Owning a Florida home within a community governed by a Homeowner Association (HOA) can be a positive experience. Shared amenities and slightly elevated home values (on average 4% higher than non-HOA properties in nearby areas) are clear benefits. However, there are also challenges which can lead to HOA disputes. HOA rules and regulations can be strict and, although there is a legal obligation to apply these rules equally, discrimination and harassment do occur. In fact, conflicts between homeowners and their associations are not uncommon. Disputes can arise from a variety of issues. In such instances, homeowners having a clear understanding of their rights and responsibilities, as well as seeking the expertise of an experienced HOA law firm, can make all the difference in reaching a favorable resolution.

Arbitration Requirements

Chapter 720 of the Florida Statutes requires that many HOA related complaints are handled through arbitration rather than in a county court. While arbitration differs from courtroom litigation in key ways, homeowners will still be best served by obtaining representation from an experienced Florida HOA attorney. The assistance of an experienced HOA attorney can make a significant difference in the outcome of an HOA-related dispute.

HOA Legal Matters

Homeowners across Florida consistently encounter the following situations that may cause disputes with their HOA:

Common Area Disputes

In cases where disputes arise over common areas within an HOA, an experienced HOA attorney begins by assessing the governing documents and relevant laws to determine the homeowner’s rights. This may involve evaluating maintenance responsibilities, usage rights, and dispute resolution mechanisms outlined in the HOA’s bylaws. The attorney may engage in negotiations or alternative dispute resolution methods to resolve the issue amicably. If these efforts prove unsuccessful, legal action may be pursued, aiming to enforce the homeowner’s rights and seek remedies, such as injunctive relief or monetary damages, through litigation.

Discrimination/Selective Enforcement

Allegations of discrimination or selective enforcement within an HOA require careful examination of the facts by an HOA attorney. The attorney will assess whether the actions taken by the association are consistent with its policies and governing documents. If evidence of discriminatory practices or selective enforcement is found, the attorney may pursue legal avenues, such as filing a complaint with the appropriate authorities or initiating litigation against the HOA for violations of fair housing laws or breach of contract.

“The assistance of an experienced HOA attorney can make a significant difference in the outcome of an HOA-related dispute.”

Election Fraud or Election Irregularities

In situations involving election fraud or irregularities in HOA board elections, an experienced attorney will investigate the alleged misconduct. This may include reviewing election procedures, scrutinizing voting irregularities, and assessing compliance with the HOA’s governing documents. If substantial evidence of fraud or irregularities is identified, the attorney may guide the homeowner through challenging the election results, seeking a new election, or pursuing legal action to address the violations and uphold the integrity of the electoral process.

Failure to Repair

When homeowners face issues related to the failure of the HOA to perform necessary repairs, an HOA attorney will assess the responsibilities outlined in the governing documents and applicable laws. The attorney may initiate communication with the association to resolve the matter through negotiation or alternative dispute resolution. If these efforts prove unsuccessful, the attorney may pursue legal action, seeking court orders to compel the necessary repairs and potentially seeking damages on behalf of the homeowner for any harm suffered due to the negligence.

Harassment

Cases involving harassment within an HOA require careful examination of the facts and applicable laws by an HOA attorney. The attorney may first attempt to resolve the issue through communication with the association, urging them to address and rectify the situation. If harassment persists, the attorney may pursue legal action, seeking restraining orders or injunctions to protect the homeowner’s rights and well-being. Additionally, the attorney may explore claims of intentional infliction of emotional distress or violation of fair housing laws if applicable.

HOA Rule Violations

When homeowners are accused of violating HOA rules, an HOA attorney will review the governing documents and assess the legitimacy of the accusations. The attorney may engage in negotiations with the association to resolve the matter through compliance or amendments to the rules. If disputes persist, the attorney may represent the homeowner in legal proceedings, challenging the alleged violations based on the governing documents, fair housing laws, or other relevant legal principles.

Home Improvement Disputes

Disputes arising from home improvement projects typically involve a review of the HOA’s architectural guidelines and governing documents by an HOA attorney. The attorney may work to demonstrate compliance with the approved processes or challenge the association’s decisions through negotiation or alternative dispute resolution. If necessary, legal action may be pursued to protect the homeowner’s right to make improvements in accordance with the established guidelines.

Negligence

In cases where negligence by the HOA results in harm to a homeowner or their property, an HOA attorney will assess the facts, applicable laws, and governing documents. The attorney may engage in negotiations to reach a settlement that addresses the damages and facilitates necessary corrective actions by the association. If a resolution cannot be achieved through negotiation, the attorney may initiate legal proceedings, seeking compensation for the homeowner’s losses and holding the HOA accountable for its negligence.

The Role of the HOA Attorney

An HOA attorney plays a pivotal role in mediating and resolving disputes between homeowners and the community associations overseeing their neighborhoods. The first critical step taken by an experienced HOA attorney is to assess the case thoroughly and determine the most effective course of action. This initial evaluation involves delving into the specifics of the dispute, scrutinizing relevant documents, and considering all available legal and alternative dispute resolution avenues. Notably, the attorney aims to ascertain whether legal action is warranted or if alternative approaches, such as negotiation or mediation, would be more prudent based on the unique circumstances of the case.

Once the decision to proceed with legal representation is made, an HOA attorney typically initiates the process by formally notifying the association or its legal representative. This notification is often conveyed through a letter stating that the homeowner is now represented by legal counsel. Importantly, this letter signifies a shift in communication protocols. All future correspondence, including notices, demands, or inquiries related to the dispute, is directed to the HOA attorney rather than the homeowner directly. This strategic move not only establishes a clear channel for communication but also ensures that the homeowner is shielded from potential adversarial interactions, allowing the attorney to handle the dispute on their behalf.

The HOA attorney serves as an advocate for the homeowner’s interests, employing legal expertise to deal with the intricacies of community association governance and applicable laws. Whether the dispute revolves around architectural modifications, fee assessments, or covenant enforcement, the attorney’s role is to provide guidance, advocate for their client’s rights, and work towards a resolution that aligns with the homeowner’s objectives. Through skillful negotiation, diligent legal analysis, and a commitment to protecting the homeowner’s rights, an experienced HOA attorney acts as a valuable ally in the pursuit of a fair and favorable outcome in homeowner association disputes.

South Florida Law

Do you have a complaint against your HOA, condo association (COA) or other housing association (such as a mobile home 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.