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

Common Homeowners Association Issues

In Florida
Homeowners Association’s Duty to Maintain and Repair

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

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

Property Damage Caused by HOA Negligence

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

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

HOA Governance & Transparency Issues

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

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

HOA Rule & Covenant Enforcement Disputes

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

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

HOA Assessment Disputes

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

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

Architectural Control Disputes

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

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

Selective Enforcement, Discrimination & Harassment

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

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

Neighbor Disputes

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

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

Accidents & Personal Injuries

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

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

Video Resources

FOR FLORIDA HOMEOWNERS

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

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

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

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

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

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

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

Can I sue my HOA or Condo Association for negligence?

Can I sue my condominium property management company?

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

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

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

What are my rights regarding challenging a special assessment?

What should I know about renting out my condo unit?

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

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

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

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

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

What are the most common HOA rules that homeowners misunderstand?

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

Can an HOA regulate the exterior appearance of my home?

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

Can an HOA regulate the exterior appearance of my home?

Can an HOA restrict short-term rentals in Florida?

How do I challenge an unfair HOA election process?

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

How can homeowners collectively challenge a problematic HOA rule?

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

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

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

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

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

How can homeowners handle denied insurance claims?

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

Contact us today for a case review.

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

Learn How We Can Help
Commercial Leases

Frequently Asked Questions

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

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

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

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

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

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

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

What types of claims are typically covered by HOA insurance?

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

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

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

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

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

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

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

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

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

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

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

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

How does Perez Mayoral help homeowners with their HOA claims?

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

Fort Lauderdale HOA Lawyer

There are times when HOAs and condo associations end up in conflicts with their residents, and help from a Fort Lauderdale HOA dispute lawyer is needed. There are often resolutions to these disputes that can be found outside of court. Residents may choose to represent themselves when dealing with an HOA disagreement, however, it is strongly recommended that a lawyer is sought to be a source of protection and guidance. It is imperative to understand what your rights are as a homeowner so that you are not taken advantage of by HOA or condo associations who may not be abiding by law. If you suspect that an HOA or related association has violated your rights as a homeowner, now is the time to call Perez Mayoral, P.A. for assistance.

Table of Contents
  1. Your Property Owner Rights
  2. Leverage with a Lawyer
    1. Demystifying HOA Contracts for Homeowners
    2. Clarifying Ambiguities
    3. Transparency
    4. Renegotiating Unfair Terms
    5. Protecting Your Rights During Disputes
    6. Empowerment Through Knowledge
    7. A Partner in Your Home Journey
  3. Florida’s HOA and Condominium Laws
    1. Understanding 
    2. Governing Documents
    3. Election and Voting Procedures
    4. Maintenance and Common Areas
    5. Assessment Collection
    6. Dispute Resolution
    7. The Importance of Legal Expertise
  4. How To Deal With HOA Issues
    1. Contact Us Today
  5. HOA Infographic
  6. Homeowner Association Statistics
  7. Frequently Asked Questions Around Homeowner Associations
    1. Can An HOA In Florida Legally Impose Fines On Homeowners?
    2. Can I Dispute Fines Imposed By The HOA In Florida?
    3. What Can I Do If I Disagree With An HOA Decision In Florida?
    4. Can An HOA Foreclose On My Property In Florida
    5. How Can I Get Involved And Influence Decisions Within My HOA?
    6. Schedule Consultation

Your Property Owner Rights

When dealing with an HOA dispute, the key to a successful outcome is to first know what your property rights are as a homeowner. According to laws for the state of Florida, there are set rights that every association owner has that cannot be violated. Having a Fort Lauderdale HOA lawyer on your side means that you have a legal professional who can inform you of your rights and how the HOA may not be respecting them. After consulting with you about your situation, we may conclude that your issue falls into one of the following categories:

  • Maintenance failures
  • Denial of unit development
  • Discrimination or harassment
  • Violations and fines
  • Resisting board actions
  • Pet-related disputes
  • Election disputes

Modern multi story aparment building

Leverage with a Lawyer

Homeowners do not have to deal with an HOA dispute on their own, as they can greatly benefit from leveraging their side with a lawyer. Sometimes simply having the presence of a lawyer involved in your dispute can motivate HOA to be more cooperative and less invasive against your rights. While it’s unfortunate that it takes a lawyer’s intervention to get an HOA to act lawfully, that could be what ultimately makes the difference in the outcome. Do not hesitate to use a lawyer as a means of protection against an HOA or other association that is breaching the boundary of your rights as a homeowner.

