Homeowner’s associations are very common in Florida. Sometimes, homeowner’s associations are beneficial in providing structure and some protection for homeowners’ property values. The rules and maintenance that homeowner’s associations provide can be invaluable. Unfortunately, with that power can come conflict, which is certainly not pleasant if you are on the receiving end of a notice of a violation of the declaration of covenants from a Florida homeowner’s association. Sometimes the homeowner’s association refuses to enforce rules against other homeowners, but decides that you are in a violation. Other times, a homeowner’s association is not undertaking the required maintenance of the common areas as is required by the declaration.
How do I resolved a dispute with my homeowner’s association?
Fortunately, the Florida Statutes provide a procedure for attempting resolution of a dispute with your homeowner’s association prior to either side filing a lawsuit. Under section 720.311(2)(a), Florida Statutes, “Disputes between an association and a parcel owner regarding use of or changes to the parcel or the common areas and other covenant enforcement disputes, disputes regarding amendments to the association documents, disputes regarding meetings of the board and committees appointed by the board, membership meetings not including election meetings, and access to the official records of the association shall be the subject of a demand for presuit mediation served by an aggrieved party before the dispute is filed in court.” This section means that if an association is in dispute with a homeowner that involves one of the areas listed above, the homeowner must serve a demand for presuit mediation on the association and attend mediation prior to filing suit in court. The same goes for an association who is looking to sue a homeowner in the association regarding one of the listed areas. This section does not apply for actions by a homeowner’s association to recover the payment of assessments from a homeowner.
In order to demand presuit mediation, you will need to send a letter that complies with the form set out in section 720.311(2)(a). If the demand for presuit mediation is not made before filing a lawsuit, then the complaint filed may be subject to the defense of failure to conduct conditions precedent to filing suit. Also, a benefit from attending mediation with the parties to the dispute is that there is the opportunity to resolve the issues without incurring expensive court costs and attorney’s fees. This may lead to resolution of minor homeowner’s association disputes.
What if I need to file a lawsuit against my homeowner’s association?
If you do end up needing to file a lawsuit in Florida, section 720.305, Florida Statutes will be helpful. Under section 720.305(1), “Actions at law or equity, or both, to redress the alleged failure or refusal to comply with these provisions may be brought by the association or by any member against: (a) the association; (b) a member; (c) any director or officer of an associaton who willfully and knowingly fails to comply with these provisions; and (d) any tenants, guests, or invitees occupying a parcel or using the common areas.” Furthermore, under section 720.305(1), “The prevailing party in any such litigation is entitled to recover reasonable attorney’s fees and costs.”
Section 720.305 sets out the availability of causes of action in a Florida court that are available to the people listed in the statute. Basically, in Florida you can sue your homeowner’s association under any appropriate theory under applicable law. If you are successful in your lawsuit, then you will be entitled to recover reasonable attorney’s fees and costs from the association.
Contact us today to scheduled a free consultation if you are involved in a dispute with your homeowner’s association.
If you are involved in a dispute with your Florida homeowner’s association, or if you homeowner’s association has served you with a demand for presuit mediation, you should contact an attorney. An attorney will be able to advise you of your rights under Florida law, examine the covenants and declarations of your homeowner’s association, and advise you on whether it makes sense to file a lawsuit or demand presuit mediation. At Richert Quarles P.A., we represent homeowners against homeowner’s associations. If you have a dispute, contact us today to schedule a free consultation.
My HOA is Riverwood Plantation in Port Orange, Florida. One week after I moved in I received a letter from the for 4 violations. The letter was dated in August. I didn’t own the house in August. I closed On September 4th. I complied with correcting the violations. I received another one a month later for weeds. I complied. Now I got one dated at the top with a date in 2017 with an added date below it for March of 2019 for violation of fence needing repair and weeds in the pavers. I do have weeds in the pavers and sprayed them but my fence is a steel fence and its new and came with the house. This harassment continues. I spoke with another fellow who said he got a violation letter one day after he move in to this community. My wife went in after we got the first harassing letter and told her we were not happy with their letter of violation since we had just moved in. The office person called an officer and the officer told my wife, if you don’t like it you should move. Any suggestions. They seem to have targeted me and I did hear the previous owner was a chronic violator but parking his boat in the driveway for and unauthorized period of time. The Riverwood HOA is also in some kind of dispute with an adjacent subdivision known as Sable Cove.
Hello, thanks for your comment. Unfortunately, we cannot answer your legal question here in the comments. If you would like to schedule a free consultation, please give us a call at 727-235-6461.
I have similar case and HOA not only harass but after the harassment do not give due process and discriminate as I am Indian and then call the police on the homeowners. How unfair?
Hello, thanks for your comment! If you would like to schedule a free consultation, please give us a call at 727-235-6461.
My parents are having a problem with their HOA. My parents built their house in 1996 and they have a “right of way” (easement) that went neglected until another neighbor made a complaint and it ended up with the HOA doing a bunch of work then realizing they made a BIG MISTAKE but they are trying to blame my parents for their neglect. My parents had to immediately put the dirt back that was taken from their property during whatever the HOA was doing. They never notified my parents of the work they were going to be doing… uncovered that they failed to maintain that right of way and when they started the work realized the drainage was not working so it caused a flood that almost took my parents house out when a hurricane came through but thankfully my parents had that extra dirt put into place when they built the house (again in 1996) so the HOA knew about it and approved it plus my parents have documents showing that the HOA is in the wrong. Today, somebody was in their electrical box (alarm, electric, cable) when my father went outside and the person said they were contracted by the HOA to see where the electric lines were before they started more work (not notifying them again of any work being done which OBVIOUSLY EFFECTS MY PARENTS PROPERTY EACH AND EVERY TIME AND THEY ARE TRYING TO HOLD MY PARENTS RESPONSIBLE FOR THEIR MISTAKES). My mother is disabled and they know that and they never did mediation, never made arrangements for my parents to attend any meetings to discuss anything, etc. They live in a Sanctuary which is protected as well and they are in violation of their own by laws, cc&rs, etc. Never sent anything certified, registered or even regular mail and my parents are elderly and have put out a lot A LOT of money repairing what this HOA has done to their property as a result of their failure of their fuditury duties in my opinion. Can you PLEASE PLEASE help?
Hello! Thanks for your comment. Unfortunately we can’t publicly respond to your individual legal questions in the comments. However, if you would like to schedule a free phone or in person consulation, just give us a call at 727-235-6461.
My HOA has suspended my common area use siting section 720.305 (4) for being “90 days delinquent”, our dues is due no later than the 15th of the first month of the Quarter you are paying for. Currently I am 52 days late and have received 2 letters, one is a notice of the “Intent to Lien” and a 2nd letter with the “Suspension of Use Rights”. If I am reading the Statute correctly they have 2 violations, 1st I did not receive the 14 Day Notice in section 7020.305 Section 2(b) and 720.305 Section 4 as I am not 90 days delinquent in my dues. What recourse do I have?
Thanks for your comment. Unfortunately we cannot comment on specicific cases in this comments section. If you would like to schedule a free consultation please contact us at 727-235-6461. Thanks!