Patrick C. Howell

Senior Attorney

phowell@bplegal.com
Professional Experience

Patrick Howell concentrates his practice in the area of community association law providing a variety of legal services to condominium, homeowner, cooperative and timeshare associations, with particular emphasis on construction litigation and specifically, construction defects litigation. Early in his career, he  concentrated in the areas of insurance defense, appellate litigation, contract law, employment law and commercial litigation.  

Patrick successfully represented his client, Lake Roberts Landing HOA, in a case before the Fifth District Court of Appeal establishing that a) a developer that establishes reserve funds must fully fund those reserves in accordance with Chapter 720, Florida Statutes, and b) a developer may not waive the funding of reserves (Meritage Homes v. Lake Roberts Landing). Since this ruling, Patrick has represented numerous Florida HOAs in claims against developers for missing reserve funds.

 

Board Certified in Construction Law by the Florida Bar, Mr. Howell successfully represented Lakeview Reserve HOA in a landmark case before the Florida Supreme Court (Maronda Homes v. Lakeview Reserve). In a ruling that amounts to a real victory for homeowners, the Supreme Court ruled that the implied warranties of fitness and merchantability apply to improvements that provide essential services to the community, such as private roads and drainage systems, and further ruled that the Florida Legislature’s attempt to curtail such warranties is in large part unconstitutional.

In additional to the Florida Supreme Court, Mr. Howell has also represented clients in cases before Florida’s First, Second, and Fifth District Courts of Appeal.

 
In law school, Patrick clerked for the U.S. Department of Justice and the Florida Department of Environmental Protection, and he was a Dean’s List Scholar.

 

Speaking Engagements

On April 4, 2017, Patrick held a “Lunch & Learn” at the University of North Florida in Jacksonville for HOA board members and property managers and taught his one hour course “HOA Construction Defects 101.”

  

On March 31, 2017, Mr. Howell spoke to members of the Central Florida Chapter of the Community Association Institute at their annual Tradeshow in Orlando, and presented the course “Navigating the Litigation Quagmire.” During the one hour course, property managers learned what they can expect if their association goes to court or arbitration over a claim, and what they need to do to preserve evidence and make a good witness when testifying on behalf of the associations they manage. Mr. Howell presented this course again May 19, 2017, to members of the Northeast Florida Community Association Institute at their 2017 Expo.

 

On February 23, 2017, Patrick presented his course “Condo Construction Defects 101” to property managers for FirstService Residential at their Altamonte Springs office. This one hour course for CEU credit provided the managers in attendance with information on the legal procedures involved with pursuing a construction defect claim on behalf of a condominium association.

On April 26, 2016, Patrick Howell spoke to condominium board members and property managers at the Northeast Florida Community Association Institute’s 2016 Expo. The one hour course, “Condominium Construction Projects Gone Wild!”, offered managers and board members an opportunity to learn about how to avoid pitfalls and successfully manage any size construction project at their condominium.

 

 Activities & Memberships

  • The Florida Bar (Member, Trial Section; Board Member, Special Committee on Diversity and Inclusion)
  • Member of the Orange County Bar Association Construction Law Committee
  • Orange County Bar Association
  • Board Member, Orlando Youth Alliance
  • Former Board Member, Frederick Leadership Initiative
  • Former Chairman, Orange County Affordable Housing Citizen Advisory Board
Bar Admissions
  • Florida, 1995
Court Admissions
  • United States District Court for the Middle District of Florida
  • United States District Court for the Southern District of Florida
Education
  • Samford University, B.S., 1992
  • Vermont Law School, J.D., 1995; Dean's List