Hans C. Wahl joined Jimerson & Cobb in 2012, where his legal experiences encompass a broad spectrum of real estate law and business and commercial litigation matters.  Mr. Wahl’s practice areas focus on Community Association Law, representing condominium associations, HOAs and individual unit owners; Business Litigation; Banking and Lender Liability Law; and Creditor’s Rights and Commercial Collections.

Mr. Wahl helped Jimerson & Cobb establish a niche practice in community association law.  He currently represents various condominium and homeowners’ associations throughout Florida, handling everything from complex real estate issues to day-to-day legal needs. This includes developing assessment collection strategies, drafting opinion letters, filing claims of lien, initiating foreclosure actions, defending lender foreclosure actions, document drafting, assisting associations with issuing fines and suspending use rights, resolving association/unit owner disputes, amending declarations and bylaws, and investigating property title issues, among various other legal work. Mr. Wahl ensures his association clients are optimizing their assessment revenue, properly enforcing their covenants and restrictions, and protecting their financial interests, legal interests, and property rights.

Prior to becoming an attorney, Mr. Wahl was a business major graduating from the University of Florida’s Warrington College of Business, earning dual degrees in Finance and Business Management. He worked for nearly a decade within the financial industry for two Fortune 500 companies, and he considers those experiences to have been invaluable to his current legal career as a business and commercial litigator.  Mr. Wahl utilizes his extensive business background and financial industry knowledge to better serve his corporate clients in matters involving AR collections, business torts, franchising, corporate formation, secured transactions, bankruptcy issues, contract negotiations, and various contractual disputes.

Mr. Wahl earned his Juris Doctor from Florida Coastal School of Law, graduating magna cum laude and in the top three percent of his class. During law school, he was a Law Review staff editor and member of both the Moot Court and Mock Trial organizations.  He additionally served two years as board member and treasurer for the Christian Legal Society at Florida Coastal School of Law.  Mr. Wahl is a member of both the Florida Bar and the Georgia Bar and is licensed to practice law in both states.

Born and raised in Jacksonville, Florida, Mr. Wahl represents the third generation of his family who chose to make Jacksonville his home. He grew up on Jacksonville’s Westside, participating in sports such as soccer, baseball, and track and field.  Mr. Wahl currently resides in Orange Park with his wife and two dogs.  His interests include running, weight training, Florida Gator sports and the Jacksonville Jaguars.

Bar and Court Admissions

  • The Florida Bar
  • The Georgia Bar
  • U.S. District Court, Middle District of Florida
  • U.S. Bankruptcy Court, Middle District of Florida
  • U.S. District Court, Middle District of Georgia
  • U.S. Bankruptcy Court, Middle District of Georgia

Education

  • Florida Coastal School of Law, J.D.
    magna cum laude
    Law Review, Moot Court, Mock Trial, Dean’s Honors
  • University of Florida, B.S. -Double Major Finance and Business Management.
    Golden Key National Honors Society

 

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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
  • The Georgia Bar
  • The Jacksonville Bar Association
  • The Florida Bar, Young Lawyers Division
  • The Florida Bar, Business Law Section
  • The Jacksonville Bar Association, Young Lawyers Section
  • The University of Florida Alumni Association and local Gator Clubs
  • The Jacksonville Chamber of Commerce
  • Community Association Institute
  • Florida Coastal School of Law – Alumni Member
  • Christian Legal Society (FCSL Chapter)
  • American Bar Association
  • The Tim Tebow Foundation
  • Junior Achievement
  • Leukemia and Lymphoma Society

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Condominium and Homeowners’ Associations Law

  • Routinely develops formal collection strategies and policies for community associations for the enforcement and collection of assessments.
  • Regularly facilitates community association annual 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 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.
  • Filed arbitration petition and declaratory action on behalf of property owners challenging the annual election of board of directors
  • Assisted property owners with recalling board members.
  • Represented community association in bench trial involving unpaid assessments and other charges levied against a property owner and awarded final judgment for association for full damages sought.
  • Drafted opinion letter for community association regarding the implementation of online voting.
  • Drafted opinion letter for condominium association on the process and procedure for proposing, passing and implementing new rules and regulations.
  • Drafted opinion letter for condominium association on the responsibility for landscaping expenses on association property pursuant to its governing documents.
  • Drafted opinion letter concerning the enforcement of community association architectural controls and standards.
  • Drafted opinion letter on the liability of lenders who foreclose on properties according to the safe harbor provisions of the Florida Condominium Act and Florida HOA Act.
  • Drafted opinion letter addressing unauthorized material alterations to units, common elements and limited common elements.
  • Advised board members on disclosing conflicts of interest prior to approving association contracts pursuant to Florida’s Non-Profit Corporation Act.
  • Drafted opinion letter for homeowners’ association on granting variances to certain covenants and restrictions, such as parking restrictions.

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.

Business Litigation

  • Routinely represents businesses in six and seven dollar figure 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 agreement 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.

Banruptcy Law

  • Drafted and submitted a brief to the U.S. Bankruptcy Court for the Middle District of Florida in regards to seeking relief from the automatic stay against a debtor who violated state and federal law during previous legal proceedings with our client.
  • Represented our client in an evidentiary hearing before the U.S. Bankruptcy Court for the Middle District of Florida
  • Presented a successful argument before the U.S. Bankruptcy Court for the Middle District of Florida involving a matter of first impression within the Eleventh Circuit.
  • Regularly and successfully obtains relief from the bankruptcy code’s automatic stay in order to continue foreclosure actions toward final judgments and foreclosure sales.
  • Successfully obtain relief from the bankruptcy code’s automatic stay in order to continue foreclosure actions to final judgment and foreclosure sale.
  • Successfully challenged a debtor’s bankruptcy filing at a 341 creditor’s meeting.
  • Regularly files Proofs of Claims in debtors’ bankruptcy actions to assert creditors’ rights to property for satisfying outstanding judgment balances.

Banking and Lender Liability Law

  • Negotiated settlement agreement in seven-figure foreclosure action concerning the banking statute of frauds.
  • Engaged to assist local bank with assessing risk and evaluating collateral regarding a line of credit with multiple guarantors.
  • Negotiated settlement on behalf of local bank in action against business owners who failed to honor the personal guaranty for line of credit.
  • Successfully challenged debtor’s bankruptcy filing at 341 creditor’s meeting.

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.
  • Engaged to defend eminent domain action.
  • 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

Presentations

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

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 2016.

November 2016

Hans Wahl advises of the “10 Things Newly Elected Community Association Board Members Should Know.” Read the full Ponte Vedra Recorder article here.