flag Se Habla Español Call Now | Available 24/7
phone 305-928-1077
Perez-mayoral Logo
  • Miami, FL
  • Broward, FL
  • Orlando, FL
  • Palm Beach, FL
  • Tampa, FL
phone-icon 305-928-1077
  • Home
  • Practice Areas
    • HOA & Condominium Law
      • Homeowner HOA Disputes
      • Homeowner Condominium Disputes
      • HOA & Condominium Property Damage Claims
    • Business Law & Commercial Litigation
      • Breach of Contract
      • Business Disputes
      • Commercial Transactions and Business Fraud
      • Partnership & Shareholder Disputes
    • Real Estate Law
      • Real Estate Litigation
  • Results & Reviews
    • Case Results
    • Client Testimonials
  • Professionals
    • Erik A. Perez
    • Michael P. Mayoral
    • Fernando A. Prego
    • Robert Visca
    • Steven Llarena
    • Kelly Kobielush
    • Gabriel Perez
    • Robin Reyes
    • Scott V. Goldstein
    • Charles E. Emanuel, Jr.
    • David Grossinger
    • Roberto Garrote
    • Yenifer Formoso
    • Tyler Thompson
    • Anais Saavedra
    • Lucia Liens
    • Andrew Peters
    • Natalia Perez
    • Julie Mayoral
  • Resources
    • Careers
    • Blog
    • In The News
    • Educational Videos
    • Newsletter
    • Press Releases
    • Community Involvement
  • Contact
  • Home
  • Practice Areas
    • HOA & Condominium Law
      • Homeowner HOA Disputes
      • Homeowner Condominium Disputes
      • HOA & Condominium Property Damage Claims
    • Business Law & Commercial Litigation
      • Breach of Contract
      • Business Disputes
      • Commercial Transactions and Business Fraud
      • Partnership & Shareholder Disputes
    • Real Estate Law
      • Real Estate Litigation
  • Results & Reviews
    • Case Results
    • Client Testimonials
  • Professionals
    • Erik A. Perez
    • Michael P. Mayoral
    • Fernando A. Prego
    • Robert Visca
    • Steven Llarena
    • Kelly Kobielush
    • Gabriel Perez
    • Robin Reyes
    • Scott V. Goldstein
    • Charles E. Emanuel, Jr.
    • David Grossinger
    • Roberto Garrote
    • Yenifer Formoso
    • Tyler Thompson
    • Anais Saavedra
    • Lucia Liens
    • Andrew Peters
    • Natalia Perez
    • Julie Mayoral
  • Resources
    • Careers
    • Blog
    • In The News
    • Educational Videos
    • Newsletter
    • Press Releases
    • Community Involvement
  • Contact
  • Miami, FL
  • Broward, FL
  • Orlando, FL
  • Palm Beach, FL
  • Tampa, FL

Florida HOA Attorneys for Homeowners

We Fight for Homeowners Against HOAs and Condo Associations

At Perez Mayoral, P.A., we proudly represent homeowners only – never HOAs or condominium associations. When your HOA or condo association crosses the line, our attorneys are here to fight for you, protect your rights, and help you take back your peace of mind.

Request a Consultation With an HOA Attorney

Your property. Your rights. Our fight. | Hablamos Español

Risks of Not Hiring a Breach of Contract Lawyer - Missed Opportunities For Resolution

Common Homeowners Association Issues

In Florida
Homeowners Association’s Duty to Maintain and Repair

Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

Property Damage Caused by HOA Negligence

Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

HOA Governance & Transparency Issues

Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

HOA Rule & Covenant Enforcement Disputes

Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

HOA Assessment Disputes

Disputes over HOA assessments can occur when homeowners believe the charges are unjustified or excessive. These disputes often arise from a lack of transparency in how fees are calculated or spent, with homeowners questioning the necessity of certain assessments or how funds are being used, especially if the HOA fails to provide detailed financial reports or explanations.

Our firm has extensive experience in dealing with HOA assessment disputes and can assist you in challenging unfair or excessive fees. We work to protect your financial interests and ensure fair treatment under HOA regulations, helping you navigate the complex rules surrounding assessments.

Architectural Control Disputes

Many HOAs have architectural control committees that review and approve changes or additions to properties. Disputes arise when homeowners feel these committees are acting arbitrarily or unreasonably in denying or modifying requests, or when there are disagreements over the interpretation of community standards and guidelines. Homeowners may feel that their property improvements are being unfairly restricted or that the HOA is overstepping its authority.

If you are facing a dispute over architectural changes, our attorneys can help you navigate the approval process and challenge any unreasonable denials. We advocate for your right to make improvements to your property in compliance with community standards, ensuring fair treatment for all homeowners.

Selective Enforcement, Discrimination & Harassment

HOAs are obligated to enforce rules fairly and without discrimination, but issues can arise when associations engage in selective enforcement or discriminatory practices, such as imposing rules on certain homeowners while ignoring the same violations by others. Discrimination and harassment by board members or neighbors can also lead to legal action, especially if based on race, ethnicity, religion, or other protected characteristics.

Our attorneys are well-versed in laws protecting homeowners from discrimination and harassment. If you are experiencing unfair treatment or selective enforcement from your HOA, we are here to provide the legal support you need to ensure your rights are protected.

Neighbor Disputes

Disputes between neighbors in HOA communities can range from noise complaints to property boundary issues, and these conflicts can escalate when HOAs fail to enforce community rules impartially or do not effectively mediate. When direct resolution efforts fail or when the HOA does not adequately address the situation, legal intervention may become necessary to restore community harmony.

Our firm has substantial experience in resolving neighbor disputes in HOA communities. We work to find fair and effective solutions that protect your rights and maintain community harmony, ensuring that all parties are treated fairly.

