Understanding Your Rights Under Florida Law
At Perez Mayoral, P.A., we regularly receive questions from frustrated homeowners about their legal options when community associations fail to enforce their own rules. As Florida’s dedicated community association attorneys, we provide this comprehensive guide to help you understand your rights. If you have specific questions about your situation, please contact our team at www.pmlawfla.com, call us at 1-800-777-1305, or email [email protected] for personalized legal advice.
Florida law provides robust legal frameworks that empower homeowners to hold their community associations accountable when they fail to fulfill their obligations. Both Chapter 718 (the Condominium Act) and Chapter 720 (governing homeowners associations) establish clear statutory rights for property owners to seek judicial intervention, including injunctive relief, when associations fail to enforce their governing documents.
Florida Condominium Owners’ Rights (Chapter 718)
The Florida Condominium Act creates specific legal mechanisms for unit owners to ensure their associations comply with their statutory duties and contractual obligations.
Statutory Authority To Sue For Injunctive Relief
Section 718.303(1), Florida Statutes, explicitly authorizes condominium unit owners to seek injunctive relief when their association fails to comply with its obligations. As confirmed in Mitchell v. Beach Club of Hallandale Condo. Ass’n, 17 So. 3d 1265, 1267 (Fla. 4th DCA 2009), this statute “permits a unit owner to seek injunctive relief for failure of a condominium association to comply with its rules or the Condominium Act.”
Violation Itself Constitutes Sufficient Harm
Florida courts have established an important principle: when seeking injunctive relief against a condominium association, you do not need to prove traditional elements of irreparable harm. The Mitchell court clarified that “an alleged violation of chapter 718 is itself a harm for which section 718.303 authorizes injunctive relief,” citing Hobbs v. Weinkauf, 940 So. 2d 1151, 1153 (Fla. 2d DCA 2006). This significantly eases the burden on unit owners seeking to compel their association to follow the law.
Legal Action Against Various Parties
Under Section 718.303, unit owners may bring actions against:
- The association itself
- Individual unit owners
- Directors designated by the developer (for actions before unit owner control)
- Any director who willfully and knowingly fails to comply with statutory provisions
Attorney’s Fees Recovery
A crucial aspect of Chapter 718 is the attorney’s fees provision. The prevailing party in litigation is entitled to recover reasonable attorney’s fees, which helps level the playing field between individual owners and their associations. Additionally, a unit owner who prevails can recover their proportionate share of any assessments levied by the association to fund its litigation expenses.
Florida HOA Homeowners’ Rights (Chapter 720)
Chapter 720 provides similar, though not identical, rights to homeowners in HOA communities.
Broad Authority To Sue At Law Or Equity
Section 720.305(1)(a), Florida Statutes, provides expansive rights for homeowners to bring legal action against their associations. As confirmed in Pirman v. S. Pointe of Tampa Homeowners Ass’n, 370 So. 3d 701, 702-03 (Fla. 2d DCA 2023), this statute “allows association members to sue an association ‘at law or in equity, or both,’ to redress an association’s alleged failure to comply with the community’s governing documents.”
The Pirman court cited Roebuck v. Sills, 306 So. 3d 374, 379 (Fla. 1st DCA 2020), which interpreted the related subsection concerning member-to-member disputes as allowing “both legal and equitable relief, without limitation, to enforce covenants.” The court also referenced Rosenberg v. MetroWest Master Ass’n, 116 So. 3d 641, 644 (Fla. 5th DCA 2013), acknowledging that “section 720.305(1) expands a member’s rights to sue an association for violations of chapter 720.”
Available Defendants In HOA Litigation
Under Section 720.305, actions may be brought against:
- The association
- Individual members
- Directors or officers who willfully and knowingly fail to comply with regulations
- Tenants, guests, or invitees occupying a parcel or using common areas
Attorney’s Fees And Cost Recovery
Similar to the Condominium Act, Section 720.305 provides that the prevailing party in litigation is entitled to recover reasonable attorney’s fees and costs. Additionally, a member who prevails against the association may recover additional amounts to reimburse their share of any assessments levied to fund the association’s litigation expenses. This important provision helps ensure that homeowners are not financially disadvantaged when enforcing their rights.
