Polk County HOA Attorneys
Homeowners’ associations play a significant role in the lives of a growing number of Florida residents. From maintaining common areas and enforcing community standards to collecting assessments and managing reserves, HOAs carry a broad set of responsibilities that are governed by a detailed body of law. In Florida, the primary statute governing homeowners’ associations is Chapter 720 of the Florida Statutes, commonly referred to as the Homeowners’ Association Act.
At Mint Law Firm, we have experience representing both associations and individual homeowners in matters arising under this statute and under the governing documents that define the rights and obligations of all parties within a community. We understand that HOA disputes can be deeply personal, affecting where and how people live. That is why we approach every matter with both legal diligence and a respect for the relationships within the community.
Representation for HOA Boards and Associations
Running a homeowners’ association involves far more than collecting dues and maintaining the landscaping. Board members are fiduciaries, meaning they owe a duty of care and a duty of loyalty to the members of the association. The decisions they make, from adopting budgets and levying special assessments to enforcing covenants and entering into vendor contracts, have real financial and legal consequences for the community.
Our attorneys advise association boards on a wide range of governance matters, helping them fulfill their duties in compliance with Florida law and the association’s governing documents. Some of the areas in which we regularly assist boards include:
Covenant and Restriction Enforcement: The declaration of covenants, conditions, and restrictions (the CC&Rs) is the foundational document that governs what property owners within the community can and cannot do with their property. When a homeowner violates these restrictions, the association has both the right and, in many cases, the obligation to enforce them. Our attorneys assist boards with the enforcement process, from issuing notices and conducting hearings to pursuing legal action when necessary. Assessment Collection: Assessments are the financial lifeblood of a homeowners’ association. When homeowners fail to pay their assessments, the association’s ability to maintain common areas, fund reserves, and meet its obligations is compromised. Under Chapter 720 of the Florida Statutes, associations have the right to place a lien on a delinquent homeowner’s property and, if necessary, to foreclose on that lien. We guide associations through each step of this process, from the initial demand letter to the filing of a lien and, where required, the initiation of foreclosure proceedings. Governing Document Review and Amendments: Over time, an association’s governing documents may need to be updated to reflect changes in the law, the needs of the community, or the practical realities of managing the association. Amending these documents requires careful attention to the procedural requirements set forth in both the existing documents and in Florida law. We assist boards with the drafting and adoption of amendments to declarations, bylaws, and rules and regulations. Board Governance and Elections: Florida law imposes specific requirements on how HOA boards conduct their business, including rules related to meetings, notice, voting, record-keeping, and elections. Failing to comply with these requirements can expose the board to legal challenges and undermine the legitimacy of its decisions. We help boards establish procedures that are consistent with the law and that promote transparency and accountability within the community. Developer Turnover: In new communities, the developer typically controls the association during the initial sales period. When the time comes for the developer to turn over control to the homeowners, there are a number of legal and practical steps that must be taken, including the transfer of records, financial accounts, and common area maintenance responsibilities. This transition can be a source of significant disputes if not handled properly. Our attorneys represent both developers and homeowner-controlled boards during this process to ensure that the turnover is conducted in accordance with the requirements of Florida law.
HOA disputes can be deeply personal, affecting where and how people live. That is why we approach every matter with both legal diligence and a respect for the relationships within the community.
Representation for Individual Homeowners
We also represent individual homeowners who find themselves in disputes with their association. Living in a community governed by an HOA means agreeing to abide by the community’s rules and restrictions, but it also means that the association must exercise its authority in a manner that is fair, reasonable, and consistent with its governing documents and Florida law.
Homeowners may need legal assistance in a variety of situations, including disputes over fines or violations that were imposed without proper notice or process, disagreements over the interpretation of the CC&Rs, challenges to special assessments or budget decisions, and claims that the board has failed to properly maintain common areas or has acted outside the scope of its authority.
Under Florida Statute § 720.311, homeowners and associations are required to participate in pre-suit mediation before filing certain types of lawsuits related to the governing documents. This process provides an opportunity for the parties to resolve their differences with the assistance of a neutral mediator before incurring the time and expense of formal litigation. Our attorneys are experienced in both the mediation process and, when mediation does not produce a resolution, in litigating HOA disputes in court.
Common HOA Legal Issues in Florida
Florida’s HOA landscape presents a number of recurring legal issues that affect both associations and individual homeowners. Some of the more common matters we handle include:
Architectural Review Disputes: Many associations have architectural review committees that must approve changes to the exterior of a home, including additions, fencing, landscaping, and paint colors. Disputes can arise when an application is denied, when a homeowner makes changes without approval, or when the committee applies the standards inconsistently. Maintenance and Repair Responsibilities: Determining whether a particular maintenance or repair obligation falls on the association or the individual homeowner is a frequent source of conflict. The answer often depends on the specific language of the declaration and how the common areas and individual lots are defined within it. Insurance and Casualty Loss: When damage occurs to common areas or to individual properties, questions can arise about the scope of the association’s insurance coverage, the homeowner’s responsibility for deductibles, and the process for filing and resolving claims. Access to Records: Under Florida Statute § 720.303, members of a homeowners’ association have a right to inspect and copy the official records of the association. When a board fails to provide access to these records, a homeowner may have grounds to pursue legal action to compel disclosure.
The HOA Lawyers at Mint Can Help
Whether you are a board member seeking guidance on governance matters, an association dealing with a delinquent homeowner, or a homeowner who believes your rights have been violated, the attorneys at Mint Law Firm are here to help. We bring a practical, solution-oriented approach to HOA matters, recognizing that the goal is not simply to win an argument but to reach a resolution that serves the long-term interests of the community.
If you are facing an HOA-related legal issue, we encourage you to contact our office to schedule a consultation. Understanding your rights and obligations early in the process can often prevent a small disagreement from becoming a costly dispute.