How Florida Law Protects Condo Owners from Board Abuse of Power
Florida law protects condominium and HOA owners from board abuse of power through multiple overlapping mechanisms. The officers and directors of an association owe a fiduciary duty to the members they serve, enforceable in court. Homeowners can bring legal actions under Section 718.303 or Section 720.305 to compel compliance with governing documents...
When Florida Non-Competes Are Enforceable
Florida has some of the most business-friendly non-compete laws in the country. But that does not mean every agreement signed by an employee or business partner will automatically hold up in court. There are specific requirements that must be met, and courts examine them carefully before granting any enforcement.
Under Florida Statute...
Can Your Condo Association Force You to Pay for Someone Else’s Damage?
In most cases, yes — a Florida condominium association can require all unit owners to contribute to the cost of damage through a shared deductible or special assessment, even if the damage was caused by one owner’s actions. Section 718.111(11)(j), Florida Statutes, provides that the insurance deductible for insurable events is a...
What to Do When Your Florida HOA Fails to Maintain Common Areas
When a Florida HOA fails to maintain common areas, homeowners have the right to compel compliance through legal action. The HOA’s maintenance obligations are defined in the declaration of covenants and the association’s governing documents. Section 720.305(1), Florida Statutes, provides that an action at law or in equity may be brought to...
Erik Perez Travels to Tallahassee to Testify in Support of HB 657, a Major Florida HOA Reform Bill
Florida homeowners living in communities governed by homeowners associations (HOAs) may soon see significant changes to the laws that regulate how these associations operate. One of the most closely watched pieces of legislation is House Bill 657 (HB 657), a proposed reform bill that seeks to address concerns about HOA governance, transparency,...
Business Fraud Claims Under Florida Law: What a Business Litigation Lawyer Must Prove
Business fraud cases are not won with outrage. They are won with proof. If you believe a vendor, partner, buyer, or competitor lied to get your money, your confidential information, or your signature, you still must build a claim that meets Florida’s legal elements and survives the defenses that show up in...
What Happens When a Florida Condo Association Refuses to Make Repairs?
When a Florida condominium association refuses to make repairs to common elements, it is violating a statutory duty imposed by Section 718.113(1) of the Florida Condominium Act. Homeowners have the right to take legal action — including seeking a court order (injunction) forcing the association to act — under Section 718.303(1), Florida...
When Business Negotiations Turn Into Lawsuits: A Florida Business Litigation Lawyer Explains Why
Negotiations usually start with optimism. Then the terms shift, someone walks back what was “agreed,” or one side uses what it learned during talks to protect itself or compete.
Perez Mayoral, P.A. represents businesses and individuals across Florida in state and federal courts. When negotiations break down, a Naples, FL business litigation...
Who Is Responsible for a Pipe Leak in a Florida Condominium?
In Florida, responsibility for a pipe leak in a condominium depends on whether the pipe is a common element or part of an individual unit. Pipes that serve multiple units or run through shared spaces such as walls, ceilings, and floors between units are generally common elements, and the condominium association is...
When an HOA Targets a Homeowner: Legal Remedies Explained by a Florida HOA Lawyer
Most homeowners can handle a rule reminder or a normal violation notice. What crosses the line is when the HOA singles you out and turns routine enforcement into a pressure campaign. That can look like nonstop letters, selective violation notices, escalating fines, threats of liens, denial of approvals, or board meetings where...