Our Naples, FL HOA Lawyer Supports Homeowners
Although HOAs get a bad rap, there’s no denying that a good, well-run HOA tremendously benefits the neighborhood. From helping collective homeowners retain the value of their homes through community maintenance to providing and maintaining private amenities like a pool, park, or clubhouse, homeowner associations have a lot of value. However, not every HOA serves the homeowners as it should. Overly restrictive rules or failure of the HOA to maintain its agreed-upon services (such as landscaping and maintenance of common outdoor spaces) can quickly lead to disputes between one or more neighbors and the HOA. If you’re facing difficulties with your HOA, or if its actions have impacted your enjoyment of your home or its value, contact our Naples, FL HOA lawyer.
Our attorneys focus on how Florida real estate laws govern the operations of homeowners’ associations and condo owners’ associations. We represent home and condo owners, and prospective buyers, in disputes and litigation. At Perez Mayoral, P.A., we help owners assert their property rights. Contact us today for a personalized consultation.
Our lawyers are professional problem-solvers. We review the core of your HOA dispute or concern and explain the legal avenues available for you to take action. Often, we can mediate a solution between the parties. As trained, neutral mediators, we can help each party appreciate the other’s viewpoint, find common ground, and work toward a practical solution that benefits everyone.
However, should we be unable to resolve the issue through mediation or, if your HOA bylaws call for it, arbitration, then we’re fully prepared to take your case to court. We draw on our many years of experience litigating property owner claims and deep knowledge of Florida statutes covering HOA operations to build a strong case supporting your claim. And, if you suffered financial losses or other damages due to the HOA’s action (or inaction in addressing issues it should), then we demand full replenishment.
Our firm can act as your primary representative with the other party, helping you maintain a more cordial neighbor relationship. We start by sending them our Notice of Representation. We handle all communications regarding the matter and advocate for your position in court and outside of it.
Our attorneys regularly work with homeowners like you, to resolve many common issues that arise in the relationship, including:
- Harassment and discrimination
- Election fraud
- Selective enforcement
- CC&R violations
- Neighbor disputes
- Common area disputes
- Failure to repair
- Negligence
- Solar disputes
And much more. Even if you don’t see your issue on this list, whether it concerns neighbor relationships or problems with the HOA, we can help.
Are You Having Problems With Your HOA?
Many neighbor and HOA disputes can be resolved out of court through professional mediation. The attorneys at Perez Mayoral, P.A., have decades of combined experience effectively resolving disputes between homeowners and their HOAs or between neighbors. Contact us today for a consultation with our Naples HOA lawyer.
Homeowners’ associations (HOAs) often have regulations about how properties can look and what modifications are allowed, as our Naples, FL HOA lawyer will tell you. When it comes to installing solar panels, these rules can create conflict between homeowners and the HOA. While many states have laws protecting a homeowner’s right to use solar energy, HOA restrictions can still lead to disputes. Knowing how to handle these conflicts can help protect your investment and your property rights. Give us a call; we offer 24/7 live call answering.
State Laws Protecting Solar Panel Installation
Many states have laws that give homeowners the right to install solar panels on their property, even when an HOA objects. These laws are designed to promote renewable energy use and reduce reliance on traditional power sources. However, HOAs often try to impose rules on the size, placement, or appearance of solar panels. In some cases, these restrictions go beyond what is legally allowed. If your state has solar access laws, your HOA may not have the authority to prevent you from installing solar panels altogether, but they may still have some control over the details of the installation. If you feel your HOA is harassing you, it is crucial to speak with a lawyer.
Florida Law Protecting Your Right To Solar Panels
Homeowners in Naples, FL are protected by state law when it comes to installing solar panels—even when the HOA pushes back. According to Florida Statute 163.04, an HOA, condominium association, or any other governing body cannot prohibit or effectively prohibit the installation of solar collectors or other renewable energy devices on residential properties.
As our HOA lawyer in Naples, FL can explain, while your HOA may try to restrict solar panel placement based on aesthetic guidelines, the law only allows such restrictions if they do not impair the effective operation of your solar energy system. For example, an HOA may suggest a different roof location—but only if that location still allows your solar panels to operate efficiently. If the HOA’s restrictions reduce energy production or increase costs unnecessarily, they may be violating the law.
Additionally, if you have to go to court to enforce your rights under this law, the statute provides that the prevailing party is entitled to recover attorney’s fees and costs. This gives homeowners a powerful tool when standing up to overly aggressive HOAs.
Florida enacted this law to encourage the use of renewable energy and protect property owners from being priced out of homeownership due to unreasonable restrictions. If your HOA is trying to block your solar panel installation, contact our Naples HOA lawyer for a consultation. We’ll help you determine whether the HOA’s actions are legal and what steps you can take to protect your right to go solar.
Common HOA Restrictions On Solar Use
Our Naples HOA lawyer knows that HOAs often regulate the placement and visibility of solar panels to maintain the neighborhood’s appearance. They may require that panels be installed on the side or rear of the home instead of the front, or they may impose size limitations. Some HOAs also try to limit the type of panels that can be used based on color or design. While some of these restrictions are allowed under state law, others may overstep the HOA’s authority. If the restrictions interfere with the efficiency or performance of your solar system, you may have grounds to challenge them. If you feel that your HOA is selectively enforcing rules selectively, call our office.
How To Handle HOA Objections To Solar Panels
If your HOA objects to your solar panel installation, the first step is to review the association’s governing documents. The rules about solar panels may be outlined in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) or other HOA guidelines. It’s important to understand what the rules say and whether they align with state law. If the HOA’s rules conflict with state protections for solar energy, you can challenge their decision by pointing out the legal conflict.
It’s also helpful to communicate directly with the HOA board. Sometimes disputes can be resolved through a conversation or by providing additional information about the solar panel system. If the board remains unwilling to cooperate, submitting a written response and asking for a formal review of the decision can help strengthen your position.
Legal Options If The HOA Blocks Solar Panel Installation
If your HOA refuses to approve your solar panel installation or imposes unreasonable restrictions, you may have legal options. State laws protecting solar energy use can override HOA rules in certain situations. Filing a formal complaint with the state or seeking a court order to allow the installation may be necessary if the HOA continues to resist. An attorney familiar with HOA disputes and solar access laws can help you build a strong case and protect your rights.
Get Help With Your HOA Solar Panel Dispute
Disputes over solar panel use with an HOA can be frustrating, but you don’t have to handle it alone. At Perez Mayoral, P.A., we have experience helping homeowners resolve conflicts with HOAs and protect their right to install solar energy systems. We believe in providing “big firm results” for each of our clients, no matter how big or small. Contact our Naples HOA lawyer today to discuss your situation and find out how we can help you move forward.
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Perez Mayoral, P.A. combines the powerful and diversified services of a large law firm with the personal attention of a boutique practice. Get in touch with us for a consultation? Whatever your legal problem, we will be happy to discuss your options and provide you with the professional help you need.
