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 Palm Beach, FL
Reliable Palm Beach, FL HOA Lawyer
Florida has some of the more complex homeowners’ association (HOA) regulations in the country. Nonetheless, HOAs are increasingly common in the Sunshine State, and it’s important for both residents of an HOA and representatives of one to understand their rights regarding HOAs.
Florida’s HOA laws are designed to protect the rights of association members without limiting the function of HOAs, thereby striking a balance of power between residents and the governing bodies themselves. Nonetheless, conflicts arise and it’s important for all parties to consult an HOA lawyer in Palm Beach, FL to help mediate and resolve conflicts.
If you’re a resident of an HOA community or a representative of one in need of legal advice or representation, Perez Mayoral P.A. has the experience with Florida’s unique HOA laws to guide you to a resolution. Contact our Palm Beach, FL HOA lawyer today for a free consultation.
How An HOA Lawyer Helps
Given our extensive experience of working with HOAs in Florida, we understand what HOAs need, what officers and directors want, and how to assist with creating excellent covenants for the entire community.
Our Palm Beach, FL HOA lawyers can assist by:
- Advocating for HOA interests before the Florida legislature and local agencies
- Addressing regulatory and legislative issues that HOAs face
- Advising on HOA transactions
- Assisting with planning, development, and operational matters
- Provide risk assessment analysis
- Maintaining all state and local compliance regulations, including court rulings and administrative decisions
- Assisting with federal compliance, including fair housing and anti-discrimination laws
- Drafting, amending, interpreting, and enforcing HOA governance documents, including Articles of Incorporation, bylaws, rules and restrictions, and Declarations of Covenants, Conditions, and Restrictions.
- Mediating homeowner disputes
- Facilitating disputes over financial responsibility for neighborhood maintenance and repair
- Identifying financing sources, structuring lines of credit, and reviewing and negotiating credit and loan documents
- Advising on insurance needs and obtaining coverage
- Guiding planning and development strategy
- Collecting HOA dues and assessments
A qualified HOA lawyer is an asset from ideation through the sustained operation of the homeowners’ association. Having legal counsel can help with everything from the planning and development to mediating disputes between residents and the governing body, or even between residents themselves.
An HOA requires significant operational and financial upkeep to be successful. You never know when an issue may arise that you’re not prepared to handle, which is why having legal counsel readily available is so important.
Contact Our Palm Beach, FL HOA Lawyer
HOAs are becoming increasingly common in Florida, and whether you’re a developer, resident, or director, it’s important to understand how legal counsel can assist you in all aspects of HOA planning, development, and operations.
If you’re a member of or associated with an HOA, it’s important to know your rights and responsibilities. Failure to comply with Florida’s HOA laws may lead to significant fines and penalties. Our team at Perez Mayoral P.A. can help you navigate the HOA system and resolve any conflicts you have. Contact our Palm Beach, FL HOA lawyers today to discuss your HOA.
How Your HOA Lawyer Can Help Mediate Homeowner Disputes
Our Palm Beach, FL HOA lawyer knows that disputes with your homeowners’ association (HOA) can be stressful, whether it involves alleged violations, enforcement of rules, or disagreements over fees. If these issues aren’t resolved early, they can escalate into legal battles that are costly and time-consuming. This is where an HOA lawyer can assist in mediation, providing an effective way to reach a resolution without the need for litigation. For help, call us for a free consultation.
The Importance Of Mediation In HOA Disputes
Mediation is a process that allows parties to settle disagreements with the help of a neutral third party. In Florida, Statute 720.311 specifically requires that certain disputes between homeowners and homeowners’ associations (HOAs) must be submitted to pre-suit mediation before litigation can be filed. This statutory requirement recognizes that mediation tends to be faster, less expensive, and often more effective than court proceedings.
Under Fla. Stat. 720.311, most disputes between homeowners and HOAs must first go through this mandatory pre-suit mediation process. The statute provides detailed procedures for initiating mediation, selecting qualified mediators, and conducting the mediation conference. Failure to comply with these requirements before filing a lawsuit can result in the dismissal of the case.
In these mediations, a certified mediator (not the association’s lawyer) serves as the neutral third party who helps facilitate communication between homeowners and the HOA, with the goal of reaching a fair agreement. Our lawyer can help prepare you for the mediation process, clarify your legal rights, identify potential solutions, and ensure that you understand both the mediation requirements and the consequences of not resolving the issue through this mandated process.
