Article Courtesy of The Sun Sentinel

By Daniel Vasquez

Published February 25, 2009

It takes time and money to file a lawsuit against your condominium or homeowners association. And if you lose, you could be forced to pay your opponent's attorney's fees, as well.

So it's a good idea to learn to navigate and resolve a serious conflict before it lands in court.

Effective communication goes a long way, experts say. Remaining focused and clear about what you want helps, too.

"Starting with a smile is smart and effective," said Michael Gelfand, a real estate attorney and chairman of the Community Association Continuing Legal Education committee for the Palm Beach County Bar Association.

And schmooze. "Call the decision makers. Many issues are diffused by food, so take them out for coffee, a piece of pie or a beer and wings."

Don't think lawsuit when simpler steps will suffice. "People too often go to the nuclear option before taking other options," Gelfand said.

A prolonged lawsuit can easily cost tens of thousands of dollars. And the Condominium Act, statute 718.303(1), and the Homeowners' Association Act, statute 720.305, both provide that for most disputes, the loser pays the prevailing party for associated attorney's fees and court costs.

Here are some ways to avoid a lawsuit:

Be clear. Make sure you communicate to your board what you want. Be specific as possible about something you want done, what you want the association to pay for or what you want it to stop spending money on.

Communicate. Keep in mind that listening is as important as talking. Focus on common ground. Frequently, matters can be solved with a simple phone call or visit. If that does not work, write a letter. State your issue, suggest a remedy or request to be heard at an association meeting. There are some matters for which the law requires something in writing, such as a request for records.

Go to meetings. Ask that your issue be placed on the agenda, make your comments and try not to argue.

Unit owners have another tool found in Florida Statute 718.112 (2)(c). It includes a provision that states, "If 20 percent of the voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, place the item on the agenda." However, the board is not obligated to take action on any item placed on the agenda.

Recall the board. Any member of a condo board or administration can be removed at any time, with or without cause, by a vote or agreement in writing by a majority of the voting interests of the association. A special meeting for a recall vote must be held when 10 percent of the voting interests request the meeting and provide written notice to other members of the meeting. If the recall is approved at the meeting, it is effective immediately. For more information, see F.S. 718.112 (2)(j) and Florida Administrative Code Chapters 61B-23.0026, 0027, 0028. There is similar provision for homeowners associations in F.S. 720.303 (10).

Find a mediator. For condo issues, contact the Condominium Ombudsman at www.myflorida.com/condos/ or 954-202-3234. There is no equivalent state agency for homeowners associations. Before most suits are filed, Florida law requires the aggrieved party to seek mediation with the other party. The circuit ourts in Broward and Palm Beach counties have mediation offices with lists of mediators available. Many can be found on the Internet, including at www.arcmediation.com. The Legislature has provided another step to avoid the courts, mandatory arbitration in F.S. 718.1255, before suit can be filed. But in arbitration, like litigation, the loser may be responsible for the winner's attorney's fees and court costs.

Keep in mind: When a unit owner or homeowner sues an association, he is in effect suing himself. And he pays twice, for his attorney and his portion of the common expense of the association attorney.

Daniel Vasquez can be reached at:

[email protected] or at 954-356-4558 (Broward) or 561-243-6686 (Palm Beach County). His condo column runs every Wednesday in the Local section and at www.sunsentinel.com/condos. You also can read his consumer column every Monday in Your Money and at www.sunsentinel.com/vasquez