Miami, FL 
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Florida HOA Attorneys for Homeowners
We Fight for Homeowners Against HOAs and Condo Associations
At Perez Mayoral, P.A., we proudly represent homeowners only – never HOAs or condominium associations. When your HOA or condo association crosses the line, our attorneys are here to fight for you, protect your rights, and help you take back your peace of mind.
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Common Homeowners Association Issues
In Florida
Homeowners Association’s Duty to Maintain and Repair
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.
Property Damage Caused by HOA Negligence
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.
HOA Governance & Transparency Issues
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.
HOA Rule & Covenant Enforcement Disputes
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.
HOA Assessment Disputes
Disputes over HOA assessments can occur when homeowners believe the charges are unjustified or excessive. These disputes often arise from a lack of transparency in how fees are calculated or spent, with homeowners questioning the necessity of certain assessments or how funds are being used, especially if the HOA fails to provide detailed financial reports or explanations.
Our firm has extensive experience in dealing with HOA assessment disputes and can assist you in challenging unfair or excessive fees. We work to protect your financial interests and ensure fair treatment under HOA regulations, helping you navigate the complex rules surrounding assessments.
Architectural Control Disputes
Many HOAs have architectural control committees that review and approve changes or additions to properties. Disputes arise when homeowners feel these committees are acting arbitrarily or unreasonably in denying or modifying requests, or when there are disagreements over the interpretation of community standards and guidelines. Homeowners may feel that their property improvements are being unfairly restricted or that the HOA is overstepping its authority.
If you are facing a dispute over architectural changes, our attorneys can help you navigate the approval process and challenge any unreasonable denials. We advocate for your right to make improvements to your property in compliance with community standards, ensuring fair treatment for all homeowners.
Selective Enforcement, Discrimination & Harassment
HOAs are obligated to enforce rules fairly and without discrimination, but issues can arise when associations engage in selective enforcement or discriminatory practices, such as imposing rules on certain homeowners while ignoring the same violations by others. Discrimination and harassment by board members or neighbors can also lead to legal action, especially if based on race, ethnicity, religion, or other protected characteristics.
Our attorneys are well-versed in laws protecting homeowners from discrimination and harassment. If you are experiencing unfair treatment or selective enforcement from your HOA, we are here to provide the legal support you need to ensure your rights are protected.
Neighbor Disputes
Disputes between neighbors in HOA communities can range from noise complaints to property boundary issues, and these conflicts can escalate when HOAs fail to enforce community rules impartially or do not effectively mediate. When direct resolution efforts fail or when the HOA does not adequately address the situation, legal intervention may become necessary to restore community harmony.
Our firm has substantial experience in resolving neighbor disputes in HOA communities. We work to find fair and effective solutions that protect your rights and maintain community harmony, ensuring that all parties are treated fairly.
Accidents & Personal Injuries
Inadequate maintenance of common areas by an HOA can lead to accidents and personal injuries, such as slip-and-fall incidents due to poorly maintained walkways or injuries resulting from inadequate security measures. If the HOA’s negligence in maintaining safety measures directly contributes to accidents, homeowners may be entitled to compensation for medical expenses, lost wages, and other damages.
If you’ve been injured due to the negligence of your HOA, our attorneys can help you pursue compensation for medical expenses, lost wages, pain and suffering, and other related damages. We are committed to holding HOAs accountable for maintaining safe community environments.
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FOR FLORIDA HOMEOWNERS
If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.
Contact us today for a case review.
HOA troubles turning your dream home into a nightmare? From maintenance failures and excessive fines to neighbor disputes, discrimination, and board governance issues, Perez Mayoral, P.A. is here to help. Our experienced attorneys will protect your homeowner rights and resolve your HOA conflicts. Don’t let these problems persist.
Frequently Asked Questions
About HOA Claims
Can I sue my HOA or Condominium Association for negligence in Florida?
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.
Is my HOA or Condominium Association responsible for repairing damage to my home?