Demystifying HOA Contracts for Homeowners

Navigating through the maze of HOA contracts can be complex, with every line and clause holding significant legal implications. These contracts, also known as the association’s declaration, governing documents, or rules and regulations, outline the agreed-upon responsibilities of both the homeowner and the HOA. Sadly, some HOAs might craft these contracts with ambiguous terms, leading to discrepancies and potential misuse. It’s here that the prowess of a Fort Lauderdale, FL HOA lawyer becomes indispensable for homeowners.

Clarifying Ambiguities

These governing documents are not always easy to decipher, especially when specialized language is used or when certain clauses are strategically left ambiguous. This could result in homeowners inadvertently violating terms they did not fully grasp. A lawyer can clarify these complexities, ensuring you’re not unfairly penalized for misunderstandings or gray areas in the contract.

Transparency

Homeowners deserve a transparent understanding of their HOA contract. Often, potential pitfalls or ambiguities in contracts, or association declarations, go unnoticed until a dispute arises. By consulting a Fort Lauderdale HOA lawyer early in the process, homeowners can ensure that they fully understand their responsibilities and rights, reducing the chance of conflicts in the future.

Renegotiating Unfair Terms

Some homeowners might discover certain aspects of their HOA governing documents seem one-sided or unfair, especially if they signed the agreement without thorough scrutiny. In such cases, having a lawyer by your side can be beneficial. They can identify these unfavorable terms and guide homeowners in renegotiating them, ensuring a fairer deal.

Protecting Your Rights During Disputes

When disagreements escalate, it’s easy for emotions to cloud judgment, leading to hasty decisions. An HOA lawyer can objectively assess the situation, ensuring that homeowners don’t compromise on their rights. Whether it’s through mediation, negotiation, or even litigation, a dedicated attorney can be a stalwart defender of homeowners’ rights, ensuring they aren’t bullied or pressured into unfavorable settlements.

Empowerment Through Knowledge

One of the most overlooked advantages of consulting a lawyer is the knowledge and empowerment homeowners gain. With an understanding of their rights, homeowners can confidently interact with their HOA, ensuring that any decisions made are within the bounds of the agreement and Florida state law.

A Partner in Your Home Journey

Your home represents not just a physical structure but also your aspirations, memories, and future plans. Ensuring that your rights as a homeowner are protected is crucial. Perez Mayoral, P.A. recognizes the sanctity of this bond. Our commitment isn’t just to the legalities but also to the homeowners’ well-being and peace of mind.

Living harmoniously within an HOA community is entirely feasible, provided homeowners are informed, vigilant, and ready to defend their rights. The support of a Fort Lauderdale HOA lawyer, especially one from Perez Mayoral, P.A., can be invaluable in navigating the complexities of HOA documents and disputes. With a blend of legal acumen and a genuine understanding of homeowner concerns, we can be your trusted ally in any HOA-related challenge. Whether it’s clarifying a clause in your contract or standing up for you in a dispute, having professional legal assistance ensures that your home remains the sanctuary it was meant to be.

Florida’s HOA and Condominium Laws

Homeowners’ Associations (HOAs) and condominiums play a significant role in the Florida real estate landscape, shaping the lives of countless residents. To maintain order and protect the rights of both homeowners and associations, the state of Florida has established a comprehensive set of laws and regulations governing these entities. Navigating this complex legal terrain often necessitates the expertise of an experienced Fort Lauderdale, FL HOA lawyer.

Understanding 

Florida’s laws concerning HOAs and condominiums primarily fall under Chapter 720 for HOAs and Chapter 718 for condominiums in the Florida Statutes. These statutes outline various aspects of governance, management, and homeowner rights, ensuring that both associations and residents adhere to specific standards.

Governing Documents

Every HOA or condominium association in Florida must adopt a set of governing documents, such as bylaws and covenants, which outline the rules and regulations governing the community. These documents must be carefully drafted to comply with state laws and protect the rights of homeowners. An HOA lawyer can provide invaluable assistance in crafting and amending these documents to ensure they are legally sound.