Accidents & Personal Injuries

Inadequate maintenance of common areas by an HOA can lead to accidents and personal injuries, such as slip-and-fall incidents due to poorly maintained walkways or injuries resulting from inadequate security measures. If the HOA’s negligence in maintaining safety measures directly contributes to accidents, homeowners may be entitled to compensation for medical expenses, lost wages, and other damages.

If you’ve been injured due to the negligence of your HOA, our attorneys can help you pursue compensation for medical expenses, lost wages, pain and suffering, and other related damages. We are committed to holding HOAs accountable for maintaining safe community environments.

Video Resources

FOR FLORIDA HOMEOWNERS

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

How We Help People in Their Disputes with HOAs (with Attorney Erik Perez)
How We Help People in Their Disputes with HOAs
How Can I Request Records From My HOA, and What Are My Rights if They Refuse
Can I sue my HOA or Condo Association for negligence
Can I sue my condominium property management company
Can a condo board require access to my unit for inspections
What are my rights if my condo association fails to repair water damage
How do I address conflicts over shared amenities with other condo owners
What are my rights regarding challenging a special assessment.
What should I know about renting out my condo unit
Can I file a lawsuit against an individual board member of my HOA
Can an HOA restrict the type of landscaping I install on my property
Can my HOA sue me for violating the community's rules
Can my HOA raise fees without a vote from the members
What should I do if I believe my HOA is discriminating against me
What are the most common HOA rules that homeowners misunderstand
How does the Florida law protect homeowners in disputes with their HOA
Can an HOA regulate the exterior appearance of my home
Can an HOA impose restrictions on my property without my consent
Can an HOA regulate the exterior appearance of my home
Can an HOA restrict short-term rentals in Florida
How do I challenge an unfair HOA election process
How do I handle disputes over property boundary lines with my HOA
How can homeowners collectively challenge a problematic HOA rule
What should a homeowner know about a declaration in an association
Why do I need an attorney for a denied insurance claim
What steps can I take if my HOA is not transparent with its financials
How can I challenge an unfair assessment or fine imposed by my HOA
What should I do if my HOA is trying to foreclose my property
How can homeowners handle denied insurance claims
What is most important for someone to know who is living under an HOA

How We Help People in Their Disputes with HOAs - with Attorney Erik Perez

How We Help People in Their Disputes with HOAs - with Attorney Michael Mayoral

What recourse do I have if my HOA fails to maintain common areas?

How can I request records from my HOA, and what are my rights if they refuse?

What are the most common reasons for disputes between homeowners and HOA boards?

Can I sue my HOA or Condo Association for negligence?

Can I sue my condominium property management company?

Can a condo board require access to my unit for inspections?

What are my rights if my condo association fails to repair water damage?

How do I address conflicts over shared amenities with other condo owners?

What are my rights regarding challenging a special assessment?

What should I know about renting out my condo unit?

Can I file a lawsuit against an individual board member of my HOA?

Can an HOA restrict the type of landscaping I install on my property?

Can my HOA sue me for violating the community's rules?

Can my HOA raise fees without a vote from the members?

What should I do if I believe my HOA is discriminating against me?

What are the most common HOA rules that homeowners misunderstand?

How does the Florida law protect homeowners in disputes with their HOA?

Can an HOA regulate the exterior appearance of my home?

Can an HOA impose restrictions on my property without my consent?

Can an HOA regulate the exterior appearance of my home?

Can an HOA restrict short-term rentals in Florida?

How do I challenge an unfair HOA election process?

How do I handle disputes over property boundary lines with my HOA?

How can homeowners collectively challenge a problematic HOA rule?

What should a homeowner know about a declaration in an association?

Why do I need an attorney for a denied insurance claim?

What steps can I take if my HOA is not transparent with its financials?

How can I challenge an unfair assessment or fine imposed by my HOA?

What should I do if my HOA is trying to foreclose my property?

How can homeowners handle denied insurance claims?

What is most important for someone to know who is living under an HOA?

Contact us today for a case review.

HOA troubles turning your dream home into a nightmare? From maintenance failures and excessive fines to neighbor disputes, discrimination, and board governance issues, Perez Mayoral, P.A. is here to help. Our experienced attorneys will protect your homeowner rights and resolve your HOA conflicts. Don’t let these problems persist.

Learn How We Can Help
Commercial Leases

Frequently Asked Questions

About HOA Claims
Can I sue my HOA or Condominium Association for negligence in Florida?

Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

Is my HOA or Condominium Association responsible for repairing damage to my home?

The responsibility of an HOA or Condominium Association in Florida for repairing damage to your home largely depends on the nature of the damage, the cause of the damage, and the governing documents of the community. Here’s a breakdown based on different scenarios and legal frameworks:

