Orlando HOA Litigation Attorneys -- Resolving Homeowners Association Disputes

Common Types of HOA Disputes We Handle

HOA disputes come in many forms, and the legal approach to each depends on the specific provisions of the association's governing documents, Florida's HOA statutes, and the factual circumstances of the dispute. The most common matters our attorneys handle include:

Improper Fines and Assessments

One of the most frequent complaints we hear from homeowners involves fines that were assessed without proper notice, without following the required procedural steps, or for violations that are not actually prohibited by the governing documents. Florida law requires HOAs to follow specific procedures before levying fines, including providing proper written notice and the opportunity for a hearing before a fines committee. When those procedures are not followed, fines may not be legally enforceable, and homeowners have recourse.

Selective Enforcement

An HOA that enforces its rules against some homeowners but not others opens itself to a selective enforcement defense. Florida courts have recognized that HOAs cannot apply their rules arbitrarily or in a discriminatory manner. If your HOA is citing you for a condition that exists throughout the neighborhood without enforcement action against others, or is targeting specific homeowners while ignoring identical violations by others, selective enforcement may be a valid defense and basis for a counterclaim.

Failure to Maintain Common Areas

HOAs are responsible for maintaining the common areas of the community, including pools, clubhouses, landscaping, gates, roofs in condo communities, and other shared infrastructure. When an HOA neglects this responsibility and a homeowner suffers financial harm or is denied the use of amenities they have paid for, the association may face liability. These claims can also arise when deferred maintenance results in damage to individual units or properties.

Architectural and Modification Disputes

Many HOA disputes involve a homeowner's desire to modify, improve, or alter their property and an HOA's objection to those changes. Florida law and most governing documents establish procedures for requesting and approving architectural modifications. When an HOA denies a request arbitrarily, fails to act within required timeframes, or applies standards that are not contained in the governing documents, the homeowner may have grounds for legal challenge.

Special Assessment Disputes

When an HOA levies a special assessment for a major capital expenditure, homeowners sometimes challenge whether the assessment was properly authorized, whether proper notice was given, or whether the funds are being used as stated. Florida law imposes specific requirements on the process for levying special assessments, and associations that do not follow those requirements may face challenges from homeowners who object to the assessment.

Board Election Disputes and Governance Issues

Florida law establishes requirements for HOA board elections, including notice requirements, balloting procedures, and the right of homeowners to be heard at meetings. When elections are conducted improperly, when board members act outside their authority, or when an HOA fails to maintain the transparency required by Florida Statute Chapter 720, homeowners have legal avenues to challenge the association's governance and seek corrective action.

Covenant Enforcement and Violations

Both homeowners and associations can be on either side of a covenant enforcement dispute. Associations need experienced counsel to enforce legitimate community standards when homeowners refuse to comply. Homeowners need experienced counsel to challenge enforcement actions that go beyond what the governing documents actually permit or that are being applied unfairly. Our attorneys represent clients on both sides of these disputes with equal skill and commitment.

Florida HOA Laws and Regulations

Florida has two primary statutes that govern community associations, each of which applies to different types of communities.

Florida Homeowners Association Act -- Chapter 720

Florida Statute Chapter 720 governs homeowners associations in single-family home communities and townhome developments. It establishes the rights and obligations of both the association and its members, including requirements for financial disclosure, meeting notice, record keeping, election procedures, the fine and enforcement process, and dispute resolution. Chapter 720 also contains specific provisions protecting homeowner rights that associations cannot override through their governing documents. 

Florida Condominium Act -- Chapter 718

Florida Statute Chapter 718 governs condominium associations and contains its own set of requirements that in many respects are more detailed and more protective of unit owners than the HOA Act. Condominium disputes involving special assessments, maintenance obligations, unit owner access, and board governance are all governed by Chapter 718. If you live in a condominium, the applicable legal framework is distinct from that which governs single-family HOA communities.

Governing Documents

In addition to the Florida statutes, every community is governed by its own set of documents: typically a Declaration of Covenants, Conditions, and Restrictions, Bylaws, and Articles of Incorporation. These documents define the specific rights and obligations applicable to that community, and they control the outcome of most HOA disputes. Our attorneys review governing documents carefully at the outset of every representation to understand what the specific rules actually say and whether the association's actions were consistent with them.

Litigation vs. Mediation in HOA Disputes

Florida law requires that most HOA disputes go through a pre-suit mediation or alternative dispute resolution process before a lawsuit can be filed. This requirement is designed to give the parties an opportunity to resolve their disagreement without the cost and delay of full litigation, and in many cases it works. A well-prepared attorney can achieve favorable outcomes for clients in mediation that avoid the expense of a trial.

When mediation does not produce a fair result, or when the other side is not negotiating in good faith, litigation is the appropriate next step. Our attorneys are experienced in both mediation and HOA litigation, and we approach every dispute with a strategy that keeps both paths open until we know which one is most likely to deliver the outcome our client needs.

