How do I sue my HOA in Florida?

How do I sue my HOA in Florida?

In most cases, homeowners cannot simply sue their HOA. Florida state law generally requires disputes involving property owners and HOAs to move forward through the dispute resolution process. Instead of beginning with traditional litigation, this generally requires the homeowner to seek a resolution through mediation.

Can you sue your homeowners association?

A homeowner has the right to sue the HOA for breach of its fiduciary duties. To fulfill these duties, the HOA must exercise ordinary care, in a reasonable and good faith manner, in the performance of its duties. A homeowner might also sue an individual board member for breach of fiduciary duty.

How do I file a complaint against an HOA in Florida?

You may file a written complaint with the Division of Florida Condominiums, Timeshares, and Mobile Homes. To request a Condominium/Cooperative Complaint Form (PDF), you may call 1.800. 226.9101 (from within Florida only) or 850.488. 1122, or download a printable copy from this page.

Who governs HOAs in Florida?

The Florida Homeowners’ Association Act (HAA), Fla. Stat. §720.301, et. seq., governs the formation, management, powers, and operation of HOAs in Florida.

How do you fight an HOA?

Among the steps you can take are to request a variance (an exception to the rule they have promulgated and are trying to enforce against you), file a grievance, request a hearing, correspond with your Board and Property Management Company, or pay the fine or pay to take the action they are requiring you to take and …

Who regulates HOAs in Florida?

Do you need a lawyer for a Florida Hoa dispute?

Because the ultimate stakes are high, you may be best served by hiring a knowledgeable real estate lawyer rather than seeking dispute resolution through the Florida Department of Business and Professional Regulation (DBPR).

Who are the best real estate attorneys in Florida?

You can trust our trial-proven real estate attorneys, led by Justin R. Clark, to calmly and thoroughly assess your situation with your goals and best interests constantly in view. Florida condominium, community and homeowner’s associations are often “mini-governments” with a lot of power — but that power is not unlimited.

Can a personality conflict lead to a Hoa dispute?

As with other governing and regulatory bodies, it can be important to remember that people, with distinct personalities, ultimately make decisions. We know that an HOA dispute may arise from personality conflict as well as a real issue over fees or adherence to policies.