  • General Liability Principles: While the unit owners generally bear the responsibility for repairing damages within their own units, there are scenarios where the Association may be held liable. If the Association’s negligent repair and maintenance of common elements like the roof, walls, or pipes within the building caused property damage to individual units, then the Association may be liable to repair and/or pay for the repairs to the affected units. This liability could extend to covering costs such as lost rent if the unit was being rented out, expenses for alternative housing if the unit becomes uninhabitable, and compensation for lost personal property due to the damage. It’s the Association’s duty to maintain, repair, and replace common elements or other specified items as per the governing documents and Florida law, and failure to do so diligently can result in liability towards the unit owners for the ensuing damages.
  • Negligence Claims: If the damage to your home arises from the negligence of the HOA or Condominium Association, particularly due to their failure to repair, maintain, or replace common elements like roofs, walls, or pipes which then result in issues such as water intrusion or other types of damage, you may have grounds to pursue a negligence claim against the association. In such cases, the association may be held liable for the repairs and/or the cost of repairs to the affected units. This liability might also extend to covering related costs such as lost rent, alternative housing expenses, and the replacement of lost personal property caused by the damage.
  • Injunctions: In cases where the association neglects its duties as stipulated in the governing documents, unit owners can potentially seek an injunction against the association, compelling them to comply with their duties and obligations under the governing documents. For instance, if there’s excessive moisture intrusion due to issues with common elements which the association is responsible to maintain, unit owners can seek legal recourse to compel the association to address the issue. Unit owners can potentially sue seeking an injunction against the Association, where a court essentially orders an association to comply with their duties and obligations under the governing documents. A case that encapsulates this is Amelio v. Marilyn Pines Unit II Condo. Ass’n, 173 So. 3d 1037 (Fla. 2d DCA 2015). In this case, the Amelios brought a suit against their Condominium Association for failing to address excessive moisture intrusion in their unit, which was linked to issues with the floor slab—a responsibility of the Association to repair and maintain as per the governing condominium documents. The case underscores that unit owners have a right to seek mandatory injunctions against their Association to compel them to fulfill their obligations as stipulated in the governing documents, particularly when the neglect results in irreparable harm and when there’s no adequate remedy at law. Through such injunctions, unit owners can legally press for corrective action through the courts, ensuring the Association adheres to its maintenance and repair obligations to prevent further damage or harm.
  • Statutory framework: In Florida, the statutes provide a comprehensive legal framework outlining the responsibilities of HOA and Condominium Associations concerning the maintenance, repair, and insurance of common elements. Specifically, Section 718.111(11) mandates that the association is responsible for insuring the common elements, outlining the insurance coverage requirements including property insurance for all common elements. If a casualty event like a hurricane, fire, or flood causes damage, the association’s insurance may cover the repairs. The liability of the association and unit owners is also determined based on whether the damage was caused by an insurable event or other causes like normal wear and tear or intentional and negligent acts. On the other hand, Section 718.113 emphasizes the association’s duty to maintain the common elements. If the association neglects this duty and a failure to maintain common elements like roofs, walls, or pipes leads to damage in individual units, the association may be held liable for the repairs. This section also outlines the association’s responsibility for certain elements like hurricane shutters, impact glass, code-compliant windows or doors, etc., if stipulated as such in the declaration of condominium. Furthermore, if the negligence in maintaining common elements causes damage making the unit uninhabitable, the association might be liable for the consequences. These statutes collectively create a framework under which the associations operate, and deviations from these stipulated responsibilities can lead to legal repercussions. The specific obligations and liabilities may also be influenced by the governing documents of the individual community. Hence, understanding the interplay between the Florida Statutes and the community’s governing documents is crucial for both the associations and the unit owners to ensure compliance and address issues related to repairs and maintenance adequately.

Given the intricacies of the legal frameworks and the potential variance in governing documents across different HOA and Condominium Associations, it is highly advisable for individuals facing such issues to hire an attorney experienced in HOA and Condominium litigation to navigate this legal domain effectively.

What types of claims are typically covered by HOA insurance?

HOA and Condominium Associations typically carry various insurance policies for different purposes to safeguard both the association and the community against a range of potential issues and liabilities. Here are the typical types of insurance they carry:

  • Property and Casualty Insurance: This insurance is carried to protect the general community and association property against insurable events such as hurricanes or fires. It covers damages to common areas or shared structures (e.g., buildings, community pools, clubhouses, sidewalks) caused by events like fires, storms, or vandalism.
  • Directors and Officers (D&O) Liability Insurance: This insurance, often referred to as Errors and Omissions Insurance, is meant to protect the directors and officers of the association in case they are sued for breaches of fiduciary duty or errors in the commission of their acts as board members. It’s designed to cover claims against HOA board members or officers for alleged negligence, mismanagement, or other actions that could be seen as failures in their duties.
  • General Liability or Commercial General Liability Insurance: This insurance is to protect the association against negligence claims. These claims can arise from the association’s failure to maintain common elements, leading to property damage to unit owners or claims for personal injuries to unit owners and members of the public occurring on association property.

It’s crucial to note that the coverage details may vary depending on the specific HOA and COA insurance policy as well as the governing documents of the individual community. Therefore, it’s always advisable to review your association’s documents and insurance policy to confirm the coverage details and understand the extent of protection provided against different types of claims and liabilities.

How experienced is the legal team at Perez Mayoral in handling HOA claims?

We have significant experience dealing with HOA claims, so we are well-prepared to help homeowners with problems involving their HOAs and condominium associations. Some important things to know about our experience are:

  • Diverse experience: Our lawyers successfully litigated on behalf of homeowners with many different claims, such as property damage, breaches of fiduciary duty, defamation, and shareholder derivative actions.
  • Unique viewpoint: Since our legal team used to represent associations and insurance companies, they have the essential knowledge about how HOAs, condominium associations, and their insurers work. This helps them understand how associations operate, which can be helpful when fighting for homeowners.
  • Focusing on homeowners: Our attorneys now only represent homeowners, demonstrating our dedication to protecting homeowners’ rights and interests in disagreements with their associations. We have significant experience dealing with HOA claims, so we are well-prepared to help homeowners with problems involving their HOAs and condominium associations.
What is the average cost of hiring an attorney specializing in HOA and COA disputes?

The type of claim determines the appropriate fee structure for our legal services. Most of our practice focuses on representing homeowners and condominium owners who have experienced property damage due to their association’s failure to maintain and repair “common elements” like roofs, windows, water lines and pipes, balconies, and other association property. Generally, we handle these cases on a “contingency” basis, meaning we only get paid if we recover compensation for our clients.

