Condo Association and HOA Law

Quick-Read Summary (TLDR) New Florida legislation mandates access to HOA electronic records for associations with 100+ parcels by January 1, 2026, requiring them to maintain specific documents on a secure website or app.  Homeowners can request access to these digital records, which must include governing documents, financial statements, and meeting notices. Failure to provide timely…

Quick Read Summary (TLDR) This article explores the fine line between legitimate homeowners association (HOA) enforcement and harassment, particularly under Florida law. HOA harassment often involves repeated, intrusive actions that go beyond fair rule enforcement, such as selective targeting, excessive fines, or invasion of privacy.  Discriminatory enforcement, especially against protected classes, constitutes illegal harassment and…

Florida homeowners associations maintain various covenants to preserve property values and community standards. Understanding common restrictions in Florida HOA covenants helps potential homebuyers make informed decisions and existing owners maintain compliance. Architectural Controls in Florida HOA Covenants Chapter 720 of Florida Statutes provides the legal framework for Florida HOA covenants, including architectural restrictions. Most communities…

Florida law provides specific procedures homeowners associations must follow when filing liens against property owners. While determining how to file a lien, understanding these requirements helps associations protect their interests while complying with legal obligations. Pre-Lien Requirements Before filing a lien, Chapter 720 of Florida Statutes requires associations to follow specific preliminary steps. The process…

The creation and termination of Florida condominium declarations involve complex legal procedures governed by state law. These processes require careful attention to detail and stakeholders can benefit from professional legal guidance by an experienced real estate attorney with a track record of success in the condominium owners association (COA) law. Creating a Florida Condominium Declaration…

Quick-Read Summary (TLDR) Effective HOA collections in Florida require well-crafted policies that comply with Chapter 720 of Florida Statutes, establishing clear procedures for handling delinquent accounts including payment schedules, late fees, and consequences of non-payment. Early and consistent communication with homeowners, including courteous reminders and professional documentation, helps prevent collection problems and is essential for…

The role of Homeowners Association boards in Florida carries significant responsibilities and potential pitfalls. Drawing from state laws, regulatory guidance, and established best practices, successful Florida HOA board governance requires careful attention to both recommended and prohibited actions. Recommended Actions State statute requires Florida HOA boards to maintain detailed financial records. Successful boards go beyond…