Miami, FL 
305-928-1077 
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.
Video Resources
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 Lawyer Orlando, FL
A good Homeowner’s Association (HOA) or Condominium Association plays a critical role in preserving property value and enhancing neighborhood enjoyment. From maintaining community amenities like a pool, park, or walking trail to enforcing standards for each home’s exterior appearance, great HOAs boost the enjoyment of neighborhood residents and ensure that everyone has a safe, clean, and pretty place to live.
A poorly run HOA, on the other hand, can make living in your neighborhood a nightmare. The HOA may fail to properly maintain common spaces, may not enforce stated standards for property appearance and maintenance, or could unfairly fine you multiple times. A bad HOA may make it more difficult to sell your home or bring down property values in the neighborhood, affecting your equity and overall financial situation.
The legal team at Perez Mayoral, P.A., has decades of combined experience helping homeowners assert their property rights against “bad” HOAs and helping Homeowners Associations better articulate community standards and improve their operations. Contact us today to discuss your HOA matter with an Orlando, FL HOA lawyer.
Orlando Homeowners Association Legal Services
Greater Orlando’s residential landscape encompasses a rich variety of planned communities, from the established neighborhoods of Baldwin Park to the growing luxury developments of Windermere and Lake Nona. As your HOA lawyer Orlando communities depend on, we serve associations throughout Central Florida’s dynamic residential market, where each development presents its own unique governance needs. Our practice extends across Orange County’s diverse communities, from the golf course developments of MetroWest to the family-oriented neighborhoods of Winter Garden and Dr. Phillips. Understanding that each community governed by Chapter 720 of the Florida Statutes faces distinct challenges, we provide comprehensive legal guidance for HOAs managing both traditional neighborhoods and modern master-planned communities. Drawing on deep experience with Orlando’s residential development patterns, we help associations maintain their community standards while adapting to Central Florida’s evolving real estate environment.
What Does An Orlando HOA Lawyer Do?
Our HOA attorneys are problem solvers—we work to help both parties achieve a satisfactory resolution to their concerns. We can represent you in mediation or arbitration, guided negotiations between both parties with the goal of reaching a compromise for the dispute. Should we be unable to help resolve your concern using Alternative Dispute Resolution methods, then we’re prepared to initiate legal action on your behalf.
We’re problem solvers, and we use our decades of combined experience and deep knowledge of Florida statutes and case law to meet your needs and reach an agreeable solution. If you suffered financial losses due to the actions (or inaction) of your HOA, we can file a suit for damages to recoup your losses.
We begin by discussing the initial incident or incidents and the timeline and reviewing any evidence you have collected, such as communications with the other party, photos or a video of the area of dispute, and a copy of your HOA bylaws. We also act as your primary representative with the other party and can send them a Notice of Representation to that effect. We handle communications with them on your behalf.
We develop a strategy tailored to your specific situation and stated goals and vigorously pursue it.
HOA Matters Our Firm Handles
We can assist homeowners and HOAs in resolving many common matters, such as:
- Failure to Repair
- CC&R Violations
- Harassment/Discrimination
- Neighbor Disputes
- Common Area Disputes
- Selective Enforcement
- Negligence
- Election Fraud
- Solar Disputes
And more, Please call us if you don’t see your concern on our list. We offer comprehensive HOA services.
Are You Having Problems With Your Orlando HOA?
In many cases, disputes between an HOA and a homeowner may be resolved through negotiations or mediation. However, it can feel intimidating to tackle issues with your HOA alone, or perhaps you’re not having success having your concern addressed. Trust a skilled Orlando HOA lawyer from our firm to assist with all your related needs. Contact Perez Mayoral, P.A., today to get started.
Discrimination In Homeowners Associations And Legal Support
Our Orlando, FL HOA lawyer knows that discrimination within a homeowners association (HOA) can create unnecessary challenges for residents. While HOAs exist to maintain community standards and property values, some actions may unfairly target individuals based on characteristics like race, religion, age, or disability. In such cases, legal intervention becomes essential to uphold your rights and stop any discriminatory practices. At Perez Mayoral, P.A., we assist residents in taking the appropriate legal steps when dealing with discrimination from an HOA. We offer 24/7 live answering for your convenience.
Legal Protections For Homeowners And Tenants
Federal laws such as the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) provide strong protections against discrimination. State and local laws often offer additional layers of security to safeguard homeowners and tenants from unfair treatment. These regulations prohibit HOAs from engaging in discriminatory practices, such as enforcing rules selectively or denying reasonable accommodations to disabled residents.
