Many homes in Florida are governed by homeowners associations (HOA). HOAs typically have rules and bylaws designed to keep a neighborhood in good shape, partially in order to preserve property values.
Yet, in some cases, HOAs go a step beyond what’s considered reasonable or necessary to uphold covenants, conditions and restrictions (CC&R). This can make life miserable for homeowners. If you’re a homeowner who’s being targeted by your HOA, it’s important to know how to make informed decisions about your rights and options.
Know the CC&R terms
One of the first things you’ll want to do is review your CC&R terms to determine exactly what you’re responsible for and what steps can be taken by the HOA to rectify issues if any are present. If you’ve been given a written notice, any term that was violated should be on that notice, so you should have to starting point to help you determine what defect is allegedly present and what you can do to correct it.
Document everything
Keep documentation of everything that happens between you and the HOA. You should also ensure that you keep track of what steps you’ve taken to rectify any concerns. The documentation can include pictures, anything that’s provided in writing, receipts and anything that can show either that the alleged violation didn’t occur or that it was corrected as required.
Take action, if necessary
Some HOAs handle homeowner complaints about unreasonable or unnecessary violation enforcements gracefully and will correct the aggression by an HOA representative quickly. Others aren’t so responsive. It might be necessary to take legal action if your HOA isn’t responsive to your complaints.
Laws in Florida surrounding HOAs can be complex, and they change often. Battling against an HOA that governs certain aspects of what you can do with your own home can be challenging and stressful. Seeking the guidance of a legal representative who can assist with this matter can help you as you stand up for your rights as a homeowner.