Hans C. Wahl

• The Florida Bar, 2012
• The Jacksonville Bar Association
• U.S. District Court – Middle District of Florida
• U.S. Bankruptcy Court – Middle District of Florida
• The Georgia Bar
• U.S. District Court – Middle District of Georgia
• U.S. Bankruptcy Court – Middle District of Georgia
• U.S. District Court – Southern District of Georgia

• Florida Bar Board Certified in Condominium and Planned Land Development Law
• Florida Trend Florida Legal Elite 2022
• Best Lawyers in Commercial Litigation and Real Estate Law for 2024
• Super Lawyers in Real Estate, Business Litigation, Creditor Debtor Rights 2024
• Super Lawyers Rising Star in Real Estate Litigation 2022
• Jacksonville Magazine “Best Lawyers in Jacksonville”
• Lorman Legal Educational Services Distinguished Faculty Member
• Approved Course Provider by the Florida Department of Business and Professional Regulation, Division of Condominiums.
• National Honor Society – Summa Cum Laude

• Florida Coastal School of Law
  • Juris Doctor; magna cum laude
  • Law Review, Moot Court, Mock Trial, Dean’s Honors
• University of Florida
  • Bachelor of Science; double major in Finance and Business Management;
  • Golden Key National Honors Society

Mr. Wahl is a member of and has served or serves on various associations, committees, and professional and trade organizations, including but not limited to:

• The Florida Bar (Business Law and Real Estate Section)
• The Georgia Bar (Creditor’s Rights and Business Law Section)
• The Jacksonville Bar Association
• Community Association Institute, Northeast Florida Chapter
• Town of Orange Park
• Kids First of Florida – Licensed Foster Parent
• Neighbor to Family
• The University of Florida Alumni Association and local Gator Clubs
• The Jacksonville Chamber of Commerce
• Florida Coastal School of Law – Alumni Member
• Christian Legal Society (FCSL Chapter)
• American Bar Association
• Christ’s Church Volunteer

Condominium and Homeowners’ Association Law

• Regularly acts as general counsel for homeowners’ associations, condominium associations, and other community developments throughout the State of Florida.
• Regularly acts as litigation counsel for homeowners’ associations, condominium associations, and other community developments throughout the State of Florida.
• Routinely develops formal collection strategies and policies for community associations concerning the enforcement and collection of assessments.
• Regularly facilitates community association annual meetings, special meetings, and board of director elections.
• Routinely educates and mentors board members and community association managers on the Florida Condominium Act, the Florida HOA Act and the Florida Non-Profit Corporation Act.
• Regularly assists community associations with drafting, passing and recording amendments to their declarations, articles of incorporation and bylaws.
• Routinely drafts architectural guidelines, standards and controls for community associations and assists his clients in enforcing same.
• Routinely drafts comprehensive rules and regulations for community associations and assists his clients in enforcing same.
• Routinely drafts and records claims of lien against property owners for delinquent assessments.
• Regularly files actions to foreclosure and for money judgments on behalf of community associations and against owners who are delinquent in paying assessments.
• Consistently defends community associations’ lien rights in lender foreclosure actions.
• Routinely files motions to accelerate lender foreclosure actions, compelling banks to obtain expedited final judgments so that foreclosed properties begin generating assessment revenue for community associations once again.
• Regularly drafts demand letters and estoppel certificates to financial institutions that foreclose on properties, making demand for all amounts owed to associations per Florida Statutes.
• Routinely drafts notices to owners and tenants regarding rules violations, such as unauthorized alterations, parking violations, noise violations and other nuisance violations.
• Regularly assists community associations with issuing fines, implementing use-right suspensions to common elements and voting suspensions for unit owners and tenants who have unpaid assessments and commit other rules violations.
• Routinely drafts demand letters to tenants making demand for payment of rent to associations to satisfy the owners’ past-due assessments.
• Assists community associations with addressing service animal/ support animal requests from unit owners and tenants.
• Regularly advises condominium associations on right of access to units for performing routine maintenance and making necessary repairs pursuant to state law.
• Represents community associations and owners in state court litigation and arbitration for issues involving election challenges, board member recall challenges, property damage issues, covenant violations, and other routine community association issues.
• Assists property owners with recalling board members.
• Routinely drafts legal opinion letters for community associations on difficult issues, including but not limited to, covenant violation issues; board of director election issues; the implementation of online voting; process and procedure for proposing, passing and implementing covenants, rules and regulations; common element maintenance and repair issues; condominium unit maintenance and repair issues; the enforcement of community association architectural controls and standards; liability of lenders who foreclose on properties according to the safe harbor provisions of the Florida Condominium Act and Florida HOA Act; addressing unauthorized material alterations to units, common elements and limited common elements, etc.
• Advises board members on disclosing conflicts of interest prior to approving association contracts pursuant to Florida’s Non-Profit Corporation Act.
• Represents community associations in legal and contractual disputes with vendors.
• Assisted community association with the partition and sale of common property area for redevelopment.
• Regularly assists developers with the turnover process and turnover disputes.
• Regularly assists community associations with the turnover process and turnover disputes.
• Represents community associations in construction defect litigation.

