David Rogel chairs the firm's Community Association Litigation Group. For more than twenty years, Mr. Rogel has concentrated his practice in the law governing common interest ownership associations. In that time, he has represented condominium, cooperative and homeowner's associations as well as homeowners and developers. Currently, he represents over 200 community associations as their General Counsel.
As General Counsel for both commercial and residential Community Associations, Mr. Rogel:
- Drafts governing documents and amendments thereto.
- Dispenses legal and practical advice regarding day to day disputes between Associations, Owners, Developers and Governmental Entities.
- Prepares contracts, addendums and modifications and assists in contractual negotiation and contractual dispute resolution.
- Appears in administrative and legal proceedings.
- Officiates over meetings.
- Serves as registered agent.
- Gives legal advice regarding requirements of the documents and the laws relating elections, financial operations, insurance, assessment collection and maintenance, repair and replacement, including construction related issues.
- Prepare clients for elections, meetings of the Board and members, disasters.
An AV rated lawyer by Martindale Hubbell Law Directory (the highest level attainable), Mr. Rogel's practice at Becker & Poliakoff began as a litigator, an area in which he continues to practice. Mr. Rogel's litigation experience includes representation before administrative bodies and State and Federal Courts. Mr. Rogel has appeared for his clients in numerous arbitrations governed by Section 718.1255, Florida Statutes. As part of his practice, Mr. Rogel has represented his clients in many appeals, including appeals before the Third District Court of Appeals covering Miami-Dade and Monroe County. Some of the more important appellate decisions in which Mr. Rogel has represented his clients successfully are:
- P.S. Farrington v. Casa Solana – Establishing the business judgment rule in community association settings.
- Brickell Biscayne v. The Palace Condominium Association, Inc. – Stood for the proposition that Developers were required to pay assessments like other owners, including assessments for litigation against them.
- Flagler Federal v. Crestview – Affirmed an Association's right to amend its governing documents to prohibit leasing, were challenged by a bank who held a mortgage.
- BHB v. Bonefish Yacht Club – Upheld the right to use an easement to beachfront property by a homeowner's association.
- Nine Island v. Siegel – Reversing an award of attorneys' fees to a homeowner's association in an ongoing arbitration and litigation proceedings over the right of access to a unit.