Disputes between homeowners and homeowners’ associations (HOAs) are more common than many people realize. In Florida, where gated communities, condos, and subdivisions are widespread, these conflicts can arise over everything from landscaping rules to major renovation projects. When contracts or covenants are involved, resolving disagreements quickly and legally becomes even more important.
If you’re facing a disagreement over an HOA contract, it’s important to understand your rights and the proper way to approach the situation. Taking the right steps can help prevent the problem from escalating and protect your interests as a homeowner.
Understand the Basis of the Dispute
The first step in handling any contract-related dispute with your HOA is identifying the exact source of the conflict. Some common issues include:
- Disagreements over architectural changes or modifications
- Disputes regarding maintenance responsibilities
- Violations of HOA rules and covenants
- Issues with HOA assessments or fees
- Conflicts involving enforcement of HOA penalties
These disputes often stem from misunderstandings about what the contract says or how it’s being interpreted. Carefully review the association’s governing documents—this includes the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and any rules or amendments. Look for the specific clause being referenced by the HOA and determine whether it applies to your situation.
Document Everything from the Start
When you believe there’s a potential disagreement with your HOA, it’s smart to start documenting everything right away. This includes copies of correspondence, meeting notices, written notices from the HOA, and photos or videos that support your case.
Keeping a written timeline of events can also be helpful if the dispute drags out or becomes more formal. In any legal matter, strong documentation strengthens your position.
Communicate Clearly with the HOA
Open communication can often resolve a dispute before it turns into a full-blown legal issue. If you’re comfortable, reach out to your HOA board or property manager in writing. Ask for clarification or express your concern in a respectful, non-confrontational tone.
If possible, attend a board meeting and ask for the issue to be added to the agenda. Public forums give you the chance to explain your position and hear the HOA’s side. In many cases, board members may be willing to negotiate or re-examine the situation if they feel it was a simple misunderstanding.
Use Florida’s Mandatory Pre-Suit Mediation
Florida law requires mediation for certain types of HOA disputes before filing a lawsuit. Under Florida Statutes Section 720.311, pre-suit mediation is required for disputes involving:
- Use of or changes to property
- Covenant enforcement
- Maintenance obligations
- Amendments to governing documents
Either party can initiate mediation. This process involves a neutral third party helping both sides come to a voluntary agreement. Mediation is typically faster and more cost-effective than litigation. It also gives both the homeowner and HOA a chance to express their concerns openly and work toward a solution that works for everyone.
If mediation is unsuccessful, you’ll receive a written notice allowing the matter to move forward to court if necessary.
Know When to Seek Legal Help
While many HOA disputes can be resolved through communication or mediation, others require professional legal help. If the HOA is threatening to fine you, place a lien on your home, or take legal action, it’s time to speak with a real estate attorney.
An experienced Florida attorney can help you:
- Interpret the language in your HOA contract
- Review your rights and responsibilities as a homeowner
- Represent you in mediation or arbitration
- File a lawsuit if necessary
A lawyer can also review the HOA’s actions for any procedural mistakes or violations of Florida law. In some cases, the HOA may not be properly following its own rules, which can work in your favor.
Be Aware of Time Limits
Florida law imposes specific timeframes for legal actions related to HOA disputes. For example, if you’re challenging an HOA fine, the association must give you at least 14 days’ notice before a hearing. If the matter goes to court, there may be additional deadlines to respond or file documents.
Missing these deadlines can seriously harm your case. That’s why it’s important to act promptly once you’re aware of the dispute.
Understand the Role of Arbitration
In addition to mediation, arbitration is another option that may be used in HOA contract disputes. Unlike mediation, arbitration leads to a binding decision made by a neutral arbitrator. This process is typically less formal than court but more structured than mediation.
Depending on the nature of your dispute, arbitration may be required before pursuing litigation. Your attorney can help you determine whether arbitration is necessary and how to prepare for it.
Protect Yourself Before a Dispute Arises
One of the best ways to handle HOA contract disputes is to avoid them in the first place. Before buying a property governed by an HOA, review all governing documents carefully. Look for rules about:
- Modifications to your home
- Parking restrictions
- Pet policies
- Landscaping requirements
- Fines and assessments
Knowing what you’re agreeing to can prevent unpleasant surprises later on. If you’re unsure about what certain clauses mean, consider having a real estate attorney review the documents before you close on the property.
Conclusion
Handling a contract dispute with a Florida HOA requires a thoughtful and informed approach. Start by understanding the issue, documenting your case, and trying to resolve the matter through communication or mediation. If things escalate, don’t hesitate to involve a real estate lawyer who can protect your rights and guide you through the legal process.
Taking early action can make all the difference in resolving a dispute quickly and with minimal stress.