How An HOA Lawyer Facilitates Communication
When emotions are high, our Palm Beach HOA lawyer knows that it can be difficult to communicate clearly. This is especially true when homeowners feel that the HOA is overstepping its authority or that the association has misinterpreted the community rules. An HOA lawyer can help both parties express their concerns in a constructive way, reducing the chances of escalation. By providing clear explanations of the law and the governing documents, the lawyer can help both sides see things from a different perspective.
Providing Legal Insight And Guidance
During the mediation process, it’s important to understand your rights and obligations as a homeowner. Our lawyer can explain the specifics of the HOA’s rules and how they apply to the dispute at hand. If the HOA is taking an action that isn’t aligned with the governing documents, your lawyer can point out those discrepancies, offering a basis for negotiation. Conversely, if the HOA is enforcing the rules correctly, the lawyer can help homeowners understand why the action is valid.
Negotiating Practical Solutions
In many cases, mediation isn’t about winning or losing—it’s about finding a solution that works for both parties. Our HOA lawyer can help brainstorm practical solutions that are in line with community rules while addressing the concerns of homeowners. This might include adjustments to fees, extended deadlines for compliance, or clarification on ambiguous community rules. A lawyer can guide these discussions to avoid unreasonable demands and ensure that any resolution is fair and legally sound.
Avoiding Courtroom Battles
While litigation is sometimes necessary, most disputes with HOAs can be resolved through mediation. An HOA lawyer helps homeowners avoid the time, expense, and stress of going to court by guiding them toward a mutually agreeable solution. Settling disputes outside of court allows homeowners to maintain a positive relationship with the HOA and preserve peace within the community.
Get The Right Help Today
It is important to know your legal options. An HOA lawyer’s involvement in mediation can be invaluable, offering both parties a chance to come to an agreement while protecting their legal interests. At Perez Mayoral, P.A., we assist homeowners in resolving disputes with their HOA through mediation, helping to avoid lengthy legal battles. If you need help, we offer 24/7 live call answering. If you’re dealing with an HOA issue and want to explore your options, contact our Palm Beach HOA lawyer today for assistance.
Resolving Disputes With Your HOA Lawyer Palm Beach, FL
Our Palm Beach, FL HOA lawyer knows that homeowners’ associations (HOAs) are meant to help maintain property values and create a sense of community, but disputes with an HOA can be stressful. If your HOA is accusing you of violating rules or not meeting obligations, and you believe the accusations are unfair, an HOA lawyer can step in to protect your rights and help you resolve the situation. We offer 24/7 live call answering and are here when you need us. Here’s how working with an HOA lawyer can help when you’re facing unfair accusations from your HOA.
1. Review HOA Rules And Governing Documents. HOA rules are outlined in the community’s governing documents, which can include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and community guidelines. An HOA lawyer will carefully review these documents to determine whether the HOA’s accusations align with the established rules. If the HOA is misinterpreting or overstepping its authority, your lawyer can challenge the claims with a solid understanding of the rules.
2. Respond To HOA Violation Notices. Our Palm Beach HOA lawyer knows that receiving a violation notice from your HOA can be intimidating, but you don’t have to handle it alone. An HOA lawyer can draft a professional response to dispute the allegations, provide supporting evidence, and clarify your position. This helps you communicate effectively with the HOA board and reduces the chances of escalation.
3. Challenge Unfair Fines And Penalties. If your HOA imposes fines or penalties based on accusations you believe are unjustified, an HOA lawyer can help contest them. Your lawyer can argue that the fines are not supported by the HOA’s governing documents or that the board failed to follow proper procedures. This can lead to fines being reduced or dismissed entirely.
4. Represent You In HOA Hearings Or Meetings. HOAs often provide homeowners with the opportunity to present their case at a board meeting or hearing. An HOA lawyer can represent you during these proceedings, making sure your side of the story is clearly presented. Having a lawyer speak on your behalf can make it more likely that the board will take your concerns seriously and handle the issue fairly.
