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HOA dispute brewing in Florida

On Behalf of | Feb 18, 2023 | Condo, Townhome & HOA Disputes |

Key Colony is a Florida living complex that was built in the 1970s and includes more than 1,100 units. Board members are currently battling administrators from several buildings regarding numerous legal issues. There is a great deal of tension on both sides of the HOA dispute. 

It is typically helpful to refer to by-laws and contractual agreements that are relevant to a particular issue. In this case, several building leaders have stated that the by-laws are part of the problem because they are antiquated and in need of reform. What began as a disagreement about finances has ignited into a dispute where at least one party has accused another of defamation.  

There are several issues at the central focus of this HOA dispute 

These the primary issues of concern in the ongoing legal battle between Key Colony HOA board members and several building leaders: 

  • The president of the Emerald Bay building has rejected a $145,119.04 invoice for maintenance of amenities, which was received from Key Colony HOA board members, claiming that the HOA is obligated to collect its own fees and manage its own finances.  
  • Emerald Bay’s president cited a conflict of interest for an HOA board member who also serves as treasurer for one of the buildings where there was an issue of fraud that exceeded $100,000, which prompted the board member to demand a retraction, stating that the statements insinuate that he has done something illegal, and, therefore, constitute defamation of character. 
  • Emerald Bay president claims that an existing agreement regarding fee collections, which the HOA has cited as being relevant in this case, is not binding on her or other building leaders.  

Since one out of every four Key Biscayne residents lives in Key Colony, the outcome of the current HOA dispute will no doubt be of interest to many people in the area.  

Legal guidance is advisable when HOA disputes arise 

It is helpful to seek guidance from an experienced real estate attorney when disputes arise, particularly, one who is well-versed in HOA and condominium issues. An attorney can carefully review the books and determine whether a particular statute, especially one dating back more than half a century, has bearing on a current case. The earlier the better when seeking legal support because such issues can take months to resolve.  


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