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Florida Condo Attorneys for Condo Owners
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.
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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.
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.
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.
Condominium Act Lawyer Florida
If you live in a condominium in Florida, you may have heard of the Florida Condominium Act. This comprehensive legal framework governs the ownership, operation, and management of condominiums and HOAs in the Sunshine State.
It’s a pivotal piece of legislation delineating the rights and responsibilities of unit owners, condominium associations, and condo developers. The intention is to ensure an organized approach to condo living. The provisions of the Act include many aspects of the condo association’s financial management, governance of the HOAs, leaseholder, and unit owner rights, and the required maintenance and insurance of the property.
For anyone involved in a Florida condominium, this Act is an essential piece of legislation that ensures safety and comfort in their home. But what happens if someone violates this Act or otherwise infringes on your rights as provided by these regulations? This is when you need the help of a skilled Florida Condominium Act lawyer from Perez Mayoral, P.A. We’re ready to protect your rights and your property—call us today to get started.
How Can A Florida Condominium Act Lawyer Help Me?
The Act is complex and detailed, so applying it to your situation requires a deft touch. Consulting with an experienced real estate attorney, one familiar with the stipulations and requirements of the Act, can provide the support, guidance, and legal insight necessary to ensure compliance with the law. It’s our job to safeguard your interests and ensure a harmonious environment in your condo building.
The Florida Condominium Act regulates condo living with certain key objectives that could affect your day-to-day life, safety in your unit, and your rights as an owner or leaseholder. It also provides certain rights and obligations for condo building owners and developers.
Some Aspects Of The Act You Should Be Aware Of Include:
- Oversight and Regulation: The Act establishes the legal framework for creating, operating, and managing condominium properties.
- Protection of All Parties: Specific rights and interests are assigned to condo units and building owners, condo associations, and property developers, stating fair practices and equitable treatment.
- Financial Transparency: Condominium associations must maintain financial transparency. The law sets forth detailed reporting and budgeting obligations.
- Dispute Resolution: Disputes occur from time to time. The Act provides avenues for dispute resolution between residents or disputes between unit owners and HOAs.
Our job is to help ensure that your rights are protected in accordance with this law. If you’re struggling with dispute resolution regarding your HOA or other unit owners, or if you’re concerned about your legal options for resolving the issue, call us. We can explain your options and rights under the law.
How Can We Help With Your Condominium Dispute?
Do you need help asserting your rights under the Florida Condominium Act? We’re here to support your interests. An experienced Florida Condominium Act lawyer from Perez Mayoral, P.A., listens to your needs and develops personalized strategies to meet them. Our in-depth knowledge of the Act and Florida real estate law gives us a unique insight into your situation. Contact us today to get started.
Florida Condominium Act Infographic
Florida Condominium Act Statistics
According to the most recent published data, there are approximately 50,000 HOAs in the state of Florida. These organizations are covered under the Florida Condominium Act. While these organizations have some benefits, condo owners often experience significant negative impacts.
If you are considering purchasing property associated with an HOA, call our office to ensure you are fully aware of all the rules and regulations required by that HOA. If you are having issues with an HOA of a property you have already purchased, we can help with that, too!
Florida’s Condominium Act FAQs For Condo Owners
Our Florida Condominium Act lawyer knows that navigating the intricacies of the Florida Condominium Act can be challenging for both new and seasoned condominium owners. At Perez Mayoral, P.A., we frequently address various questions to help our clients understand their rights and responsibilities under this law. Attorney Maria Agudelo takes an empathetic approach with her clients and builds a solid foundation of trust while moving forward with each legal matter.
How Does The Florida Condominium Act Affect Condominium Associations?
The Florida Condominium Act establishes the framework for the formation, management, and operation of condominium associations. It outlines the responsibilities of the association, including maintenance of common areas, budgeting, and enforcing rules and regulations. The Act also mandates that associations maintain transparency by providing access to records and holding regular meetings. Understanding these provisions helps ensure that your association operates smoothly and in compliance with state law.
What Are The Rights Of Condominium Owners Under The Florida Condominium Act?
As our Florida Condominium Act lawyer can tell you, condominium owners have several rights under the Florida Condominium Act, including the right to access association records, attend meetings, and participate in elections. Owners are also entitled to the quiet enjoyment of their units and protection against unfair assessment increases. If you feel your rights are being violated, consulting with one of our knowledgeable attorneys can help you address these issues effectively.
What Should I Do If My Condominium Association Is Not Complying With The Florida Condominium Act?
If your condominium association is not adhering to the Florida Condominium Act, it is crucial to take action. Start by documenting the non-compliance issues and addressing your concerns with the association in writing. If the association fails to respond or rectify the situation, seeking legal advice can be beneficial. We can guide you through the appropriate steps, including mediation or legal action if necessary, to ensure your rights are protected.
