Florida has a new statute on the books that helps provide legal protection to homeowners who are part of a homeowners association (HOA). The Florida Homeowners Association Act – referred to as the Homeowners Association Bill of Rights – now requires HOA boards to provide an agenda and notice of every upcoming meeting to members. Boards are also now required to provide an HOA member detailed information regarding any fines the board is imposing on the member, as well as follow a specific timeline.
Board members are now also required to disclose any contracts they have with a third party that they have a financial interest in. The new law also has put in place what activity is considered fraudulent voting and what the punishment could be, including potential misdemeanor charges.
How Can A Tampa HOA Lawyer Help?
HOAs enforce community rules, maintain common areas, and manage finances. While these organizations serve important functions, disputes between homeowners and HOAs can arise, leading to legal challenges. In these situations, our Tampa HOA lawyer can provide valuable assistance to homeowners. The following are some of the most common legal issues that develop between homeowners and HOAs.
Understanding HOA Governing Documents
HOA governing documents, including the Declaration of Covenants, Conditions, and Restrictions (CC&R), bylaws, and rules and regulations, establish the rights and obligations of homeowners within the community. However, these documents can be complex and contain legal language that may need to be revised for homeowners to interpret.
Our HOA lawyer can help homeowners understand their rights and obligations under these governing documents. By carefully reviewing the CC&R, bylaws, and rules, the lawyer can explain how specific provisions apply to the homeowner’s situation and advise on the best course of action. This clarity empowers homeowners to make informed decisions and assert their rights effectively within the framework of the HOA’s rules.
Handling Disputes With The HOA
Disputes between homeowners and HOAs can arise for various reasons, such as violations of community rules, assessment disputes, or disagreements over architectural changes. When informal negotiations fail to resolve these disputes, homeowners may need to pursue formal legal action.
Our HOA lawyer can represent homeowners in disputes with the HOA, advocating for their interests and seeking resolution through negotiation, mediation, or litigation when necessary. The lawyer can review the facts of the case, assess the strengths and weaknesses of the homeowner’s position, and develop a strategic plan to achieve a favorable outcome. By having legal representation, homeowners can confidently understand the dispute resolution process and ensure their rights are protected.
Challenging HOA Decisions
HOAs have the authority to make decisions that affect homeowners, such as imposing fines, enforcing rules, or approving architectural changes. However, these decisions must be made in accordance with the HOA’s governing documents and applicable law. If homeowners believe an HOA decision is unjust or unlawful, they may have grounds to challenge it.
Our HOA lawyer can review the decision and assess its legality and enforceability. If the decision violates the homeowner’s rights or exceeds the HOA’s authority, the lawyer can help the homeowner challenge it through appropriate legal channels. This may involve filing an appeal, seeking injunctive relief, or pursuing other legal remedies to rectify the situation.
Ensuring Due Process And Fair Treatment
Homeowners have the right to due process and fair treatment in dealings with their HOA. This includes the right to notice of violations, the opportunity to be heard, and access to a fair and impartial dispute resolution process.
Our HOA lawyer can ensure that the HOA respects homeowners’ rights to due process and fair treatment. If the homeowner’s rights are violated or the HOA fails to follow proper procedures, the lawyer can intervene to demand compliance and, if necessary, take legal action to protect the homeowner’s interests. By holding the HOA accountable for its actions, the lawyer helps ensure that homeowners are treated fairly and receive the procedural protections to which they are entitled.
If you are having legal issues with your HOA, contact Perez Mayoral, P.A. to schedule a confidential consultation with our dedicated Tampa HOA lawyer.
