Firm Secures Dismissal in HOA Litigation Based on Procedural Defenses

By Erum S. Kistemaker

This month, our firm achieved a significant victory on behalf of a homeowners association when the court dismissed a lawsuit alleging stormwater system failures. The dismissal was granted on the grounds that the plaintiffs failed to comply with the mandatory pre-suit dispute resolution procedures under Section 720.311, Florida Statutes, and failed to state a cause of action.

This outcome highlights the critical role of statutory preconditions in HOA litigation and reflects our Firm’s commitment to protecting associations through strategic and effective legal advocacy.

Erum Kistemaker, Managing Attorney

Erum Kistemaker

Managing Attorney

Legal guidance for businesses, associations, and property owners, bringing clarity and confidence to every matter.

Case Evaluation

Stay Connected With Us

Follow our latest posts, updates, and insights straight from our Instagram.

Kistemaker Business Law Group on Instagram: profile and recent posts (opens Instagram in a new tab)
View Instagram

Strong Representation

“Erum Kistemaker has been so helpful in resolving our condominium issues. We are extremely happy with the insightfulness and strong representation that she brings.”

Attention to Detail

“The entire team at Kistemaker Business Law Group are amazing. I was really impressed with their attention to detail, their knowledge of case law, and their level of organization.”

Indispensable Services

“On behalf of our HOA, Kistemaker Law has performed beyond all expectations. In guiding our board and community through difficulties, Kistemaker has been indispensable.”

View Testimonials

Trusted by

Frequently Asked Questions

What types of legal issues does Kistemaker Business Law Group handle?

We offer legal guidance and representation in business law & litigation, real estate law, condo & HOA law, construction law, corporate & LLC law, landlord-tenant issues, and property insurance claims.

What areas in Volusia and Flagler Counties do you serve?

We provide specialized legal counsel to clients across the entire Halifax area and beyond. While our office is in Ormond Beach, we frequently represent clients in:

  • Volusia County: Daytona Beach, Daytona Beach Shores, Port Orange, Deland, Deltona, and New Smyrna Beach.

  • Flagler County: Palm Coast and Flagler Beach.

Do you work with both businesses and individual property owners?

Yes — we serve businesses, associations, property owners, landlords, tenants, and developers throughout Volusia & Flagler Counties.

How can Kistemaker Business Law Group help my business with formation and compliance?

Our attorneys assist with entity formation (LLCs/corporations), compliance, contracts, governance, and ongoing legal counsel to help businesses start, grow, and operate confidently in Florida.

Can you help with landlord-tenant disputes?

Absolutely — we provide legal support for both commercial and residential landlord-tenant matters, including lease enforcement, dispute resolution, and eviction proceedings.

What experience does the firm’s leadership bring?

Managing attorney Erum Kistemaker has over 25 years of experience in business, property, construction, and condo/HOA law and holds prestigious recognitions including Super Lawyer status and AV Preeminent® rating.

What sets Kistemaker Business Law Group apart from other law firms?

We combine practical, client-focused legal strategy with deep experience in business and property law — offering tailored solutions and clear communication throughout the legal process.

Are there services available for property insurance disputes?

We provide legal representation for policyholders navigating coverage questions, claims disputes, denied benefits, and post-loss issues.

How do I schedule a consultation with your law firm?

You can contact the firm via phone or the online form on the Contact page to request a consultation, where we’ll discuss your legal needs and next steps.