Disputes Common in South Florida
There are more than enough areas in which HOA disputes occur to keep our attorneys’ skills sharp. All of the rules put in place by your homeowners association in Covenants, Conditions & Restrictions (CC&Rs) can be restrictive, unclear or selectively enforced. The following list is a sampling of common HOA disputes that can may be making your life uncomfortable, nerve-racking or even unbearable:
Violations of Homeowners Association Covenants
In many situations, the internal mismanagement of your homeowners association may have a negative impact on you, your home, your lifestyle or your pocketbook. You HOA may, for example, violate its agreement with you by:
- Making agreements with contractors (e.g landscapers, accountants, insurance agents, etc.) for which they did not have authorization
- Engaging in developer turnover in which they failed to receive all necessary documents
- Engaging in manipulations of HOA elections or meetings by postponing meetings, intimidating voters or using proxy voting to keep some parties from having an equal voice in decision-making
- Improperly assessing properties
- Budgeting with poor judgment or even malfeasance
- Failing to fully disclose details pertaining to units for sale
You may have a serious complaint about poor maintenance of common areas or a dispute concerning whose responsibility it is to maintain and repair pipes, air-conditioning units, and fire sprinklers. Because so much depends on the precise legal wording of documents, and the exact location of the property damaged, our knowledge of the law and our experience fighting such battles will be invaluable.
On the other hand, the homeowners association may have a complaint about you, claiming that you damaged communal property or violated prohibitions against certain paint colors, lawn ornaments or political signs on your individual property. In such cases, our HOA dispute attorneys are here to protect your rights by finding out exactly what stipulations were included in the documents your signed and establishing whether those rules are being enforced fairly or in a discriminatory manner.
Disputes Between Neighbors
Although HOAs normally have by-laws explaining how disputes between neighbors within the community will be handled, sometimes those in charge do not have the judgment, clout, or sense of fairness to settle matters without legal intervention. At such times, contacting our HOA dispute lawyers is a wise move. Whether litigation can be avoided or must proceed, our counsel will no doubt be helpful and cost-effective.
Discrimination and Harassment
Whether you and your loved ones are being treated in a discriminatory manner or harassed by a neighbor, the HOA, or a third party (such as a contractor or electrician working under the auspices of the homeowners association), such conduct is illegal.
Our HOA dispute attorneys are well-versed in the federal and state laws protecting your rights and will provide you with aggressive support if you are being targeted or treated unjustly because of your race, ethnicity, religion, age, gender, sexual orientation or identity, or any other category protected under the law.
Structural defects that deface your home or threaten your family’s health or safety typically must be repaired by the HOA. Though an inspection may be required to determine the source of the defect, it is almost always the responsibility of the homeowners association to repair or replace defective external structures that were included in your purchase, such as a defective balcony or a faulty window.
Nonetheless, your HOA may fight to keep from financing necessary repairs by claiming you caused the damage. Without our strong legal representation, you may feel that you are fighting a losing battle. Don’t let your homeowners association bully you into paying for repairs you are not responsible for. After all, you pay a hefty amount for their maintenance on a monthly basis.
Accidents and Personal Injuries
In some unfortunate cases, the HOA’s failure to maintain common areas may result in damage to your personal property or in personal injury. If you have been hurt in a swimming pool accident related to structural damage or assaulted as a result of inadequate lighting or security, we may be able to hold the homeowners association accountable for all losses related to your injury, including pain and suffering.
As you can see, confrontations with HOAs are nothing if not complicated. This is why you need our trustworthy legal counsel before you tackle an HOA dispute.
Contact Our Experienced HOA Dispute Attorneys for Savvy Legal Guidance
In situations like this, in which you are confronting a large, well-funded opponent, it pays to make sure you have the powerful lawyers of Perez Mayoral fighting on your side.