For matters involving rule enforcement, selective enforcement, disputes with association board members, violations of the association’s covenants, discrimination, harassment, conflicts between neighbors, or other related issues, we typically work on a refundable retainer basis. This means that our clients pay for the work we do on the case hourly rather than a flat fee. The retainer for each matter is determined based on the projected amount of work requested by the client.

What types of disputes can be brought to an attorney specializing in HOA and COA disputes?

Attorneys specializing in HOA and COA disputes handle conflicts between homeowners and their associations, whether they are homeowners’ associations or condominium associations. These disputes can range from minor issues, such as payment of dues, to more complex matters, such as interpreting rules and regulations or enforcing covenants. These attorneys can help to resolve a wide range of issues, including but not limited to violation of association bylaws and regulations, breach of contract, disputes over property boundaries or ownership rights, failure to pay dues or assessments on time, and harassment from other members. Our practice focuses on representing homeowners experiencing property damage due to the association’s failure to maintain and repair common elements.

How can an attorney specializing in HOA and COA disputes help with these conflicts?

Disputes between associations and homeowners can arise due to various issues, such as failure to comply with rules and regulations or disagreements over assessments. In such cases, an attorney specializing in HOA and COA disputes can significantly assist in providing legal advice and resolving disputes. These attorneys can help by reviewing the association’s governing documents, researching applicable laws, negotiating settlements, and, if necessary, representing the homeowner in court. With their expertise in association law and dispute resolution strategies, attorneys specializing in HOA and COA disputes are invaluable for resolving conflicts between homeowners and their associations, particularly when it comes to addressing property damage caused by the association’s failure to maintain and repair common elements like roofs, water lines and pipes, windows, balconies, and other association property. By working closely with homeowners and utilizing their extensive knowledge of the legal system, these attorneys can help secure fair compensation for damages and ensure that associations are held accountable for their responsibilities to maintain and repair common elements within the community.

How does Perez Mayoral help homeowners with their HOA claims?

Florida experiences a shortage of law firms that represent homeowners against their associations. While numerous “HOA Attorneys” can be found online, most exclusively represent HOAs. Only a handful of law firms that represent homeowners in disputes with their associations possess the necessary knowledge, skill, and litigation experience to effectively enforce their clients’ rights and achieve results. We are one of the few firms with skilled civil litigators and trial attorneys prepared to handle various potential claims. At Perez Mayoral, we help homeowners enforce their rights against their associations by providing top-notch legal representation for all the aforementioned matters. Our dedication to representing homeowners against their associations sets us apart from Florida’s other law firms.

Boca Raton HOA Lawyer

HOA Lawyer Boca Raton, FLHomeowners in Boca Raton have rights when an association oversteps, and we are here to enforce them.

If your homeowners association in Boca Raton has issued an unjustified fine, enforced a covenant against you alone, or recorded a lien on your home, an attorney can help you understand and defend your rights. Our Boca Raton, FL HOA lawyer represents homeowners and unit owners, never associations or management companies, in disputes over assessments, fines, covenant enforcement, and the conduct of the board. Perez Mayoral, P.A. brings over 100 years of combined legal experience and a record of results for property owners across Florida. We examine the governing documents, weigh your options, and pursue the remedy that fits. Contact our office to arrange an initial case review.

HOA Lawyer Boca Raton, FL

An HOA lawyer represents homeowners in their disputes with a homeowners association, the private body that enforces a community’s recorded covenants and collects the assessments that cover shared costs. Most of the time an owner simply complies with a board acting within its authority. A dispute takes shape when the association steps past that authority, enforces a rule inconsistently, imposes a penalty without following its own procedure, or neglects an obligation it owes the community.

Our firm represents owners and no one else. We assist clients in Boca Raton who face selective enforcement of the covenants, contest a fine they regard as baseless, and respond when a board subjects them to harassment or tries to enforce an unenforceable rule. An HOA attorney from our firm can read your community’s governing contract, also known as the association’s declaration, governing documents, or rules and regulations, and explain what the board may and may not do before you respond.

Types of HOA Cases We Handle in Boca Raton

HOA disputes take many forms, and the right course depends on the recorded documents, the board’s conduct, and the result an owner wants. We represent homeowners across Boca Raton and Palm Beach County in matters such as these, each handled with the approach noted.

  • Assessment and special assessment disputes. We examine whether an assessment was properly authorized and noticed before an owner is obligated to pay, and we contest those that were not.
  • Covenant and architectural enforcement. Many disputes concern fences, paint, additions, parking, or landscaping, and they usually depend on what the recorded documents truly permit, a reading we press for the owner.
  • Condominium association disputes. For owners in condominium communities rather than homeowners associations, we handle assessments, maintenance failures, and record demands on the same owner-side basis.
  • Improper fines and penalties. When a board fines an owner without a factual basis or skips the procedure the documents require, we challenge the penalty and seek its removal.
  • Liens and association foreclosure. When a board records a lien or moves to foreclose over claimed unpaid amounts, we review the basis for the claim and defend the owner’s home.
  • Inconsistent and selective enforcement. Boards must apply the rules evenly, and we represent owners singled out for conduct the association tolerates elsewhere in the community.
  • Maintenance and common area neglect. When the association fails to maintain the amenities, drainage, or roads it is responsible for, we pursue the owner’s right to have that work done.
  • Access to association records. Owners may inspect specified records, and we step in when a board withholds them without a valid reason.
  • Discrimination and fair housing concerns. We represent owners who believe a board has applied its authority in a way the law does not allow.