Can The Condominium Association Change The Rules And Regulations Without Owner Approval?
While the condominium association has the authority to adopt and amend rules and regulations, there are limits to this power. Significant changes, especially those affecting the use of units or common elements, typically require a vote of the unit owners. The specific voting requirements are outlined in the association’s governing documents and the Florida Condominium Act.
What Are The Requirements For Condominium Associations Regarding Financial Transparency?
The Florida Condominium Act mandates that condominium associations maintain accurate financial records and provide annual financial reports to unit owners. These records must be accessible to owners within a specified timeframe. Additionally, associations are required to adopt a budget each year, detailing anticipated revenues and expenses. If you have concerns about the financial transparency of your association, consulting with an attorney can help ensure compliance with these requirements and address any discrepancies.
Find Legal Help
If you have any questions or need assistance with issues related to the Florida Condominium Act, don’t hesitate to reach out to Perez Mayoral, P.A. Our experienced team is here to provide you with the expert guidance and support you need. Attorneys Perez and Mayoral fill in the gap when most “HOA lawyers” represent the HOAs, not the people who live in their homes. Contact our Florida Condominium Act lawyer today to schedule a consultation and learn more about how we can assist you.
Tips For Resolving Disputes With Florida Condo Boards
A condo community can be deeply disrupted when disputes arise between condo owners and their boards, while also creating tension. Resolving these issues effectively is critical for maintaining a harmonious living environment and protecting your rights as a condo owner. Florida’s laws provide guidance on how to address these matters. Working with a Florida condominium act lawyer can help you understand your options and manage the process.
Review Governing Documents First
The first step in resolving any dispute is to carefully review the condominium association’s governing documents. These include the declaration of condominium, bylaws, and any rules or regulations adopted by the board. These documents outline the responsibilities of both owners and the board, providing the framework for addressing disagreements.
Communicate Directly And Early
Engaging in direct communication with the board or its representatives can often prevent disputes from escalating. Present your concerns respectfully and provide supporting evidence to back your claims. Sometimes, a simple discussion is enough to clarify misunderstandings or resolve minor issues.
Seek Mediation As An Option
Mediation can be a useful alternative to lengthy and costly legal battles. This process involves a neutral third party who facilitates a discussion between you and the board to find common ground. A Florida condominium act lawyer can help you prepare for mediation and represent your interests during the process.
Document All Communications
Maintaining a record of all communications with the board is important for clarity and accountability. Keep copies of letters, emails, meeting minutes, and any notices exchanged. These records can serve as evidence if the dispute progresses to formal proceedings.
Understand Your Rights And Obligations
While condo owners in Florida do have specific rights under the law, they also have obligations to the association. Knowing these rights and obligations can prevent unnecessary disputes and provide a solid foundation for resolving conflicts.
Request A Formal Hearing When Necessary
If informal communication and mediation don’t resolve the issue, you may need to request a formal hearing with the condo board. This allows you to present your case in an official setting, ensuring your voice is heard and your concerns are addressed.
Pursue Legal Action As A Last Resort
When all other avenues have been exhausted, legal action may be the final option. This step should be taken with careful consideration, as it can be time-consuming and costly. Consulting with a legal professional can help you evaluate the strength of your case and determine whether litigation is appropriate.
Finding Effective Solutions To Condo Board Disputes
Although handling a dispute with a condo board can be incredibly stressful, it doesn’t always have to result in ongoing conflict. By following these steps, you can address concerns in a way that fosters resolution while protecting your interests. If you are facing a challenging situation, our team is here to help. Speak with a Florida condominium act lawyer to learn how you can take effective action. Attorneys like those at Perez Mayoral, P.A. can provide valuable guidance to help you move forward. Our firm was established by two experienced South Florida attorneys who are standing by to assist you. Contact our team for a consultation, we offer 24/7 live call answering.
Use Of Units And Common Elements Under The Florida Condominium Act
At Perez Mayoral, P.A., our Florida Condominium Act lawyer often hears questions about how unit owners can use their units and common elements under the Florida Condominium Act. Understanding these rules is vital to fostering a harmonious community while respecting everyone’s rights. Unfortunately, no matter what type of house you live in–a single-family, a townhouse, or a condo–disputes and issues can arise. We have offices in locations all around Florida, so don’t hesitate to get in touch with us. Below, we’ve answered some frequently asked questions that may come up when living in or managing a condominium.
Can I Rent Out My Condominium Unit?
Yes, but it depends on your condominium’s governing documents. The Florida Condominium Act allows associations to impose reasonable restrictions on rentals. These may include minimum lease terms, a cap on the number of units rented simultaneously, or a requirement for association approval. It’s important to review your condominium declaration and rules before offering your unit for rent.
