When an HOA Refuses to Maintain Common Areas: Legal Options Explained by a Florida HOA Lawyer

When an HOA stops maintaining common areas, it is not just an “annoying board” problem. It becomes a property value problem, a safety problem, and sometimes a lawsuit problem. The hard part is that HOAs rarely admit they are refusing. They say they are “waiting on bids,” “reviewing options,” or “working on the budget” while sidewalks crack, lights stay out, landscaping dies, gates fail, drainage issues grow, and pool areas become hazards.

Perez Mayoral, P.A. represents homeowners throughout Florida, not HOAs. If your association is refusing to maintain common areas, a Jacksonville, FL HOA lawyer starts with two questions: what maintenance duty exists under your governing documents, and what evidence proves the association is not doing what it is responsible for under Florida law.

Start With The Rule That Controls Most Cases: The Governing Documents

Florida’s HOA statute makes this basic point clear: the HOA’s powers and duties come from Chapter 720 and the governing documents. That matters because HOA common area maintenance is often defined in the declaration, not spelled out line by line in the statute.

So, the first legal move is not arguing at a meeting. It is reading the declaration’s maintenance section and identifying:

• Which areas are “common areas” or “common facilities”
• Whether the HOA is obligated to maintain, repair, or replace them
• Any standards the documents require (routine maintenance, safety, aesthetics)
• Whether a budget, reserve, or assessment mechanism is required for certain repairs

If the documents say the HOA is responsible and the HOA does not act, that failure becomes a compliance issue under Florida law.

Why “Refusal To Maintain” Becomes A Legal Claim In Florida

Florida Statute 720.305 is the enforcement backbone. It requires compliance with Chapter 720 and the governing documents and allows actions at law or in equity to redress a failure or refusal to comply.

That is the cleanest way to frame the dispute: the HOA is not following the declaration and its own maintenance obligations.

There is also a fiduciary duty angle. Florida’s HOA statute states that the officers and directors have a fiduciary relationship to the members they serve. Boards do not get to ignore maintenance while spending on pet projects, protecting vendor relationships, or deflecting responsibility. Fiduciary duty is not a shortcut to victory, but it raises the standard of how the board’s decisions will be judged when neglect is obvious and documented.

What “Refusal” Usually Looks Like, Legally

An HOA lawyer looks for a pattern showing more than normal delay. Examples:

• The HOA acknowledges a problem but does nothing for months
• Repairs are repeatedly “approved” but never scheduled
• Safety hazards stay open with no warning signs or restricted access
• The board blames cost but refuses to share bids, reports, or timelines
• The HOA shifts responsibility to homeowners even though the documents assign it to the association

The goal is to prove that the HOA’s inaction is not reasonable decision-making. It is noncompliance.

Records Are How You Stop Guessing And Start Proving

If the HOA says it is “working on it,” you should expect to see records that match that claim. Florida law gives homeowners the right to inspect and copy official records within 10 business days after the HOA receives a written request for access. If the HOA fails to provide access within that timeframe, the statute creates a rebuttable presumption of willful noncompliance and allows actual damages or minimum damages of $50 per calendar day up to 10 days, starting on the 11th business day.

For maintenance disputes, a Florida HOA lawyer typically requests:

• Vendor contracts, bids, and scopes of work for the common area issue
• Engineering, inspection, or safety reports if the issue is structural or recurring
• Work orders, maintenance logs, and invoices
• Board minutes where the repair was discussed and voted on
• Budget and reserve records showing funding decisions
• Plans, permits, and warranties related to common area improvements, which are included in the HOA’s official records when applicable.

If the HOA refuses records, that does not just “slow things down.” It can become its own statutory violation and leverage point.

Presuit Mediation Can Be Required, But Emergency Relief Can Come First

Many HOA disputes must go through presuit mediation under Florida Statute 720.311. Maintenance disputes often fit because they are covenant and document compliance disputes.

But there is a critical exception homeowners should know: when emergency relief is required, a motion for temporary injunctive relief may be filed without first complying with presuit mediation. After emergency issues are addressed, the court can refer the parties to mediation.

Translation: if the common area condition is actively dangerous, you do not have to wait quietly while the HOA runs out the clock.

Legal Options A Florida HOA Lawyer May Pursue

The right remedy depends on your goal. Most homeowners want the HOA to fix the problem, not collect a payout. The most common legal tools include:

Injunctive relief

A court order requires the HOA to perform required maintenance, stop delaying, or take specific corrective action. This is especially relevant when the issue creates safety risks or continued damage.

Declaratory relief

A court determination clarifying responsibility under the declaration. This is useful when the HOA claims the issue is “homeowner responsibility” but the documents assign it to the HOA.

Damages and attorney fees

If the HOA’s refusal caused measurable loss, damage may be pursued depending on facts and claims. Attorney fees are a major leverage factor because many HOA disputes include fee shifting under statutes and governing documents.

Records enforcement

If the HOA is stonewalling records, the records statute itself can be enforced, including the minimum damages framework for willful noncompliance.

What You Should Do Right Now If Your HOA Is Not Maintaining Common Areas

If you want the strongest position, do this in order:

1. Document the condition with dated photos and videos. Keep updating as it worsens.
2. Put notice in writing to the board and management. Describe the issue, location, and why it is unsafe or damaging.
3. Request records in writing and track the 10-business day deadline.
4. Ask for the plan, not promises bids, scope, schedule, vendor, start date.
5. Avoid “self-help” fixes to common areas unless advised. That can trigger enforcement against you and muddy the record.
6. If the issue is dangerous, discuss emergency relief options early, because the law allows temporary injunctive relief even when presuit mediation would otherwise apply.

Talk To Perez Mayoral, P.A.

When an HOA refuses to maintain common areas, the winning approach is no more complaining. It is building a clean record, forcing transparency through records, and using Florida’s enforcement tools to hold the HOA to its governing documents. Perez Mayoral, P.A. represents homeowners throughout Florida, not HOAs.

If you need a Florida HOA lawyer to evaluate a common area maintenance failure, enforce records access, and pursue legal relief to get the repairs done, contact Perez Mayoral, P.A. at 866-416-2368 or [email protected] to schedule a consultation.

Disclaimer: This content is for informational purposes only and is not legal advice. Reading or using this information does not create an attorney client relationship. Legal outcomes depend on the specific facts of each case and the law in effect at the time, which may change. This information is intended to address general issues under Florida law and may not apply to your situation. You should not rely on this content as a substitute for legal advice and should consult a licensed Florida attorney regarding your specific circumstances.