Navigating HOA Disputes: Protecting Your Rights and Community Standards

Navigating homeowner association (HOA) disputes requires seasoned legal guidance to protect your rights and uphold community standards. At The Logan Law Firm, P.L., with offices in Orlando, Ft. Lauderdale, and Miami, Florida, we specialize in advocating for homeowners who find themselves entangled in complex HOA issues.

Homeowner’s disputes can be unnerving. You purchase, or rent your home and commit a rule infraction or, you are accused of committing a rule infraction, and the next thing you know you are locked in a battle with your homeowner’s association. You are inundated with letters; threatened with fines and / or suspensions; threatened with liens on your home, and day to day life becomes complicated and uncomfortable. Our firm has experience in successfully resolving HOA disputes. HOA disputes can go in many directions. If you received a letter from the Association’s attorney the first thing you must understand is, the HOA attorney does not represent you, he or she represents the Association, and your dues pays the Association attorney’s fees to do so. That is the fact of the matter. We have found, what frustrates residents the most is they don’t know what to do. We can help. We understand the laws that govern homeowner’s associations and we have well over a decade of experience handling HOA disputes. If you believe you have been wrongly fined, or you believe you have been wrongly suspended from common area amenities, such as the association swimming pool, fitness room, etc., we can help. Often times, we are able to resolve your matter with a letter. In the event a letter does not resolve your HOA issue or, the issue is more involved, we will conduct a complete document review on your behalf and discuss our findings with you, then, communicate with the Association in an effort to resolve the matter. Depending on the conduct of the association’s board of directors, and taking into consideration the conduct of the community association management company (CAM) it may be necessary to file a lawsuit.

Things you should know about your HOA. Your homeowner’s association has a board of directors and, each member of the board owes a fiduciary duty to each member. If you are a homeowner, you are a member. A fiduciary duty is defined as a heightened duty of loyalty and trust. The word, fiduciary, is a big deal. A fiduciary duty is created the moment an individual assumes the role as a member of the board. It is understood that the undertaking of the role as a director, that individual must act primarily for the benefit of you, the member. In many instances, that fiduciary duty of loyalty and trust may extend to the member’s family, friends and guests and tenants. If a board member fails to uphold his or her fiduciary duty to those to whom the duty is owed, and injury results, we can help. An injury can take many forms but with HOA’s the injury is typically financial, or denial of access to common areas. The injury may take other forms as well. This includes inappropriate administration and / or application of the HOA’s governing documents.  Our firm offers a full document review of all related Covenant Conditions and Restrictions (CC&R’s), By-Laws, and all applicable Constitutions, including state statutory reviews, in order to help you determine whether you have been injured by you HOA. If we determine an injury has occurred, we can act on your behalf to recover damages. 

HOA’s typically hire a community association management company (CAM) to administer the day to day operations of the Association. A licensed community association manager (LCAM) is an individual typically assigned to your HOA. If you have ever received a notice of violation, it likely came from your LCAM. HOA’s rely heavily on the advice and direction of the CAM however, the HOA and its directors are typically responsible for their decisions. If you believe you have been injured by your HOA as the result of bad, or incorrect advice given by your CAM, we can help sort the details of your matter and then help determine the best method to resolve your matter. 

HOA’s typically hire attorneys to represent them. To be clear, the HOA attorney represents the HOA, not you. Your dues pays the attorney. We have found that the hardest thing for a homeowner to understand is that their dues pays the HOA attorney, even in matters involving the HOA threating legal action against them. Yes, you are paying for that. If your HOA has taken legal action against you, and you believe they are wrong, we can help. We have worked with HOA attorneys, on behalf of our clients, and have successfully resolved matters to our clients’ satisfaction. We always recommend you seek professional legal advice when contacted by the HOA attorney. Remember, that attorney owes a fiduciary duty to their client, the HOA, not you. That means the HOA attorney must represent the interests of the HOA, not yours. We will level the playing field by working with the HOA and their attorney and help you obtain results that are in your best interests. 

Your HOA’s governing documents are a contract between the homeowner (member) and the Association, and, a breach of said contract by either the member or the Association, may be actionable. It is important to read and understand the documents. We understand that often times the documents can be long and confusing. 

As a homeowner, you have the right to enjoy the amenities and privileges promised by your community association. Unfortunately, disputes can arise, leaving you feeling unfairly targeted or excluded. Whether you're facing suspension from community amenities, receiving violation letters, or dealing with other contentious issues, we are here to ensure your voice is heard.

Our approach to HOA disputes is proactive and strategic. We understand the nuances of HOA regulations and Florida state laws governing community associations, allowing us to provide informed counsel and effective representation. From negotiating with the HOA board to representing you in mediation or litigation, we are committed to achieving favorable outcomes that protect your rights and restore your peace of mind.

We have successfully represented plaintiffs in a wide range of HOA disputes, including cases involving discriminatory actions, improper enforcement of rules, financial transparency issues, and more. Each case is handled with the utmost attention to detail and personalized care, recognizing the unique circumstances of every client.

At The Logan Law Firm, P.L., we believe in empowering homeowners by equipping them with knowledge and advocacy. Whether you're facing a seemingly minor issue or a major conflict with your HOA, our experienced team is ready to guide you through the process and fight for a resolution that aligns with your goals.

Contact us today to schedule a consultation and take the first step towards resolving your HOA dispute with confidence and clarity.