The responsibility of an HOA or Condominium Association in Florida for repairing damage to your home largely depends on the nature of the damage, the cause of the damage, and the governing documents of the community. Here’s a breakdown based on different scenarios and legal frameworks:
- General Liability Principles: While the unit owners generally bear the responsibility for repairing damages within their own units, there are scenarios where the Association may be held liable. If the Association’s negligent repair and maintenance of common elements like the roof, walls, or pipes within the building caused property damage to individual units, then the Association may be liable to repair and/or pay for the repairs to the affected units. This liability could extend to covering costs such as lost rent if the unit was being rented out, expenses for alternative housing if the unit becomes uninhabitable, and compensation for lost personal property due to the damage. It’s the Association’s duty to maintain, repair, and replace common elements or other specified items as per the governing documents and Florida law, and failure to do so diligently can result in liability towards the unit owners for the ensuing damages.
- Negligence Claims: If the damage to your home arises from the negligence of the HOA or Condominium Association, particularly due to their failure to repair, maintain, or replace common elements like roofs, walls, or pipes which then result in issues such as water intrusion or other types of damage, you may have grounds to pursue a negligence claim against the association. In such cases, the association may be held liable for the repairs and/or the cost of repairs to the affected units. This liability might also extend to covering related costs such as lost rent, alternative housing expenses, and the replacement of lost personal property caused by the damage.
- Injunctions: In cases where the association neglects its duties as stipulated in the governing documents, unit owners can potentially seek an injunction against the association, compelling them to comply with their duties and obligations under the governing documents. For instance, if there’s excessive moisture intrusion due to issues with common elements which the association is responsible to maintain, unit owners can seek legal recourse to compel the association to address the issue. Unit owners can potentially sue seeking an injunction against the Association, where a court essentially orders an association to comply with their duties and obligations under the governing documents. A case that encapsulates this is Amelio v. Marilyn Pines Unit II Condo. Ass’n, 173 So. 3d 1037 (Fla. 2d DCA 2015). In this case, the Amelios brought a suit against their Condominium Association for failing to address excessive moisture intrusion in their unit, which was linked to issues with the floor slab—a responsibility of the Association to repair and maintain as per the governing condominium documents. The case underscores that unit owners have a right to seek mandatory injunctions against their Association to compel them to fulfill their obligations as stipulated in the governing documents, particularly when the neglect results in irreparable harm and when there’s no adequate remedy at law. Through such injunctions, unit owners can legally press for corrective action through the courts, ensuring the Association adheres to its maintenance and repair obligations to prevent further damage or harm.
- Statutory framework: In Florida, the statutes provide a comprehensive legal framework outlining the responsibilities of HOA and Condominium Associations concerning the maintenance, repair, and insurance of common elements. Specifically, Section 718.111(11) mandates that the association is responsible for insuring the common elements, outlining the insurance coverage requirements including property insurance for all common elements. If a casualty event like a hurricane, fire, or flood causes damage, the association’s insurance may cover the repairs. The liability of the association and unit owners is also determined based on whether the damage was caused by an insurable event or other causes like normal wear and tear or intentional and negligent acts. On the other hand, Section 718.113 emphasizes the association’s duty to maintain the common elements. If the association neglects this duty and a failure to maintain common elements like roofs, walls, or pipes leads to damage in individual units, the association may be held liable for the repairs. This section also outlines the association’s responsibility for certain elements like hurricane shutters, impact glass, code-compliant windows or doors, etc., if stipulated as such in the declaration of condominium. Furthermore, if the negligence in maintaining common elements causes damage making the unit uninhabitable, the association might be liable for the consequences. These statutes collectively create a framework under which the associations operate, and deviations from these stipulated responsibilities can lead to legal repercussions. The specific obligations and liabilities may also be influenced by the governing documents of the individual community. Hence, understanding the interplay between the Florida Statutes and the community’s governing documents is crucial for both the associations and the unit owners to ensure compliance and address issues related to repairs and maintenance adequately.
Given the intricacies of the legal frameworks and the potential variance in governing documents across different HOA and Condominium Associations, it is highly advisable for individuals facing such issues to hire an attorney experienced in HOA and Condominium litigation to navigate this legal domain effectively.
What types of claims are typically covered by HOA insurance?
HOA and Condominium Associations typically carry various insurance policies for different purposes to safeguard both the association and the community against a range of potential issues and liabilities. Here are the typical types of insurance they carry:
- Property and Casualty Insurance: This insurance is carried to protect the general community and association property against insurable events such as hurricanes or fires. It covers damages to common areas or shared structures (e.g., buildings, community pools, clubhouses, sidewalks) caused by events like fires, storms, or vandalism.