It is worth noting that Florida law also provides for prevailing party attorney fee awards in many HOA disputes. This means that a homeowner who successfully challenges an improper fine or enforcement action may be entitled to recover their attorney fees from the association. This provision levels the playing field considerably and is something our attorneys factor into the strategy for every homeowner client we represent.

Representing Homeowners Against Their HOA

Homeowners associations have a legitimate interest in maintaining community standards and enforcing the covenants that all owners agreed to when they purchased in the community. When a homeowner refuses to comply with legitimate enforcement actions, the association may need legal representation to protect the community's interests and the rights of the compliant majority.

Our attorneys represent associations in pursuing enforcement of valid covenants, collecting delinquent assessments, addressing homeowners who repeatedly violate community rules, and navigating the procedural requirements that Florida law imposes on the enforcement process. We help associations follow the law correctly so their enforcement actions hold up to legal challenge.

Frequently Asked Questions About HOA Litigation in Florida

Can I sue my HOA in Florida?

Yes. Florida law gives homeowners the right to challenge HOA actions that violate the association's governing documents or Florida's community association statutes. However, most disputes must go through a pre-suit alternative dispute resolution process, such as mediation, before a lawsuit can be filed. This is a mandatory step in most HOA litigation matters under Florida law. An attorney can guide you through the required pre-suit process and, if necessary, take the matter to court. Florida law also provides for attorney fee awards to prevailing homeowners in many HOA disputes, which makes legal representation more accessible than many people realize.

What can I do if my HOA is fining me unfairly?

Florida law requires HOAs to follow a specific process before a fine becomes enforceable, including providing written notice of the violation, an opportunity to cure the violation, and a hearing before a fines committee if the homeowner contests the fine. If the HOA has not followed these steps, the fine may not be legally valid. You also have the right to challenge the fine if the conduct in question is not actually prohibited by the governing documents, or if the HOA is applying the rule selectively. An attorney can review the specific circumstances and advise you on the strongest grounds for challenging the fine.

What is selective enforcement and how does it help my case?

Selective enforcement is a defense available to homeowners when an HOA is applying its rules against some residents but not others. Florida courts have recognized that an HOA cannot enforce its covenants in an arbitrary or discriminatory manner. If your HOA is citing you for a condition that is common throughout the neighborhood without taking action against others, or if it is targeting specific homeowners for political or personal reasons, selective enforcement may be a valid defense to the fine or violation notice and may also support a counterclaim. Documenting instances of unenforced violations by other homeowners is important evidence in these cases.

What does it mean that Florida requires pre-suit mediation for HOA disputes?

Florida Statute Chapter 720 requires that most HOA disputes go through a mandatory non-binding arbitration or mediation process administered through the Florida Department of Business and Professional Regulation before either party can file a lawsuit in circuit court. This process is designed to encourage resolution without full litigation and is often successful. However, it is a required procedural step, and skipping it can result in a lawsuit being dismissed. Our attorneys guide clients through the pre-suit process and use it strategically, either to resolve the dispute efficiently or to create a clear record for subsequent litigation if resolution is not possible.

Can I recover my attorney fees if I win an HOA dispute in Florida?

In many cases, yes. Florida law provides for prevailing party attorney fee awards in HOA disputes under certain circumstances. This means that if you successfully challenge an improper fine, an unlawful enforcement action, or another violation of your rights under Florida's community association statutes, the HOA may be required to pay your attorney fees. This provision is an important protection for homeowners because it reduces the financial barrier to pursuing legitimate legal claims against a well-resourced association. Our attorneys evaluate attorney fee entitlement as part of the strategy for every homeowner representation.

Our HOA board is not following the rules. What can we do?

Florida law gives homeowners several tools to address a board that is not fulfilling its obligations. These include demanding access to association records, which the association is required to provide under Chapter 720, requesting a special meeting of the membership, challenging board elections that were not conducted properly, and filing a complaint with the Florida Department of Business and Professional Regulation. If these administrative remedies are insufficient, litigation may be necessary to compel compliance with the law and the governing documents. An attorney can evaluate which approach is most likely to be effective given the specific facts of your situation.

Does this firm represent HOA boards as well as homeowners?

Yes. The Dill Law Group represents both individual homeowners and homeowners associations in disputes and litigation matters. Community associations have their own legitimate legal needs, including enforcement of covenants against non-compliant members, collection of delinquent assessments, defense against claims brought by homeowners, and guidance on governance and procedural compliance. Our attorneys bring the same thoroughness and commitment to HOA clients as to the homeowners we represent. If your association needs legal counsel for an HOA matter, please contact us for a consultation.

Contact Our Orlando HOA Litigation Attorneys Today

Whether you are a homeowner dealing with an overreaching HOA or a community association that needs experienced legal representation, The Dill Law Group is ready to help. HOA disputes have real financial and practical consequences, and having an attorney who knows Florida's community association law thoroughly can make the difference between a resolution that protects your interests and one that does not.

We offer free initial consultations for HOA litigation matters. Our attorneys will review the governing documents, assess the legal issues involved, and give you an honest assessment of your options and what pursuing them would involve.

Call The Dill Law Group today at (407) 367-0278 or fill out the contact form on this page to schedule your consultation.