Why Choose Perez Mayoral, P.A. as my HOA Lawyer in Boca Raton, FL?

Boca Raton Attorneys Who Represent Owners

We represent owners against associations, and the attorneys who lead this work know how a board and its counsel prepare and defend a case. Mr. Perez directs the firm’s association and business litigation practice, having spent earlier years on the insurer and association side before he turned that knowledge toward homeowners. Mr. Mayoral handles real estate, insurance, and contract litigation in state and federal courts, wrote a published guide for attorneys on community association matters, and is a member of The National Trial Lawyers and the Florida Bar Real Property section. Mr. Prego, named to the Florida Super Lawyers Rising Stars list in 2026 for civil litigation, focuses on association and real estate disputes. Mr. Perez and Mr. Mayoral both earned their law degrees at the University of Miami School of Law. Owners whose concerns reach beyond the association can also draw on the firm’s property practice, including the matters our real estate lawyer in Boca Raton, FL handles for buyers, sellers, and homeowners.

A Record of Results for Owners

Our representation of property owners throughout Florida has produced millions of dollars recovered, together with favorable trial and appellate decisions in hard-fought association and property cases. Each engagement begins with an initial case review, so you understand your position before deciding how to proceed.

Understanding HOA Cases

Owner Rights, Association Authority, and Remedies in HOA Cases

Most HOA disputes come down to a few central ideas, and a working grasp of them clarifies what constitutes a sound outcome. These concepts recur in nearly every conflict between an owner and a board.

  • The governing documents. A community’s recorded declaration and rules fix both the owner’s obligations and the limits of the board’s power, and the outcome of a dispute usually follows from their terms.
  • The reach of board authority. A board may enforce the covenants and levy assessments, but only within the limits set by the documents and Florida law, and an owner can challenge an unfair assessment that exceeds those limits.
  • Liens and collection. In certain circumstances, an association may pursue a recorded lien against a home for unpaid amounts, which warrants careful review of the validity of the underlying charge.
  • Procedural protections. The documents and the law often require notice and an opportunity to be heard before a penalty takes effect.
  • Available remedies. Depending on the facts, an owner may seek removal of an improper charge, an injunction, damages for a loss, or a declaration of the parties’ rights.

What Are Important Aspects of an HOA Case?

A few practical considerations shape an owner’s standing before a dispute reaches court, and dealing with them early tends to focus the matter.

  • The recorded documents control, so secure the current declaration, bylaws, and rules and read them with care.
  • Records are persuasive, so keep every notice, fine, and exchange with the board or its management company.
  • Florida law sets deadlines for certain claims, and waiting too long can limit an owner’s options.
  • An owner facing foreclosure proceedings by the association should act promptly, since the process moves on a schedule.
  • Many disputes are resolved through negotiation or required pre-suit steps before any court filing.

What Is The HOA Case Timeline?

While each matter differs, most HOA cases advance through a familiar sequence.

  • Consultation and review, where we read the governing documents and assess whether a claim or a defense exists.
  • Demand and pre-suit steps, where we raise the issue with the board and satisfy any notice or mediation the documents require.
  • Filing, where a complaint is filed or we answer one brought against the owner.
  • Discovery, where the parties exchange documents and take sworn testimony.
  • Mediation, where a neutral mediator helps the parties work toward settlement.
  • Trial and appeal, where unresolved cases are tried and, where appropriate, reviewed on appeal.

What Should You Bring to Your HOA Consultation?

Coming to the first meeting with the relevant materials lets us evaluate your matter without delay.

  • The recorded declaration, bylaws, and rules govern the dispute, since your community’s bylaws and related documents do.
  • Each notice, fine, or violation letter the board or its manager has sent you.
  • Your written communications with the association, including emails and letters.
  • Photographs or records that document the condition, conduct, or improvement at issue.
  • Any assessment statement, ledger, or lien notice tied to a payment dispute.

This initial case review lets us outline your options and the likely path before you decide whether to retain us. There is no obligation to continue.

What Are Important Florida Legal Resources for HOA Cases?

Owners who want to understand the rules that govern their community can begin with these public sources, each leading directly to Florida law or to county court and property information.

  • The Florida Legislature publishes the statutes that apply to homeowners’ associations and related property matters.
  • The Palm Beach County Clerk explains how civil cases are filed and how court records are obtained in the county.
  • The Palm Beach Property Appraiser maintains public ownership, parcel, and valuation records for property in the county.

Boca Raton HOA Lawyer for Homeowners Facing Association Disputes

HOA disputes in Boca Raton often involve more than a simple disagreement with a board or property manager. Many Boca Raton homeowners live in gated communities, country club communities, planned neighborhoods, waterfront communities, or communities with strict architectural and landscaping rules. A dispute may involve exterior paint, fences, driveways, roof work, hurricane shutters, landscaping, guest access, rental restrictions, club access, common area maintenance, assessments, fines, or board transparency.

Our firm represents homeowners only. We do not represent HOAs or condominium associations in disputes against homeowners. If your Boca Raton HOA is overstepping its authority, applying rules unfairly, delaying approval for property improvements, refusing to provide records, imposing questionable fines, or ignoring maintenance issues, we can help you understand your rights and options.

Boca Raton HOA Architectural Review and Exterior Improvement Disputes

Architectural control disputes are common in Boca Raton HOA communities. Many homeowners need association approval before making exterior changes to their property, even when the work also requires a city permit. These disputes may involve paint colors, roof materials, hurricane shutters, windows, doors, fences, driveways, landscaping, exterior lighting, pools, patios, screen enclosures, additions, AC stands, or other exterior improvements.

A homeowner may run into problems when the HOA denies a request without a clear reason, delays a decision, applies standards differently from one home to another, or demands changes that are not clearly supported by the governing documents.

