Protecting Your Rights as a Homeowners Association and Condominium Association Member in Florida
HOA lawyer in Tampa provides effective advocacy when disagreements arise
Your home is your castle, the saying goes. But many people living in residential communities find that the homeowner or condominium agreement they signed when purchasing their residence is unduly burdensome or improperly enforced. Befeler Law Firm, P.A. in Tampa provides comprehensive counsel to Florida homeowners who are involved in conflicts with their community association or the association’s governing board.
Understanding homeowners associations and condominium associations
Homeowners associations and condominium associations are groups established within residential communities for sundry purposes. HOA and condo association tasks include the upkeep of common areas and the development and enforcement of neighborhood standards. Many subdivisions and planned communities require home purchasers to agree to HOA and condo association rules. If you live in a house, townhome or condo that is subject to association rules, there might be a situation where you are subject to fines or other sanctions that you believe are not warranted. We help Florida residents push back against improper HOA actions and unfair enforcement of community restrictions and regulations.
Handling HOA and condominium association disputes
While the goal of an HOA or condominium association is to make things better for everyone in the community, disputes frequently arise between governing boards and individual homeowners. Common conflicts involve one of the following allegations:
- Violations of association covenants, conditions and restrictions (CC&Rs), including provisions on home appearance, pets, landscaping, vehicles and holiday decorations
- Construction of unauthorized structures, such as fences, sheds, gazebos, screen cages, carports, pool additions and pergolas
- Misuse of common areas
- Failure to pay required dues and assessments
- Noise or guest violations
- Failure to obtain approval for repairs or improvements from the Architectural Review Committee (ARC) or Architectural Control Committee (ACC)
People make substantial investments in their homes and usually have a strong emotional attachment to where they live. Accordingly, HOA and condo disputes are often heated. Consulting with a lawyer experienced in disputes related to community association governance will give you an informed perspective on your rights and options.
Potential remedies for conflicts over HOA and condo association agreements
Our firm is well versed in the enforcement, review and interpretation of CC&Rs, and we use that knowledge to advocate assertively for clients facing conflicts. We will outline the remedies available under the applicable agreement, as well as the relief you might be able to receive by going to court or mediation. In many cases, presenting a strong argument at the outset makes it easier to negotiate an amicable settlement. This is often a preferable outcome, given that the parties likely will live in close proximity for years to come. Whether you’re seeking monetary damages, a change in governing board policy or the ability to take a certain action in regard to your property, our background in real estate litigation and mediation will benefit you.
Speak with a Tampa attorney about your HOA or condominium association dispute
Befeler Law Firm, P.A. provides advice and advocacy to Florida clients who are engaged in conflicts with their condominium or homeowners association. If you require legal representation or just have a question about your rights, please call 813-489-1040 or contact us online. Our office is in Tampa and we offer virtual appointments by telephone or video conference as well.
