documents and statutory protections, pursuing claims of violations of personal and property rights, and demanding transparency of condominium managerial affairs. Navigating the myriad of legal issues that arise requires counsel with experience in analyzing stringent covenants and restrictions, case law, and statutes governing condominium associations.
Condominium Unit Owner Matters
Mary Ann Ruiz, P.A. specializes in the complex, multi-disciplinary practice of condominium law. Our firm is recognized for its successful representation of condominium unit owners in all aspects of multi-dwelling ownership, both for residential and investment purposes, including enforcing the association’s governing documents and statutory protections, pursuing claims of violations of personal and property rights, and demanding transparency of condominium managerial affairs. Navigating the myriad of legal issues that arise requires counsel with experience in analyzing stringent covenants and restrictions, case law, and statutes governing condominium associations.
The firm represents condominium unit owners in the following areas:
Disputes with your local government and agencies
- Defend building code and other property violations
- Defend liens at special master hearings
- Defend short-term rental violations, fines and related tax matters
Disputes with your Condominium or Homeowners Association, Property Manager and Neighbors
- Defend Association’s lien, foreclosure action, rejection of payments, incorrect accounting or charges
- Bring or defend COVID-related claims
- Bring claim for damages to your unit (leaks, mold, etc.), to recover money damages and to demand repairs to common elements
- Defend claim for damages to other units or common elements
- Obtain Association’s official records
- Challenge Association’s rejection of new buyer or tenant
- Bring or defend claim for excessive noise
- Bring or defend claim for parking spaces, storage units, boat slips and other appurtenances
- Defend termination of condominium
- Defend receivership for entire community or for placement of one unit in receivership
- Bring or defend claim for service and emotional support animals
- Bring or defend claim for fair housing discrimination
Disputes with your Building and Zoning Department, Developer, Contractor, Subcontractor, Material Supplier and Design Professional
- Challenge and address building code violations, fines and liens
- Bring warranty claim against developer
- Prepare and review construction contracts
- Challenge construction liens
- Bring breach of contract claims for delays or construction defects
Disputes with your Buyer, Seller, Developer and Banks
- Defend foreclosure actions by your Bank and Association
- Bring claims to recover pre-construction deposit from Developer
- Bring or defend claims against your Buyer or Seller for breaches of purchase and sale agreement
- Bring or defend claims for Seller’s failure to disclose facts which materially affect the value of the property, such as mold or special assessments
- Pre-purchase analysis of community association documents for material issues, such as leasing restrictions, parking spaces, storage spaces and boat slips
- Pre-purchase analysis of Developer’s pre-construction or condo conversion contract and prospectus
Disputes with your Insurer, Condominium or Homeowners’ Association Insurer or Neighbor’s Insurer
- For insured property owners (including Condominium and Homeowners Associations, unit owners and homeowners), filing first property damage insurance claims against your insurance company (from reporting of claim and working with adjusters and experts, to negotiating the claim, to litigation and trial, as necessary) (first property damage insurance claims)
- For uninsured property owners, bring claims against the party who caused the damage to your property and their insurance (from quantifying damages and working with experts, to demand letters, to litigation and trial, as necessary)
- For uninsured condominium unit owners, defend claims from your neighbor’s insurer for damages allegedly caused to their unit (subrogation defense)
- For uninsured condominium unit owners, defend claims from Association’s Insurer for damages allegedly caused to the common elements (subrogation defense)
Disputes with your Tenant
- Prepare and review lease agreements
- Evict your tenant
- Bring claim for past due rent
- Bring claim for damages to your unit
Notable Condominium Unit Owner Cases
Represented high net worth, international owner, in severe water intrusion and black mold case in investment property in Coral Gables. Secured over $2 million worth of repairs by the condominium association to the roof, exterior walls, exterior terrace, windows, and more to cease water intrusion and once complete, full mold remediation within the unit. Secured money damages for lost rental income, repairs within the unit, other expenses, expert fees, attorneys’ fees and costs.
Represented high net worth, local owners, in nuisance claim against the condominium association for opening and maintaining a commercial gymnasium in common element space above their main residence penthouse unit in Miami Beach, causing vibration-induced noise and disruption in their home. Secured closure of commercial gymnasium, relocation to a lower floor and permanent cessation of vibration and noise. Secured money damages for loss of use, out of pocket expenses, expert fees, attorneys’ fees and costs.
Represented high net worth, international owner, in resolving six figure lien on vacation home, penthouse unit imposed by the City of Miami Beach for failure to respond to and address code violations. Investigated code violation issued for water intrusion to unit below. Resolved code violations by working with client’s expert, Association, Association’s expert and City officials whereby Association accepted responsibility for water intrusion from exterior penthouse terrace. Secured full repairs from Association to exterior terrace, including removal of failing waterproofing, installation of new waterproofing and replacement of flooring. Requested and attended City Special Master hearing. Secured reduction of lien amount to nominal amount and ultimately obtained satisfaction of lien and full resolution of matter, pre-suit.
Represented high net worth, local unit owner, concerning his main residence penthouse unit, and increased square footage of unit by establishing ownership of nearly 1000 square feet of storage space.