- Directors and Officers (D&O) Liability Insurance: This insurance, often referred to as Errors and Omissions Insurance, is meant to protect the directors and officers of the association in case they are sued for breaches of fiduciary duty or errors in the commission of their acts as board members. It’s designed to cover claims against HOA board members or officers for alleged negligence, mismanagement, or other actions that could be seen as failures in their duties.
- General Liability or Commercial General Liability Insurance: This insurance is to protect the association against negligence claims. These claims can arise from the association’s failure to maintain common elements, leading to property damage to unit owners or claims for personal injuries to unit owners and members of the public occurring on association property.
It’s crucial to note that the coverage details may vary depending on the specific HOA and COA insurance policy as well as the governing documents of the individual community. Therefore, it’s always advisable to review your association’s documents and insurance policy to confirm the coverage details and understand the extent of protection provided against different types of claims and liabilities.
How experienced is the legal team at Perez Mayoral in handling HOA claims?
We have significant experience dealing with HOA claims, so we are well-prepared to help homeowners with problems involving their HOAs and condominium associations. Some important things to know about our experience are:
- Diverse experience: Our lawyers successfully litigated on behalf of homeowners with many different claims, such as property damage, breaches of fiduciary duty, defamation, and shareholder derivative actions.
- Unique viewpoint: Since our legal team used to represent associations and insurance companies, they have the essential knowledge about how HOAs, condominium associations, and their insurers work. This helps them understand how associations operate, which can be helpful when fighting for homeowners.
- Focusing on homeowners: Our attorneys now only represent homeowners, demonstrating our dedication to protecting homeowners’ rights and interests in disagreements with their associations. We have significant experience dealing with HOA claims, so we are well-prepared to help homeowners with problems involving their HOAs and condominium associations.
What is the average cost of hiring an attorney specializing in HOA and COA disputes?
The type of claim determines the appropriate fee structure for our legal services. Most of our practice focuses on representing homeowners and condominium owners who have experienced property damage due to their association’s failure to maintain and repair “common elements” like roofs, windows, water lines and pipes, balconies, and other association property. Generally, we handle these cases on a “contingency” basis, meaning we only get paid if we recover compensation for our clients.
For matters involving rule enforcement, selective enforcement, disputes with association board members, violations of the association’s covenants, discrimination, harassment, conflicts between neighbors, or other related issues, we typically work on a refundable retainer basis. This means that our clients pay for the work we do on the case hourly rather than a flat fee. The retainer for each matter is determined based on the projected amount of work requested by the client.
What types of disputes can be brought to an attorney specializing in HOA and COA disputes?
Attorneys specializing in HOA and COA disputes handle conflicts between homeowners and their associations, whether they are homeowners’ associations or condominium associations. These disputes can range from minor issues, such as payment of dues, to more complex matters, such as interpreting rules and regulations or enforcing covenants. These attorneys can help to resolve a wide range of issues, including but not limited to violation of association bylaws and regulations, breach of contract, disputes over property boundaries or ownership rights, failure to pay dues or assessments on time, and harassment from other members. Our practice focuses on representing homeowners experiencing property damage due to the association’s failure to maintain and repair common elements.
How can an attorney specializing in HOA and COA disputes help with these conflicts?
Disputes between associations and homeowners can arise due to various issues, such as failure to comply with rules and regulations or disagreements over assessments. In such cases, an attorney specializing in HOA and COA disputes can significantly assist in providing legal advice and resolving disputes. These attorneys can help by reviewing the association’s governing documents, researching applicable laws, negotiating settlements, and, if necessary, representing the homeowner in court. With their expertise in association law and dispute resolution strategies, attorneys specializing in HOA and COA disputes are invaluable for resolving conflicts between homeowners and their associations, particularly when it comes to addressing property damage caused by the association’s failure to maintain and repair common elements like roofs, water lines and pipes, windows, balconies, and other association property. By working closely with homeowners and utilizing their extensive knowledge of the legal system, these attorneys can help secure fair compensation for damages and ensure that associations are held accountable for their responsibilities to maintain and repair common elements within the community.
How does Perez Mayoral help homeowners with their HOA claims?