5. Protect Your Property Rights. HOA accusations can sometimes threaten your property rights, such as access to common areas or approval for renovations. An HOA lawyer can work to protect your rights and stop the HOA from overreaching its authority. If the board’s actions violate state or local laws, your lawyer can take appropriate legal action to safeguard your interests.
6. Negotiate A Resolution. Not all HOA disputes need to end up in court. An HOA lawyer can communicate with the board to negotiate a resolution that works for both sides. This can help preserve relationships with neighbors and avoid prolonged conflict. Lawyers often know how to reach compromises that allow both the homeowner and the HOA to move forward.
7. Take Legal Action If Necessary. If your HOA refuses to back down or continues to act unfairly, legal action may be necessary. An HOA lawyer can file a lawsuit to challenge the HOA’s actions and seek damages or an injunction. If the HOA’s behavior is violating state laws or its own governing documents, a court may intervene to hold the board accountable.
Get Legal Help From Perez Mayoral, P.A.
If your HOA is unfairly accusing you of violating community rules or imposing unjust penalties, you don’t have to face it alone. At Perez Mayoral, P.A., we have experience helping homeowners push back against wrongful HOA accusations and protect their property rights. We have offices located in Palm Beach, Tampa, Orlando, and more, so call us today. Contact our Palm Beach HOA lawyer today for a consultation and let us help you resolve your HOA dispute.
HOA Lawyer Palm Beach, FL FAQs
Our Palm Beach, FL HOA lawyer knows that living in a homeowners association (HOA) community means following certain rules, especially when it comes to making changes to your property. Whether you’re planning to add a fence, build a patio, or install solar panels, the HOA usually has to approve your request. But sometimes, boards reject these requests without clear reasons or apply the rules inconsistently. If you’re in this position, you might be wondering what you can do to move forward with your plans. We offer 24/7 live call answering, so don’t hesitate to speak with us today.
What Can We Do If Our HOA Denies Our Request To Make Additions To Our Property?
Start by reviewing the HOA’s governing documents. These include the CC&Rs, bylaws, and any architectural guidelines. Look for specific rules about the type of addition you’re proposing. If your request follows those guidelines and still gets denied, you can ask the board for a written explanation. In many cases, working with an attorney helps you prepare a formal appeal or demand more transparency from the board. Legal support can help you push back when a denial seems unfair or arbitrary.
Can We Challenge The HOA’s Decision If They Approved Similar Additions For Other Homeowners?
Yes. Our Palm Beach HOA lawyer knows that if other homeowners received approval for the same type of addition you’re requesting, and your request is denied without a valid reason, that can be a sign of unequal treatment. HOAs are supposed to apply their rules consistently. You may be able to challenge the decision by showing that the board approved similar projects in the past. An attorney can help gather evidence, write a formal complaint, or represent you during a hearing if the issue isn’t resolved through communication.
Is It Legal For An HOA To Ban All Property Additions?
Some HOAs have strict limits on additions, but those restrictions must be clearly outlined in the governing documents. A blanket ban on all types of additions, especially if not supported by the rules or state law, may not be enforceable. If your HOA tries to block every project without reasonable justification, you may have grounds to contest the policy. A legal review of the documents and state property laws can help you decide what action to take.
What Steps Should We Take Before Making A Property Addition In An HOA Community?
Always start by checking your HOA’s architectural or design guidelines. Submit your request in writing with all required documentation, such as plans, permits, and descriptions. Keep records of your communication with the board. If the board doesn’t respond within the required timeframe or gives a vague reason for denial, you can follow up with a written request for clarification. If things stall, an attorney can step in to help keep the process on track and protect your right to improve your property.
Can An Attorney Help Us If The HOA Threatens Fines Or Legal Action Over A Property Addition?
Yes. If your HOA is threatening fines, legal action, or forcing you to remove an addition, an attorney can help you understand your options. They can review whether the HOA followed the proper procedures and whether your rights were violated. In some cases, a resolution can be reached without going to court. But if necessary, your attorney can represent you in legal proceedings and help you push back against unfair treatment.
At Perez Mayoral, P.A., we work with homeowners who are dealing with HOA disputes related to property additions and modifications. If you feel your HOA is standing in the way of a reasonable improvement to your home, give us a call. Unlike many law firms, we are dedicated to representing the needs of the homeowners. Our Palm Beach HOA lawyer is here to help you take the next steps and make sure your voice is heard.