When Florida homeowners buy a property in a planned community or condo building, they become members of an HOA (Homeowners’ Association), which means they must follow the rules. HOA rules are meant to protect home values and the quality of life in a community, but when they interfere with your ability to fully enjoy your home, disputes can happen.
HOAs do have a lot of power, and getting fines or threatening letters from your HOA is daunting. If you run into trouble with your HOA, contact Flaxman Law Right away for a consultation with a Hollywood HOA dispute resolution lawyer. Our family-based law firm has over 60 years of combined, local experience. In addition, Charles Flaxman, half of our father-son attorney team, is chairman of the board of the organization responsible for his local neighborhood police patrol. He helped create this organization after working for years to put the expense for that onto the homeowners’ property tax bill. Contact our experienced and caring team today for your consultation.
What Are My Rights as a Florida Homeowner?
In Florida, Chapter 720 of Florida Statutes governs HOAs, including how they need to be set up, what they can and can’t do, and even how disputes are supposed to be resolved. Under this and other regulations, you have several rights as a Florida homeowner, including:
- The right to remove board members. Homeowners, with a majority vote, can recall HOA board members who aren’t fulfilling their obligations.
- The right to be informed. You must be allowed to access HOA documents and filings, including financial reports, and you can do so by submitting a written request to the board. As long as you are a member of an HOA in good standing, you also have the right to attend HOA board meetings.
- The right to change HOA rules. HOA rules aren’t written in stone and can be changed, in most cases with a majority vote by homeowners.
- The right to sue board members. If an HOA or board member behaves in an unjust way, homeowners may have the right to file a legal claim.
- The right to fair treatment. If there is a sudden increase in HOA fees or a special fee, you have the right question it. If the HOA is taking disciplinary action against you, you also have the right to a fair disciplinary hearing first, before any action is taken.
- The right to specific freedoms. In Florida, HOAs can’t ban you from flying the American flag, having a clothesline to dry clothes, putting up political signs or satellite dishes, or making your home accessible (including with wheelchair ramps). HOAs may have the right to impose certain restrictions, however, such as limiting the height of flagpoles or creating rules about how long political signs can stay up. HOAs in Florida, however, can’t stop you from growing native species of plants, even if they interfere with the community landscape design.
What Should I Do If I Have a Dispute With My Florida HOA?
Your HOA must be registered in Florida as a corporation and must file all governing documents with your community county. The reality is that HOAs must also follow a number of state and local rules, which means you may be able to seek a fair resolution in a dispute. At the same time, no government body audits or checks HOAs. When they act in bad faith, it’s up to members to use the law to fight back.
Fortunately, you don’t have to do this alone, whether you’re a homeowner in conflict with your HOA or a renter having trouble with your landlord. You can always reach out to Flaxman Law Group to consult with an HOA dispute resolution attorney or Hollywood landlord-tenant dispute attorney. We’d be happy to talk about any options you might have.