Practical Considerations When Seeking Injunctive Relief
When pursuing an injunction to compel your association to enforce its governing documents, consider these strategic approaches:
1. Document The Violations
Even though Florida law recognizes statutory violations as sufficient harm for injunctive relief, courts still require evidence of:
- Specific provisions being violated
- Clear documentation of violations
- Evidence the association was aware of and failed to address the issues
2. Focus On Statutory Requirements
Your complaint should emphasize the specific statutory provisions that authorize injunctive relief:
- For condominiums, cite Section 718.303(1) and relevant case law like Mitchell v. Beach Club
- For HOAs, cite Section 720.305(1)(a) and cases like Pirman v. S. Pointe
- Highlight that the statutory violation itself constitutes sufficient harm
3. Pre-Suit Requirements
Be mindful of statutory pre-suit requirements:
- Condominiums may require mandatory non-binding arbitration for certain disputes
- HOAs typically require pre-suit mediation
- Failure to comply with these requirements can result in case dismissal and potentially an obligation to pay the association’s attorney’s fees as the non-prevailing party
4. Attorney’s Fees Strategy
The attorney’s fees provisions in both Chapter 718 and Chapter 720 create important leverage:
- Document all legal expenses thoroughly
- In settlement negotiations, emphasize the association’s potential liability for your fees
- If assessments were levied to fund the association’s defense, track these for potential recovery
Recent Legal Developments
Florida courts have continued to strengthen homeowner rights through several key decisions:
- The recognition that violations of statutory provisions themselves constitute sufficient harm for injunctive relief (Mitchell v. Beach Club)
- The expansion of member rights to sue associations under Chapter 720 (Rosenberg v. MetroWest Master Ass’n)
- The clarification that both legal and equitable remedies are available to enforce covenants (Roebuck v. Sills)
- Additional decisions addressing selective enforcement issues and the scope of association discretion
Comparing Rights Under Chapters 718 and 720
While both statutory frameworks provide significant rights to homeowners, there are important distinctions:
- Standard for Injunctive Relief: Chapter 718 explicitly recognizes statutory violations as sufficient harm, whereas Chapter 720 cases rely more on traditional equitable principles.
- Pre-Suit Requirements: Different dispute resolution mechanisms apply to condominiums versus HOAs.
- Regulatory Oversight: Condominiums generally face more regulatory oversight than HOAs.
- Scope of Authority: The specific obligations and enforcement powers may differ between the two types of associations.
Florida law provides robust statutory frameworks that empower homeowners to hold their community associations accountable through injunctive relief. As confirmed by cases like Mitchell v. Beach Club and Pirman v. S. Pointe, both condominium owners under Chapter 718 and HOA members under Chapter 720 have explicit rights to sue their associations for failing to comply with governing documents.
These legal rights are reinforced by attorney’s fees provisions that help level the playing field between individual homeowners and their associations. While pursuing litigation should generally be considered a last resort, it remains an important and legally supported remedy when associations fail to fulfill their obligations.
At Perez Mayoral, P.A., we understand the nuances of Florida’s community association laws and can help you navigate the process of seeking injunctive relief to enforce your rights as a homeowner or condominium owner. Our experienced team can guide you through the statutory requirements, pre-suit procedures, and litigation strategy necessary to achieve compliance with your community’s governing documents. For a consultation about your specific situation, please visit our website at www.pmlawfla.com, call us at 1-800-777-1305, or email us at [email protected].
DISCLAIMER
This article is for general information only and does not constitute legal advice. No attorney-client relationship is created by reading or responding to this content. Laws change frequently, and this information may not reflect current legal developments.
Every case is unique. Past results do not guarantee similar outcomes. Before taking any action based on this information, consult with a qualified Florida condominium act lawyer who can review your specific situation.