Florida experiences a shortage of law firms that represent homeowners against their associations. While numerous “HOA Attorneys” can be found online, most exclusively represent HOAs. Only a handful of law firms that represent homeowners in disputes with their associations possess the necessary knowledge, skill, and litigation experience to effectively enforce their clients’ rights and achieve results. We are one of the few firms with skilled civil litigators and trial attorneys prepared to handle various potential claims. At Perez Mayoral, we help homeowners enforce their rights against their associations by providing top-notch legal representation for all the aforementioned matters. Our dedication to representing homeowners against their associations sets us apart from Florida’s other law firms.
HOA Dispute Lawyer Orlando, FL
There may be times when you, as a homeowner, do not agree with your Homeowner’s Association (HOA). We understand—some can be strict about your lawn, your trees, or even your seasonal decorations. However, when things escalate beyond a simple conversation or solution, you need the advice and advocacy that only a skilled Orlando, FL, HOA dispute lawyer can provide.
A good HOA plays an important role in the safety and appearance of your neighborhood and is often responsible for the upkeep of shared amenities like parks, lakes, and pools. Done right, the HOA can help improve or maintain your property value; when done wrong, an HOA is a nightmare and can seriously affect the value of your home, your enjoyment of it, and all the equity you’ve worked so hard to build.
Unfortunately, disputes often happen, centering around homeowners’ rights, their responsibilities as members of the HOA, and the HOA’s actions or regulations. When you have a dispute you cannot resolve on your own, turn to Perez Mayoral, P.A. We understand the complexities of homeowner rights versus HOA operations and are ready to advocate for yours!
Orlando HOA Dispute Resolution Services
Orlando’s diverse residential communities, from the established neighborhoods of Winter Park to the growing developments of Lake Nona, often face unique challenges in homeowners association governance. As your HOA dispute lawyer Orlando homeowners trust, we handle conflicts arising within the region’s numerous planned communities, golf course developments, and gated neighborhoods. Our practice specializes in resolving disputes between homeowners and their associations, whether they involve covenant enforcement, architectural controls, assessment collections, or board election controversies. Understanding that each community governed by Chapter 720 of the Florida Statutes has its distinct character, we provide targeted solutions for conflicts in communities ranging from MetroWest’s expansive developments to the intimate neighborhoods of College Park. When HOA disputes arise in Greater Orlando, our experienced team offers the strategic guidance needed to protect homeowner rights while maintaining community harmony.
What Can An Orlando HOA Dispute Lawyer Do For Me?
Some of the most common disputes between an HOA and its homeowner members arise from the failure of one party to uphold their responsibilities. We represent property owners in many matters, such as:
- Denial of a homeowner application. If you petitioned the HOA to make changes to your property, and they denied the application, then we can help you appeal the decision, review the HOA bylaws, and, if necessary, take the case to court.
- Failure to upkeep shared spaces. If part of your HOA dues provide for a neighborhood pool, clubhouse, park, or other community amenities, and the HOA fails to keep these in good condition and safe for use, then you may have grounds to file a complaint with the HOA. Shabby common areas lead to an over-declination in the neighborhood’s appearance and can start to affect property values. We can ensure that the HOA maintains its obligations to keep shared spaces clean, neat, and free from hazards.
- Pet issues. Some breeds or types of animals may be banned, or there may be leash regulations and regulations for picking up pet waste. If you’re having trouble with a pet owner in your neighborhood and your HOA isn’t fulfilling its responsibility to step in, then you may need to take legal action.
- Personal injury in common spaces. If you or a member of your household has been hurt in a shared space that the HOA is responsible for keeping safe, you may have grounds to file a personal injury suit against the HOA. We can review the incident and advise you of your options for compensation.
- General rules violation. If you feel you’re being unfairly fined for violating HOA rules, we can help you dispute the fine or file a suit to have your money returned.
Are You Involved In An HOA Dispute?
These may not be the only issues you have with your HOA. An Orlando HOA dispute lawyer from our firm can review the situation, analyze the HOA bylaws, and advise you of your legal options. At Perez Mayoral, P.A., we’re dedicated to protecting your property rights and preserving your home value. Contact us today to discuss your HOA dispute.
