Homeowners’ associations (HOAs) and condominium associations play a vital role in maintaining community standards and property values. However, there are times when these associations overstep their authority, imposing unfair rules, excessive fines, or unreasonable restrictions. When this happens, homeowners have legal rights and options to challenge such overreach.
At The Law Offices of Herb M. Milgrim, P.A., we specialize in protecting the rights of homeowners and condominium owners against unfair HOA and condo association actions. If you believe your HOA has exceeded its legal authority, our experienced Florida condo attorney can help you navigate the complexities of association law and fight for your rights.
Common Ways HOAs Overstep Their Authority
While HOAs are intended to enforce community rules fairly, some take their power too far. Below are some of the most common ways HOAs overstep their legal boundaries:
- Unlawful Fines and Fees
HOAs often issue fines for violations of community rules, such as improper landscaping, exterior modifications, or parking infractions. However, Florida law requires that these fines follow due process, including proper notice and an opportunity for a hearing. If your HOA is imposing excessive or arbitrary fines without following the correct procedures, they may be acting unlawfully.
- Selective Enforcement of Rules
All homeowners must be treated equally under HOA regulations. If your HOA enforces rules inconsistently—such as allowing some homeowners to keep pets while fining others for the same issue—you may have grounds to challenge their actions. Discriminatory or selective enforcement is a serious violation of homeowners’ rights.
- Illegal Liens and Foreclosures
While HOAs have the power to place liens on properties for unpaid assessments, they must comply with Florida law. Some associations may improperly file liens, inflate the amount owed with excessive fees, or attempt foreclosure without following legal procedures. If you’re facing an unfair lien or foreclosure attempt, contact The Law Offices of Herb M. Milgrim, P.A., where an experienced HOA attorney in Florida can evaluate your case.
- Violating Open Meeting Laws
Florida’s Homeowners’ Association Act and Condominium Act require that board meetings be open to members and provide proper notice. If your HOA is making decisions behind closed doors, denying homeowners access to records, or failing to hold open elections, they may be in violation of Florida law.
- Imposing Unauthorized Special Assessments
Special assessments are sometimes necessary for community maintenance projects. However, HOAs cannot impose these fees arbitrarily. The governing documents typically outline the procedures for approving assessments, and if an HOA bypasses these rules, homeowners have the right to challenge the charges.
Legal Protections for Homeowners
Homeowners and condominium owners in Florida have several legal protections when dealing with overreaching HOAs. Here’s how you can protect yourself:
- Know Your Rights Under Florida Law
The Florida Homeowners’ Association Act (Chapter 720, Florida Statutes) and the Florida Condominium Act (Chapter 718, Florida Statutes) govern HOAs and condo associations. These laws outline how associations must operate, including their responsibilities, financial transparency requirements, and homeowners’ rights.
- Review Your HOA’s Governing Documents
Your HOA’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules dictate what the association can and cannot do. If an HOA’s actions violate these documents, you may have legal grounds to challenge them.
- Challenge Unfair Actions in Writing
If your HOA is imposing unfair rules or fines, submit a formal written dispute. Keep records of all communications, meeting minutes, and notices. These documents can be critical if legal action becomes necessary.
- Utilize Florida’s HOA Dispute Resolution Process
Florida law provides alternative dispute resolution (ADR) options, including mediation and arbitration, for certain HOA disputes. These processes can sometimes resolve conflicts without the need for litigation.
- Take Legal Action if Necessary
If your HOA refuses to correct its overreach, you may need legal representation to enforce your rights. The Law Offices of Herb M. Milgrim, P.A. has extensive experience handling HOA disputes, ensuring that homeowners are treated fairly and lawfully.
How The Law Offices of Herb M. Milgrim, P.A. Can Help
Dealing with an aggressive or overreaching HOA can be stressful and financially draining. That’s why it’s crucial to have a knowledgeable legal advocate on your side. At The Law Offices of Herb M. Milgrim, P.A., we focus on representing homeowners and condominium owners in disputes with HOAs and condo associations throughout Florida.
If you’re facing an HOA dispute, don’t let your rights be ignored. Contact The Law Offices of Herb M. Milgrim, P.A. today to speak with an experienced HOA attorney in Florida who can help you fight back against unfair association practices.
Get the Legal Help You Need
You don’t have to navigate the complexities of HOA disputes alone. If you believe your HOA has overstepped its authority, our dedicated legal team is ready to help. Call The Law Offices of Herb M. Milgrim, P.A. today for a consultation and take the first step in protecting your rights as a homeowner. Call 954-966-3909.