What recourse do I have if my HOA fails to maintain common areas? – Perez Mayoral
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...
Can an HOA regulate the exterior appearance of my home? – Perez Mayoral
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...
Can an HOA restrict short-term rentals in Florida? – Perez Mayoral
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...
How do I challenge an unfair HOA election process? – Perez Mayoral
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...
How do I handle disputes over property boundary lines with my HOA? – Perez Mayoral
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...
How can homeowners collectively challenge a problematic HOA rule? – Perez Mayoral
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...
What should I look for in a Business Litigation Attorney? – Perez Mayoral
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...
What should a homeowner know about a declaration in an association? – Perez Mayoral
If you’re living in an HOA, one of the most important things to remember is that you’ll likely need approval for any alterations you want to make to your property, especially if it involves the exterior, the roof, your backyard, or balcony. Before making any changes, it’s crucial to read the community’s...
Why do I need an attorney for a denied insurance claim? -Perez Mayoral HOA, Condo & Business Lawyers
If you’re a homeowner or part of a condominium association and your insurance claim has been denied, it’s crucial to consult with a knowledgeable attorney who specializes in condominium or HOA law. Insurance claims in these settings are far more complex than typical homeowner’s insurance claims because the responsibilities for repairs and...
What steps can I take if my HOA is not transparent with its financials? – Perez Mayoral
HOAs often aren’t transparent with their financials, including bank statements, contracts, and agreements with vendors for work done in the community. However, the law requires that these documents be kept in the HOA’s official records for at least 7 years. As a homeowner, you have the right to inspect these records. You...