Condo and HOA Laws Archives - A Condo Law Firm For Consumers

Condo and HOA laws govern the rights and responsibilities of homeowners living within shared communities. Disputes with your homeowners association can arise over fees, rule enforcement, property modifications, or pet policies, and they can escalate quickly without proper legal representation. Many homeowners feel powerless against their HOA, but you have rights worth protecting. The Law Offices of Herb M. Milgrim, P.A. has the knowledge and experience to help you navigate condo and HOA laws, challenge unfair decisions, and pursue the outcome you deserve. Don’t face your HOA alone. Contact us today to discuss your situation.

Jan

Condo Water Damage? Advice from Your Florida Condo Attorney

January 2, 2026firstpageattorneymarketing@gmail.comCondo and HOA Laws, Condo Water Damage Claims, water damage

Dealing with condo water damage can feel overwhelming for any Florida unit owner. Water issues in condominiums often spark disputes between owners and associations. Understanding your rights under Florida law protects your investment and helps you take proper action. This guide explains what you need to know when facing water-related property damage. Understanding Common Elements...

Dec

Withdrawal of FHEO-2020-01: Everything You Need to Know Today

December 3, 2025firstpageattorneymarketing@gmail.comCondo and HOA Laws, Emotional Support Animals

The recent withdrawal of FHEO-2020-01 has left Florida condo owners scratching their heads. What does this mean if you have an emotional support animal? Can your HOA now deny your request more easily? HUD just pulled the guidance that explained how associations should handle ESA accommodations. Property owners who rely on these animals are worried...

Sep

How to Get Rid of HOA Misconduct With a Professional Condo Attorney

September 10, 2025firstpageattorneymarketing@gmail.comCondo and HOA Laws

Learning how to get rid of HOA misconduct becomes your top priority when faced with a corrupt board member. Many Florida residents face situations when dealing with corrupt board members where their associations violate state laws or abuse their power. Getting professional legal help makes all the difference in these complex situations. You don’t have...

Jul

Selective Enforcement as an Affirmative Defense

July 5, 2023David BCondo and HOA Laws

Many Florida homebuyers purchase condominiums or single-family homes that are located in communities controlled by homeowners’ associations (HOAs). When you want to purchase a home in this type of community, the transaction will be conditioned on your agreement to join the homeowner’s association. Living in a community controlled by an HOA comes with advantages and...

Jun

HOA and Architectural Review Board Laws in Florida

June 5, 2023David BCondo and HOA Laws

What You Need to Know About Architectural Review Board Laws The architectural review committee of a homeowners association (HOA) is tasked with reviewing and approving designs to ensure they conform to the neighborhood’s restrictions. This committee must comply with architectural review board laws and must be particularly careful when denying a homeowner’s plan. Despite the...

Construction, Inspection, Repair for Florida Condo

Jul

New Florida Condo Law on Inspection and Repair

July 7, 2022Herb M. Milgrim, Esq.Condo and HOA Laws

Last year, the tragedy of the Surfside building collapse shocked Floridians — and spurred lawmakers to take action. The Florida legislature recently passed a law that will require condo boards to set aside reserve funds for repairs beginning in 2025. The law, which was signed by Governor Ron DeSantis in May, also mandates that boards...

Jul

Miami Beach Condo Collapse: The Association’s Non-Delegable Duty for Maintenance

July 2, 2021Herb M. Milgrim, Esq.Condo and HOA Laws

As an Attorney that fights for the rights of individuals who own Condominiums in Florida, I am deeply saddened by the tremendous loss to our neighbors in Surfside. The loss of life and property is truly devastating to these residents and their families. Our thoughts and prayers continue to go out to them. As many...

Mar

New Owners Beware of Contradicting Rules in Your Condo Declaration

March 4, 2021Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

If you are in the process of buying a condominium or are a new owner, it is important to familiarize yourself with the governing documents for your Association. One of the key documents is the declaration, which sets forth your obligations, including payment of dues and assessments, as well as the Association’s covenant restrictions and...

Feb

Is My Architectural Review Board Unfair?

