Florida has the highest percentage of residential units in the country that are a part of a homeowners association (HOA). Nearly 50 percent of the housing units in the state belong to an HOA. When you are part of an HOA, you do not have unlimited rights as a property owner. Instead, your property is subject to the rules of the HOA. In other words, they can impose restrictions and directions on what you can do with your property. They even have enforcement powers that mean that they can fine you for not following the rules.
It is little surprise that there are countless disputes between homeowners and HOAs in Florida every year. If you have a dispute, never wait to seek help from Consumer Law Attorneys.
Common Examples of HOA Disputes in Florida
The HOA has the power to make and enforce rules. They can also levy fees and fines on homeowners. At times, you may feel like their actions are encroaching on your rights as a homeowner. You may believe that they are acting in an arbitrary and capricious manner. Common examples of HOA disputes include:
- Violation of HOA rules or covenants (CC&Rs)
- Fines and penalties
- Maintenance and repair disagreements
- Access to records
- Board misconduct or failure to follow the bylaws
- Architectural review rejections
- Allegations of selective enforcement or harassment
Know Your Rights as a Homeowner
Even though there are rules that you need to follow as a homeowner, you still have rights under Florida law. In other words, the HOA does not have unencumbered power to do what it chooses. You can pursue your rights and remedies against the HOA in court if necessary. However, you want to do everything in your power to avoid litigation if it is at all possible. The HOA cannot take action against you when it fails to follow its own rules or Florida law.
First, you need to understand both the basis of the dispute and your legal rights in the situation. Each HOA must have bylaws and written policies that clearly state its rules. If the HOA has either brought a rule violation to your attention or they are taking some other action that you do not agree with, their decision must follow their own rules and procedures. Accordingly, you should review the language of the rules to know whether the HOA is interpreting its own guidance properly. In addition, you should also review the governing documents to determine whether there is a dispute resolution mechanism that you need to follow.
Credit: Wikipedia
Remain Calm and Try to Solve the Issue
It is essential to approach any dispute with the HOA as calmly as possible. You are understandably upset when you feel that your rights as a homeowner have been encroached upon. HOA disputes can become bitter in a hurry because of the emotion involved. However, you should refrain from making things personal because it will only inflame the situation.
Not every dispute with the HOA needs to ultimately end in litigation. You can engage in HOA dispute resolution. It is possible to have an exchange of viewpoints, where each of you explain your position to the other. You may be able to point out to the HOA how their action is not supported by their own rules in an attempt to get them to reconsider their own position. You may even consider engaging in mediation as a way to resolve the dispute. A trained third party can oversee your discussions with the HOA, helping you find areas of common ground while working to resolve the dispute.
You Can Take Your Case to Court or Defend Against a Lawsuit
Under Florida law, you have the right to sue an HOA in court if necessary. In some cases, you may be able to seek an injunction, which is when a judge orders them to take a certain action (or refrain from doing what they are already trying to do). You can even be entitled to monetary damages in certain circumstances if you have suffered losses from the HOA’s wrongful conduct (whether they are financial losses or emotional distress).
Your case may come to court because the HOA is trying to take action against you. For example, they may be trying to collect fines that they have wrongfully imposed and trying to place a lien on your home. They may be trying to seek their own injunction against you. In those cases, you need to vigorously defend your own legal rights so that the HOA does not get away with violating its rules and Florida law.
How a Florida HOA Disputes Lawyer Can Help You
The best thing that you can do if you are engaged in a dispute with your HOA is to hire an experienced attorney to guide you through the process. An HOA lawyer can communicate with the HOA on your behalf, keeping you from having to personally engage in the dispute. Your HOA may be less likely to press what may be an incorrect position when they see an experienced attorney across the table from them. The HOA knows it can very well end up in court, having to expend its own attorney’s fees and facing the possibility of a judgment against it. At the very minimum, hiring an HOA lawyer ensures you can effectively present your position, whether it is in discussions with the HOA or to a court.
Contact Us for HOA Advice Today
If you are having difficulty with your HOA, know that you are not powerless in the situation. Your HOA does not get the final say all the time and every time. You may have the ability to sue the HOA, or you may need to defend against a court case that they may file against you. Contact an experienced Florida HOA lawyer at Consumer Law Attorneys to discuss your case. You can schedule a free initial consultation with an HOA attorney by filling out an online contact form or by calling us today at (877) 241-2200.
