Homeowners’ associations (HOAs) play a big role in many Florida neighborhoods. They help maintain common areas, enforce community rules, and collect fees from residents to fund services. While these associations offer benefits, disagreements can arise, especially when it comes to fees and special assessments. For homeowners, it’s important to understand how to address these disputes without making costly legal mistakes.
Common Reasons for HOA Fee Disputes
Disputes usually begin with a notice. You might receive a bill or letter saying you owe a certain amount. In some cases, the charges might seem too high or come as a surprise. Here are some of the most common triggers for disagreements:
- Unexplained fee increases
- Unexpected special assessments for repairs or upgrades
- Late fees or interest that seem excessive
- Charges you weren’t informed about in advance
- Disagreements over services not being provided
- Billing errors or misapplied payments
Any of these can lead a homeowner to question whether the HOA is acting within its authority.
What Gives an HOA the Right to Collect Fees?
HOAs operate under a legal framework. In Florida, homeowner associations are governed by Chapter 720 of the Florida Statutes. This law gives associations the ability to enforce rules and collect fees, but it also sets limits on what they can do.
Your HOA’s authority should also be outlined in the governing documents. These include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. These documents define the community’s obligations and spell out how fees and assessments are to be handled.
If you’re in a dispute, these documents are the first place to start. You’ll want to review them to see if the charges match the procedures laid out.
Are There Limits on What an HOA Can Charge?
Yes, there are limits. While HOAs do have the power to impose assessments, they must follow proper procedures. For example:
- Notice must be given before a special assessment is imposed.
- Increases may require member approval, depending on the terms in the CC&Rs.
- Charges must be reasonable and connected to legitimate community expenses.
- Late fees and interest must stay within state-regulated limits. Florida law currently caps late fees at $25 or 5% of the past-due amount, whichever is greater.
If your HOA failed to follow these steps, their charges could be challenged.
What Steps Should You Take If You Disagree with a Charge?
If you’re facing a fee you believe is unjustified, take the following steps:
- Get everything in writing
Request a detailed breakdown of the charge. Ask for copies of meeting minutes or notices if the fee relates to a special assessment. - Review the governing documents
Look for any language related to how assessments are supposed to be approved, calculated, and collected. - Communicate with the HOA board or management company
Reach out with a calm, written request for clarification. Sometimes disputes can be resolved quickly through clear communication. - Document everything
Keep records of your payments, letters, and any communication with the HOA. This documentation is key if the matter escalates. - Seek legal advice
If you’re getting nowhere or facing legal threats, consult with a real estate attorney familiar with Florida HOA law. An attorney can help you understand your rights and negotiate with the association.
Can an HOA Place a Lien or Foreclose Over Fees?
Yes. Under Florida law, if a homeowner is behind on assessments, the HOA has the right to place a lien on the property. If the debt isn’t resolved, the association may even begin foreclosure proceedings.
However, strict legal steps must be followed. The HOA must send a Notice of Intent to Lien and a Notice of Intent to Foreclose within certain timeframes. You also have the right to challenge the lien or settle the amount before it escalates.
Ignoring notices or refusing to pay without taking legal action can put your home at risk. That’s why it’s critical to act quickly if you’re in a dispute.
Mediation and Alternative Dispute Resolution
Florida law encourages homeowners and HOAs to resolve conflicts without heading straight to court. Before filing a lawsuit, parties may need to go through mandatory pre-suit mediation. This is a structured negotiation session led by a neutral third party.
Mediation is often faster and less expensive than a court case. It can also preserve relationships within your community. If mediation fails, then you can consider legal action.
When to Contact a Real Estate Attorney
Not every disagreement requires a lawyer, but some situations call for legal support. You should speak to an attorney if:
- You’re being threatened with a lien or foreclosure
- You believe the HOA is violating state law
- You’ve exhausted communication and mediation attempts
- The amount in dispute is significant
- You need help interpreting complex governing documents
A Florida real estate lawyer can review your case, identify violations, and represent your interests in negotiations or court.
Conclusion
Disputes with your HOA over fees or assessments can feel overwhelming, but you do have rights. The key is to stay informed, act quickly, and approach the situation with a clear plan. Reviewing the governing documents, keeping records, and consulting with an attorney when necessary can help protect your home and financial future.
If you’re currently facing a disagreement with your HOA in Florida, consider speaking with a real estate lawyer who understands the state’s HOA laws and can guide you toward a resolution.