Before moving into a community with a homeowners association, a property owner will want to know the exact details and matters the HOA can and cannot manage. Depending on the details of the neighborhood covenant, an HOA may regulate everything from the colors of the home to the maintenance of the community pool. Each Florida homeowner will benefit from knowing where the authority of the HOA ends and their property rights begin.
The terms of the neighborhood agreement
Each neighborhood with an HOA will function differently, and while the primary function of these governing bodies is to maintain common areas, there are some aspects of private property they may regulate as well. Some of the specific matters over which an HOA may have authority include:
- Shingles, exterior colors and siding
- Basketball goals, trampolines and playsets
- Operation of a home-based business
- Allowance of pets or types of pets
- Landscaping, hedges or shrubs
- Fences and mailboxes
- Noise levels and parking
While an HOA can manage and regulate various aspects of a neighborhood, it cannot overstep the boundaries of its authority to treat a homeowner unfairly or illegally. A homeowner has the right to fight back against a violation of his or her property rights.
Navigating an HOA dispute
When involved in an HOA dispute, a Florida homeowner may benefit from the guidance of an experienced attorney. A legal ally can provide insight into how the property owner can stop the mistreatment and resolve the outstanding issues with the community’s homeowners’ association. It may be possible to secure a beneficial outcome while avoiding a protracted legal battle.