We help Boca Raton homeowners with HOA architectural disputes involving:

  • Exterior paint approvals
  • Roof color or roof material disputes
  • Fence approvals and fence placement disputes
  • Driveway or paver approvals
  • Hurricane shutter and storm protection disputes
  • Window and exterior door replacement issues
  • Pool, patio, and screen enclosure disputes
  • Landscaping approvals
  • Exterior lighting disputes
  • Additions, extensions, and building shell modifications
  • AC stand, generator, and equipment placement disputes
  • Selective enforcement of architectural standards

If your HOA denied your request or approved a neighbor’s similar request while denying yours, the issue may not be just a design preference. It may be a dispute over whether the HOA has authority under the governing documents and whether it is applying its standards fairly.

Hurricane Shutter and Storm Protection Disputes in Boca Raton HOA Communities

Boca Raton homeowners have practical reasons to install hurricane shutters, impact windows, reinforced doors, generators, and other storm protection. Disputes can arise when an HOA delays approval, demands a specific product, objects to the appearance of storm protection, or tries to enforce rules in a way that leaves the homeowner unable to protect the home before hurricane season.

Common hurricane protection disputes include:

  • Denied hurricane shutter applications
  • Delayed approval for impact windows or exterior doors
  • Disputes over shutter color, style, or placement
  • Rules about when shutters may be installed or removed
  • Conflicts between city permitting and HOA approval
  • Disputes over generators, pads, screens, or exterior equipment
  • Uneven treatment of homeowners seeking storm protection

A city permit does not automatically resolve an HOA dispute. A homeowner may still need to deal with association rules, architectural standards, and approval procedures. If the HOA is delaying or denying reasonable storm protection work, a Boca Raton HOA lawyer can help review the governing documents, application records, board communications, and approval history.

Landscaping, Trees, Irrigation, and Yard Maintenance Disputes

Landscaping disputes are especially common in Boca Raton HOA communities because many associations regulate the appearance of lawns, hedges, trees, palms, plant beds, irrigation, artificial turf, and front-yard improvements. A homeowner may receive violation letters for dead grass, overgrown landscaping, tree removal, improper plant selections, irrigation issues, or changes made without prior approval.

These disputes can become frustrating when the HOA ignores drainage problems, irrigation failures, drought conditions, contractor delays, or damage caused by association-controlled landscaping or common areas.

We help homeowners with disputes involving:

  • Landscaping approval denials
  • Tree removal or tree replacement disputes
  • Palm tree, hedge, and plant bed disputes
  • Irrigation problems
  • Dead grass or lawn violation letters
  • Artificial turf disputes
  • Drainage and grading issues
  • Association-controlled landscaping damage
  • Common area landscaping neglect
  • Selective enforcement of yard maintenance rules

If the HOA is fining you for landscaping issues, the first step is to review the declaration, rules, architectural guidelines, violation notice, photos, cure deadline, and whether the same standard is being applied to other homeowners.

Boca Raton HOA Fine, Violation, and Suspension Disputes

HOA violation letters can quickly become expensive and stressful. A Boca Raton homeowner may receive a notice about landscaping, parking, trash cans, holiday decorations, exterior changes, guests, noise, pets, rentals, architectural work, or alleged rule violations. If the issue is not resolved, the HOA may try to impose fines, suspend common area privileges, restrict amenity access, or threaten additional legal action.

We help homeowners respond to HOA violations involving:

  • Landscaping and lawn maintenance
  • Exterior paint, roof, fence, or driveway issues
  • Parking violations
  • Trash can and holiday decoration disputes
  • Pet violations
  • Noise complaints
  • Guest access issues
  • Rental restriction claims
  • Unauthorized improvement claims
  • Alleged rule violations by tenants, guests, or family members
  • Threats to suspend amenity or voting rights

An HOA should clearly identify the rule being enforced, describe the alleged violation, give the homeowner a fair chance to respond, and follow the required process before imposing fines or suspensions. If the violation was already corrected, the HOA is treating you differently from other owners, or the rule does not match the governing documents, the fine may need to be challenged.

Selective Enforcement in Boca Raton HOA Communities

Selective enforcement is one of the most common reasons homeowners call an HOA lawyer. A homeowner may be cited for a fence, paint color, roof, landscaping, driveway, parking issue, holiday decoration, or rental use while other owners in the same community are allowed to do the same thing.

Selective enforcement can happen when a board member targets a homeowner, ignores violations by friends or neighbors, enforces old rules inconsistently, or uses the HOA process as leverage in a personal dispute.

Signs of selective enforcement may include:

  • Other homes with the same condition are not cited
  • The HOA approved similar requests for other owners
  • The violation notice does not identify a clear rule
  • The rule has not been enforced for years
  • The board refuses to explain why your property is being treated differently
  • The violation began after a disagreement with a board member, manager, or neighbor
  • The HOA applies rules differently based on who owns the property

A Boca Raton HOA lawyer can help compare your violation notice against the governing documents, meeting minutes, approval history, photographs from the community, and other evidence showing inconsistent enforcement.

Gated Community, Guest Access, and Security Gate Disputes

Many Boca Raton homeowners live in gated communities where disputes can involve gate access, guest lists, vendors, delivery drivers, contractors, family members, tenants, caregivers, and security procedures. These issues can affect daily life, especially when the HOA or management company blocks access, changes gate rules, removes someone from an approved list, or applies guest rules unevenly.

