South Florida is a cosmopolitan community, with a diverse and ever expanding population. As the economy slowly shows signs of recovery, communities all across the state are starting to review their contracts with their vendors.
More than a handful of businesses provide some of the services that HOAs require. If you want a new landscape contractor, for example, getting a competitive bid from a number of vendors isn’t a problem. If you want a decent HOA attorney, the options are more limited.
There are several firms in the state that have developed a reputation for excellence in the HOA field. Some of these are statewide firms, while others are more focused on providing regionalized support. This column has relied on some of these firms in the past for clarification of legal issues, and for ideas on future content.
In 1963, Richard D. DeBoest, Sr. drafted the first Declaration of Condominium ever filed in Southwest Florida. Today the Condo & HOA Law Group, PLLC, founded by attorneys Richard D. DeBoest, II and Susan M. McLaughlin, carries on that long tradition by providing legal services to condominium, homeowner, co-operative, timeshare, country club and manufactured home associations throughout Southwest Florida. The firm also proudly still continues to represent that very first condominium association established in 1963.
The Condo & HOA Law Group’s legal practice is tailored to representing associations and provides such services as governing document amendment, revisions and interpretation; covenant and rule enforcement; collection of delinquent assessments; foreclosures; contract drafting and review; general civil litigation, arbitration and mediation; insurance coverage issues; turnover from developer control; construction defect and developer warranty enforcement; corporate mergers; MRTA preservation and revitalization; fair housing, handicap and civil rights disputes; and construction liens.
The firm's practice is regionally based, serving the counties of Lee, Collier, Charlotte, Hendry and Glades and the cities of Fort Myers, Cape Coral, Lehigh Acres, Naples, Bonita Springs, Marco Island and LaBelle. All of the firm's attorneys are members of the Community Association Institute and the Condominium Sub-Committee of the Real Property, Probate and Trust Section of The Florida Bar.
This week, the law firm announced that associate attorney Jason R. Himschoot has been named a partner in the firm. Himschoot is an experienced trial lawyer specializing in real estate, business, condominium and homeowner association disputes. Diane Simons-Burnside has also been named a partner in the firm. Simons-Burnside focuses her practice on matters involving condominium and homeowners association law.
“Our clients benefit tremendously from Diane’s knowledge and expertise,” said Richard D. DeBoest, II, co-founder of the firm. “Having her as a partner not only strengthens our firm, but also acknowledges Diane for her professional accomplishments in the area of association law.”
Simons-Burnside assists her clients in the day-to-day management of their associations, including preparing governing documents and amendments; reviewing management, cable, and landscaping contracts; and assessing lines of credit and loan documents. She also represents her clients in arbitration and mediation disputes and litigates civil disputes involving eviction, foreclosure, and covenant enforcement matters.
Simons-Burnside obtained a Master of Laws (LL.M.) degree from Georgetown University Law Center, a Juris Doctor (J.D.) from Richmond University Law School, and a Bachelor of Science degree from the University of Wisconsin. She is licensed to practice law in Florida and Virginia, and is a member of the Lee County Bar Association, Lee County Association of Women Lawyers, and The Real Property Probate and Trust Section of The Florida Bar.
“Jason’s litigation skills assure our clients that they will get the very best legal support possible when their case goes to court,” DeBoest, continued. “Jason is a valuable asset to our clients, and his partnership with Condo & HOA Law is a benefit to the firm.”
Himschoot is a third generation native of Fort Myers, Florida, and has practiced law in his hometown since 1999. He has managed many cases involving contract disputes in large-scale developer projects, multi-party complex construction defect claims, officer and director liability claims, property boundary disputes, condominium and homeowner association disputes and insurance related property damage claims. Himschoot handles cases from initial filing through deposition, mediation and trial.
Before entering private practice, Himschoot gained valuable jury and bench trial experience as a prosecutor at the State Attorney’s Office for the 20th Judicial Circuit in Fort Myers. He has a Bachelor of Arts degree in Legal Studies from the University of Central Florida, where he achieved Dean’s List honors in six out of eight semesters. He earned his Juris Doctor from Nova Southeastern University and was a Board Member of the Nova Law Review. The Nova Law Review published his article, “Florida’s Offer of Judgment and Proposal for Settlement Laws,” in 1998. Additionally, his involvement and efforts while participating in The Innocence Project resulted in changing the State of Florida’s law on DNA testing.
Himschoot is active in several local community organizations, including Rotary South, the Finance Committee for the Early Learning Coalition of Southwest Florida, and the Tiger Bay Club.
The Condo and HOA law group’s Fort Myers office is located at 2030 McGregor Boulevard, Fort Myers, FL 33901 and the Naples office is at 780 Fifth Avenue South, Naples, 34102. For more information, please call the Fort Myers office at 239-333-2992 or Naples office at 239-261-9033, or visit http://www.condoandhoalawgroup.com.
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