February 11, 2021Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

All homeowners’ associations (HOAs) have architecture review boards (ARBs), whose role is to enforce the architectural standards for the community. Typically they do this by keeping development uniform and visually standardized. Since one of the appealing aspects of managed communities is the uniform aesthetic of the neighborhood and the pleasing views, one of the primary...

Two women in a meeting. One woman is holding her dog

Sep

What Does an HOA Board in Florida Consider When a Request for an Emotional Support Animal is Made?

September 2, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Emotional Support Animals

If you are wondering how to get an emotional support animal approved in pet-restricted housing, it is important to understand what is required under Florida law on emotional support animals. Knowing what your Condo Association or Homeowners Association (HOA) is permitted to consider when you make your request, as well as what could raise red...

businessman hitting the table with clenched fist.

Aug

Restrictive Covenants: How Restrictive Can Your Florida HOA and Condo Board Be?

August 12, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights, Pet Restrictions

Although Florida Homeowners Associations and Condo Associations are allowed to establish use and occupancy restrictions and rules, state and federal law provide important protections for owners against restrictions that are unreasonable, arbitrary, or discriminatory. Any “restrictive covenants” must be “reasonable and rationally related to a permissible state objective.” An experienced Florida condo attorney can assist...

Jun

What You Should Know About Hurricanes, Your Condo, and Your Emotional Support Pet

June 26, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

As hurricane season gets underway, there are a number of important preparedness steps Floridians should be taking. Creating or updating your family disaster plan, stocking your home and car with emergency supplies, collecting important documents (emergency phone numbers, insurance information), and preparing for a possible evacuation order, are just a few key elements of Florida...

Person Videochatting With Doctor On Mobile Phone

Jun

Telehealth and Emotional Support Animals

June 22, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Emotional Support Animals, Pet Restrictions, Service Dogs

The coronavirus health crisis has impacted all of our lives in ways large and small. As the country continues to deal with the pandemic, we are experiencing a new normal. We are working from home, meeting our friends and family for virtual get-togethers, and many of us have been introduced to telemedicine for the first...

May

Mold and Water Damage in Condos Caused by Association’s Failure to Maintain Common Elements

May 28, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condo Water Damage Claims, Condominium Law, Toxic Mold in Condos, water damage

It has been a particularly rainy spring in Florida and many condominium owners are dealing with mold and water damage in condos because their Associations are failing to maintain the common elements in their complex. Fortunately, if the Association has failed to properly maintain the comment elements, such as the roof or the exterior walls,...

Apr

What Maintenance and Repair Responsibilities Will I Have in My New Florida Condo

April 8, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condo Water Damage Claims, Condominium Law, Owners Rights, water damage

When you buy a condo in Florida, it is important to understand the maintenance and repair obligations you will have as an owner. Generally speaking, your condo owner’s association (COA) will be responsible for maintaining and repairing the common spaces. For a detached condo, this typically covers landscaping, trash, and the building exterior. Some exterior...

Mar

A Guide to Navigating the Coronavirus for Florida Condo Owners

March 26, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

As we all navigate the new reality we are living in the wake of the COVID-19 outbreak, it is important to stay calm, keep up-to-date on the latest developments, and do everything you can to protect yourself, your loved ones, and your community. Many of our clients are living in condo communities and are struggling...

Mar

How to Find Out if the Florida Condo You Want to Buy is Pet-Friendly

March 11, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights, Pet Restrictions

If you are looking to buy a home in a pet-friendly condo, be sure to check the rules of the condo or homeowner’s association (HOA). There are likely to be restrictions on the kind of pets you can bring, where they can go within the community, and how they are expected to behave. As a...

Feb

What is my Florida Condo Association Required to Post on Its Website

February 27, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

You may not know it but your Florida condominium association may be required to have a website containing a wealth of useful information for unit owners. In the age of technology and transparency, access for unit owners to everything from notices of board meetings to copies of budgets, bids, declarations, and financial reports should be...

