For homeowners in Florida’s residential communities governed by homeowners associations (HOAs), condominium owners associations (COAs), or mobile home rental communities, disputes with the governing association can quickly escalate into legal battles. In suing a Florida HOA or other association, whether it’s over assessments, rule violations, or board elections, homeowners may find themselves needing to find the right attorney to defend their rights.

A Frequent Occurrence

While no homeowner wants to end up feuding with their neighborhood association, it’s an unfortunate reality for many in Florida’s homeowner-governed communities.

In fact, Florida ranks second (after California) for the highest volume of HOA disputes in the nation.

Understanding the lopsided dynamics of legally challenging these associations and being prepared for the mandatory processes involved is crucial for homeowners seeking to defend their rights when conflicts arise.

Areas to consider

However, the road to resolving conflicts with these associations through legal channels has some unique challenges that homeowners need to be aware of.

Mandatory Initial Grievance Process

Under Florida statute, homeowners in a dispute with their residential association must first go through the proper grievance process outlined in the community’s governing documents before pursuing legal action. This typically involves filing an official written complaint through the required channels and allowing the association to respond before escalating further. Failing to follow this initial process can undermine a homeowner’s case later.

Mediation Is Likely Required First

Another key factor is that most residential association disputes in Florida must first go through mediation before a case can proceed to arbitration or court. This mediation phase aims to have both sides negotiate with the assistance of a neutral third-party mediator to try reaching a compromise solution. Skipping mediation weakens the legal standing and is likely to simply delay the process.

Mandatory Binding Arbitration

Possibly the biggest challenge facing Florida homeowners in legal battles with associations is that the final resolution will likely happen through closed-door, binding arbitration – not through the public court system. The arbitration ruling cannot be appealed, allowing associations to avoid setting legal precedents that could hurt them in the future. With limited ability to appeal, arbitration presents a significant hurdle compared to taking the matter to county court.

Associations Have Their Own Lawyers

The first factor to consider is that HOAs, COAs, and mobile home community associations don’t go into legal disputes alone – they have attorneys representing their interests. These associations are run by boards that collect fees from all resident owners that help cover these legal costs. Many associations therefore have considerable funds at their disposal to afford legal costs.

Under Florida statute, homeowners in a dispute with their residential association must first go through the proper grievance process outlined in the community’s governing documents before pursuing legal action.

What’s more, many associations rely on very experienced property management companies to handle disputes. Property management companies often have their own legal counsel which they can use to augment the legal team of the association they work for.

So in any legal matter, an individual homeowner will be up against the association’s lawyers who are being paid from the community’s funds as well as the possibility of facing the legal representatives of the property management company.

In this situation, it’s crucial that the homeowner seek legal advice from an experienced legal counsel who has a track record of success handling HOA and other association disputes in Florida.

Working with South Florida Law

South Florida Law is the region’s foremost legal firm for handling homeowner disputes with HOAs, COAs, or mobile home rental communities. We aggressively represent our clients against the associations that fail to recognize the rights of their homeowner members. With 116 five-star reviews, South Florida Law has the resources of a large law firm as well as the attention to detail and partner-level involvement of a boutique-sized firm.

If you are currently in a dispute with your Florida-based HOA or other association, then contact us today for an initial consultation by calling (954) 900-8885 or reaching out to us via our contact form.