Discrimination within an HOA is not always obvious. It may appear as biased enforcement of community rules, inappropriate communications, or the refusal to grant certain rights or privileges. Any pattern that unfairly singles out individuals or creates unequal treatment based on protected categories could give rise to legal action. Our firm works with clients to assess these situations, collecting evidence and building a clear case to address violations effectively.
HOAs may discriminate against individuals with disabilities by refusing reasonable accommodations, such as accessible parking spaces or service animal allowances. They might delay or deny modifications needed for accessibility, like ramps or handrails, or selectively enforce rules to restrict access. These actions violate the Fair Housing Act and other disability laws.
How We Approach Cases Of HOA Discrimination
When a resident experiences discrimination, our Orlando HOA lawyer knows it is essential to act promptly. Delays may allow an HOA to continue unfair practices unchecked, creating further harm. We focus on gathering documentation of the issue—whether through emails, notices, or eyewitness accounts. This evidence serves as the foundation of the legal strategy. Our goal is to help clients understand their legal rights and pursue the best possible outcome, whether that means negotiating a resolution or taking the matter to court.
In many cases, we find that communication with the HOA board or management company can lead to positive results. However, when these conversations fail to resolve the issue, legal action may become the only way to address the discriminatory behavior. We assist clients in filing complaints with government agencies, such as the Department of Housing and Urban Development (HUD), and represent them in hearings or court proceedings if necessary.
Reach Out For Support
If you are dealing with discrimination in your HOA, it is important to address the situation before it escalates further. At Perez Mayoral, P.A., we are committed to providing residents with professional and straightforward legal representation. We believe everyone deserves to feel safe and treated fairly within their community. With multiple locations, we make it easy to work with our team. Contact our HOA lawyer in Orlando today to discuss your situation and explore your legal options.
Financial Mismanagement Issues In HOAs And Legal Remedies
Managing shared resources and maintaining community standards are among a few of the key roles of homeowners associations (HOAs). However, financial mismanagement within an HOA can lead to serious issues for homeowners, including higher fees, loss of services, and even legal disputes. As members of an HOA, we have a vested interest in holding the board accountable for responsible financial practices. If problems arise, an Orlando, FL HOA lawyer can provide valuable guidance on potential remedies.
Signs Of Financial Mismanagement In HOAs
One of the first steps in addressing financial mismanagement is identifying the warning signs. These may include a lack of transparency in financial reporting, unexplained increases in dues, or sudden changes to the budget. Homeowners should also be cautious if they notice deferred maintenance, incomplete audits, or missing financial statements. These issues often indicate poor financial planning or misuse of funds.
Common Causes Of Financial Mismanagement
Financial mismanagement can stem from various sources, including inadequate budgeting, lack of board oversight, or improper use of HOA funds. Sometimes, board members may lack the knowledge necessary to manage finances effectively. In other cases, misuse of funds or unethical behavior may be to blame. Regardless of the cause, addressing the root of the issue is essential for resolving disputes and improving HOA operations.
Legal Remedies For Financial Mismanagement
Homeowners have options for seeking accountability when financial mismanagement occurs. Legal remedies may include filing complaints with state regulatory agencies or pursuing mediation to resolve disputes. If these steps do not resolve the issue, litigation may be necessary to address breaches of fiduciary duty or misappropriation of funds. Working with legal counsel experienced in HOA matters can help homeowners understand their rights and pursue appropriate action.
Steps To Prevent Financial Issues In HOAs
Preventing financial mismanagement starts with proactive measures. Regular audits, transparent financial reports, and member involvement in budgeting processes are crucial. Electing qualified board members and seeking professional financial management services can also help reduce the likelihood of problems. As HOA members, we can advocate for these practices to promote long-term financial health within our communities.
How Legal Counsel Can Help Homeowners
When financial disputes escalate, having legal representation can make a difference. Orlando HOA lawyers can review governing documents, identify violations, and represent homeowners in disputes. Additionally, they can advise on the best course of action to recover misused funds or address other financial concerns. These services provide homeowners with the tools they need to protect their investments and restore financial stability to their community.
The Importance Of Addressing HOA Financial Mismanagement
All members of a community can be affected by the serious issue of financial mismanagement in HOAs. By recognizing the signs, understanding legal remedies, and taking preventive measures, we can protect our rights as homeowners and promote accountability within our associations. If you’re dealing with financial disputes in your HOA, seeking legal advice is an important first step. We believe that everyone deserves to feel safe and treated fairly within their community. Contacting an Orlando HOA lawyer can help clarify your options and guide you toward a resolution. Attorneys at firms like Perez Mayoral, P.A. offer 24/7 live call answering and are available to assist with HOA financial concerns and help you safeguard your community’s future.
