A Guide To Construction Law For HOA & COA Board Members In Florida

Tom, the newly elected president of his community’s condo association in sunny Florida. Tom’s been a homeowner for years, but stepping into the role of board president opened his eyes to the complexities of managing a community. One of the most daunting tasks he faced early on was overseeing a major construction project. With limited experience in construction law, Tom quickly realized he needed to get up to speed—fast.

If you’re like Tom and want to protect your community from legal pitfalls while ensuring your construction projects are completed successfully, this guide is for you. And remember, having an experienced construction lawyer on your side can make all the difference. Contact us at Herman & Wells today to ensure your association’s projects are legally sound and financially secure.

Tom’s first big project as president was overseeing the construction of a new clubhouse. While he was excited about the project’s potential to enhance the community, he also felt overwhelmed by the legal responsibilities that came with it. Like Tom, many board members may not realize that overseeing construction involves more than just selecting a contractor and approving designs. Florida’s construction laws are complex, and failing to comply with them can lead to serious consequences for both the board and the community.

For Tom, understanding his legal responsibilities was crucial. As a board member, you’re tasked with ensuring that construction projects are conducted in accordance with Florida law and the community’s governing documents. This includes everything from contract negotiations to ensuring compliance with building codes. Failure to uphold these responsibilities can result in legal liabilities that could have been avoided with the right knowledge and preparation.

Florida has specific statutes and regulations that govern construction projects, especially those involving HOAs and COAs. For example, the Florida Statutes Chapter 718 (for condos) and Chapter 720 (for HOAs) outline the duties of board members, including their role in managing construction projects. Additionally, the Florida Building Code sets the standards for construction, and non-compliance can result in fines, project delays, or worse—unsafe structures.

Tom learned that one of the most important aspects of his role was to ensure that all construction activities complied with these regulations. Understanding these laws helped him avoid potential legal pitfalls and ensured that the project proceeded smoothly.

Tom’s involvement in the construction project wasn’t just about making decisions; it was about leadership and oversight. As a board member, your role extends beyond attending meetings and signing off on plans. You’re responsible for:

• Ensuring Compliance: Making sure that all aspects of the construction comply with state and local laws, as well as the association’s governing documents.

• Contract Management: Overseeing the drafting, review, and enforcement of construction contracts.

• Risk Mitigation: Identifying potential legal risks and taking steps to mitigate them, such as hiring a qualified construction attorney.

Tom quickly realized that with great power comes great responsibility—and potential liability. If something goes wr