What Can I Do If My HOA Is Harassing Me? Understanding Your Rights Under Florida Law

If you’re facing harassment from your Homeowners Association (HOA), it’s essential to understand that you have significant legal rights and protections under Florida law. At Perez Mayoral, P.A., we regularly represent homeowners who feel targeted, harassed, or unfairly treated by their associations, board members, or even fellow residents.

The first and most important thing to understand is this: your HOA does not have unlimited power. Despite how it might sometimes feel, associations and their board members are subject to the same duties and obligations under the governing documents as all other homeowners.

Types Of HOA Harassment

Harassment from an HOA can take various forms, and understanding which type you’re experiencing is the first step toward resolving it.

1. Personal Harassment From Board Members Or Neighbors

If a board member, property manager, or another homeowner is being unruly, confrontational, aggressive, or even threatening or violent, this constitutes personal harassment that violates your rights as a homeowner.

Your Rights and Protections:

• Nuisance Clause Protection: Almost every set of HOA governing documents contains what’s called a “nuisance clause.” This provision essentially states that unit owners or people on the property cannot cause nuisances to other unit owners or disturb their peaceful enjoyment of their property. While the exact language may vary, the principle is consistent across most HOAs.
• Legal Right to Abate a Nuisance: Even if your governing documents don’t explicitly address this issue, Florida law gives you the ability to sue to abate (stop) a nuisance. If someone is harassing you without proper purpose, you have legal recourse regardless of what your HOA documents say.

2. Administrative Harassment Through Selective Enforcement

A more subtle but equally damaging form of harassment occurs when an association, board, or property manager issues arbitrary fines and violations, using their authority to overstep boundaries and target specific homeowners.

Your Rights and Protections:

• Right to Know the Specific Rule: If you’re being cited for violations, you have the right to know exactly which rule you’re allegedly breaking. An association cannot simply tell you what to do without pointing to a specific provision in the governing documents or properly passed rules and regulations.
• Protection Against Selective Enforcement: One of the most common issues we see at Perez Mayoral, P.A. is selective enforcement of rules. This occurs when an HOA allows most homeowners to engage in certain behaviors but singles out one or a few individuals for enforcement. Examples include:
  • Allowing everyone except one homeowner to have a lanai
  • Permitting most residents to have pickup trucks or commercial vehicles, but issuing violations to one specific homeowner
  • Enforcing aesthetic rules against some homes but not others in similar situations
• Legal Principle: Selective enforcement of rules generally makes those rules unenforceable against you. This is a deeply factual inquiry, and generally speaking, the HOA must be allowing other residents to do essentially the same thing they’re prohibiting you from doing for the selective enforcement defense to apply.

Steps To Take If You’re Being Harassed

If you believe your HOA is harassing you, here are the steps we recommend:

1. Document Everything

Keep detailed records of all incidents, including:

• Dates and times of confrontations
• Copies of all violation notices, fines, and communications
• Photographs of similar violations by other homeowners (for selective enforcement cases)
• Names of witnesses to any incidents
• Any video or audio recordings (where legally obtained)

2. Review Your Governing Documents

Carefully read your HOA’s:

• Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
• Bylaws
• Rules and Regulations
• Florida statutes that govern HOAs (Chapter 720, Florida Statutes)

Look specifically for the nuisance clause and any provisions related to the issues you’re experiencing.

3. Request A Hearing

If you’re being fined or cited for violations, request a hearing before the HOA’s fining committee or board. Florida law gives you the right to contest violations and present your case.

4. Consult With An Attorney

The most important step you can take is to schedule a consultation with an attorney who specializes in HOA disputes. This doesn’t mean you’re committing to a lawsuit, but rather getting professional guidance on your specific situation.

A good attorney will:

• Evaluate the details of your situation
• Explain your legal options
• Outline the likely consequences and costs of each potential action
• Help you understand the pros and cons of different approaches
• Provide a clear appraisal of your case’s strengths and weaknesses

At Perez Mayoral, P.A., we provide these consultations to help homeowners understand their rights and options, whether or not they ultimately retain our services. We believe in giving homeowners the information they need to make informed decisions about their situation.

How Perez Mayoral, P.A. Can Help

If you’re facing harassment from your HOA in Florida, our firm exclusively represents homeowners—never associations—in these disputes. Our services include:

• Evaluating the specific nature of the harassment you’re experiencing
• Reviewing your HOA’s governing documents for violations
• Drafting cease and desist letters when appropriate
• Representing you in mediation or arbitration proceedings
• Filing lawsuits for injunctive relief or damages when necessary
• Defending against improper fines or enforcement actions

We understand that HOA disputes can be emotionally draining and financially concerning. Our approach focuses on finding the most effective resolution while being mindful of the costs and consequences of legal action.

Contact Us Today

If your HOA is harassing you, you don’t have to face it alone. Contact Perez Mayoral, P.A. at (305) 928-1077 or email us at [email protected] for a consultation to discuss your situation. Our experienced Fort Lauderdale, FL condo attorney can help you understand your rights and develop a strategy to address the harassment you’re experiencing.