Miami, FL 
305-928-1077 
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.
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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.
Florida HOA Dispute Lawyer
It can be frustrating dealing with a homeowners association. Sometimes the rules may not make sense to you, or can be wrongly applied in some circumstances. The hope is to resolve any problems with an HOA on your own. Maybe there is a clear compromise or a way to meet in the middle. Often, however, there are disagreements that cannot be resolved. You should contact an experienced Florida HOA dispute lawyer from Perez Mayoral, P.A. right away to make sure your rights are protected and looked after. At the end of the day, you are the one who is living in your home, so you should feel happy residing there and at peace that you are able to do what you would like, within reason. Do not wait to reach out. It is important to retain legal representation at the beginning of a possible case so that you do not make any mistakes that could set you back.
How We Help People in Their Disputes with HOAs (with Attorney Erik Perez)
Changes In Rules Can Cause Problems
HOA documentation can be ever-changing. It is important to keep up with the documentation, as well as potentially attend meetings to hear what the board has to say about upcoming changes in your community. There are rules in place for a reason, but it does not always mean that they will inherently make sense to everyone in the community. It is important to ask a Florida HOA dispute lawyer to look over documentation to ensure you meet all of the rules. If you have anything that you believe is unfair, your lawyer may be able to find a loophole in the document.
Rules May Be Incorrectly Enforced
Sometimes, the HOA in your community may try to enforce a rule that does not make sense with your particular circumstance. For example, perhaps your community states that they do not allow “above ground hot tubs.” If you want to place a hot tub in the yard, but create an in ground hot tub, you should speak with a lawyer to determine whether or not it is wise and goes along with community rules to add this to your residence. The language used in a document sometimes does matter, but other times it may have implied consequences. It is always crucial to look over this with a Florida HOA dispute lawyer – preferably before making any changes to your home.
Steps To Take When Your HOA Neglects Common Area Maintenance
When it comes to property values, quality of life, and maintaining shared spaces within a community, homeowners associations (HOAs) play a vital role. However, when an HOA fails to fulfill its responsibilities, residents may feel frustrated or powerless. Addressing this issue begins with clear communication, followed by exploring legal and administrative remedies if necessary. Working with a Florida HOA dispute lawyer can help clarify options and protect your rights in these situations.
Clear Communication With The HOA Board
The first step is addressing the matter directly with the HOA board. This can involve writing a formal letter outlining your concerns about the specific areas or amenities that require maintenance. Include photos or other evidence to support your claims. In many cases, HOA boards may be unaware of the issues or lack proper documentation to prioritize repairs.
Attending HOA meetings is another way to raise awareness. Community meetings provide an opportunity to voice concerns and discuss shared experiences with other residents. These discussions can often result in collective pressure on the board to act.
Reviewing The Governing Documents
HOAs operate based on their governing documents, including the bylaws, covenants, conditions, and restrictions (CC&Rs). Reviewing these documents is crucial in understanding the association’s responsibilities. They often detail maintenance obligations, timelines, and processes for addressing non-compliance.
If the governing documents reveal a clear failure by the HOA to maintain common areas, it strengthens your position when presenting your case to the board or other parties. Consulting a Florida HOA dispute lawyer can help in identifying whether the board’s actions violate legal obligations.
Exploring Formal Dispute Resolution Options
If discussions with the board fail to produce results, formal dispute resolution may be necessary. Mediation or arbitration may be options outlined in the HOA’s governing documents. These processes involve neutral third parties who assist in resolving disagreements without escalating the matter to a full legal case. Mediation can be especially effective in fostering cooperative solutions while preserving community relationships.
For cases where informal resolutions are unsuccessful, pursuing legal action may be appropriate. This step should only be taken after exhausting other avenues, as it can be costly and time-consuming. However, when the HOA’s neglect significantly impacts property values or the community’s quality of life, litigation may be the most effective way to hold the board accountable.
Documenting The Impacts Of Neglect
Throughout the process, it’s critical to document how the lack of maintenance affects you and other residents. Photos, written correspondence, and witness statements can all serve as valuable evidence. For example, poorly maintained amenities may lead to safety hazards or loss of use, while unkempt landscaping can lower property values. This documentation will help strengthen your position, whether addressing the board or pursuing legal remedies.
Legal Support For Homeowners
A well-maintained community depends on an accountable HOA that upholds its obligations. If you find yourself in a dispute over the condition of common areas, seeking guidance from a Florida HOA dispute lawyer is an important step. Legal counsel can help you understand your rights and identify the most effective path forward.
We encourage you to take action today to resolve issues affecting your community’s shared spaces. Attorneys at Perez Mayoral, P.A. are here to provide support and guidance, helping you protect your property and maintain your quality of life. Contact our team today, we offer 24/7 live call answering. Our team offers unwavering dedication, providing top-notch legal representation, assisting homeowners in enforcing their rights and standing up against associations.
Resolving HOA Disputes Over Noise Levels
As our Florida HOA dispute lawyer can tell you, noise disputes are a common source of tension in many communities governed by homeowners’ associations. Whether it’s construction noise, loud music, or general disturbances, excessive noise can disrupt your daily life and peace of mind. At Perez Mayoral, P.A., we help homeowners address noise-related HOA disputes, working to find practical and fair solutions that protect your rights and well-being. We have skilled trial attorneys and civil litigators, so trust that we will handle your case with care.
1. Know Your Community’s Noise Regulations. Most HOA governing documents include rules about acceptable noise levels and quiet hours. These rules are in place to maintain a peaceful environment for all residents. Before addressing a noise dispute, review your community’s bylaws and governing documents to understand what guidelines are in place. Knowing the specific noise restrictions can strengthen your position when presenting your concerns to the HOA or the neighbor responsible for the disturbance.
