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 This transcription was AI generated Transcription: 00:00:05 unit owners and homeowners who are members of a homeowners association or condominium association can file lawsuits against individual board members of their association generally those lawsuits are for breaches of fiduciary duty those lawsuits may be either shareholder derivative actions or what are...

 This transcription was AI generated Transcription: 00:00:04 an association may restrict the type of landscaping that you put on your property specifically under the declaration there will be a provision that describes what are considered common elements what are considered limited common elements or common areas and what is considered homeowner...

   Transcription: 00:00:04 if you believe your HOA is discriminating against you the best thing you could do is document what is happening if it is verbal or written statements document those okay either by saving the communications or memorializing them or gathering witnesses to those statements being made if the...

 Transcription: 00:00:00 [Music] some common rules that homeowners often misunderstand within the association context is the ability to make alterations to areas within the community often times an association within their declaration will provide what types of areas can be modified for instance there are common elements within an association there...

   Transcription: 00:00:04 generally an association can take legal action against a unit owner or a homeowner for violating the community’s rules what form of legal action depends on what type of Association it is an HOA under florid statute 720 then generally that legal action must begin with a demand...

   Transcription: 00:00:04 your HOA may be able to raise fees without a vote of the membership now there’s separate different types of Assessments that can come into play within an association the first one is regular monthly maintenance regular monthly maintenance is allocated through the budget the budget is completed...

   Transcript: 00:00:04 an HOA can absolutely impose restrictions on your property without your consent one of the things that I often advise my clients on the initial phone call is that all Association have what’s known as covenants that run with the land okay these covenants were in place before...

   Transcript: 00:00:04 If your HOA fails to maintain common areas, you do have legal recourse against the HOA if it caused damage to your home. 00:00:14 Specifically, under Florida statutes, the HOA has an obligation to maintain common elements. If they do not maintain common elements, they have likely breached...

   Transcript: 00:00:04 the HOA may be able to regulate the exterior of your home in Florida law you will see that there are essentially three different types of property within an HOA there is what’s called Unit owner property limited common elements and common elements each of those three types...

   Transcript: 00:00:04 an HOA can restrict short-term rentals in the State of Florida now in order to do so they must comply with the law for enforcement of that restriction that means it must be in the governing documents of the association if that restriction is not in the governing...