Feb

HUD Issues New Guidance on Support Animals

February 12, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions

On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) released guidance on the process of requesting an accommodation under the federal Fair Housing Act (FHA) for a comfort pet. The previous guidance put out by HUD (FHEO-2013) is now replaced with this new guidance report. The FHA provides that disabled persons...

Jan

My HOA Hasn’t Responded to My Complaint – What Now?

January 22, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

Condo Law Firm For Consumers If you are involved in a dispute with your Homeowner’s Association, it is important to understand your rights and obligations, as well as your possible options for pursuing a complaint. Whether your dispute involves a selective enforcement claim, a request for a reasonable accommodation for a therapy pet, payment for...

Jan

FAQs About Mold and Moisture in Your Florida Condo

January 8, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condo Water Damage Claims, Condominium Law, Owners Rights, Toxic Mold in Condos, water damage

Florida Condo Mold and Water Damage Claims Living in a warm and humid climate like Florida’s puts your home at risk for mold growth. The risk only increases during hurricane season (June 1 – November 30). Mold prevention should not only be a regular part of maintaining your Florida condo, but it is also important...

Dec

Liability of Individual HOA Board Members for Fair Housing Violations

December 23, 2019Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

If your request for a reasonable accommodation from your Florida condo association has been denied (such as a request to keep an emotional support animal or service dog in your pet-restricted condo), you may have a viable claim that the association has violated the Fair Housing Act (FHA). The FHA prohibits discrimination against disabled residents...

Dec

How to Prove Selective Enforcement By a Florida Condo Association

December 16, 2019Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

Condominium owners who believe that their association is unfairly enforcing a rule or restriction against them may be able to claim “selective enforcement” as a defense. Under Florida Law, condominium restrictions or limitations cannot be enforced in a selective or arbitrary manner. In other words, a condo association or HOA cannot enforce a rule against...

Oct

Federal Government to Provide Guidance on Verification Requirement for Emotional Support Animals

October 3, 2019Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

The law allows people with disabilities who wish to keep their emotional support animals (“ESAs”) in their Florida condos to seek a reasonable “accommodation” from their associations. Key to the success of your request will be knowing what information you need to provide when you request an accommodation and how to be sure that the...

Aug

Emotional Support Animals and Service Animals in Condominiums and Homeowner Associations

August 30, 2018Herb M. Milgrim, Esq.Condo and HOA Laws, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

I have been getting a considerable amount of calls lately from Condo owners and Homeowners here in Fort Lauderdale, Miami, Aventura, Naples, Sunny Isles and Boca Raton. The majority of the calls are from individual owners concerned about various Condo Pet Rules and HOA Rules restricting their ability to keep pets as well as Assistance...

Jul

Fort Lauderdale Condo Lawyer Representing Owners Discusses Condo Board Rule Making Authority

July 15, 2018Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights, Pet Restrictions

As a Florida Attorney with offices near Miami, Aventura and Fort Lauderdale, I have seen many examples of Condominium and Homeowner Association Boards operating illegally. One of the most prevalent abuses is Association Boards enacting Rules outside the scope of their authority. Many Condominium Associations and Homeowners Associations in Florida have a provision in their...

Jan

Dealing with Homeowner’s Association Architectural Review Committees

January 12, 2018Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

As a Florida Condo Lawyer that primarily represents condo and homeowners that have disputes with their Associations, I frequently get calls from homeowners that are being threatened by their associations for violations of the Architectural Review Standards. Some owners have applied for approval prospectively while others have already made the improvements and are now seeking...

Dec

Board Members that Threaten and Intimidate are Interfering with Owners’ Rights To Quiet Use and Enjoyment

December 16, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

As we approach the end of the year many Condominium and Homeowner Associations will be getting ready for their annual meetings. During these meetings the Board usually presents the community with a copy of the Annual Budget and elections are held to elect the members of the board. If you have been having problems at...

Nov

Waiting to Hire A Florida Condo Attorney May End Up Costing You More In The End

November 3, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

As a Florida Attorney that aims in representing condo owners and homeowners involved in disputes with their Associations I get calls each week from owners that simply can’t decide whether they should retain an attorney “now” or wait and see how things go. Many clients simply can’t afford to retain an attorney on an hourly...

