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Common Condominium Homeowners Association Disputes
Owning a Florida condo as either a residence or investment property can be a great personal and financial decision. While the homeowner’s association (HOA) keeps condominiums running smoothly, tenants and owners are also subject to the HOA’s rules and regulations, as well as to Florida condominium association law. Even in the best-run condominiums disputes can sometimes arise, and an attorney experienced in the Florida Condominium Act can provide advice on common HOA disputes.
Financial Impropriety
Disputes about financial impropriety relate to concerns that the HOA improperly commingled funds, mishandled money earmarked for repairs, or engaged in fraudulent behavior. Financial mismanagement is a serious issue that can negatively affect condo residents.
Inadequate Maintenance and Repairs
HOAs are legally required to maintain common areas. If the HOA fails to maintain common areas or does not properly maintain them, that could form the basis for legal action against an HOA. Sometimes it may be unclear who is responsible for repairs if the condo rules and regulations do not address a particular situation. In the worst-case scenarios, failing to repair or maintain common areas can lead to expensive personal injury lawsuits against an HOA.
Inconsistent Treatment
Florida law requires that HOAs treat all members of the community equally and enforce community rules and regulations fairly. Failure to do so can lead to legal action under civil rights laws.
Exceeding Authority
HOA board members have broad rights to act on behalf of the HOA. However, there are certain areas in which HOA members have no authority. If the HOA tries to impose obligations that are forbidden by Florida or federal law, it may be exceeding its authority.
Conflicts About Security
The HOA is usually responsible for reasonably ensuring homeowners’ security. This can include hiring security guards, making sure that roads are well-maintained, and otherwise ensuring the condominium does not have any ongoing hazardous conditions.
Board Elections and Governance
In some cases, residents may become concerned that HOA elections are not legitimate. In other cases, concerns also arise about whether the board is competently managing the condominium and its finances.
Disagreements About Amenities
These types of conflicts can arise in situations such as when residents fail to follow amenity rules, leading to the association limiting their use of the facilities. Other times conflicts may stem from disagreements about how residents use amenities, as well as failure to pay dues.
Issues with Neighbors
When neighbors have serious conflicts and the HOA gets involved, disputes may come up when the HOA is seen as being too punitive or, on the other hand, failing to act to resolve the conflict.
How to Resolve HOA Disputes?
When facing a dispute with your HOA, it is advisable to do the following:
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Review HOA governing documents for internal conflict resolution procedures
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Communicate and negotiate with the HOA
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Mediate
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Litigate
Contact Our Fort Lauderdale, FL Condominium Association Lawyer
If you are facing a dispute with a homeowner’s association, an Oakland Park, FL real estate dispute attorney can represent you and ensure your rights are protected. At The Elliot Legal Group, P.A., we will work closely with you and use our experience and knowledge to ensure you understand your legal rights against HOAs. Speak with a skilled condominium association lawyer by calling 754-332-2101 today.
