1. What are the steps a Florida HOA needs to undertake HOA collections? To collect past due fees, a Florida HOA is required to: 1. Send a written notice to the homeowner 2. Apply late fees and interest as per the governing documents 3. File a lien on the property if allowed by the HOA’s…
Due to a number of association-related occurrences in recent years (ranging from the unprecedented collapse of a condo in Surfside to a number of high-profile theft and fraud cases in Miami) the Florida legislature has focused on creating new Florida HOA laws to protect the rights and wellbeing of the homeowners in the state. With…
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…
In Florida, homeowners associations (HOAs) play a crucial role in maintaining the order and safety within residential communities. However, when an association fails in its duty of care, filing a personal injury lawsuit and pursuing legal action against the association may be the only way for an accident victim to make themselves financially whole. Governed…
Selling a property within a homeowner association (HOA) community presents distinct differences compared to selling one outside of such a community. In fact, selling an HOA home involves more steps and has more areas for buyers and sellers to take into consideration. Additionally, buyers must adhere to the HOA’s rules and regulations governing aspects such…
Many people do not want to live in a homeowners association (HOA) and actively resist the formation of an HOA in their community. While being in an HOA community has certain advantages such as marginally higher property values (on average 4% higher property values when compared to similar non-HOA communities) there are often far-reaching disadvantages. …
Homeownership in Florida often involves membership in a homeowners association (HOA), which plays a significant role in shaping the communal living experience. While HOAs provide essential services and maintain community standards, they also introduce a complex set of rules and legal considerations for homeowners. Delving into the intricacies of HOA law in Florida, HOA members…
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…
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…
Living in a condominium comes with its share of responsibilities, and one often unexpected challenge that condo owners may face is the imposition of special assessments by their condominium associations. In the state of Florida, the term “special assessment” is specifically defined by Florida Statute 718.404(24) as “any assessment levied against a unit owner other…
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