There are some benefits to living in a community with a governing body, such as a homeowners’ association. This group oversees important aspects of the neighborhood, such as maintenance of common areas, and it can make important improvements, enforce rules and take steps that will protect the home values of property owners in the community. Unfortunately, HOAs do not always function as they should, and this can be concerning for Florida residents within the neighborhood.
If you are facing issues with your HOA, you may not be sure what to do next. This could be a situation in which it is reasonable for you to pursue legal action in order to secure a beneficial outcome to your ongoing concerns. You may benefit from learning more about common reasons why homeowners sue their HOAs in order to determine if this is the best course of action for you.
Your rights as a homeowner
It is important to know where the authority of the HOA ends and your property rights begin. While you may not particularly like the actions or decisions made by the HOA, that does not necessarily mean that you should sue. This understanding is critical as you will need to know whether what you are experiencing is a violation of your rights, which would give you grounds to pursue a civil claim against the HOA. Some of the most common reasons for HOA lawsuits include:
- The HOA did not maintain the common areas as required by the terms of the contract, or make repairs when necessary.
- There is a dispute over the results of the HOA election and concerns over the integrity of the voting procedure.
- The HOA is unfairly or inconsistently enforcing the rules or giving violations to homeowners.
- The HOA has acted in a discriminatory manner toward one of the homeowners.
- There are disputes over unfair pet rules or enforcement of community rules about animals.
It is not easy to confront unfair or unreasonable actions by an HOA alone. You will benefit from seeking the guidance and support of a professional with experience in HOA law to better understand what options you have as you seek to put an end to the problem and fight for a reasonable solution. If you are unsure of where to begin, you may find it useful to start by seeking an assessment of your case.