Real Estate Litigation

Resolving Real Estate Disputes Throughout Florida

The Firm was established in 1951 when Jacksonville was still a small town surrounded by rural land. In more than half a century, much has changed. Northeast Florida’s unique properties located along the beaches, Intracoastal Waterway, riverfront and metropolitan downtown areas have grown in population, development and value. Our Firm assists businesses, residents, community associations, cooperatives and developers resolve disputes and preserve their rights in Duval County and the surrounding communities in Nassau, Clay, Baker and St. Johns Counties.

Real Estate Disputes

Our Firm helps commercial and residential property owners resolve real estate disputes that arise during real estate transactions, construction, leasing and use. We analyze the issues and develop effective strategies involving:

  • Negotiating resolutions to real estate purchase/sale contract breaches
  • Representing buyers who are victims of mortgage fraud and predatory lending practices
  • Assisting landlords in collecting unpaid rents and fees from defaulting tenants
  • Fighting against unfair eviction on behalf of tenants
  • Handling title insurance matters
  • Searching for and curing title defects

In addition, the firm reviews and drafts contracts to avoid future disputes.

Homeowners’ Association Disputes

An effective homeowners’ association serves the important function of keeping a neighborhood’s appearance, character and amenities to the standard homeowners expect. The bylaws determine the association’s level of involvement ranging from minimum to substantial. For instance, a subdivision that has a clubhouse, golf course, tennis courts and a pool would require more detailed oversight than a development that did not provide these amenities.

When residents move into a particular neighborhood, they sign an agreement to follow the rules dictated in the covenants. Some covenants restrict such matters as architecture of the home, display of holiday decorations and landscape of individual yards, whereas others may only cover use of common spaces. The homeowners’ association is charged with enforcing these covenants.

Our attorneys guide homeowners association boards’ compliance with Chapter 720, Florida Statutes which governs the rights, responsibilities and duties of homeowners’ associations. We advise on such matters as:

  • Electing board members
  • Writing and interpreting governing documents
  • Developing lawful covenants
  • Enforcing covenants fairly and uniformly
  • Appealing excessive assessments
  • Analyzing for adequate insurance coverage
  • Developing risk mitigation plans
  • Defending the community against personal and property liability claims
  • Resolve disputes involving liens, collections, allocation of funds, property assessments and association dues

Condominium Association Disputes

Chapter 718, Florida Statutes grants a condominium association extensive authority so it can effectively protect the interests of all unit owners in the complex it governs. The association’s power is balanced with the rights of individual homeowners. For example, the association has the authority to enter individual units to make repairs or upgrades that affect other residents. In addition, the association is responsible for maintaining common areas, such as roofs, grounds, storm water ponds, amenities, entrances and hallways and must constantly weigh the expenses and benefits of any proposed improvements.

Obtaining the consensus of dozens or hundreds of residents on such matters would be nearly impossible. For this reason, a condominium association is run by a board that has the duty to act in the residents’ collective best interests. Our lawyers counsel board members on their obligations, powers and procedures. We also represent associations when residents challenge assessments or allege breach of fiduciary duty and we assist with the collection of membership dues.

Cooperative Association Disputes

A well-operated cooperative association delivers substantial benefits to its members, such as increasing bargaining powers, sharing expenses, reducing waste, managing resources and, ultimately, increasing profits and value. Just as developing good practices is vital to the success of a business, so too is it crucial when forming and governing a cooperative association. Our Team ensures that the cooperative and its members comply with regulations and the agreement that binds the individuals.

Learn How The Firm Can Help Resolve Your Florida Real Estate Dispute

Get the help you need with your commercial or residential property issues. Call Orr | Cook at 904.358.8300 or contact our attorneys online to schedule a consultation.

The Team of Dedicated Professionals