Business Litigation

• Routinely represents businesses in contractual disputes and regularly obtains final judgments in favor of clients.
• Represented building contractor in bench trial involving breach of contract claims against sub-contractor and awarded final judgment in client’s favor for full damages sought.
• Obtained final summary judgment against subcontractor for breach of teaming agreement.
• Successfully mediated settlement between two entrepreneurs in contractual dispute over the purchase and sale agreement for a limited liability company.
• Assisted franchisor in successfully obtaining past-due payments owed from delinquent franchisee under franchise agreement.
• Engaged to file suit against corporation and its officers/directors for continuing to operate business while dissolved.
• Drafted Petition for Writ of Certiorari to Florida’s First District Court of Appeal on behalf of homeowner whose constitutional rights were violated during lender foreclosure action.
• Successfully mediated dispute between business and ex-employee involving covenant-not-to-compete and non-solicitation agreement.
• Engaged to file suit against roofing company for failing to properly install tile roof according to Florida Building Code.
• Represented medical supplies provider at summary judgment hearing and obtained six-figure judgment in client’s favor.
• Engaged to review, edit and revise LLC operating agreements to ensure compliance with Florida’s Revised Limited Liability Company Act.
• Engaged to protect local land developer’s multi-million dollar investment in major construction project.
• Negotiated employment contract between independent contractor and business to ensure the property and business interests of independent contractor were protected.                                           

Creditors’ Rights and Commercial Collections

• Regularly engages to file suit and obtain final judgment against debtors on behalf of creditors with delinquent receivables.
• Routinely assists creditors in pursuing debtors in post-judgment collections, including bank garnishment actions, wage garnishment actions, personal property levies, vehicle levies, and various other post-judgment collection actions.
• Regularly negotiates six and seven figure post-judgment settlement payment plans on behalf of judgment creditors once final judgment has been rendered against debtors.
• Files Proofs of Claims in debtors’ bankruptcy actions to assert creditors’ rights to property for satisfying outstanding judgment balances.
• Routinely obtains relief from the bankruptcy code’s automatic stay for pursuing foreclosure actions against debtors’ real property.
• Successfully represented small business in post-judgment proceedings supplementary action to impute money judgment onto debtor’s LLC.
• Facilitated the assignment of secured interest in real property, allowing judgment creditor to partially secure its outstanding judgment claim.
• Engaged to assist small business with collecting six-figure debt owed by its customer.
• Received full value settlement on behalf of five star resort from several of resort’s prior residents who failed to pay for services rendered.
• Engaged to protect creditor’s secured interest under UCC regarding vehicles where creditor provided lender financing.
• Engaged to domesticate foreign judgment obtained by creditors in Tennessee and to pursue judgment debtor in Florida.
• Engaged to domesticate Florida judgment in Georgia and to pursue judgment debtors in Georgia.
• Obtained six-figure judgment on behalf of financial institution and against debtors for defaulting on personal guaranty for commercial loan.

Real Estate Law

• Routinely files for tenant eviction actions.
• Regularly files motions for and executes on writs of possession for landlords needing to evict tenants.
• Routinely represents clients in eminent domain actions.
• Engaged to assist land developer concerning issues with local government authorities that hindered developer’s construction projects.
• Negotiated settlement payment plan on behalf of land developer and landlord for full value of final judgment against tenant who breached commercial lease for office space.
• Assisted property owner with protecting her interests in residential property after tenants were committing waste.
• Engaged to assist residential landlord in securing prior tenant’s security deposit for damage done to rental property.
• Successfully defended lender foreclosure action on behalf of homeowner.
• Filed memorandum of law in contested seven-figure foreclosure action concerning the banking statute of frauds.

PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME

• “10 Things Newly Elected Community Association Board Members Should Know,”
  Ponte Vedra Recorder, November 2016.
• “What Community Association Leaders Should Know About the FHA and ADA,”
  Ponte Vedra Recorder, April 2017.
• “Community Association Reserve Funding – Pooled Method vs. Component Method,” Lorman Education Services, July 2017.
• “What Community Associations Should Know About the Fair Housing Act,”
  Lorman Education Services, November 2017.
• “Maintenance, Repair and Replacement Responsibility Within Your Condominium Association,” Community Association Institute, Northeast Florida Chapter, quarterly NEFL-CAI Magazine, April 2018.
• “2018 Florida Legislative Updates,” ACC newsletter, June 2018.
• Regular legal writer / contributor to the Community Associations Network online blog for community association professionals.
• “Considerations for Community Associations When Reopening Their Communities and Common Elements Due to COVID-19,” Community Associations Network, May 2020.
• “Application of the Business Judgment Rule to Community Association Board of Directors,” Lorman Education Services, November 2020.
• “A Condominium Owner Did Not Pay the Assessment. How Do I Collect?,” Lorman Education Services, November 2020.

• “Board Member Education Certification for HOAs and COAs,” RealManage Property Management, Thirsty Thursday Webinar Series, March 2023

• CAM Masters: Understanding New Condo Safety Law Educational Panel Discussion, Community Association Institute, Northeast Florida Chapter, January 2023

• “HOA Covenant Violation and Fining Process,” Cobb & Gonzalez Webinar Series, December 2022

• “Board Member Education Certification for HOAs and COAs,” Cobb & Gonzalez Webinar Series, November 2022
• “Developer Turnover for Community Associations,” Cobb & Gonzalez Webinar Series, October 2022

• “Board Member Certification for HOAs,” Cobb & Gonzalez Webinar Series, September 2022
• “Community Association Emergency Powers & Hurricane Preparedness,” Community Association Institute, Northeast Florida Chapter, August 2022

• “2022 Legislative Changes to Florida’s Community Association Laws,” Cobb & Gonzalez Webinar Series, July 2022

• “HOA Covenant Violation and Fining Process,” Cobb & Gonzalez Webinar Series, June 2022

• “Board Member Education Certification for HOAs and COAs,” Cobb & Gonzalez Webinar Series, May 2022
• “Community Association Emergency Powers Hurricane Preparedness,” Cobb & Gonzalez Webinar Series, April 2022
• “Developer Turnover for Community Associations,” Cobb & Gonzalez Webinar Series, March 2022
• “Board Member Education Certification for HOAs,” Cobb & Gonzalez Webinar Series, February 2022
• “HOA Covenant Violation and Fining Process,” Cobb & Gonzalez Webinar Series, January 2022

• “2021 Condominium and Construction Law Legislative Update” First Service Residential quarterly CAM meeting, July 2021

• “Legal Hot Topics: Emergency Powers, Short Term Rentals and Emotional Support Animals,” Community Association Institute, Northeast Florida Chapter, January 2021

• “Navigating Community Associations Through the COVID-19 Pandemic,” Community Association Institute, Northeast Florida Chapter, April 2020.

• “Handling Delinquent Customers: Legal Action and Collection Methods,” Lorman Seminars, May 2019.

• “Community Association Board Member Certification Course,” Community Association Institute, Northeast Florida Chapter Expo, April 2019.

• “Community Association Board Member Certification Course,” Community Association Institute, Northeast Florida Chapter Expo, May 2018.

• “Handling Delinquent Customers: Legal Action and Collection Methods,” Lorman Seminars, April 2018.

• “Community Association Common Element Restoration and Repair,” Community Association Experts Group, February 2018.

• “2017 Legislative Update for Community Association Law,” Community Association Institute, Northeast Florida Chapter, July 2017.

• “Legal Aspects of Condominium and Homeowners Associations in Florida,” Lorman Seminars, September 2016.

• “What to Expect in 2016 for Community Association Law,” Community Association Institute Northeast Florida Chapter, January 2016.

• “Legal Aspects of Condominium and Homeowners Associations in Florida,” Lorman Seminars, September 2014.

• “Homeowners’ Association Board Member Certification Course,” CAM CE approved course by the Department of Business and Professional Regulation, Division of Condominiums, (regularly scheduled courses).

• “Condominium Association Board Member Certification Course,” CAM CE approved course by the Department of Business and Professional Regulation, Division of Condominiums, (regularly scheduled courses).

• “Community Association Emergency Powers and Hurricane Preparedness,” CAM CE approved course by the Department of Business and Professional Regulation, Division of Condominiums, (regularly -scheduled courses).

• “Developer Turnover for Community Associations,” CAM CE approved course by the Department of Business and Professional Regulation, Division of Condominiums, (regularly scheduled courses).