Homeowners’ associations (HOAs) are common across Florida, especially in planned communities, condominiums, and subdivisions. These organizations are meant to maintain property values and ensure neighborhood standards. But sometimes, conflict arises between a homeowner and the HOA over how rules are enforced or what the governing documents require. These disagreements can escalate into legal disputes, fines, or even foreclosure in serious cases.
Whether you’re a homeowner or serve on an HOA board, understanding common sources of contract disputes and how to resolve them can save time, stress, and money. This article walks through the types of HOA disagreements that often come up in Florida and the practical options for addressing them.
Understanding HOA Agreements and Authority
When you buy a property in a community governed by an HOA, you agree to follow a set of rules. These are usually outlined in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), along with the association’s bylaws and other governing documents. Florida law gives HOAs the authority to enforce these rules, collect dues, and impose penalties. However, this authority is not unlimited.
HOAs must operate within the bounds of their documents and Florida statutes, such as Chapter 720 of the Florida Statutes for homeowners’ associations or Chapter 718 for condominiums. Disputes often arise when there is disagreement over how those rules are applied.
Frequent Sources of Conflict Between Homeowners and HOAs
Maintenance Responsibilities
One common dispute involves who is responsible for maintaining certain areas of a property. This is especially frequent in condo associations where shared elements like roofs, exterior walls, or plumbing systems serve multiple units.
A homeowner may argue the HOA is responsible, while the association may claim the responsibility lies with the individual owner. These disagreements can become costly if repairs are needed and neither party wants to pay.
Alleged Violations of Community Rules
Another regular source of tension is enforcement of the rules. A homeowner might be cited for violating guidelines related to landscaping, exterior paint color, fencing, or parking. Sometimes, the rule may not be clearly defined, or enforcement may seem selective or inconsistent.
If a homeowner feels targeted or believes the HOA is acting unfairly, it can lead to accusations of overreach or even legal action.
Assessment Disputes
Homeowners pay dues or assessments to cover the costs of maintaining shared areas and services. Occasionally, special assessments are issued for unexpected expenses, like storm damage or repairs to shared infrastructure.
A dispute may arise if a homeowner believes the assessment is unjustified or improperly calculated. This is more likely in cases where financial transparency is lacking or the homeowner questions how funds are being used.
Architectural Approval Issues
Many associations require approval before homeowners can make changes to their property, such as building a patio, replacing a roof, or installing solar panels. Disputes happen when the HOA denies the request or fails to respond in a reasonable timeframe.
Owners may feel the rejection is arbitrary or inconsistent with approvals given to other residents. These disagreements can slow down home improvements or result in fines if work is started without approval.
Access to Records and Meetings
Florida law requires that HOAs provide access to certain records and conduct meetings with notice to all members. Problems arise when boards fail to share records, conduct business behind closed doors, or ignore open meeting requirements.
Homeowners who feel shut out of decisions may become frustrated and pursue legal action if they believe the board is violating its duties.
How to Resolve Disputes Without Litigation
Not every disagreement needs to end in court. There are several ways to address HOA contract disputes while avoiding costly and drawn-out legal battles.
Review the Governing Documents Carefully
Start by reading the CC&Rs, bylaws, and any relevant rules or regulations. These documents outline the rights and responsibilities of both the HOA and the homeowners. Many disputes come from misunderstandings or misinterpretations.
If you’re unsure how to interpret something, a real estate attorney can provide clarity and advise on whether the HOA is acting within its authority.
Communicate in Writing
If you believe the HOA has made a mistake or is being unfair, write a formal letter explaining your position. Be respectful and include any supporting documents. Keep a copy for your records.
Clear, written communication often helps resolve smaller issues without escalation. It also creates a paper trail if the situation worsens.
Attend HOA Meetings
Participating in association meetings can be useful. You can raise concerns directly with board members and understand how decisions are being made. These meetings are also an opportunity to propose changes to rules or enforcement practices.
Staying informed may help reduce future misunderstandings and improve relationships with board members.
Use Mediation or Arbitration
In Florida, many HOA disputes can be handled through mediation or arbitration rather than through the courts. Mediation involves a neutral third party helping both sides reach a compromise. Arbitration is more formal but still faster and cheaper than a lawsuit.
These options are especially useful for conflicts over assessments, rule enforcement, or architectural changes. Florida law even requires pre-suit mediation in certain HOA cases before going to court.
Consult a Real Estate Attorney
If you’ve tried to resolve the matter and are not getting anywhere, or if the HOA has filed a lien or lawsuit, it’s time to talk to a lawyer. An attorney can review the documents, determine if the HOA has violated any laws, and represent your interests in negotiations or court.
Legal counsel is particularly important in complex situations like:
- Disputes involving large assessments
- Accusations of selective enforcement
- Threats of foreclosure
- Disagreements about maintenance obligations
When Litigation Becomes Necessary
Sometimes, court is the only way to resolve a serious dispute. If the HOA is acting beyond its authority or violating your rights as a homeowner, filing a lawsuit may be the right step. Likewise, associations may need to take legal action against homeowners who repeatedly ignore rules or refuse to pay assessments.
Litigation should be the last resort, but in some cases, it’s necessary to protect your property or enforce your legal rights.
Conclusion
Living in a Florida community with an HOA comes with both benefits and challenges. When conflicts arise, the key is to approach them with a clear understanding of the rules, a willingness to communicate, and a focus on resolution rather than conflict.
Knowing your rights under Florida law and your community’s governing documents can help you avoid costly mistakes. And when things become complicated, speaking with a real estate attorney can provide the guidance you need to find the right path forward.