Protecting Your Condo Association In Third-Party Contracts
Traditionally, summer is when many Florida condo associations reevaluate their relationships with third-party companies, such as landscapers, security staff or property management companies. If you are a board member, it is important to be aware of exactly what your association may need, rather than what a third-party can offer. The right attorney can help ensure that your association makes the contract that suits its needs best.
Do We Need An Association Attorney?
While condo boards are capable of handling a significant majority of association business, contracts of this sort involve so many small details and legal niceties that it is strongly recommended to hire an attorney to act in your interests. Bigger condo boards may choose to have an in-house counsel, but even a smaller association should consult legal representation when contract negotiations are coming.
Contracts are one of the most common things for a condo association to handle – from purchase and sale of units to hurricane preparedness to parking, many functions that keep the association running are farmed out to third parties. Most of the time, a fair and equitable contract can be hammered out between the parties – but it is unfortunately not uncommon for some vendors to try and sneak provisions into a contract that place condo boards in difficult positions.
Many Moving Parts
The majority of contracts that a condo board will negotiate are equitable and provide appropriate benefits and responsibilities to all parties. However, a board without legal representation may not notice clauses that are subtly designed to protect the vendor alone. Indemnification is one of the prime areas where this occurs – for example, a construction company may try to include a provision which requires the association to indemnify them for their own employees’ negligence.
There are a host of potential stumbling blocks in contract negotiation, some of which include certification questions, budgets, compensation amounts, duration of work, and the issue of whether the contract itself can be modified after execution. It is all too common for a disagreement or a miscommunication to make itself known if the details are not managed correctly, which can lead to a brand new set of problems.
Contact A Tampa Condo Association Attorney
It can be tempting to try and handle contract negotiations in-house, without seeking help from an attorney – but in many cases, this is placing your association in harm’s way. A Tampa condo association attorney from the Seward Law Office can help ensure that your association is protected in contract negotiations. Call our office today to schedule a consultation.