Are There Restrictions On Making Changes To My Unit?
As our Florida Condominium Act lawyer knows, the law permits owners to make improvements inside their units, but there are limits. For example, modifications that affect the building’s structural integrity, electrical systems, or shared utilities may be prohibited without prior approval from the association. Always check with the board before starting renovations to avoid potential violations or disputes.
Can I Use Common Elements, Like The Pool Or Gym, For Private Events?
Common elements are shared spaces for the benefit of all residents, and their use is typically governed by the condominium’s rules. Private events may be allowed, but there are often specific requirements, such as obtaining prior approval, paying a security deposit, or adhering to capacity limits. These rules aim to maintain accessibility and fairness for all owners.
What Happens If Someone Damages A Common Element?
If a unit owner, their tenant, or a guest causes damage to a common element, the association can charge the responsible party for the cost of repairs. Depending on the association’s policies, this amount may be added to the owner’s monthly assessment or handled as a separate charge. It’s a good idea to review your condominium documents to understand the process.
Are There Restrictions On Pets In My Unit Or The Common Areas?
Many condominiums impose rules about the number, size, or type of pets allowed, as well as regulations regarding where pets can go within common areas. These restrictions are often outlined in the condominium’s governing documents. Service animals and emotional support animals may be exceptions, but they must comply with federal and state laws.
Learn More About Your Rights
Living in a condominium offers a unique blend of personal ownership and shared spaces, but it’s essential to respect the rules that ensure a positive environment for everyone. At Perez Mayoral, P.A., we help our clients address legal concerns related to condominium law and living and ownership under Florida law. If you have questions about your rights or obligations, contact us today to schedule a consultation. We offer 24/7 live call answering. Let our Florida Condominium Act lawyer help you resolve any issues with confidence and clarity.
Balcony And Outdoor Space Regulations For Condos
Balconies and outdoor spaces are valuable features of condo living, but they often come with rules set by the condominium association, as our Florida condominium act lawyer can tell you. These regulations are designed to maintain the appearance, safety, and value of the property, but they can sometimes feel restrictive or unclear. Our firm was created by two South Florida attorneys who take the time to give their clients outstanding results. Call us today.
Can A Condo Association Restrict What I Put On My Balcony?
Yes, most condo associations have rules about what you can place on your balcony and your HOA will ensure the rules are clear. Common restrictions include prohibiting large furniture, plants, grills, and decorations that are visible from the outside. These rules are typically outlined in the condominium’s governing documents, such as the bylaws or community guidelines. The goal is often to maintain a consistent appearance and avoid potential safety hazards. If you believe the rules are being unfairly enforced or are not clearly defined, you may have grounds to challenge them.
Can I Install A Privacy Screen Or Shade On My Balcony?
As our Florida condominium act lawyer can tell you, condo associations often regulate the types of privacy screens, shades, or coverings that can be used on balconies. The association may have rules about the color, material, and design to maintain a uniform appearance across the building. Some associations may require prior approval before installing any type of covering. If you’re unsure about the rules or have been denied approval without a valid reason, it may be worth reviewing the association’s bylaws with legal guidance.
Am I Allowed To Hang Plants Or Lights On My Balcony?
Whether you can hang plants, lights, or other decorations on your balcony depends on the association’s regulations. Many condo boards allow hanging items as long as they are secure and do not pose a safety risk. However, some associations restrict the use of lights to specific types or prohibit them altogether to prevent damage or disturbance to other residents. If you receive a violation notice for hanging plants or lights, reviewing the condo rules can help clarify whether the board’s action is justified.
Can A Condo Association Prevent Me From Using My Balcony?
In certain situations, a condo association may temporarily restrict access to balconies, such as during building maintenance or safety inspections. However, a permanent restriction on balcony use without a valid reason may be a violation of your property rights. If your condo board attempts to block balcony access indefinitely or without proper explanation, you may have legal grounds to challenge the decision.
What Can I Do If My Condo Association Falsely Accuses Me Of Violating Balcony Rules?
If your condo association accuses you of breaking balcony rules and you believe the accusation is unfounded, you have the right to challenge it. Start by reviewing the governing documents to confirm whether the rule exists and whether the board’s interpretation is correct. Respond to the violation notice in writing and provide any supporting evidence that backs your position. If the board refuses to correct the issue, working with a lawyer can help protect your rights and push back against unfair penalties.
Condo balcony and outdoor space regulations can affect how you enjoy your property, but you don’t have to handle disputes alone. At Perez Mayoral, P.A., we have experience helping condo owners resolve conflicts with their association and protect their property rights. We have 4.8 stars on Google Reviews because we take the time to care for each of our clients. We believe it is paramount to advocate for our clients. Contact our Florida condominium act lawyer today to discuss your situation and find out how we can help.