HOA and Association Law

As a Florida homeowner, condominium owner, or member of an association board, you may encounter legal issues related to your association’s rules and regulations, property disputes, or financial matters. At South Florida Law, our experienced association law attorneys can help you handle the complex decisions related to homeowner associations (HOAs), condo associations (COAs) and mobile home communities.

Governing Laws

South Florida Law attorneys have the experience and knowledge required to effectively represent the interests of either associations or their members anywhere in the State of Florida. 

In Florida, Chapter 720 of the Florida statutes governs the creation and management of HOAs while Chapter 718 of the Florida statutes governs the creation and management of COAs.  Mobile home rental communities are regulated by Chapter 723 of the Florida statutes. These statutes provide structure and governance around how these associations are formed, the roles and selection methods for leadership, the rights and responsibilities of board members, the rights and responsibilities of community members, what specific association documentation may include, and how board members may enforce rules and bylaws that are specific to their associations.

Representing associations or homeowners in Florida requires a thorough understanding of Florida statutes related to HOAs, COAs, and mobile homes and other Florida statutes such as the Florida Civil Rights Act of 1992, Federal laws such as the Fair Housing Act and the Americans with Disabilities Act, and county and city ordinances and codes.

In addition to the varying levels of law that have to be taken into account, each case requires a thorough review of a specific association’s covenants, conditions & restrictions (CC&Rs) and bylaws.

South Florida law has the depth and resources to review all the legal documentation and related laws that pertain to each case and develop an optimal legal strategy for our clients.

Our Services

We provide a wide range of legal services related to HOA, condo association law, and mobile home park rental communities including:

1. Interpretation of association documents: We can help you understand your association’s bylaws, covenants, conditions, and restrictions, and assist you in resolving any disputes that may arise.

2. Compliance and enforcement: Our attorneys can advise you on the proper procedures for enforcing association rules and regulations, and can represent you in disputes with other homeowners or the association.

3. Dispute resolution: We have experience in mediation, arbitration, and litigation of HOA and condo association disputes, including disputes over property boundaries, assessments, and enforcement of rules and regulations.

4. Collection of assessments: We can assist your association in collecting delinquent assessments, including filing liens and foreclosure actions, and can represent homeowners in disputes related to assessments.

5. Governing document amendments: We can help your association amend its governing documents, such as bylaws or CC&Rs, to better meet the needs of its members.

Choosing South Florida Law

Our attorneys have extensive experience in HOA and condo association law, and we have successfully represented both associations and individual homeowners in a wide range of legal matters. We pride ourselves on providing personalized attention to each client and working to achieve the best possible outcome for their legal matter.

We understand the unique challenges facing homeowners and associations, and we are committed to providing clear, effective legal solutions tailored to your specific needs.

Specific Cases

South Florida law can provide the necessary legal support for association related cases such as:

When representing associations …

• Drafting legal documents or clarifying wording, rights and obligations in legal documents
• Engaging in negotiations with homeowner’s attorneys 
• Implementing liens or ensuring payment of HOA fees
• Providing representation for your HOA in court if a resolution is not reached
• Pursuing collections from residents who are not in compliance

Sample areas of representation for homeowners …

• Personal injury claims against negligent associations
• Applying restrictions on further land development
• Making additions to existing home structures
• Matters related to aesthetic regulations (color scheme prohibitions, flag restrictions, fence height requirements etc.)
• Harassment, bullying, discrimination or unequal treatment by an association
• Implementing regulations on common areas with high traffic
• Fighting restrictions on pet ownership
• Taking other legal action against a board, a board member or multiple board members

Contact Us

If you need legal advice or representation related to HOA and condo association law, contact us today to schedule a consultation. Our attorneys are here to help you navigate this complex area of law and achieve the best possible outcome for your legal matter.