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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.
Fort Lauderdale HOA Lawyer
Are you looking for an HOA lawyer in Fort Lauderdale, FL?
At Perez Mayoral, P.A., we win results for Fort Lauderdale homeowners, from reversed fines and recovered damages to full board recalls.
If your homeowners association in Fort Lauderdale has fined you, denied a request, or refused to follow its own rules, our Fort Lauderdale, FL HOA lawyer can measure the board’s action against the covenants and Florida law to assess your legal options. We handle assessment challenges, selective enforcement, election disputes, records demands, and the fines and suspensions boards impose without proper process. Our firm acts for homeowners only, not associations. Perez Mayoral, P.A. serves owners across Fort Lauderdale and Broward County, and we give a straight read on a claim before you commit to it. Contact us to request an initial case review.
HOA Lawyer Fort Lauderdale, FL
An HOA lawyer represents homeowners in disputes with the association that governs their community, on questions ranging from assessments and fines to elections, records, and the board’s duty to maintain what it controls. We handle these matters for owners, not for boards.
Fort Lauderdale formally recognizes more than 60 neighborhood associations, and many deed-restricted communities add a homeowners association on top of that. Where that many associations govern daily life, disputes are common, and the outcome usually depends on whether the board followed its own documents and the law.
Types of HOA Cases We Handle in Fort Lauderdale
Owners come to us when a board oversteps its authority or ignores its obligations. The particular dispute varies, but the analysis stays the same.
- Assessment and fee disputes. We challenge assessments and fees adopted without proper authority, notice, or vote, including the kind of illegal special assessment a board levies to cover its own missteps.
- Selective enforcement. When a board applies a rule to you but excuses the same conduct in others, we assemble the comparison evidence that makes selective enforcement provable.
- Fines and suspended rights. We contest fines, and the suspension of amenities imposed without the notice and hearing the law requires.
- Common-area maintenance failures. When a board neglects what it must maintain, we pursue the owner’s recourse for the common areas and the damage that follows.
- Election and voting disputes. We litigate unfair elections, improper voting procedures, and the recall of a board that will not follow the rules.
- Discrimination and harassment. When a board or a neighbor targets an owner over a protected characteristic, we pursue the claim, and owners can also file a complaint with HUD.
- Condo. When the community is a condominium rather than a homeowners association, we handle the same conflicts for unit owners.
Why Choose Perez Mayoral, P.A. as My HOA Lawyer in Fort Lauderdale, FL?
Owner-Side Advocates Who Know How Boards Operate
Erik A. Perez and Michael P. Mayoral lead the firm’s homeowners and condominium litigation practice, and both spent earlier years representing associations and their insurers. That background means they recognize a board’s tactics in many types of conflicts, from the way a fine is papered to the arguments a manager will raise. We read the documents first, build a record the board cannot dismiss, and prepare every matter as if it will be tried.
A Record of Results for Fort Lauderdale Owners
Our results include recoveries of millions of dollars for owners, along with outcomes that money alone does not capture, from reversed fines to the removal of a board that would not follow its own rules. Fort Lauderdale disputes reward preparation and a clear reading of the covenants, and that is where our work goes.
Understanding HOA Disputes
An HOA dispute brings together the recorded documents, the board’s conduct, and the rights Florida gives parcel owners. Understanding how those interact lets an owner judge a claim before committing to it.
How an HOA Dispute Is Decided
An HOA dispute is decided by three things: the recorded documents, the board’s conduct, and the protections owners hold under state law. The association’s declaration, governing documents, or rules and regulations set the outer limit of what a board may require, and understanding how those documents rank is often the first task, because a rule cannot override a covenant and a covenant cannot override the statute. The state’s HOA statute adds protections the documents cannot take away. Before a board fines, assesses, or enforces a restriction, it must follow the procedure the documents and the statute require, and a step it skips is often the owner’s strongest point.
When the board falls short, an owner’s remedies can include a reversed fine, an accounting, money damages, or a court order compelling the association to comply. We compare what happened against what the documents require before we advise you, and when a dispute is better settled than litigated, we will tell you.
What Matters Most in an HOA Dispute?
- The documents and the process. Whether the board followed the procedure its own documents and Florida law require is usually the decisive question.
- The record. The notices, ballots, minutes, and letters an owner preserves often carry the claim.
- Comparable treatment. A rule enforced against you but excused for neighbors invites a selective-enforcement challenge.
- Deadlines and pre-suit steps. HOA claims are subject to filing deadlines and, in many cases, a required pre-suit process, so acting promptly protects both the remedy and the evidence.
What Is the HOA Dispute Timeline?
An HOA dispute tends to move through the same stages, though the board’s willingness to engage sets the pace. We begin by reviewing the covenants and the board’s actions, then send a demand or a formal records request. Many HOA disputes call for pre-suit mediation before a lawsuit may proceed. If that does not resolve the matter, we file and litigate in the Broward County courts, where the case ends in a settlement, a trial, or another binding decision. How long a dispute takes depends on its complexity and on the association’s response, so timelines vary from one matter to the next.
What Should You Bring to Your Consultation?
