Can an HOA change rules without homeowner approval? – Perez Mayoral
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00:00:00 – 00:01:09
Generally speaking, an HOA can change some rules without unit owner or homeowner approvals, but it’s really limited. To find out what an HOA, or more specifically, what a board of an association can do, you’re going to want to look at the...
How to handle disputes with your HOA in Sarasota? – Perez Mayoral
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Transcript:
00:00:00 – 00:00:58
Handling a dispute with an HOA in Sarasota is similar to handling a dispute anywhere in Florida. The issues unique to Sarasota, of course, are the condominiums. You know, Sarasota’s along the coast, you have a lot of condos near the coast, and...
Can I sue my HOA or condo association for not enforcing rules? – Perez Mayoral
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00:00:00 – 00:01:07
You can sue your HOA or condo association for not enforcing rules. As a homeowner that lives in an HOA or condo association, there’s a contract. The contract is the governing documents. The governing documents are things like the declaration, the bylaws,...
What documents can I request from my HOA or condo association in Florida? – Perez Mayoral
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00:00:00 – 00:01:14
You can request all association records from your HOA. Florida statute provides that associations are required to maintain their records for the past seven years and upon a request for an inspection of records that’s sent to the assoc association via certified...
How can I get a copy of my HOA bylaws in Florida? – Perez Mayoral
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00:00:00 – 00:01:01
You can get a copy of your HOA bylaws in Florida a few different ways. First and foremost, the easiest way may be to simply request it from the property management company. The property management companies should have all of these records...
How do I address conflicts over shared amenities with other condo owners? – Perez Mayoral
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00:00:00 – 00:01:17
[Music] In order to address conflicts over shared amenities, you first need to review the governing documents to identify what they say about that specific amenity. Oftent times homeowners get into disputes as it relates to use of those amenities. Oftent times...
How do I prove fraud in a business litigation case? – Perez Mayoral
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00:00:05 – 00:01:05
Proving fraud in a business litigation case is a deeply factual inquiry. The most typical type of fraud you’re going to see in a business litigation case is fraudulent inducement. Does somebody fraudulently induce another party to get into contract with them,...
Can I sue my HOA or Condo Association for selective enforcement? – Perez Mayoral
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Transcription:
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You can sue your HOA, your condo association for selective enforcement. Now, the concept is a little bit tricky because selective enforcement originates in the law as what’s known as a def affirmative defense, meaning it’s a defense in a claim. For instance, if...
Can I sue my HOA or Condo Association for negligence? – Perez Mayoral
Yes, you absolutely can sue your condo or HOA for negligence—and it happens quite often. At our firm, we regularly see cases where a homeowner’s unit was damaged because the association failed to maintain the common elements, created a nuisance, or outright violated the law. To prove negligence, you’ll need to show...
Can I sue my condominium property management company? – Perez Mayoral
You may be able to sue your condominium property management company, but it’s not always straightforward. The condo association has a non-delegable duty to homeowners, meaning it can be held liable for damage caused by vendors or contractors it hires. So in many cases, the easier and more effective route is...