Common gated community disputes include:

  • Guest access restrictions
  • Vendor or contractor access problems
  • Tenant and family member gate access disputes
  • Security guard conduct
  • Access card or transponder issues
  • Gate rules applied unfairly
  • Disputes involving caregivers, medical providers, or service workers
  • Amenity access suspensions
  • Overly aggressive enforcement of guest rules

These disputes are often urgent because they affect whether people can enter the community, perform repairs, provide care, or visit the homeowner. We help homeowners review the governing documents, access policies, violation letters, emails, and board decisions to determine whether the HOA is acting within its authority.

Boca Raton HOA Assessment and Fee Disputes

HOA assessments in Boca Raton may cover landscaping, roads, gates, security, lakes, drainage, club facilities, recreational amenities, insurance, reserves, management fees, legal fees, maintenance contracts, and community repairs. Disputes arise when homeowners believe an assessment is excessive, poorly explained, improperly approved, or unrelated to the association’s actual authority.

Assessment disputes may involve:

  • Large increases in regular assessments
  • Special assessments
  • Club or amenity charges
  • Security or gate-related fees
  • Road, lake, drainage, or landscaping assessments
  • Legal fees charged back to an owner
  • Collection fees and late fees
  • Disputes over how funds are being used
  • Lack of budget transparency
  • Board refusal to provide financial records

Before paying or challenging an assessment, homeowners should review the governing documents, budget, meeting notice, board minutes, reserve information, contracts, invoices, and any written explanation for the charge. If the HOA is demanding money without providing clear support, a lawyer can help evaluate whether the charge was properly approved and whether the association followed the required process.

HOA Records, Financial Transparency, and Board Meeting Disputes

Many Boca Raton HOA disputes become worse because the board or property manager refuses to provide records. Homeowners may ask for budgets, financial reports, contracts, bids, meeting minutes, insurance records, management agreements, architectural guidelines, violation records, reserve information, election records, or documents related to a special assessment.

When an HOA asks owners to pay more money, comply with new rules, or accept a denied architectural request, homeowners should not be left guessing. Records can show whether the board followed the governing documents, gave proper notice, obtained bids, approved a contract, or applied the rules fairly.

We help homeowners with disputes involving:

  • Requests for HOA records
  • Board meeting notices
  • Special assessment notices
  • Budgets and financial reports
  • Contracts and vendor bids
  • Management company records
  • Insurance records
  • Architectural review records
  • Election and voting records
  • Meeting minutes
  • Reserve information
  • Records related to fines, violations, and selective enforcement

Lack of transparency can be a warning sign. If your HOA will not provide records or keeps giving incomplete responses, legal review may be needed.

HOA Election, Board Control, and Governance Disputes

HOA elections and board governance issues can have a major impact on homeowners in Boca Raton communities. A board controls budgets, assessments, rule enforcement, architectural decisions, management contracts, repair priorities, and community operations. When the election process is unclear or the board refuses to follow proper procedures, homeowners may feel shut out of decisions that affect their homes and finances.

Governance disputes may involve:

  • Improper election procedures
  • Questions about ballots, proxies, or voting records
  • Failure to provide meeting notices
  • Board decisions made without proper notice
  • Conflicts of interest involving vendors or contracts
  • Board members acting outside their authority
  • Refusal to place homeowner issues on the agenda
  • Failure to keep proper minutes
  • Improper amendment of rules or restrictions
  • Lack of owner access to board decisions and financial information

We help Boca Raton homeowners review the governing documents, election records, meeting notices, board minutes, votes, proxies, financial records, and communications to determine whether the board acted properly.

Country Club, Golf Course, and Amenity Disputes in Boca Raton HOA Communities

Some Boca Raton HOA communities include country clubs, golf courses, clubhouses, fitness centers, pools, tennis courts, pickleball courts, dining facilities, lakes, security gates, and other amenities. Disputes may arise when the HOA or club changes access rules, imposes new fees, suspends privileges, fails to maintain common areas, or applies amenity rules unfairly.

Homeowners may need legal help with disputes involving:

  • Club access
  • Golf course or country club rules
  • Mandatory membership issues
  • Amenity fee disputes
  • Pool, gym, tennis, or pickleball access
  • Suspension of common area privileges
  • Security gate or access card restrictions
  • Maintenance of roads, lakes, sidewalks, and recreational areas
  • Uneven enforcement of amenity rules
  • Confusion between HOA obligations and club obligations

These disputes often require a close review of the declaration, bylaws, club documents, membership agreements, rules, budgets, meeting minutes, and correspondence from the association or management company.

Rental, Tenant, and Seasonal Owner Disputes in Boca Raton HOA Communities

Boca Raton has many seasonal residents, part-time homeowners, snowbirds, investors, and owners who rent their properties for part of the year. HOA rental disputes may involve minimum lease terms, tenant screening, guest rules, approval delays, rental caps, short-term rental restrictions, or fines for alleged rental violations.

Rental disputes may involve:

  • Denied tenant applications
  • Delays in tenant approval
  • Minimum lease term requirements
  • Seasonal rental restrictions
  • Guest and family access disputes
  • Tenant background check issues
  • Rental caps or waiting lists
  • Fines for alleged rental violations
  • Claims that a tenant violated community rules
  • Short-term rental restrictions
  • Uneven enforcement of rental rules

These disputes can affect a homeowner’s income, ability to use the property, and ability to allow family or approved guests to stay in the home. We help homeowners review the declaration, bylaws, amendments, rules, lease applications, denial letters, board notices, and property manager communications.

Neighbor Disputes Involving the HOA

Neighbor disputes in Boca Raton HOA communities may involve noise, pets, parking, fences, trees, landscaping, drainage, lighting, boundary issues, cameras, guests, or shared common areas. Sometimes the HOA gets involved and handles the issue fairly. Other times, the HOA ignores the problem, takes sides, or uses the dispute as a reason to fine one homeowner while ignoring another.

