Florida HOA Dispute Attorney | Common Reasons HOAs and Homeowners End Up in Litigation
Homeowners associations (HOAs) help preserve the character and property values of Florida neighborhoods. They establish expectations for property maintenance and impose certain regulations on homeowners. For example, HOAs may limit what plants people can display in their front yards or what colors they paint their houses. They may restrict short-term rentals or enforce rules related to noise, parking, and exterior appearance.
Even responsible homeowners can find themselves in conflict with their HOA. When disputes escalate and informal resolution fails, litigation sometimes follows. Below are some of the most common reasons homeowners and HOAs end up in court.
1. Disagreements About Governing Documents and Bylaws
HOA disputes often begin with differing interpretations of the community’s governing documents. An HOA may take a strict reading of its bylaws or covenants, while homeowners apply a more practical interpretation. When the parties disagree about what a rule actually requires, litigation can arise from:
- Architectural standards and approvals
- Use restrictions (including leasing and short-term rental limitations)
- Maintenance responsibilities
- Rules adopted by the board versus what is permitted in the recorded covenants
These cases often come down to document language, how the HOA adopted or enforced a rule, and whether the HOA acted within the authority granted by the governing documents and Florida law.
2. Selective Enforcement
Selective enforcement occurs when an HOA enforces a rule against one homeowner while ignoring similar violations by others. Homeowners sometimes do not realize certain rules exist because the HOA has not enforced them historically. Then, when a homeowner receives citations or fines for conduct neighbors routinely engage in, the dispute escalates quickly.
Selective enforcement disputes may involve allegations that the HOA is overstepping its authority, targeting a homeowner unfairly, or applying rules inconsistently. Evidence often matters in these cases, including photos of similar violations, written communications, and the HOA’s historical enforcement practices.
3. Unpaid Dues, Fees, and Fines
Most HOA communities require homeowners to pay regular assessments for maintenance of common areas and community operations. Litigation can occur when homeowners fall behind on assessments or dispute fines and penalties imposed by the HOA. Common triggers include:
- Delinquent monthly or quarterly assessments
- Disputed violation fines
- Special assessments
- Disagreements over late fees, interest, or collection costs
In more serious cases, the HOA may record a lien and pursue foreclosure after following statutory procedures. Homeowners may file suit to challenge improper fines or assessments, contest collection tactics, or seek relief from escalating enforcement actions.
Common HOA Disputes in Florida
Beyond architectural modifications, Florida homeowners frequently face HOA disputes involving:
- Special assessments for repairs or improvements that homeowners believe were not properly approved
- Fines and penalties for landscaping, parking, exterior appearance, or alleged violations
- Selective enforcement when rules are applied inconsistently
- Access to records including financial records, meeting minutes, and official communications
- Election disputes involving board elections, voting procedures, or alleged irregularities
Fighting Unfair HOA Actions?
Our Florida HOA dispute attorneys help homeowners with:
- Challenging improper fines and special assessments
- Fighting selective enforcement
- Obtaining HOA records and enforcing access rights
- Resolving architectural approval and covenant disputes
Free consultation: (727) 275-9575
Florida HOA Disputes FAQ
Can my HOA fine me for modifications I made before buying the property?
Often, no. If modifications existed when you purchased the property and the HOA approved them or did not object within a reasonable period, the HOA may have limited ability to enforce retroactively. However, outcomes depend on the governing documents, the facts, and whether the HOA can establish ongoing violations or other legal grounds. An attorney can review your documents and the HOA’s enforcement history.
How long does the HOA have to respond to an architectural request?
Many HOA governing documents set a response deadline, commonly 30 to 45 days. Florida law generally requires the HOA to respond within a reasonable time. Some documents provide that if the HOA does not respond within the stated timeframe, approval may be deemed granted. The correct answer depends on your declaration, bylaws, and written architectural guidelines.
Can I sue my HOA in small claims court in Florida?
Yes, in some situations. If the claim is within Florida’s small claims threshold, small claims court can be a cost-effective option for certain disputes. However, HOA disputes often involve injunctions, document interpretation, or legal issues that may require filing in circuit court. An attorney can help determine the proper venue and strategy.
What is selective enforcement by an HOA?
Selective enforcement occurs when the HOA penalizes one homeowner for a violation while ignoring the same violation by others. This can be a defense to enforcement actions and may support claims against the HOA depending on the facts. Documentation is critical, including photos, dates, communications, and examples of similar violations treated differently.
Can my HOA foreclose on my home for unpaid dues?
Yes. Florida law allows HOAs to pursue liens and foreclosure for delinquent assessments if the HOA follows required procedures. If you are facing lien enforcement or foreclosure threats, consult counsel immediately. Many cases can be resolved through negotiation, payment arrangements, or by challenging improper charges depending on the circumstances.
Statutory reference for general information: Fla. Stat. Ch. 720 (Homeowners’ Associations). This content is provided for informational purposes only and does not constitute legal advice.
