According to the Florida Department of Business and Professional Regulation, there are an estimated 12,000 homeowners’ associations in the state. With so many associations, it is not entirely surprising that some of them end up mistreating homeowners, resulting in disputes. This is particularly an issue in Florida where homeowner’s associations tend to wield a lot of power, occasionally forming factions within to pursue hidden agendas that often lead to the unfair treatment of some homeowners while favoring others.
Common Homeowner’s Association Disputes
A homeowner’s association is a governing body for a development or complex, comprised of a private board of residents. Some of the most common disputes involving a homeowner’s association include:
- Breach of Covenant: When an association fails to fulfill the duties agreed upon in its legal documents, it is known as a breach of covenant. Issues can include the management of common areas, landscaping, and recreational facilities.
- Breach of Fiduciary Duty: Similar to breach of covenant, a breach of fiduciary duty occurs when a homeowner’s association fails to perform an explicitly stated duty.
- Association Director Liability: An association’s director must exercise reasonable diligence in carrying out fiduciary duties and, not doing so means you might be able to hold him or her liable for a breach of fiduciary duty.
- Community Association Negligence: A wide range of actions or failures to act can qualify as community association negligence, including a failure to perform duties in a reasonably prudent and safe manner. If the association provided any products, it might also be vulnerable to a products liability claim.
- Liability for Trespass: If an association allows unauthorized entry onto an owner’s property, it might be grounds for a trespassing dispute.
- Breach of Statutory Duty: In cases where an association is accused of mismanaging or abusing community funds, this constitutes a breach of statutory duty.
These disputes can often be resolved through mediation, but litigation can be necessary when a battle takes a more unpleasant turn.
Hire a Trusted Emerald Coast Real Estate Attorney
At Chesser & Barr, P.A., our real estate attorneys understand that homeowner’s association disputes cannot always be resolved through mediation. We are here to ensure you have a skilled litigator in your corner who will protect your rights if you have been unfairly cited, fined, or are facing any number of the aforementioned disputes.
Call us today at (850) 610-7471 to get started.