The first meeting is more useful with the necessary documents in front of us. Please bring:
- The declaration, bylaws, articles, and current rules of your community.
- The fine, violation, or assessment notices you received, along with your responses.
- Records of your payments and any correspondence with the board or its manager.
- Photographs or documentation of the condition or conduct at issue.
With those, we can weigh the board’s conduct and give you a candid view of your options and the likely cost.
Fort Lauderdale Courts and Local Resources
HOA disputes in Fort Lauderdale that reach court are heard in the Seventeenth Judicial Circuit, which serves Broward County. Building permits and a property’s history come from the City of Fort Lauderdale’s permit records, and the Florida Bar’s consumer resources explain common legal terms for owners handling a dispute. Gathering these records early is part of the preparation that an HOA claim rewards.
Reach Out to Perez Mayoral, P.A. to Schedule a Consultation
Perez Mayoral, P.A. represents homeowners across Fort Lauderdale and Broward County, and it has built its practice for owners rather than boards. Our Fort Lauderdale HOA lawyer can read your governing documents, measure the board’s conduct against them, and pursue the remedy the record supports. Acting before the fines and deadlines stack up tends to keep more options open. Contact us to request an initial case review.
HOA Statistics in Fort Lauderdale
In a Florida community governed by a homeowners’ association, an elected board sets assessments, reviews requests for exterior changes, and enforces the community’s covenants, also known as the association’s declaration, governing documents, or rules and regulations. Most households in the Fort Lauderdale housing market own their homes, and an owner who buys in an HOA community is bound by those documents.
- About 45 percent of homes in Florida are part of an HOA, according to a 2024 Florida House staff analysis.
- Around 21.6 million of the 86.6 million owned households in the United States paid a condo or HOA fee in 2024, based on Census Bureau survey data.
- HUD’s 2022 housing market analysis estimated the homeownership rate in the Fort Lauderdale-Pompano Beach-Deerfield Beach housing market, which covers Broward County, at 61.1 percent among roughly 769,800 households.
A board’s decision on assessments, fines, or enforcement generally applies to every owner in the community, and an owner who challenges it must show that the board acted outside its authority under the governing documents or contrary to Florida law. Our HOA lawyers in Fort Lauderdale represent owners at every stage of these disputes, from the first written response to a violation notice through mediation, arbitration, and trial.
Mistakes That Can Damage Your HOA Claim
Steps an owner takes before contacting a Fort Lauderdale HOA lawyer often become part of the record if the dispute later proceeds to mediation, arbitration, or court.
- Withholding assessments as a protest. Stopping payment usually creates a second dispute, because unpaid assessments can accrue late fees and interest and lead to a lien against the home. Paying under written objection keeps the dispute focused on the board’s decision.
- Relying on the association’s attorney or manager. The association’s attorney represents the association rather than individual owners, and a community manager works for the board under contract, so neither owes an individual owner a duty of loyalty.
- Answering a violation notice by phone. A phone call leaves no record of the owner’s objection. Responding in writing allows the owner to address each alleged violation, identify the provision of the governing documents the board relies on, and request a hearing where one is available.
- Building before written approval. A fence, paint color, or addition completed before the architectural review committee acts can be cited as a violation even if the design would have been approved. When a request is denied, the committee’s stated reasons and the published criteria determine whether the architectural approval decision can be challenged.
- Asking for records in conversation. Requests made at a meeting or by phone are difficult to enforce. A dated, written records request sent by certified mail documents when the request was made and whether the association responded.
- Treating presuit mediation as a formality. Presuit mediation is often the first time a neutral party hears both positions, and an owner who arrives without documents or a written statement of the remedy sought limits what the session can accomplish.
- Missing the filing deadline. Under section 95.11, negligence claims, such as claims for damage caused by an association’s failure to maintain a common area, generally must be filed within two years if they arose after March 24, 2023. Actions founded on a written instrument, which can include claims under the governing documents, generally must be filed within five years. At the first review, a Fort Lauderdale, FL HOA attorney at our firm determines which period applies and when it began to run.
Fort Lauderdale HOA Lawyer FAQs
Can my HOA fine me without a hearing?
Most HOA fines and suspensions require written notice and an opportunity for a hearing before a committee of members who do not serve on the board. An owner can challenge a fine without a hearing or a fine the committee did not approve.
How do I remove an HOA board member?
Owners can remove a board member through a recall, by written agreement or by a vote at a meeting called for that purpose. Recall disputes are resolved through binding arbitration with the Department of Business and Professional Regulation or in court. A Fort Lauderdale HOA attorney can review the recall papers before they are delivered to the board.
Can I sue an individual HOA board member?
Directors owe the members a fiduciary duty, and a director who uses the position for personal gain can face a claim individually. Florida law limits personal liability for ordinary board decisions, so most claims proceed against the association. Contracts, meeting minutes, and conflict-of-interest disclosures usually show whether a director’s conduct falls outside those protections.
Can my own conduct reduce what I recover from an HOA?
Florida applies comparative fault to negligence claims under section 768.81. Damages are reduced by the owner’s share of fault, and an owner found more than 50 percent at fault for his or her own harm recovers nothing. In a negligence claim against an association, the timing of the owner’s reports and repairs is often part of that analysis.
