The Florida Homeowners’ Association Act: What You Should Know

There are roughly 50,000 homeowner’s associations (HOAs) across Florida, many of which are appreciated by residents. As with anything, however, not all of the vast number of HOAs are efficiently operated. Remember, the members of the Board of Directors are all volunteers and there  is no legal requirement that they be a lawyer, accountant, engineer or contractor. 

A significant proportion of complaints stem from fines and liens imposed by Homeowners Associations (HOAs) on property owners. Under Florida HOA laws, associations have the authority to impose fines and liens on properties due to various “violations,” with home repair-related issues being particularly prominent.

Whether it is an issue regarding the enforcement of policies or lack thereof, you may need an experienced Broward County HOA lawyer to help you maintain your rights.

Florida Homeowners Association Act

An HOA is a not-for-profit organization that enforces the rules for living in a certain community or neighborhood. 

The Homeowners Association Act is a set of Florida statutes, contained in Chapter 720,  that govern the creation, management, authority, and operation of this organization. The Act is divided into 3 main parts: 

• General Provisions
• Disclosure Prior to Sale of Residential Parcels
• Covenant Revitalization

Each of these parts helps to outline specific definitions of terms, what is and is not the responsibility of an HOA, what is and is not allowed to be overseen by an HOA, and to what degree the rules can be enforced.

Some of the Florida homeowner association laws require HOAs to:

• Provide adequate notice to homeowners regarding meetings, voting, and other matters
• Develop a written set of rules and regulations
• Operate fairly with no discrimination
• Maintain proper financial records
• Adhere to certain standards when it comes to collecting delinquent assessments

There are also Florida laws that specifically govern Condominiums, (Chapter 718)  and Cooperatives, (Chapter 719) throughout the state. These statutes fall under the Florida Condominium Act and the Florida Cooperative Act, respectively. 

It is crucial to understand which set of laws pertains to your specific living situation to be able to determine whether or not your rights are being violated. If you do feel that your HOA is breaching any of these statutes or infringing on your rights, it is best to contact a Broward County HOA lawyer as soon as possible.

Common HOA Disputes To Look Out 

One of the HOA’s goal is to protect the value of the community. This is often done by enforcing conformity. 

While many HOA rules start with good intentions, they can often go too far, resulting in costly fines and liens for residents. The most common HOA citations are for parking, lawn care, and home repairs. Others involve boundary disputes, noise/disturbances, selective enforcement of rules, and even pets.

How Do I File a Complaint Against My HOA?

Small citations can quickly turn into costly legal disputes and a source of stress and anxiety for homeowners. The best thing to do is not ignore small problems when they arise. Instead, work to find a solution as soon as possible before the situation takes a turn for the worse.

If you feel as though your HOA is overstepping its duties and infringing on your rights as a homeowner, you may choose to file a complaint against them. To do so, you must fill out a Condominium/Cooperative Complaint Form and file it with the Division of Florida Condominiums, Timeshares, and Mobile Homes. 

This is something that can be done on your own, but to ensure it is done correctly, it may be best to obtain a Broward County HOA lawyer. Be sure to include all documentation or other evidence supporting your complaint when you file.

When Involved With HOA Conflicts – Ferrer Law Group Can Help

Depending on how they were designed, each HOA can have different legal power levels. To make sure that your rights as a homeowner in Florida are protected and for HOAs to ensure safety and compliance with the rules and agreements, it is imperative that you enlist the help of an attorney familiar with Florida HOA laws. Here at the Ferrer Law Group, we have the background you need to ensure that you achieve the results you are seeking. Call us today for a consultation.