Homeowners Association

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.

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Silvino Diaz

Silvino E. Diaz’s practice ranges from Civil and Commercial Litigation to Entertainment and Intellectual Property Law. Silvino has earned a reputation as one of Puerto Rico’s foremost advocates for independent musicians and artists. As a result of his sustained commitment to creative industries, he was named Professor of Intellectual Property Law at Atlantic University College (Guaynabo, PR) – the Caribbean’s leading digital arts institution – where he spearheaded the “Introduction to IP” course for both the graduate and undergraduate programs, and was appointed by the Office of the President to develop an Intellectual Property graduate curriculum, where he served until moving to Miami in 2017. He is the founder of the service known as Starving Artists, where he offers innovative business and legal counsel for artists and creatives.


*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.

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