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Florida HOA at center of legal dispute

On Behalf of | May 5, 2023 | Condo, Townhome & HOA Disputes |

Many Florida communities operate under policies and rules set by a Homeowners Association (HOA). A gated community in Fort Meyers says its residents have paid HOA fees, which included funds to pave and maintain private access roads in the area. Now, a legal dispute is brewing since a developer is trying to take control of the roads to build a new community which, according to the residents of the existing private community, will impede their quality of life.  

There are currently 94 housing units in the community. The developer wants to build 247 homes and use the gated community’s private access roads to develop the project. The residents have noted that the county does not maintain the private roads, which are maintained solely through their HOA fees. They do not believe they should have to forfeit control of the roads in favor of a developer.  

Developer says road access is critical to his project 

The developer has made it known that completion of the new community hinges on his company having access to the private roads, which have heretofore been used and controlled by the residents of the Fort Meyers gated community. In a letter to county officials, the developer stated that his company is willing to negotiate a solution that is fair and agreeable to both sides. Numerous other communities in Florida have encountered similar legal disputes when outside companies have tried to gain access to private roadways that are funded by HOA fees.  

Strong legal support can help facilitate fair solutions  

In cases where both sides have a lot at stake, experienced professional guidance is the key to achieving a successful outcome. Legal disputes regarding property rights are often complex. A real estate law attorney can review a case and recommend potential solutions to the problem and can act on behalf of clients to protect their interests in court.  


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