Oct

Condo Attorney Representing Owners Discusses Emotional Support Animals and Service Dogs

October 16, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

If you have a Service Dog or Emotional Support Animal and your Association is questioning your need or simply conducting a reasonable inquiry you should consult with an Attorney before responding.

Mar

Good News for Florida Condo Owners and Homeowners

March 31, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights, Pet Restrictions, water damage

According to Jan Bergemann, President of Cyber Citizens For Justice, The new version of H5005 to be approved … shows that all provisions regarding the removal of license requirements for community association managers (CAMs) and all wording regarding dissolving the Division of Florida Condominiums, Timeshares and Mobile Homes and the Condo Ombudsman’s Office have been removed. Thank...

Mar

Condo & Homeowner Associations are Trying to Change Florida Law Again!

March 14, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

Please contact your State Representatives today. There is a proposal on the agenda for tomorrow March 15, 2011. This bill will take away what little protection Condo Owners and Homeowners currently have under Florida law. One of the many negative features of this bill proposal is to take away the licensing requirements for Community Association Managers (CAM). ...

Feb

Fort Lauderdale Condo Attorney Seeks Voice For Individual Condo and Homeowners

February 7, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

Was anybody outraged by the article that appeared in Sunday’s Miami Herald entitled Homeowner Associations Step Up Foreclosure Filings? I don’t know about you but our Courts are already clogged with Lenders filing foreclosure suits, do we really need Condo Associations and Homeowner Associations adding to the congestion with lawuits seeking to foreclose your home...

Jan

Can Condo and HOA Boards Change Use Restrictions Without Owners’ Vote?

January 13, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights, Pet Restrictions

Many of us in Florida live in Condominiums and Homes governed by Associations. These Associations are typically run by Board Members that we elect to run our development. What happens when the Board tells us that we can’t have dogs over a certain weight, that our teenagers can’t use the common Gym unless they have a...

Jul

Should I Sue My Condo Association?

July 22, 2010Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights, water damage

I have handled many cases in Florida for condo owners, homeowners and co-op owners that have claims against their associations. These cases are all handled on an hourly billing basis. Some cases settle with a strongly worded letter but others require a series of letters and litigation. This can get expensive for the condo or...

Jul

FREE CASE EVALUATION WITH FLORIDA CONDO LAWYER

July 15, 2010Herb M. Milgrim, Esq.Condo and HOA Laws

If any of you filled out my contact form and did not receive a reply from me I apologize. Apparently the “FREE CASE EVALUATION” form was not sending me an email alerting me to your requests. The problem is now fixed. In the future please feel free to use the “FREE CASE EVALUATION” form or call...

Jul

Condo Lawyer Discusses Owners’ Rights

July 5, 2010Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

Condo owners, homeowners and co-op owners in Florida all have the right to the quiet use and enjoyment of their homes. How many of you hosted a party or attended a party this Holiday Weekend? Probably a good majority of you did. There may have been music, loud guests and maybe even some fireworks. For...

Jun

CONDO ASSOCIATION PET RESTRICTIONS (part 3 of 3)

June 30, 2010Herb M. Milgrim, Esq.Condo and HOA Laws, Pet Restrictions

The Law Offices of Herb M. Milgrim, P.A. is a Florida Law Firm that specializes in representing Condo Owners, Homeowners and Cooperative Owners that have disputes or are contemplating Litigation or a Lawsuit against their Association. We provide prospective clients with a Free Case Evaluation. Once we have been retained we review all of the...

Jun

Florida Condo Lawyer discusses impact of New Condominium Reform Bill on Condo Owners and Homeowners

June 3, 2010Herb M. Milgrim, Esq.Condo and HOA Laws

Most Condominium Owners and Homeowners may already be aware that Governer Crist signed into law Senate Bill 1196, which is a sweeping condominium reform bill. The highlights of the bill are that it now requires banks that foreclose on condo units to pay 12 months of unpaid assessments as opposed to the previous requirement of...

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