Orlando HOA Infographic
Orlando HOA Statistics
Homeowners Associations (HOAs) have become integral to the American housing landscape, particularly in planned communities and condominiums. As of 2024, there are approximately 369,000 HOAs across the United States, collectively governing over 77 million residents. This accounts for about 33.6% of the U.S. population, demonstrating how common HOA-managed communities have become in modern suburban and urban development.
One key aspect of HOA living is the monthly assessment or fee required of residents to maintain common areas, provide services, and enforce community standards. According to a 2023 analysis, average HOA fees can range widely depending on location. For example, residents in Alabama pay some of the highest average monthly HOA fees at $458, while South Carolina and Florida average closer to $310 and $312, respectively. These fees can significantly impact a homeowner’s overall budget and are often a key consideration in home purchases within HOA communities.
Another important trend is the variation in the percentage of owner-occupied homes within HOAs by state. Florida leads the nation, with 66.86% of owner-occupied homes within an HOA. In contrast, states like Mississippi have a much lower percentage, with only about 3% of owner-occupied homes falling under HOA governance.
How An HOA Lawyer Can Help With Common Area Disputes
As our Orlando, FL HOA lawyer can tell you, HOAs are responsible for managing and maintaining shared spaces in communities, such as parks, pools, and common walkways. Disputes can arise over the use, upkeep, or changes to these areas, leading to disagreements among homeowners or between residents and the HOA board. When these issues escalate, legal guidance can help clarify rights, responsibilities, and potential resolutions. Attorney Perez has an AVVO Rating of Superb and is prepared to help you.
What Types Of Disputes Arise Over Common Areas?
Common area disputes often involve disagreements about maintenance, access, or modifications. For example, homeowners may feel that the HOA isn’t maintaining shared spaces properly, or there may be questions about whether certain areas are truly common property. Other issues include disputes over the use of amenities, such as noise complaints at shared facilities or whether certain activities are allowed.
How Can An HOA Lawyer Help Resolve Maintenance Disputes?
When maintenance issues arise, it’s important to determine whether the HOA has met its obligations under the community’s governing documents. If residents believe the HOA is neglecting its duties, we can review the bylaws, covenants, and applicable statutes to determine if the HOA is in violation. Conversely, we also help HOAs if they’re accused of failing to perform duties they have already fulfilled. We work to find solutions that benefit the entire community, which might include helping the HOA prioritize repairs or better communicate its decisions to residents.
What Happens When There’s A Disagreement Over Access To Common Areas?
Access disputes typically involve disagreements over who can use certain facilities or whether any restrictions are reasonable. For example, some HOAs limit guest access to pools or charge fees for specific amenities. These rules must be fair and in line with the community’s governing documents. An Orlando HOA lawyer can review these restrictions to confirm they comply with the law and the community’s regulations. If a rule is found to be unenforceable, we help the HOA revise it. For residents, we can help challenge unfair restrictions or negotiate a resolution with the board.
Can An HOA Lawyer Assist With Disputes About Changes To Common Areas?
Changes to common areas, such as renovations or repurposing space, can lead to disagreements over cost, design, or necessity. These changes often require approval from homeowners or adherence to specific processes outlined in governing documents.
We assist by reviewing whether proper procedures were followed and ensuring compliance with all relevant rules. If disputes escalate, we work to negotiate solutions or, if necessary, represent our clients in legal proceedings to resolve the matter.
What’s The Benefit Of Involving An HOA Lawyer Early In Disputes?
Involving an HOA lawyer early helps avoid prolonged disputes, unnecessary legal costs, and strained relationships in the community. By providing clear advice on rights and responsibilities, we help resolve misunderstandings and keep the community focused on maintaining harmony.
Orlando HOA Glossary
At Perez Mayoral, P.A., we are proud to represent homeowners and Homeowners Associations (HOAs) in legal matters throughout Orlando, FL, and the surrounding areas. With decades of combined experience, our attorneys, Mr. Perez and Mr. Mayoral, bring their expertise from representing large corporations and insurance companies to now passionately advocating for individuals and communities. Whether addressing disputes over CC&Rs, financial mismanagement, or selective enforcement, our firm is dedicated to protecting your property rights and ensuring fair treatment. Below, we provide definitions and examples of important terms related to HOA legal matters, offering insight into the legal framework governing Florida communities.
Covenant, Conditions, And Restrictions (CC&Rs)
Covenants, Conditions, and Restrictions (CC&Rs) are the governing documents that outline the rules and regulations of a Homeowners Association (HOA). These documents serve as the backbone of community governance, detailing the rights and obligations of both the HOA and the residents. For example, CC&Rs might specify landscaping standards, parking rules, or property maintenance requirements. Violating these terms can lead to enforcement actions such as fines or legal proceedings. At Perez Mayoral, P.A., we assist clients in interpreting CC&Rs and addressing disputes arising from their enforcement or misapplication.