Election and Voting Procedures

Florida law outlines detailed procedures for electing association board members and conducting association meetings. This includes rules regarding notice requirements, eligibility criteria, and the handling of proxies. Our Fort Lauderdale HOA lawyer can guide associations through these processes, ensuring compliance and transparency.

Maintenance and Common Areas

Maintenance of common areas, such as swimming pools, parks, and clubhouses, is a critical responsibility of HOAs and condominium associations. Florida law mandates specific standards for maintenance, repair, and financial planning for these common elements. Associations must allocate funds appropriately and conduct regular inspections to ensure compliance with state laws.

Assessment Collection

HOAs rely on assessments from homeowners to fund common area maintenance and community services. Florida law provides strict guidelines for assessment collection, including the establishment of payment schedules and the initiation of foreclosure proceedings in cases of non-payment. HOA lawyers can assist both associations and homeowners in navigating these complex issues.

Dispute Resolution

Conflicts within HOAs and condominiums are not uncommon. Florida law encourages alternative dispute resolution methods, such as mediation or arbitration, before resorting to litigation. HOA lawyers can help parties involved in disputes explore these options and, if necessary, represent their interests in court.

The Importance of Legal Expertise

Florida’s HOA and condominium laws are multifaceted, covering a wide range of topics crucial for the functioning of these associations. Associations and homeowners alike must be aware of their legal obligations and rights within this framework. Working with an experienced Fort Lauderdale HOA lawyer can prove instrumental in navigating the intricacies of Florida’s HOA and condominium laws, safeguarding the interests of all parties involved. Whether you are a homeowner or part of an association board, legal expertise can help you effectively manage your responsibilities and resolve any disputes that may arise within your community.

Florida HOA Statistics

How To Deal With HOA Issues

  1. Understanding HOA Legal Matters

In the realm of community living, HOAs (Homeowners Associations) play a vital role in maintaining order and harmony. However, conflicts can arise, and that’s where our expertise comes in. An experienced Fort Lauderdale HOA lawyer will have a deep understanding of HOA legal matters, ensuring a smooth resolution for all parties involved.

  1. Navigating HOA Bylaws And Regulations

HOA bylaws and regulations can be intricate and occasionally, even contradictory. Our team of legal experts excels in deciphering these documents and providing clear guidance. We’ll help you understand your rights and responsibilities as a homeowner, making sure you’re always on the right side of the law.

  1. Mediating Disputes

Disputes within an HOA can disrupt the peace of your community. Our lawyers specialize in mediation, helping to resolve conflicts amicably. Whether it’s a disagreement over property maintenance or fee disputes, we aim to find a solution that benefits all parties.

  1. Enforcing Covenants

HOA covenants are binding agreements that govern your community’s appearance and behavior. We can assist your HOA in enforcing these covenants, ensuring that everyone adheres to the rules that maintain property values and neighborhood aesthetics.

  1. Handling Construction And Renovation Issues

Planning a home improvement project within an HOA can be tricky due to various restrictions. Our lawyers can guide you through the approval process, ensuring your project complies with HOA guidelines and local ordinances.

  1. Assessing Fee Collections

HOA fees are crucial for maintaining common areas and services. Our legal team can help your HOA with efficient fee collection methods and handle delinquent accounts, safeguarding the financial stability of your community.

  1. Defending Against HOA Lawsuits

When facing a lawsuit initiated by your HOA or when considering legal action against them, a Fort Lauderdale HOA lawyer can represent your interests. He or she will be well-versed in HOA litigation and will vigorously advocate for your rights.

  1. Staying Informed About Legal Changes

Laws and regulations governing HOAs can change over time. Our law firm is dedicated to staying up-to-date with the latest developments, ensuring that you receive accurate advice and representation in light of any legal changes.

  1. Protecting Your Investment

Your home is one of your most significant investments. Our HOA lawyers are committed to safeguarding that investment by upholding the law and advocating for your rights as a homeowner.

  1. Partner With Us For HOA Legal Support

Whether you’re a homeowner dealing with an HOA dispute or an HOA board member seeking legal guidance, our team is here to provide professional, friendly, and effective legal support. We understand the complexities of HOA matters and are dedicated to helping you find a resolution.