Can my HOA place a lien on my Fort Lauderdale home?
Associations can record a lien for unpaid assessments and the related charges the law allows, and in some circumstances can foreclose on it. When a lien is recorded, a homeowners association lawyer in Fort Lauderdale compares the amount claimed with the owner’s payment history and the governing documents and identifies any charges the documents do not authorize.
How do proxies and quorum affect an HOA vote?
Quorum is the minimum member participation the bylaws require before members can vote, and a proxy lets an owner who cannot attend authorize another person to vote. A vote taken without a quorum, or one counting proxies that do not meet the governing documents’ requirements, may be invalid. Our review of proxies and quorum begins with the sign-in sheets, proxy forms, and ballots.
Are HOA rules separate from City of Fort Lauderdale code?
The City of Fort Lauderdale enforces its code through its own compliance process, and an HOA enforces its restrictions under the governing documents. A city permit does not replace the association’s architectural approval, and the association’s approval does not replace a required permit. When a dispute involves both, an HOA attorney in Fort Lauderdale, FL reviews the city’s records with the association’s file.
Does every HOA dispute end up in court?
Many HOA disputes are resolved before trial through presuit mediation, which Florida law requires for many of them, through state arbitration of election and recall disputes, or through a settlement reached after a written demand. Our initial assessment compares the expected cost of litigation with the remedies realistically available, so the owner can decide whether to proceed.
Can my HOA change the rules after I bought my home?
Members can amend the declaration through the procedure it contains, and the board can adopt rules within the authority the declaration grants. A board rule that conflicts with the declaration is subject to challenge, as is an amendment adopted without the required vote. Certain rental restrictions adopted by amendment apply only to owners who consented to them or acquired title afterward.
Can neighbors bring an HOA claim together?
Owners affected by the same board decision can often file together and share the cost of litigation. Joint claims work best when the owners agree in advance on their objectives and on how case decisions will be made. Because each household’s facts differ, our Fort Lauderdale HOA attorneys review the documents for every participating owner.
Important Resources for Fort Lauderdale HOA Cases
What Are Important Florida Legal Resources for HOA Cases?
Florida law governing homeowners’ associations is found primarily in the Florida Statutes, along with the arbitration program administered by the Department of Business and Professional Regulation.
- Chapter 720 of the Florida Statutes governs homeowners’ associations.
- Chapter 617 governs nonprofit corporations, the form under which many HOAs are organized.
- The DBPR homeowners’ association page describes the state’s binding arbitration program for HOA election and recall disputes.
What Are Important Local Resources for Fort Lauderdale HOA Disputes?
Several Broward County offices maintain the court filings, property records, and recorded documents that an HOA lawyer in Fort Lauderdale often reviews.
- Broward Clerk of Courts, (954) 831-6565: circuit civil filings and case records.
- Broward County Property Appraiser, (954) 357-6830: parcel ownership and valuation records.
- Broward County Official Records, 311: recorded deeds, liens, and community documents.
- Broward Human Rights Section, 311: complaints of housing discrimination.
Perez Mayoral, P.A. provides these listings for reference only. Their inclusion does not imply an endorsement, and none of these offices is affiliated with our firm.
About Perez Mayoral, P.A.
Perez Mayoral, P.A. represents homeowners in disputes with their associations and does not accept HOAs or condominium associations as clients. Our attorneys have Over 100 Years of Combined Legal Experience. Fernando A. Prego, managing partner of the firm’s hourly division, began his legal career in 2006 as a file clerk and now represents homeowners in state and federal courts. He obtained summary judgment against a homeowners’ association whose failure to maintain common elements caused water damage to a client’s home, and in 2026 Super Lawyers named him to its Rising Stars list for civil litigation in Florida.
What Our Clients Say
★★★★★
I cannot say enough great things about my consultation with Erik Perez. From the very beginning, he took the time to thoroughly review all of my documents and truly understand the details of my HOA issue. His knowledge and command of the subject matter were immediately apparent, and he explained everything in a way that was clear, patient, and easy to understand.
Noah Castillo
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Additional Resources for Fort Lauderdale HOA Cases
- HOA Board Abuse of Power in Florida: When a Homeowner Needs an HOA Lawyer to Intervene
- What Happens When an HOA Ignores Its Own Governing Documents? Insight From a Florida HOA Lawyer
- Can I Sue My HOA In Florida? A Legal Guide
- Can I Sue My HOA For Mismanagement?
- Can a Florida HOA Restrict Where You Park on Your Own Property?
Contact Perez Mayoral, P.A.
If you are contesting a fine, an assessment, or a board decision, our Fort Lauderdale HOA lawyer can review the matter before you decide how to proceed. Property damage claims tied to an association’s failure to maintain common areas are generally handled on a contingency basis, while governance and rule-enforcement disputes use a refundable retainer billed hourly. At the initial case review, an attorney with Perez Mayoral, P.A. reviews your documents and explains the available options. We’re available 24/7 and serve clients in English and Spanish. Contact us to schedule an initial case review.
