In the realm of homeowners associations (HOAs) in Florida, legal challenges are not uncommon, and understanding the most prevalent issues can empower homeowners and board members alike. Drawing insights from hundreds of Florida HOA-related legal inquiries received by South Florida Law over five years, we delve into the seven most common complaints, shedding light on each and offering guidance on these complex situations.

1. Inconsistent Treatment

One frequent legal complaint involves inconsistent treatment by HOAs. Florida Statutes Chapter 720.305 emphasizes the responsibility of HOAs to consistently and fairly enforce community governing rules. Discrimination, wherein rules are selectively enforced, can lead to legal action. Importantly, Florida’s Fair Housing Act and the Federal Fair Housing Act prohibit discrimination based on protected statuses, emphasizing the need for uniform treatment within HOAs.

2. Undeserved Citations

Undeserved citations pose another challenge. Some fees charged for alleged violations lack a legal basis and can be challenged with the assistance of an experienced HOA attorney. Recognizing that not all undeserved citations stem from malice, it’s crucial to understand that volunteer board members may lack professional-level competency, resulting in misinterpretations and incorrect enforcement.

3. Harassment

Accusations of harassment against HOAs are not uncommon. These may involve singling out individuals with warnings, citations, or other enforcement actions. While homeowner suspicion isn’t sufficient evidence, an experienced Florida HOA attorney can gather necessary proof to assess the viability of a legal case.

4. Financial Impropriety

Financial impropriety within HOAs, including commingling funds and mishandling repair allocations, is a serious concern. Whether stemming from foul play or ignorance, understanding state statutes, local ordinances, and association bylaws is crucial. Legal action may be warranted when financial mismanagement is evident.

“Accusations of harassment against HOAs are not uncommon.”

5. Inadequate Maintenance

Maintaining common areas is a statutory requirement for HOAs, directly tied to financial management. Inadequate maintenance often results from poor funds management, potentially forming the basis for legal action against the association. Understanding the connection between fees and common area upkeep is key for homeowners.

6. Exceeding Board Authority

While HOAs have authority akin to government bodies, there are limits to infringing on homeowners’ rights. Certain areas, such as the display of the US flag or specific military flags, are protected. A seasoned Florida HOA lawyer can assess whether prohibitions align with state statutes or association bylaws.

7. Negligent Security

The authority vested in HOAs comes with the responsibility to ensure a reasonable level of security for homeowners. This extends beyond basic measures like security guards and road maintenance to encompass fire safety and addressing hazards. Legal arguments may arise when an association’s actions or lack thereof contribute to personal injuries on the property.

The Importance of an Attorney

Understanding these common legal challenges within Florida’s HOAs is crucial for homeowners and board members alike. Working through the complexities with the guidance of experienced legal professionals can help ensure fair treatment, compliance with regulations, and the protection of homeowners’ rights. It is important to work with legal professionals with specific area experience in HOAs, COAs and other housing associations. Check their credentials and online reviews for additional peace of mind.

South Florida Law

Do you have a complaint against your HOA, COA or other housing association in Florida?

Attempting to take legal action against your association or its leadership can be complex, so it is important to have an experienced HOA/COA attorney on your side. At South Florida Law, we have represented clients in a wide range of HOA and COA disputes, and we can help you to achieve a just resolution.