Condominium and Homeowner Association Disputes

Condominium and Homeowner Association Disputes

Condominium and Homeowner Associations are very common in Florida. Living in an Association is coveted by many because of the amenities provided and guarantee of a beautiful neighborhood. However, these rules and regulations can sometimes be enforced too strictly, selectively, or not at all.

We have experience representing owners regarding the following types of disputes with their Association:

  • Rentals and Tenant Approval
  • Lien Foreclosure
  • Contested Dues
  • Failure to Maintain
    • Damage to Units
    • Damage to personal property
  • Failure to Enforce the Declaration
  • Association Amendments
  • Review and Interpretation of Association Documents
  • Breach of the Board’s Fiduciary Duty
  • Selective Enforcement of the Declaration

Do not feel threatened, if you have a dispute with your Association, contact Vaughn Law for a free consultation to discuss your rights.

FAQ

Can an Association evict a tenant?
Yes. An Association can require a tenant to pay rent directly to the Association. If the tenant does not pay the rent to the Association, the Association can evict the tenant.
Can the Association arbitrarily apply the rules and regulations?
No. This is called selective enforcement. The Association must enforce the rules and regulations consistently with everyone.
Can the Association foreclose on my property due to unpaid assessments?
Yes. If you have not paid your assessments as they have come due, and the Association has provided you with proper notice and recorded a claim of lien on your property, the Association can foreclose on its claim of lien.
Can the Homeowner’s Association prevent me from displaying an American flag in my yard?
No. You have the right to display an American flag in a respectful manner that is no larger than 41/2 feet by 6 feet.
Can the Association increase the monthly assessments, and is there a cap on how much the increase can be?
Yes, the Association can increase the monthly assessments as long as the governing documents allow it. There is no law that sets a limit on how much the dues may be increased.

However, if the increase exceeds 115% of the previous year’s assessments, the owners may request a special meeting.

Can the Association impose a Special Assessment?
They most likely can, however this depends on the governing documents. You will want to review the governing documents to determine when and how the Association can impose a Special Assessment.

Do not feel threatened, if you have a dispute with your association, contact Vaughn Law for a free consultation, to discuss your rights.

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Vaughn Law offers its clients a different, more personalized and service orientated approach, by tailoring its representation to its client’s needs. At Vaughn Law, we understand that this may be an overwhelming, unfamiliar and stressful time for our clients, therefore we strive to help our clients understand the intricacies of the legal system and to keep them informed throughout the process.

 

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5600 Central Avenue
Saint Petersburg, FL 33707