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What should you do if the HOA sues you in Florida?

On Behalf of | Jan 13, 2025 | Condo, Townhome & HOA Disputes |

If you’re a homeowner in Florida and your Homeowners Association (HOA) has filed a lawsuit against you,  it’s essential to stay calm and take immediate action. While it’s a serious situation, there are steps you can take to protect your rights and interests.  Here’s what you need to know.

Understanding HOA disputes in Florida

In Florida, HOAs create rules called Covenants, Conditions, and Restrictions (CC&Rs) and Bylaws. These rules cover things like noise, property maintenance and renovations. While they can’t go against state or federal laws, they can be stricter than your local rules. For example, your city might not specify fence heights, but your HOA might.

Disagreements often arise from these rules. For example, loud music or damaged roofs can lead to disputes between homeowners and the HOA.

Responding to an HOA lawsuit

Many HOA disagreements get resolved through simple conversations or meetings. But, sometimes, things escalate into legal action. Here’s what to do if your HOA sues you:

  • Figure out what they’re saying: Read the lawsuit, also called Summons and Complaints, carefully to understand what the HOA accuses you of and what they want.
  • Don’t ignore it: In Florida, you usually have 20 days to respond to a lawsuit. Ignoring it can lead to serious consequences, like automatically losing the case.
  • Consider your options: Sometimes, disputes with an HOA can be resolved without going to court. Contact the HOA board or their lawyer to see if you can work out a solution. Consider trying mediation or arbitration.
  • Seek legal advice immediately: A lawyer can help you understand the complex HOA rules and Florida state laws. They can guide you on how to respond to the lawsuit effectively. Lawyers can also assist in negotiating with the HOA or representing you in court if necessary.
  • Know your rights: HOA rules, known as Covenants, Conditions, and Restrictions (CC&Rs), cannot violate federal or state laws. If you believe your HOA is overstepping its bounds, you can challenge them. Your lawyer can help determine if the HOA’s actions are lawful and advise you on the best course of action.

If your HOA sues you, taking immediate action to protect your rights and interests is crucial. While HOAs exist to maintain property value, they can’t break the law or mistreat homeowners.

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