Dealing With Pet-Related Disputes In HOA Communities
Our Orlando, FL HOA dispute lawyer knows that pet issues within HOA communities are a common source of conflict between residents and the association. Many HOAs set rules about the types, size, and number of pets allowed to maintain community standards. However, disputes can arise when rules are unclear, enforcement seems inconsistent, or exceptions are needed for service or emotional support animals. We offer you “big firm” results with a focus on detail that a smaller firm gives. At Perez Mayoral, P.A., we assist residents with pet-related conflicts by providing practical legal solutions.
Common HOA Pet Restrictions And Challenges
HOA rules about pets typically address the number of animals allowed, weight limits, breed restrictions, and noise complaints. While these rules aim to balance the needs of all residents, they can sometimes feel overly restrictive or unfair. For example, an HOA may impose a blanket ban on certain breeds, despite the absence of any state or local law supporting such restrictions. Other times, residents may face fines or penalties over minor infractions, such as temporary leash violations or pets using shared spaces.
A common area of dispute involves service animals and emotional support animals. Under the Fair Housing Act (FHA), individuals with disabilities have the right to reasonable accommodations, including keeping assistance animals, even if the HOA has a no-pet policy. However, conflicts often arise when an HOA questions the validity of such claims or imposes unnecessary documentation requirements.
How We Help With HOA Pet Disputes
Our HOA dispute lawyer in Orlando knows that when a pet-related dispute arises, it is important to address the issue promptly. We help clients understand their rights and determine whether the HOA’s actions violate state, federal, or local laws. This may involve reviewing the governing documents of the association, including bylaws and pet policies, to identify any inconsistencies or overreach.
For those with service animals or emotional support animals, we help demonstrate that the accommodation request is lawful and reasonable. If the HOA is acting improperly by denying the request or delaying its approval, we assist with filing formal complaints with housing authorities or pursuing legal remedies.
In cases where the HOA enforces rules unevenly or imposes excessive penalties, we work with residents to challenge these actions. We believe in finding practical resolutions whenever possible, such as negotiating agreements with the HOA to modify rules or waive fines. When necessary, we represent our clients in hearings or court proceedings to defend their rights and advocate for fair treatment.
Contact Us For Help With HOA Pet Disputes
If you are dealing with pet-related issues in your HOA community, it is important to take action before the situation escalates. At Perez Mayoral, P.A., we provide knowledgeable legal support to residents facing these challenges. Whether you need help with an accommodation request or are being unfairly penalized for pet-related matters, we are here to assist. We speak both English and Spanish and work to help as many people as possible who need help with HOA disputes. Contact our HOA dispute lawyer in Orlando today to discuss your situation and explore how we can help protect your rights.
Orlando HOA Dispute Infographic
Strategies To Handle HOA Fines Or Penalties
It can be a frustrating challenge for homeowners to deal with homeowners’ association (HOA) fines and penalties. While these fines are often intended to maintain community standards, disputes can arise when homeowners feel the penalties are unjustified or excessive. Addressing these situations effectively requires preparation and knowledge of your rights. As an Orlando, FL HOA dispute lawyer would agree, proactive steps can prevent fines from escalating into larger legal issues.
Review The HOA Rules And Regulations
The first step in dealing with an HOA fine is understanding the rules. HOAs operate under specific governing documents, including bylaws and covenants. These documents outline what is allowed and prohibited in the community. By reviewing these rules, we can determine whether the fine or penalty is valid. If the rules are ambiguous or inconsistently enforced, it could strengthen your position in disputing the fine.
Request Clarification From The HOA
Miscommunication is often at the root of disputes. Reaching out to the HOA board to clarify the fine or penalty may resolve the issue quickly. When requesting clarification, we should remain professional and courteous. Ask for documentation or records supporting the fine and inquire about how the rules were applied in your situation. Clear communication can often lead to a mutually agreeable solution.
Document All Communications And Actions
Keeping detailed records is critical when addressing fines. Document your communications with the HOA, including emails, letters, and any verbal interactions. Additionally, take photographs or gather evidence that supports your case. For example, if the fine relates to a maintenance issue, providing proof of completed repairs or compliance with HOA guidelines can be helpful. Having thorough documentation strengthens your case if the dispute escalates.
Seek Mediation Before Legal Action
Our Orlando HOA dispute lawyer will share that many HOA disputes can be resolved through mediation, which is often faster and less expensive than litigation. Mediation allows both parties to discuss the dispute with the assistance of a neutral third party. This approach can lead to a compromise that satisfies both sides. It is worth exploring alternative court proceedings if mediation is available through your HOA’s policies.
