Educational Videos

If you’re renting out your condo unit, there are a few key things you should know. First, review the Declaration to understand what’s required to have a tenant in your unit. Some associations require written approval from the board before a tenancy begins. You’ll also need to check the Declaration to...

Homeowners have specific rights when it comes to challenging special assessments. An attorney will first check whether the association complied with the notice requirements under the Condominium Act and the association’s governing documents. If these requirements were not met, the special assessment can be deemed illegal and unenforceable, making any assessments...

If you’re a unit owner or homeowner in an association, it’s important to know that you can file lawsuits against individual board members for breaches of fiduciary duty. These lawsuits can be either shareholder derivative actions or direct actions, depending on the harm you’ve experienced. However, it’s a highly technical legal...

As a homeowner, the association may have restrictions on the type of landscaping I can put on my property. This is typically outlined in the declaration, which defines common elements, limited common elements, and homeowner property. Landscaping in my front or backyard may fall under limited common areas, and I would...

If you believe your HOA is discriminating against you, the best approach is to document everything. Save any verbal or written statements, and make sure to memorialize them. If possible, gather witnesses to back up your claims. In cases of selective enforcement, where the HOA enforces a rule against you but...

Homeowners often misunderstand the rules regarding making alterations in their community association, especially when it comes to limited common areas. These are areas outside the home that are typically for the exclusive use of one homeowner, like patios or parking spaces. The confusion usually arises because homeowners aren’t aware that modifications...

In Florida, an association can take legal action against a homeowner for violating community rules, but the type of legal action depends on the kind of association. For an HOA under Florida statute 720, legal action usually starts with a demand for mediation. If it’s a condominium association, some disputes must...

Your HOA may be able to raise fees without a membership vote, depending on the type of assessment. Regular monthly maintenance fees are typically set through the annual budget and election meeting. However, if unexpected issues arise, such as roof or parking lot deterioration, the association may need to pass a...

I often advise my clients that Homeowners Associations (HOAs) can impose restrictions on their property even without their explicit consent. These restrictions are outlined in covenants that run with the land, which were established before you even purchased your home. These covenants are publicly recorded and set rules regarding modifications to your...

If your HOA fails to maintain common areas and it causes damage to your home, you do have legal recourse. Under Florida law, the HOA is obligated to maintain common elements, and if they neglect this responsibility, they may have violated both the statute and the declaration between the homeowner and the...