community development districts

Growth Management

In the 1980’s, Florida enacted landmark growth management laws which required development to resolve lagging infrastructure needs. As a result, developers and local governments have looked for alternative means to finance roads and other infrastructure. With that trend has come the growth of the Community Development District (“CDD”) as a funding mechanism.

A CDD is a special purpose unit of local government established under Chapter 190, Florida Statutes, with certain limited governmental powers, including the power to levy assessments or taxes and issue bonds. More than 500 CDD’s are now in use throughout the state. We have been active in CDD legal work for more than 20 years.

General Counsel

We act as general counsel to a number of CDD’s, which involves day-to-day legal representation, bond issuance matters, construction and bidding matters, public records and ethics, and other matters.

We believe that we bring a very useful set of skills to this representation, since we understand both the development and local government functions of the CDD.

Our representation in some CDD’s began at their inception and continues. In other cases, we have become involved and assisted CDD’s which are transitioning from developer to resident control.

Litigation Counsel

The general downturn in the Florida real estate market has resulted in certain unprecedented challenges for CDD’s because of special assessment defaults, construction completion and payment issues and lien contests. A number of CDD’s have sought out our services to prosecute assessment enforcement actions and to otherwise assist in these challenges.

Consulting

We also consult with developers or investors who are interested in utilizing a CDD development structure or may be considering a property acquisition within an existing CDD and wish to understand assessment and other CDD-related obligations.

Community Development Districts

Clark & Albaugh, LLP

1800 Town Plaza Court
Winter Springs, FL 32708

Phone: 407-647-7600
Facsimile: 407-647-7642