What is an HOA and what authority does an HOA have?
An HOA is a Homeowners Association, similar to a COA or Condo Association. These organizations have legal authority to create and enforce rules within their communities.
What are common causes of action for filing a lawsuit against an HOA in Florida?
When an HOA fails to fulfill its contractual obligations then there are grounds for a lawsuit. Examples include not maintaining common areas or not providing necessary services. Homeowners can also sue for discrimination if the HOA is discriminating against a resident based on race, ethnicity, religion, gender, disability, or some other protected status. Discrimination is a violation of both federal and state housing laws. If the HOA creates a nuisance, homeowners can sue if it is interfering with their enjoyment of their property. A nuisance could be excessive noise, odor, light, or a different disturbance. Homeowners can also sue for breach of fiduciary duty if the housing association’s board members are not acting in the best interest of the association and its members. Finally, if the HOA does not maintain the common areas or provide adequate security then they can be subject to a negligence suit if someone is injured or there is some kind of property damage.
What are some steps to consider prior to filing a lawsuit against the housing association in florida?
The first step when considering filing a lawsuit against an HOA is to review the governing documents, such as the bylaws, declaration of covenants, and conditions and restrictions. It is important to find any provisions relevant to the case or issue. Second, gather evidence to support the claim including photos, videos, emails, and any other correspondence with the HOA. Document the issue with a detailed record including dates, times, and specific incidents that have occurred. Documentation and evidence are important for building a strong case and showing a pattern of behavior. Owners should attempt to resolve the issue with the HOA before filing suit, either by writing a letter, attending a board meeting, or hiring an attorney to negotiate. Sometimes HOA issues can be resolved through alternative dispute resolution such as mediation or arbitration. Consult with an attorney to understand the options available to resolve the issue.
