Florida HOA Fines and Common-Area Suspensions: How the Process Must Work
Florida law permits a homeowners’ association to impose fines and suspend common-area use privileges only after following a mandatory multi-step procedure. See Section 720.305(2), Fla. Stat. The process requires at least 14 days’ written notice, a hearing before an independent committee of at least three qualified association members, and a majority vote...
Buying a Florida Condo at Foreclosure: The First-Mortgagee Safe Harbor on Past-Due Assessments
Under Florida law, a person who acquires title to a condominium unit — including by purchase at a foreclosure sale — is jointly and severally liable with the prior owner for all unpaid assessments that accrued before the transfer. See Section 718.116(1)(a), Fla. Stat. The main statutory cap on pre‑transfer assessments applies...
Florida HOA Board Member Fiduciary Duty and Self-Dealing: What Homeowners Can Do
Florida HOA board members owe a fiduciary duty to the homeowners they serve under Section 720.303(1), Fla. Stat., which incorporates the director standards of Section 617.0830. When a director engages in self-dealing — awarding contracts, approving payments, or directing association resources to entities in which the director has a financial interest —...
Florida HOA Voting, Proxies, and Quorum: What Homeowners Need to Know
Florida’s Homeowners’ Association Act, Chapter 720, governs the internal governance of Florida HOAs — including how members vote, what constitutes a valid proxy, how many members must be present or represented to conduct business, and what happens when an election is disputed. Section 720.306 is the primary statute controlling all of these...
Subrogation Claims After Condo Damage: When Your Insurer Can Recover from the Association
Section 718.111(11)(j)1., Florida Statutes, adds an important protection in owner-fault scenarios by stating that when an owner becomes responsible for certain repair costs because of their own conduct or that of related occupants, that responsibility does not, by itself, take away the insurer’s ability to pursue recovery from parties who caused the...
Sewage Backups and Plumbing Damage in Florida Condos: Who is Responsible?
Sewage backups often cause severe damage and contentious disputes in Florida condominium buildings. Unlike a water leak from an above-unit pipe — which may be easier to trace to a source — sewage backups often originate in shared drain infrastructure that passes through multiple floors and units. Determining who is responsible requires...
Florida HOA Late Fees and Interest on Unpaid Assessments: What the Law Allows
Florida’s Homeowners’ Association Act, Chapter 720, addresses HOA assessment collections through Section 720.3085. Subsection (3) of that statute sets the rules for interest, late fees, and the allocation of payments — three areas where associations frequently impose charges beyond what the statute authorizes or apply payments in ways that benefit the association...
When Can a Florida HOA or Condo Association Tow Your Car? Florida Towing Law Explained
Florida HOAs and condominium associations may have unauthorized vehicles towed from their property under Section 715.07(2), Florida Statutes, but that authority depends on substantial compliance with the statute’s requirements, including signage, storage‑site distance, law‑enforcement notification, and owner‑reclaim rules. If an association or towing company fails to follow key statutory conditions—like having properly...
What HOA Architectural Restrictions Are Enforceable in Florida — And What Aren’t
Florida’s Homeowners’ Association Act, Chapter 720, places the legal boundary on HOA architectural authority in Section 720.3035. The statute reflects a legislative judgment that architectural control covenants serve legitimate aesthetic and property-value purposes, but only when grounded in the governing documents that homeowners receive at the time of purchase. Unwritten board preferences,...
Can a Florida HOA Deny Your Emotional Support Animal Request?
A Florida homeowners’ association may deny an emotional support animal request only under narrow circumstances: the resident does not have a qualifying disability or disability-related need, the specific animal poses an unmitigable direct threat to the safety or health of others or to property, or the resident fails to provide reliable supporting...