Educational Videos

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...

In Florida, an HOA may have the authority to regulate the exterior of your home, depending on the type of property in question. There are three types of property within an HOA: unit owner property, limited common elements, and common elements. Each type comes with different responsibilities and restrictions. For example, common...

In Florida, an HOA can restrict short-term rentals, but they must follow the law for enforcement. This means the restriction must be included in the governing documents of the association. If it’s not in the governing documents, the association cannot enforce it. Typically, associations will amend their governing documents to include a...

To challenge an unfair election process, the first step is to ensure you preserve the record. This means you should request an inspection of all election-related documents, including ballots, proxies, and any other materials the association has concerning the election. Once you have access to this documentation, you can verify if the...

When dealing with an HOA, it’s common to find a map or plat that outlines the property, which is often recorded alongside the association’s declaration. The first thing you should do is review the Declaration, also known as the covenants or the governing documents, which are recorded in the public records. This...

To challenge a problematic HOA rule, there are a few different approaches you can take. First, it’s important to check the procedure to confirm whether the rule is an official one that must be followed. You can do this by reviewing the public records for your municipality to see if the rule...

When it comes to hiring a business litigation attorney, it might seem obvious, but it’s crucial to choose someone with experience specifically in business litigation. Business litigation is different from typical civil or personal injury cases because it requires an attorney who truly understands the nuances of these disputes. An experienced business...