Challenge Unfair Or Excessive Fines Through Legal Channels
When fines seem unreasonable or are enforced inconsistently, legal action may become necessary. In these cases, consulting with an attorney who has experience in HOA disputes is beneficial. Legal counsel can help evaluate your options and determine the best course of action to protect your interests. While court should always be a last resort, it can be an effective way to address HOA violations or fines that are unjustified.
Stay Involved In Your HOA Community
One of the best ways to prevent future disputes is by staying informed and involved in your HOA. Attending meetings, voting on important issues, and engaging with other homeowners helps build relationships and fosters transparency. Being active in the community also ensures you have a voice in decisions that could impact you directly.
Taking Control Of HOA Disputes With Confidence
Being productive and informed can make a significant difference when facing the challenges of HOA disputes. Whether it’s reviewing regulations, maintaining thorough records, or seeking legal guidance, there are effective ways to address fines and penalties. As an Orlando HOA dispute lawyer, we understand the importance of resolving disputes amicably whenever possible.
For those facing persistent issues with their HOA, reaching out for legal guidance is a practical step. Attorneys at firms like Perez Mayoral, P.A. can provide the support needed to address your concerns effectively. Our team offers both civil litigators and trial attorneys for managing potential claims. Contact us today to learn more about how we can assist with your HOA-related challenges. Our firm offers 24/7 live call answering to offer support to our prospective and current clients.
HOA Dispute FAQs
What Should I Do If My HOA Says My Pet Violates The Community’s Rules?
If your HOA claims your pet violates its rules, the first step is to review the governing documents, including the HOA’s covenants, conditions, and restrictions (CC&Rs). These documents outline the rules for pets in your community, such as breed restrictions, size limits, or leash requirements.
We recommend checking whether the rule your HOA is citing is valid and properly enforced. Some HOAs attempt to enforce rules that were never officially adopted or that conflict with state or local laws. If you find any inconsistencies, it may strengthen your case.
Can my HOA ban specific breeds of dogs?
Our Orlando HOA dispute lawyer knows that some HOAs include breed restrictions in their rules, but these restrictions must comply with state and local laws. In many cases, breed bans are unenforceable if they conflict with anti-discrimination laws or regulations governing service animals or emotional support animals.
If you believe a breed restriction is unfair or discriminatory, we can help you evaluate your options and determine whether the rule is enforceable. Often, the key is understanding how the law applies to your specific situation.
How Do I Address Complaints From Neighbors About My Pet?
When neighbors file complaints with the HOA about your pet, it’s important to address the concerns promptly and calmly. Start by understanding the nature of the complaint—whether it’s related to noise, behavior, or property damage. Open communication with your neighbors may resolve the issue without HOA involvement.
If the complaints persist, document your pet’s behavior and any actions you’ve taken to address the concerns. This documentation can be useful if the HOA becomes involved or if a formal dispute arises.
Can My HOA Force Me To Remove My Pet?
An HOA may attempt to require the removal of a pet if it believes the pet violates the rules or poses a danger to others. However, this action is usually a last resort and must follow proper procedures outlined in the governing documents and applicable laws.
If your HOA is trying to force you to remove your pet, we can review the situation to determine whether the HOA has the authority to do so. Many disputes can be resolved through negotiation or by presenting evidence that demonstrates compliance with the rules.
What Rights Do I Have If My Pet Is An Emotional Support Animal Or Service Animal?
Emotional support animals and service animals are often protected under federal and state laws, even if the HOA’s rules prohibit pets. If your pet qualifies as an emotional support or service animal, the HOA must make reasonable accommodations unless it can prove the accommodation would cause undue hardship.
We can help you gather the necessary documentation and communicate with the HOA to assert your rights. Understanding how these laws apply is key to resolving disputes involving assistance animals.
Moving Forward With Confidence
Pet disputes with an HOA can feel overwhelming, but having the right support can make all the difference. At Perez Mayoral, P.A., we’re here to help you protect your rights and reach a fair resolution. We offer 24/7 live answering and are available to talk when you need to. Contact our HOA dispute lawyer in Orlando today to schedule a consultation and learn how we can assist you in resolving your HOA dispute.