Why Your HOA’s Attorney Is Not Your Attorney — And Why You May Need Your Own

Many Florida homeowners misunderstand the role of the attorney hired by their condominium or homeowners’ association. It’s easy to assume that because you pay dues (and a portion of those dues fund legal expenses), the association’s attorney is also your attorney. But under Florida law, that is not the case. If you need a Boca Raton, FL HOA lawyer who can help you with issues you are having with your HOA or management company, Perez Mayoral, P.A. is here to help.

In reality, the association’s attorney represents the association as a legal entity — not individual unit owners. That means if you are having a dispute with your board, or you believe the association is not protecting your rights, the association’s attorney will be working against you, not for you.

The Law Is Clear: The Association’s Attorney Does Not Represent You

The principle was explained by the First District Court of Appeal in Silver Dunes Condominium of Destin, Inc. v. Beggs and Lane, 763 So. 2d 1274 (Fla. 1st DCA 2000).

In that case, unit owners were dissatisfied with how the association’s attorney handled legal advice after a hurricane destroyed the condominium. They filed a malpractice action, claiming the attorney’s advice delayed reconstruction and caused them rental income losses.

The court, however, ruled against the owners. It held that:

• An attorney representing a condominium association does not become the attorney for individual unit owners.
• Even if unit owners indirectly benefit from the attorney’s actions, that does not create an attorney-client relationship.
• Just like attorneys for corporations do not represent shareholders, association attorneys do not represent individual owners.

This means no matter how much you pay in dues, you cannot rely on the association’s lawyer to protect your personal interests.

Why You May Need Your Own HOA Attorney

It’s not enough to assume that because your association has an attorney, what they are doing is right. In fact, Florida homeowners often find themselves misled or even directly harmed by the very attorneys their dues help to pay. Here’s why:

• The attorney works for the board, not you. Under Florida law, the association’s counsel represents the corporation — meaning the board of directors — not individual unit owners. That’s true even though your assessments pay the attorney’s fees.
• Boards control who gets hired and fired. In practice, HOA attorneys want to keep the board happy because the board is their client. The president and directors are the ones who decide whether to continue or terminate the attorney’s services. That creates an incentive for association counsel to “back up” the board’s position — even when that position is wrong.
• Advice tailored to the board, not the truth. We’ve seen countless examples where HOA attorneys essentially give the board the advice it wants to hear. Instead of providing objective legal analysis, they craft arguments that justify the board’s decisions.
• Letters filled with misinformation. In many cases, association attorneys write letters or legal opinions directed at unit owners that are misleading at best, and outright false at worst. These letters often:
  • Mischaracterize what the governing documents actually say.
  • Ignore or distort statutory duties under Florida law.
  • Overstate the board’s authority to enforce certain restrictions.
  • Dismiss valid homeowner rights as if they don’t exist.

• Intellectually dishonest opinions. At their worst, HOA attorneys issue opinions that twist the law to fit the board’s desired outcome. In our experience, these “opinions” are often written with the goal of intimidating owners into compliance rather than reflecting what the law and governing documents truly require.

For homeowners, this creates a dangerous situation. The board has an attorney, the attorney issues letters on law firm letterhead, and owners are led to believe that whatever the attorney says must be legally correct. But that is simply not the case.

Bottom line: The fact that “the association’s attorney said so” does not make it true. If your rights as a homeowner are on the line, you need your own attorney to review the documents, explain the law, and fight for your interests — because the association’s lawyer never will.

Why Perez Mayoral, P.A. Is Different

Florida is full of “HOA attorneys.” But here’s the truth: nearly all of them represent associations, not homeowners.

At Perez Mayoral, P.A., we are one of the few firms in Florida dedicated exclusively to representing homeowners against their HOAs and condominium associations. We never represent associations.

What makes us stand apart?

• Insider knowledge: Our shareholder, Erik Perez, worked for some of the largest and most prominent association law firms in South Florida. He now uses that inside experience to fight on behalf of homeowners.
• Not a solo shop: Many solo attorneys are capable, but they’re often juggling everything—marketing, networking, running an office—while also trying to handle cases. That can mean divided attention and delays. At Perez Mayoral, P.A., we are a full-scale litigation firm with over 10 attorneys. Under our partner-and-associate model, senior lawyers set strategy while associates focus solely on moving cases forward. You’re not chasing down a stretched-thin solo; you’re backed by a team dedicated to pre-suit negotiations, trials, and appeals, with the resources to take on associations head-to-head.
• Premier litigation office: We are the “real deal” — not just on paper. We have a brick-and-mortar office where our attorneys and staff work together daily as a team. We prepare cases the way serious litigation offices do: strategically, collaboratively, and with the resources to take your case from start to finish.
• Focused practice: Because we only represent homeowners, we know the strategies associations use — and how to defeat them.

The Premier Florida Law Firm For Homeowners

At Perez Mayoral, P.A., we have built a statewide reputation as the premier law firm for Florida homeowners. We handle virtually any dispute with an HOA or condominium association, from property damage claims to harassment and selective enforcement cases.

When you hire us, you know you’re hiring a firm with the experience, the manpower, and the commitment to take on associations and win.

The Bottom Line

Your HOA’s attorney is not your attorney. The law makes that crystal clear. If you are dealing with an association that isn’t protecting your rights — or worse, is working against you — you need your own attorney.

Perez Mayoral, P.A. is one of Florida’s few firms that stands exclusively with homeowners, not associations. With a team of multiple trial-ready attorneys, insider knowledge from years of association-side experience, and a real office where we prepare cases as a team, we are uniquely positioned to protect homeowners from HOA and condo abuse. Contact us today to learn how we can help.