2. Document the Noise Incidents. If you are experiencing ongoing noise disturbances, start documenting the incidents. Note the date, time, location, and duration of each noise event. Additionally, gather statements from neighbors who may also be affected. Videos and audio recordings can also serve as strong evidence to support your claim. Having clear documentation will make it easier to demonstrate the impact of the noise issue and strengthen your case.
3. Communicate Your Concerns Directly with the Neighbor. Our HOA dispute lawyer in Florida knows in some cases, addressing the noise issue directly with the neighbor can be the fastest and simplest solution. Sometimes, the neighbor may not even realize that their actions are causing a disturbance. A polite conversation about the noise impact can often resolve the situation without escalating it further. While direct communication is not always ideal, it is worth considering as a first step.
4. Contact Your Homeowners’ Association. If direct communication does not resolve the noise issue, contact your HOA and formally present your concerns. Submit your documentation and any evidence you’ve gathered. The HOA is responsible for enforcing community rules and should address any violations of noise guidelines. Present your case clearly and professionally, and request that the HOA take appropriate action to resolve the issue.
5. Attend HOA Meetings and Voice Your Concerns. HOA meetings are an opportunity to address issues affecting your community directly with board members and fellow residents. Attend these meetings and speak up about the noise disturbance. Present your evidence and calmly express the impact it has on your daily life. Involving multiple residents who are also affected can strengthen your request for action and show that the issue is a community-wide concern.
6. Seek Mediation Through Community Resources. Sometimes, disputes can be resolved through mediation rather than legal action. Mediation allows both parties to work with a neutral third party who can help facilitate a resolution. Many HOAs offer mediation services or have established processes to address disputes informally. Mediation provides a way to resolve conflicts quickly and amicably without the need for litigation.
7. Consult with a Legal Professional. If all other efforts fail, it may be necessary to seek legal advice. A qualified attorney can review your case, analyze your documentation, and advise you on your legal options. We handle HOA noise disputes with a commitment to achieving practical and fair outcomes for our clients. We’ll work with you to gather the right evidence, communicate with the HOA, and pursue legal action if necessary.
8. Know Your Rights as a Homeowner. Homeowners have the right to a peaceful and quiet living environment. State and local laws also protect residents from excessive noise disturbances. Being aware of your legal rights and protections can empower you to address noise disputes more confidently. Your HOA cannot disregard these rights, and you have the right to seek remedies if those rights are violated.
If noise disturbances are affecting your peace and quality of life, don’t hesitate to take action. Contact Perez Mayoral, P.A. today to discuss your situation. We’ll work with you to protect your rights, find a practical solution, and ensure your community remains a place where everyone can enjoy a quiet and peaceful environment. We offer 24/7 live call answering. When you are ready, get in touch with our HOA dispute lawyer in Florida for help.
Questions On Important Documents For HOA Disputes
Our Florida HOA dispute lawyer knows that handling an HOA dispute requires the right documentation to support your position. Whether you’re challenging a violation, addressing unfair enforcement, or disputing fees, having the necessary paperwork can make a significant difference in resolving the issue. Give us a call for a free consultation. Below are key questions and answers to help prepare for an HOA dispute.
What HOA Governing Documents Should I Have For A Dispute?
The HOA’s governing documents outline the rules and regulations for the community. These typically include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and community rules. These documents define what the HOA can enforce and how violations should be handled. Having a copy of these rules allows you to compare your situation against the actual policies in place.
Why Are Violation Notices And Communications With The HOA Important?
Any letters, emails, or official notices from the HOA related to your dispute should be kept as part of your records. These documents show how the HOA has communicated with you, what actions they are taking, and whether they are following proper procedures. Keeping a detailed record of your responses and any interactions with the HOA can help strengthen your case.
Should I Keep Records Of Fees, Fines, Or Assessments?
Our Florida HOA dispute lawyer knows that if the dispute involves fees, fines, or special assessments, it’s important to have a record of your HOA account statements, invoices, and payment history. This can help determine whether charges were properly applied and whether the HOA has followed the correct process for imposing them. If you have paid a disputed fee, keeping proof of payment is also important.
How Can Photos, Videos, Or Witness Statements Help In An HOA Dispute?
For disputes related to property conditions, noise complaints, or alleged violations, visual evidence and witness statements can be valuable. Photos or videos can document the condition of your property, while statements from neighbors may help challenge a complaint. If an HOA violation is based on inaccurate claims, having this type of evidence can help clarify the situation.
Do I Need To Keep Records Of Past Hoa Board Meetings Or Decisions?
Meeting minutes, board decisions, and prior enforcement actions can provide insight into how the HOA has handled similar issues in the past. If there is inconsistency in how rules are enforced, these records may help demonstrate unfair treatment. Reviewing past decisions can also provide guidance on how the HOA typically handles disputes.
Find Help You Can Count On
Having the right documents can be a key factor in successfully resolving an HOA dispute and we understand how difficult it can be to challenge your HOA. At Perez Mayoral, P.A., we help homeowners protect their rights and address unfair HOA actions. We know that there is a shortage of firms that represent homeowners, but you can count on us to take care of you. If you need legal guidance, contact our Florida HOA dispute lawyer today to discuss your case.
Contact Us Today
It is important to reach out to one of our experienced lawyers as soon as you realize you might have a dispute with your HOA. The sooner you can retain legal assistance, the less of a pain the issue will likely be. Give Perez Mayoral, P.A. a call as soon as possible so we can go over the details of your case, and provide the next steps to take. We have experience dealing with these matters and would be more than happy to try to help resolve any issues you are concerned about. Call today to set up a consultation! We look forward to hearing from you.