Homeowner Associations are subject to the rules and regulations under Florida Statutes Chapter § 720. Chapter § 720 delegates the association’s power, rules and duties, sets forth dispute resolution mechanisms, and owner improvements, rights and privileges. A homeowner or condominium owner may sue his/her respective association on claims that are not subject to mandatory arbitration; pursuant to Chapter § 720, only election and recall disputes are subject to mandatory arbitration.
What can I sue my Association for?
The association’s board members have a duty to act in the best interest of the members of the association and enforce the covenants, conditions, and restrictions set forth in the bylaws of the association. Common claims that homeowners or condominium owners can sue his/her association for are breach of fiduciary duty, breach of covenants, breach of contract, negligence, misappropriation of funds, harassment, discrimination, and embezzlement, theft, or fraud.
I am Being Targeted by my Homeowner Association in South Florida, what can I do?
If you believe you are being targeted by your homeowner or condominium association, you should seek representation from a business lawyer. When a home or condominium owner feels the rules are not enforced equally, if at all, the owner may bring forth a selective enforcement claim. Selective enforcement is an affirmative defense that asserts the rules are being enforced unequally and intentionally. To prove this claim, the owner must show a direct comparison that indicates all examples of selective enforcement in the association, identify all the unit owners that are affected and how long this violation has been occurring, and indicate whether the board knew of the existence of any of these violations. If covenants have been enforced in an arbitrary and capricious manner, or the association has unfairly chosen to enforce the covenant against one or several owners and not to all owners that are in a similarly situated manner, then there is a viable claim.