Partner With Graham Legal, P.A., For Your Condominium And Homeowners Legal Concerns

In Florida, condominiums and association neighborhoods are great options for residents of all ages to call home. At Graham Legal, P.A., we understand the unique challenges that condominium and homeowners’ associations face in Coral Gables and throughout the Miami-Dade area.

For over 40 years, we have served as a steadfast legal ally for homeowners’ associations, condominium owners, landlords and property owners, navigating the complex legal landscape that governs their communities and properties. With a foundation rooted in real estate law and litigation, our attorneys are not just advocates; they are your defenders, prepared to stand up for what is right, whether in the courtroom or at the negotiating table.

Understanding Homeowners’ Associations And Condominium Owners Associations In Florida

In Florida, homeowners’ associations (HOAs) and condominium owners’ associations (COAs) play significant roles in the management and upkeep of their respective communities. While both entities share the common goal of maintaining property values and ensuring community standards, they differ in structure and governance. HOAs typically oversee single-family home communities, whereas COAs manage the communal aspects of condominium living. The law delineates specific responsibilities and control mechanisms for each type of association, impacting how changes and upkeep are managed within their communities.

The rights and responsibilities of HOAs and COAs, along with those who live within these communities, are governed by a set of rules that maintain harmony and order. Owners have the power to vote on critical community decisions and bear the responsibility to adhere to the association’s guidelines.

However, disputes are not uncommon, and they can include:

• Disagreements over common area usage
• Conflicts regarding community rule enforcement
• Challenges with dues and assessments
• Disputes over architectural control
• Issues with board governance and elections
• Situations where insurance refuses to cover damages or repairs

When facing legal challenges related to your homeowners’ association or condominium owners’ association, a strong litigation attorney can provide the necessary guidance and representation to protect your interests. Our lawyers at Graham Legal, P.A., are well-versed in the intricacies of real estate law and have the experience to offer sound legal advice, robust defense strategies and a relentless pursuit of justice on your behalf.

Florida HOA Frequently Asked Questions

At Graham Legal, P.A., we have 30 years of experience and a deep understanding of the law. We also fight hard for our clients, and we understand that knowledge is power in any case. If you’re considering one, here are a few of the questions we see most often to get you started.

Is it possible to compromise with a COA/HOA in a dispute?

The vast majority of disputes with a condominium owners association or a homeowners association are resolved without litigation, so compromise is definitely possible. You can improve the odds of a successful resolution if you:

• Review the rules and regulations carefully. Look at the organization’s bylaws, written policies and established precedents. Make sure you fully understand any covenants, conditions and restrictions (CC&Rs) that apply to your situation. You may also find information in the Declaration of Condominium.
• Communicate early and directly. Initiate a conversation, in writing, with the COA/HOA board or management company, and be clear and concise about your concerns. Suggest practical and reasonable solutions to the issue at hand to signal your willingness to compromise.
• Understand due process. You need to follow the proper procedures outlined in your CC&Rs, or the Rules and Regulations of Condominium to resolve disputes. This may include filing formal appeals or complaints, which helps create a paper trail that will document your efforts to resolve the problem.

If you do not make any progress toward a resolution that balances your concerns with the association’s, legal counsel can provide guidance and help you determine your rights.

How can I stop a COA/HOA board member or president who is not abiding by the rules of professional conduct?

Sometimes, COA/HOA board members or presidents abuse their power. You may have legitimate concerns about the misappropriation of funds, harassment, discrimination or the selective enforcement of the rules. In that kind of situation, you should:

• Document the misconduct and gather any available evidence that supports your claim.
• Review the association’s governing documents, including the CC&Rs, so that you understand the specific procedures you are expected to follow.
• Take your concerns to the board and present your case clearly and calmly.

If the board is unresponsive, seek legal guidance and file a formal complaint as outlined in the governing documents. You may need to initiate legal actions to remove the individual in question from their position.

What agency oversees HOAs in Florida?

There is no governmental oversight for Homeowners Associations in Florida. The government does not have an agency that oversees this process. Instead, they just have HOAs register with the state as corporations.

HOAs do have certain responsibilities, and they need to stay in compliance. If not, they could be accused of negligence. Examples of these responsibilities, as noted in Chapter 720 of the Florida Statutes, including setting up the budget, creating financial reports, holding proper meetings and using the funds for the amenities within the HOA. For instance, homeowners may be paying for things like a public swimming pool, trash removal, security and much more.

How do you report HOA negligence in Florida?

If you need to report negligence, you can do it via the Condominium/Cooperative Complaint Form, which should be submitted to the Division of Florida Condominiums, Timeshares and Mobile Homes. You can also make your report through the Department of Business and Professional Regulation. If the HOA is found liable, there could be financial fines or even the loss of a business license. You will need to demonstrate the negligence and go through negotiations after the written complaint.

How can you win against an HOA in Florida?

The more you know about applicable HOA laws, the better. It’s important to do your research and work with an experienced legal team. You may need to collect evidence, such as witness testimony or even video evidence. You may also want to request maintenance records or any other relevant records relating to your case. Finally, you deserve professional representation in court from a legal team that has years of experience and extensive knowledge of local businesses and the local court system.

The Reliable Legal Guidance You Deserve

If you face legal concerns related to condominium or homeowners law, you do not have to navigate these waters alone. Contact Graham Legal, P.A., for a free consultation. With the capability to represent clients virtually and across the entire state of Florida, we are here to ensure that your voice is heard and your rights are upheld. Let us be your legal ally today. Call us at 305-985-6555 or fill out our online contact form to get in touch with us.