Fort Lauderdale HOA Dispute Lawyer
If you have recently bought a home in a community governed by a homeowners’ association, you may find that though you and the board do not necessarily agree on everything, you have agreed to abide by the rules set forth by the HOA. At times, the regulations may seem downright ridiculous or unreasonable, but a homeowner must put up with them regardless. However, there are cases in which a homeowner may take legal action against an HOA. Similarly, an HOA may take legal action against an individual homeowner.
When you purchase such a property, it is important that you understand your rights as a homeowner and community member. The Fort Lauderdale HOA disputes lawyers at the office of Edward J. Jennings, P.A., can help you understand your rights and, if it comes down to it, defend them when disagreements arise.
Where Do the Rules Come From?
Generally, the property developer will set up the HOA and its rules, but community members may later join the association and make amendments to the rules. Community rules are usually outlined in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). Before finalizing a sale, buyers will have an opportunity to view these rules.
CC&Rs are usually meant to maintain the value, appearance, and uniformity of a community. It is important to review the CC&Rs before challenging an action against you. If you have reviewed the rules and found that your actions are not in violation of the CC&Rs, you may have reason to challenge an action against you.
Disputes Against an HOA
If an HOA is not upholding its obligations to the community, it may leave itself open to legal action. Some examples of matters that can lead to disputes against an HOA include the following:
- Changes to rules and regulations without homeowners’ notice or approval;
- Failure to maintain common landscaping;
- Failure to maintain common areas;
- Breach of agreements with neighbors;
- Property encroachments as a result of additions, decks, etc.;
- Noise, such as music or barking;
- Enforcement of association governing documents; and
- Blocking views.
As a homeowner, you have a right to be involved in the making and enforcement of these rules. If you feel as if the rules are not being properly enforced by the association, you may have a case against your HOA.
Disputes Against Homeowners
The following is a list of common disputes against homeowners:
- Failure to pay dues or assessments;
- Not maintaining your home in accordance with the rules set forth in the CC&Rs;
- Use and zoning ordinances; and
- Bans on types, sizes, and number of pets
Before buying property in a planned community, it may be wise to read the CC&Rs and research lawsuits involving the local HOA. Doing so can save you a significant amount of time and headache in the future.
Consult With a Fort Lauderdale HOA Lawyer Before Purchasing a Property With an Attached CC&R
Whether you are a homeowner dealing with a difficult HOA or an HOA dealing with a difficult homeowner, you may wish to speak with a licensed lawyer before taking legal action. Your disagreement may be easily solved without the need to bring a lawsuit to court. However, it may be helpful to seek mediation when discussing these issues. The lawyers at the office of Edward J. Jennings, P.A., will represent homeowners and homeowners’ associations in HOA and condominium disputes. Call our office today to discuss your case with a knowledgeable legal representative.