Selective Enforcement
Selective enforcement refers to situations where an HOA enforces certain rules inconsistently, targeting specific residents while allowing others to violate the same rules. For example, an HOA may fine one homeowner for an unapproved paint color while ignoring similar violations by others. This practice can lead to claims of unfair treatment or discrimination. Our firm works with clients to gather evidence, such as photos or records of rule violations, to challenge and correct unfair enforcement practices, ensuring the HOA treats all residents equitably.
Fiduciary Duty
The fiduciary duty of an HOA board refers to its obligation to act in the best interests of the community and manage resources responsibly. This includes transparent financial management, fair enforcement of rules, and prioritizing community needs over personal gain. For instance, failure to allocate funds for necessary repairs or misusing HOA dues for unrelated purposes could constitute a breach of fiduciary duty. At Perez Mayoral, P.A., we represent homeowners in holding boards accountable for such breaches, pursuing remedies to restore trust and proper governance.
Common Area Maintenance
Common area maintenance involves the HOA’s responsibility to care for shared spaces like parks, pools, and walkways. Disputes often arise when homeowners feel these areas are neglected, leading to deteriorating property values and decreased quality of life. For example, a poorly maintained community pool might cause frustration and financial strain for residents paying for its upkeep through dues. We help clients by reviewing governing documents to confirm maintenance obligations and pursuing action if the HOA fails to meet its responsibilities.
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) refers to processes like mediation and arbitration used to resolve HOA-related disputes without going to court. Mediation involves a neutral third party helping both sides reach a mutual agreement, while arbitration results in a binding decision made by an arbitrator. For example, a disagreement over landscaping standards might be resolved through ADR, avoiding lengthy and costly litigation. At Perez Mayoral, P.A., we guide clients through ADR processes, ensuring their concerns are effectively addressed while minimizing stress and expense.
HOA Bylaws
HOA bylaws are another key set of governing documents that outline the internal structure and operational procedures of the association. They provide guidelines on how the HOA functions, covering topics such as the election and responsibilities of the board of directors, meeting procedures, voting rights, the process for amending rules and regulations, and the roles and responsibilities of HOA officers (e.g., president, treasurer, secretary). Bylaws help ensure transparency and efficiency in HOA decision-making. Unlike CC&Rs, which primarily regulate property use and homeowner obligations, bylaws govern how the HOA itself is managed. If conflicts arise regarding the interpretation of bylaws, legal intervention may be necessary to clarify board authority and decision-making procedures.
Assessment
An assessment is a financial contribution that homeowners are required to pay to the HOA to fund community maintenance, shared amenities, and operational expenses. There are two main types of assessments: regular assessments (dues) and special assessments. Regular assessments are recurring fees (monthly, quarterly, or annually) that cover routine expenses such as landscaping, security, insurance, and maintenance of common areas like pools, clubhouses, and sidewalks. Special assessments, on the other hand, are additional fees imposed when unexpected expenses arise, such as major repairs, legal disputes, or natural disaster recovery efforts. Special assessments are usually subject to specific voting procedures outlined in the governing documents. Our Orlando HOA lawyer knows that failure to pay assessments can result in penalties, interest charges, or legal actions such as liens on the property or even foreclosure in severe cases.
Easement
An easement is a legal right that allows a person or entity to use a portion of another’s property for a specific purpose. In the context of HOAs, easements often pertain to utilities, access roads, or shared amenities. For example, there might be an easement allowing utility companies to install and maintain infrastructure on private property within the community. Homeowners should be aware of easements on their property, as they may limit how certain portions of their land can be used. According to our Orlando HOA lawyer, easements are typically recorded in property deeds and remain in place even when ownership changes.
Quorum
A quorum refers to the minimum number of members or directors required to be present at an HOA meeting for decisions to be valid. The specific number or percentage constituting a quorum is usually defined in the HOA’s bylaws. Without a quorum, votes taken at a meeting may not be legally binding, potentially delaying important decisions regarding budgeting, rule changes, or community projects. Understanding quorum requirements is essential for homeowners and board members who want to ensure that their votes and participation in HOA matters are properly recognized.
Get Help With Your HOA Issues
Common area disputes can disrupt community harmony, but addressing them with a clear and fair approach makes a big difference. Whether you’re a homeowner or part of an HOA board, understanding your options and obligations is key to resolving disagreements effectively. At Perez Mayoral, P.A., we’re here to provide guidance and support to help communities address disputes and move forward. Attorney Perez previously represented HOAs and draws from that extensive background now. Contact our Orlando HOA lawyer today to discuss your situation and how we can assist with resolving HOA matters.