Contact Us Today

An experienced Fort Lauderdale HOA lawyer should be your trusted partner in navigating the intricate world of homeowners’ associations. With our expertise, you can resolve disputes, protect your rights, and ensure your community thrives. Don’t let HOA issues disrupt your peace of mind – contact Perez Mayoral, P.A. today for expert legal assistance and let us help you find the solutions you need. Your community’s harmony and your investment’s protection are our top priorities.

HOA Infographic

How To Deal With HOA Issues Infographic

Homeowner Association Statistics

There are three common types of community associations: homeowners associations, condo communities, and co-ops. According to the most recent published data, HOAs make up 60% of association types. There are 38% condominium communities and 2% cooperatives. The total number of community associations has increased 35 times. In the 1970s, there were only around 10,000 community associations in the United States. This number increased to 363,000 in 2022.

If you are considering purchasing property associated with an HOA, make sure to speak with our HOA lawyer to ensure you are fully aware of all of the rules and regulations required by the association.

Frequently Asked Questions Around Homeowner Associations

Each Fort Lauderdale, FL HOA lawyer from our firm understands that homeowners often have questions and concerns regarding their homeowners’ association (HOA). Below are answers to some of the frequently asked questions we receive from clients to help homeowners better grasp their rights and responsibilities in dealing with HOA matters.

Can An HOA In Florida Legally Impose Fines On Homeowners?

Yes, under Florida law and the HOA’s governing documents, an HOA has the legal right to impose fines on homeowners for violations of community rules and regulations. However, these fines should be reasonable and in accordance with the guidelines outlined in the community’s governing documents.

Can I Dispute Fines Imposed By The HOA In Florida?

Yes, homeowners in Florida have the right to dispute fines imposed by the HOA. If you believe the fine is unjust or incorrect, you can follow the dispute resolution process outlined in your community’s governing documents. This may involve attending a hearing or mediation to present your case. A Fort Lauderdale HOA lawyer can help you with this process.

What Can I Do If I Disagree With An HOA Decision In Florida?

If you disagree with an HOA decision in Florida, you have options. First, review your community’s governing documents to understand the dispute resolution process. This often involves filing a formal written complaint with the HOA. If the issue persists, seeking legal advice from an experienced HOA lawyer can provide guidance and help protect your rights.

Can An HOA Foreclose On My Property In Florida

Yes, an HOA in Florida has the legal right to initiate foreclosure proceedings if a homeowner is in arrears with HOA fees or assessments. It’s crucial to stay informed about your financial obligations and ensure timely payments to avoid such serious consequences. If you are being threatened with foreclosure by your HOA, consulting a lawyer who specializes in this area of law to understand your rights and options is advisable.

How Can I Get Involved And Influence Decisions Within My HOA?

To influence decisions within your HOA, active participation is key. Attend association meetings regularly and consider joining committees or running for a position on the HOA board. Your involvement allows you to voice concerns, propose changes, and contribute to decisions that shape the community.

At Perez Mayoral, P.A., we specialize in providing legal support and guidance to homeowners dealing with HOA issues in Florida. If you have further questions or concerns regarding your HOA, we’re here to help. Our experienced HOA lawyers are dedicated to protecting your rights and ensuring a fair resolution. Contact us today to discuss your specific situation and find the best path forward. Your peace of mind matters to us, and we’re committed to advocating for your rights within your community. Call our office today to schedule a confidential consultation with a skilled Fort Lauderdale HOA lawyer to find out what legal options you may have.

Schedule Consultation

If you need help with an HOA issue, now is the time to get help. Do not wait until the matter has worsened before getting legal assistance. At Perez Mayoral, P.A., we know that what you probably want more than anything is just to exist peacefully in the home you have chosen to live your life. Being pestered by HOA or not receiving a proper response to a serious concern of yours are valid reasons to consult with a Fort Lauderdale HOA lawyer. A lawyer experienced in handling condo association or HOA problems can increase the chances that your interests will be considered. If an alternative resolution outside of court is not possible, our legal team can prepare you for showing your case in front of a judge. But for now, consider taking us up on our offer of a consultation so we can find out how to best support you.

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