We help homeowners when neighbor disputes involve:

  • Uneven rule enforcement
  • Failure to enforce valid restrictions
  • Noise or nuisance complaints
  • Pet disputes
  • Parking conflicts
  • Tree or landscaping issues
  • Fence or boundary disputes
  • Drainage issues
  • Lighting or camera complaints
  • Harassment by neighbors or board members
  • HOA refusal to act after repeated complaints

The key question is often whether the HOA has a duty under the governing documents to act and whether it is applying the rules fairly to all homeowners.

Common Area Maintenance, Roads, Lakes, Drainage, and Property Damage

In many Boca Raton HOA communities, the association may be responsible for maintaining common areas such as roads, sidewalks, gates, landscaping, lakes, drainage systems, club areas, walls, signs, lighting, and recreational facilities. When the HOA fails to maintain these areas, homeowners may face safety issues, water problems, reduced property values, or damage to their homes.

Maintenance disputes may involve:

  • Private road damage
  • Gate and security equipment problems
  • Sidewalk hazards
  • Common area landscaping neglect
  • Lake, canal, or drainage problems
  • Flooding or standing water
  • Wall, fence, or entrance sign damage
  • Common area lighting problems
  • Recreational area maintenance issues
  • Damage to an individual home caused by association-controlled property

If the association’s failure to maintain common areas causes damage or creates unsafe conditions, the homeowner may need to review the declaration, plats, maintenance records, photographs, repair requests, contractor reports, and board communications.

What Boca Raton Homeowners Should Gather Before Calling an HOA Lawyer

If you are dealing with an HOA dispute in Boca Raton, gathering the right documents can help us understand the issue faster. You do not need every record before calling, but these items are helpful if you have them:

  • Declaration of covenants
  • Bylaws
  • Articles of incorporation
  • HOA rules and regulations
  • Architectural guidelines
  • Violation letters
  • Fine notices
  • Hearing notices
  • Emails with the board or property manager
  • Photos or videos of the issue
  • Architectural review applications
  • Approval or denial letters
  • Meeting minutes
  • Budget and financial records
  • Assessment notices
  • Special assessment notices
  • Vendor contracts or bids
  • Rental applications or tenant denial letters
  • Gate access or amenity suspension notices
  • Proof of payments made to the HOA
  • Any records showing similar homes, improvements, or violations in the community

These records can help show what rule the HOA is relying on, whether the board followed the proper process, whether other homeowners were treated differently, and whether the association is acting within its authority.

Reach Out to Perez Mayoral, P.A. to Schedule a Consultation

A dispute with an association becomes far more manageable once you can see the options in front of you. Our Boca Raton HOA lawyer can review your governing documents, explain how Florida law applies, and outline the options available to you. Perez Mayoral, P.A. represents homeowners rather than associations and offers an initial case review to begin. Contact us when you are ready to discuss your situation.

Contact Us

Your property. Your rights. Our fight.
Hablamos Español


Contact the attorneys at Perez Mayoral, P.A. for professional legal guidance on your HOA dispute today.

Conflicts with HOAs are complex. Don’t go it alone. Contact us today for a case review.

Types of Miami Business Litigation Our Practice Handles

SPEAK WITH AN ATTORNEY TODAY

Whatever it is, don't face the issue alone. Our experienced attorneys are ready to fight for your rights.
CONTACT OUR LAW FIRM FOR A CASE REVIEW | Hablamos Español

Trusted HOA, Business & Real Estate
Counsel in Florida

Perez-mayoral Logo

Coral Gables

Address: 999 Ponce De Leon Blvd, Suite 705, Coral Gables, FL 33134
Phone: 305-928-1077
Email: [email protected]

Tampa (By appointment only)

Address: 7815 N. Dale Mabry Highway, Suite 201, Tampa, FL 33614
Phone: 813-797-7096
Email: [email protected]

Orlando (By appointment only)

Address: 7800 Southland Boulevard, Suite 108 Orlando, FL 32809
Phone: 407-543-1106
Email: [email protected]

Jacksonville (By appointment only)

Address: 6015 Chester Circle Suite 212 Jacksonville, FL 32217
Phone: 904-915-5560
Email: [email protected]

Fort Myers

Address: 1342 Colonial Blvd, Suite C24 Fort Myers, FL 33907
Phone: 813-797-7096
Email: [email protected]
HOA Lawyer Boca Raton FL
Condo Lawyer Boca Raton FL
Condominium Act Lawyer Florida
Condo Lawyer West Palm Beach FL
Condo Lawyer Naples FL
Condo Lawyer Fort Myers FL
Business Litigation Lawyer Tampa FL
Real Estate Litigation Lawyer Miami FL
Business Litigation Lawyer Orlando FL
Business Lawyer Miami FL
Business Collections Lawyer Miami FL
International Business Lawyer Miami FL
Breach Of Contract Lawyer Tampa FL
Real Estate Lawyer Aventura FL
Small Business Lawyer Miami FL
Real Estate Lawyer Coral Gables FL
Real Estate Lawyer Hialeah FL
Condo Lawyer Bonita Springs FL
Condo Lawyer Hollywood FL
HOA Lawyer Fort Myers FL
HOA Lawyer Lake Worth FL
Commercial Tenant Lawyer Miami FL
Commercial Landlord Lawyer Miami FL
Perez-mayoral Logo
phone-icon 305-928-1077

© 2026 Perez Mayoral – HOA, Condo & Business Lawyers | Disclaimer | Privacy Policy | Powered By: Matador Solutions | Sitemap

Call Now! Send Message SE HABLA ESPAÑOL