In Florida, an HOA is a homeowners association. Homeowner’s associations govern common interest communities, such as apartments, complexes, neighborhoods, and other types of planned communities.
HOAs are private organizations that sell and manage residences and lots in planned subdivisions and communities. For more information on HOAs, it may be helpful to review the HOA FAQs.
When an individual purchases a residence or lot in a planned community, they automatically become a member of the neighborhood HOA. Provisions about the property being in a planning community and, therefore, subject to HOA fees and rules will be included in the real estate sales contract.
In most neighborhoods, HOA fees are charged monthly or yearly. These HOA fees are spent on maintaining community areas, such as playgrounds, pools, and gyms.
An HOA can enforce the covenants, conditions, and restrictions (CC&Rs) that apply in the community. These CC&Rs often have requirements for properties, such as lawn maintenance and the outside appearances of residences.
When a homeowner does not follow the HOA rules, they can face fines or be sued. In the same manner, a homeowner can take their HOA to court if it does not complete its obligations.
If an individual is considering suing their HOA, they should review the HOA rules and any other governing documents they received when they bought their residence. For more information on Florida HOA issues, it is important to have an attorney consultation.
What Are CC&Rs?
As noted above, the covenants, conditions, and restrictions, or CC&Rs, are rules that homeowners in HOA neighborhoods agree to follow when they buy their property. Common examples of these CC&R laws include:
- Pet ownership
- Requirements regarding landscaping, as well as penalties for failure to follow them
- Rules governing the exterior appearance of units
- This may include satellite dishes, fences, colors, etc.
- What an owner can park on the street or driveway
- It is common for RV and boat parking to be prohibited
When a property owner fails to comply with CC&Rs or pay their HOA dues, an HOA may be able to levy fines, place a lien on the property, or even foreclose on their property. If a homeowner needs assistance finding out how to stop an HOA foreclosure, they should consult with a Florida lawyer immediately.
Should I Buy a House With Covenants, Conditions, and Restrictions?
When an individual is considering purchasing a residence that is subject to CC&Rs, they should examine their wants, needs, and what is provided by the HOA. Some purchasers may want to follow CC&Rs so they can take advantage of the amenities the HOA provides, such as a gym, pool, walking trail, or other items.
HOAs also often handle issues between homeowners in many communities, for example, if an owner is being too loud after the proper hours. Having an HOA govern a community helps ensure common areas are maintained and that the community provides good curb appeal for future sales.
It is also important to consider what can be seen as cons to purchasing a property subject to CC&Rs. A property owner will have to pay HOA dues and, if they fail to do so, they may lose their property. They will also have to follow all requirements governing parking and the exterior appearance of their home.
What Are HOAs Allowed and Not Allowed To Do?
An HOA does have the right to create and enforce rules in planning communities. However, they also have to comply with the agreements they made with homeowners, along with local and federal laws.
HOAs must comply with the Fair Housing Act. This means they are prohibited from denying someone housing based on a federally protected characteristic, such as their sex, race, or religion.
HOAs must also follow the requirements of the Americans with Disabilities Act. This includes providing reasonable accommodations, such as ramps, in the common areas for individuals who have disabilities.
A HOA cannot charge excessive fees or any fees that were not included in their agreements with homeowners. If the HOA tries to, they will violate the Federal Fair Debt Collection Protections Act (FDCPA), a federal law that restricts debt collectors and how they are permitted to collect debts.
An HOA is not permitted to hold an unfair election, deny requests from homeowners that comply with the HOA agreement, or amend the governing documents without due process. To make any of these changes, the HOA will need to follow the requirements outlined in their CC&Rs.
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Can I Sue My Homeowners Association?
Lawsuits against HOAs can be filed if the association fails to perform what it is required to do under the governing HOA rules or if it violates federal or state law. For example, if the HOA does not properly maintain the community pool, an owner may be able to sue their HOA under the legal theory of breach of contract.
HOAs can also be sued if they misuse fines they collected from fees. If, for example, a member of the HOA uses the money for a personal purchase instead of maintaining or improving the community, they can be sued under the legal theory of breach of fiduciary duty.
Homeowners should review the CC&Rs in their purchase agreements so that they will know what their rights and obligations are. If an individual has any questions about the HOAs at their Florida residence, they can consult with a lawyer for help.
Where Do I File a Complaint Against an HOA in Florida?
In the State of Florida, an HOA member can file a complaint against their HOA with the Florida Department of Business and Professional Regulation (DBPR). The specific department within the DBPR that handles these claims is the Division of Florida Condominiums, Timeshares, and Mobile Homes.
To find out more about the options available to file a complaint against a Florida HOA, an individual should consult with a Florida lawyer.
How Much Does It Cost To Sue Your HOA in Florida?
How much it will cost to sue a Florida HOA will depend on the individual’s specific situation and the path they take. For example, filing a claim in small claims court will cost a lot less than filing a lawsuit in court.
If an individual has assistance from a Florida real estate attorney, they will typically have to pay anywhere from $200 to $500 or more, depending on the lawyer’s experience level, the location, and complexity of the issues. Some Florida real estate lawyers will charge their clients a flat fee for simple services, such as reviewing their HOA agreements or writing a letter to the HOA.
What Kind of Lawyer Do I Need To Sue My HOA in Florida?
If you are having issues with your Florida HOA, or need help understanding your purchase documents, you should reach out to a Florida real estate lawyer. The sooner you can reach out to a lawyer, the more helpful they will be able to be with your HOA situation.
You can find a Florida real estate lawyer to help you with your HOA concern in as little as 15 minutes using LegalMatch. LegalMatch provides free lawyer matching services online that you can use to find an attorney who fits your needs and budget today.
