Living in a homeowners association (HOA) or condominium community in South Florida comes with both benefits and challenges. While these communities offer shared amenities and maintained common areas, they also come with rules, regulations, and governing boards that don't always act in the best interests of residents. When disputes arise between homeowners and their HOA or condo association, the consequences can be severe—from thousands of dollars in wrongful fines to the threat of losing your home.

At Tollinchi Law, our Miami HOA and condominium lawyers understand the complex web of Florida statutes, governing documents, and case law that affect homeowner rights. We have extensive experience representing homeowners throughout Miami-Dade, Broward, and Palm Beach counties in disputes involving wrongful fines, selective enforcement, breach of fiduciary duty, foreclosure defense, and violations of the Florida Homeowners' Association Act and Florida Condominium Act.

If you're facing a dispute with your HOA or condo association, don't face it alone. Contact us today at 954-524-4100 to schedule a consultation with an experienced Florida HOA attorney. Hablamos español.

Understanding Your Rights as a Florida HOA Member

Florida has some of the strongest homeowner protection laws in the nation. The Florida Homeowners' Association Act (Chapter 720, Florida Statutes) and the Florida Condominium Act (Chapter 718, Florida Statutes) establish clear rights for community association members and impose strict obligations on HOA and condo boards.

As a member of a Florida HOA or condominium association, you have the following fundamental rights:

• —The right to access and inspect official HOA records, including financial statements, meeting minutes, and contracts
• —The right to attend all board meetings (with limited exceptions for certain executive sessions)
• —The right to speak at board meetings on agenda items
• —The right to vote on matters affecting the community, including board elections and amendments to governing documents
• —The right to receive proper notice before any fines, suspensions, or other disciplinary actions
• —The right to a hearing before the board imposes fines exceeding $100
• —The right to be free from selective or discriminatory enforcement of community rules
• —The right to challenge unreasonable rules or amendments that conflict with Florida law
• —The right to receive annual financial reports and proposed budgets
• —The right to petition for recall of board members under certain circumstances

When an HOA or condo association violates these rights, homeowners have legal remedies available. Our Miami HOA lawyers can help you understand your specific rights under Florida law and take action to protect them.

Common HOA Disputes We Handle

HOA and condo association disputes can take many forms, from minor disagreements to serious legal battles that threaten your home and financial security. At Tollinchi Law, we represent homeowners in a wide range of community association disputes throughout South Florida.

Our experienced HOA attorneys handle cases involving:

• —Wrongful Fines and Assessments: HOAs sometimes impose fines without proper notice, without a hearing, or for alleged violations that never occurred. We challenge improper fines and fight to have them reduced or eliminated.
• —Selective Enforcement: When an HOA enforces rules against some homeowners while ignoring identical violations by others, this constitutes discriminatory enforcement and may be legally actionable.
• —HOA Discrimination: Federal and state fair housing laws prohibit HOAs from discriminating based on race, color, national origin, religion, sex, familial status, or disability. We pursue claims against associations that violate these protections.
• —Architectural and Modification Disputes: Unreasonable denials of home improvement requests or inconsistent application of architectural guidelines can be challenged.
• —Access to Records: Florida law requires HOAs and condos to provide members with access to official records. We help homeowners obtain documents that associations wrongfully withhold.
• —Meeting and Voting Rights Violations: Improper notice of meetings, denial of voting rights, and election irregularities can be grounds for legal action.
• —Failure to Maintain Common Areas: HOAs have a duty to maintain common areas. When they fail to do so, homeowners may have claims for breach of fiduciary duty or breach of contract.
• —Unreasonable Rule Changes: Boards that adopt rules exceeding their authority or that conflict with governing documents or Florida law can be challenged.
• —Special Assessment Disputes: Improperly levied special assessments or assessments that exceed what is permitted under the governing documents may be contestable.

HOA Board Breach of Fiduciary Duty

Under Florida law, HOA and condo board members owe fiduciary duties to the association and its members. This means they must act in good faith, with the care of an ordinarily prudent person, and in the best interests of the community—not for their own personal benefit or the benefit of select individuals.

Signs that your HOA board may be breaching its fiduciary duties include:

• —Self-dealing transactions where board members benefit personally from association contracts
• —Conflicts of interest, such as board members hiring their own companies to perform association work
• —Mismanagement or misappropriation of association funds
• —Failure to maintain adequate insurance coverage
• —Failure to collect assessments consistently and fairly
• —Refusing to provide financial records or conducting business in secret
• —Making decisions that benefit certain homeowners at the expense of others
• —Ignoring necessary repairs while spending money on unnecessary projects
• —Retaliating against homeowners who exercise their legal rights

Homeowners who suffer harm due to a board's breach of fiduciary duty may be entitled to damages, injunctive relief, and in some cases, recovery of attorney's fees. Our Miami HOA lawyers have the experience to identify breaches of fiduciary duty and hold negligent or corrupt board members accountable.

Is your HOA board acting in bad faith? Call 954-524-4100 for a consultation with our experienced HOA attorneys.

Fighting Wrongful HOA Foreclosure

One of the most serious consequences homeowners face in HOA disputes is the threat of foreclosure. In Florida, HOAs and condo associations have the power to place liens on properties for unpaid assessments—and ultimately foreclose on homes to collect what is owed. This can happen even when the underlying debt is relatively small or when the homeowner disputes the validity of the charges.

Under Florida law, an HOA's lien for unpaid assessments has priority over most other liens except for first mortgages and certain tax liens. This gives associations significant leverage, but it doesn't mean homeowners are without defenses.

Common defenses to HOA foreclosure include:

• —The underlying fines or assessments were improperly imposed
• —The HOA failed to follow proper procedures before filing the lien
• —The amount claimed is inaccurate or includes improper charges
• —The HOA engaged in selective enforcement or discrimination
• —The statute of limitations has expired on some or all of the claimed debt
• —The governing documents don't authorize the type of charge being assessed
• —The HOA failed to provide proper notice as required by Florida law

If you're facing an HOA foreclosure action in Miami or anywhere in South Florida, time is critical. Our attorneys can review your case, identify potential defenses, and fight to protect your home.

Condo Association Disputes

While condominium associations share many similarities with HOAs, they operate under different legal frameworks and present unique challenges. The Florida Condominium Act (Chapter 718) provides specific protections for condo unit owners and imposes distinct obligations on condo boards.

Common issues specific to Florida condominium disputes include:

• —Maintenance Responsibility Disputes: Determining whether the association or the unit owner is responsible for repairs can be contentious, particularly for elements like windows, doors, balconies, and plumbing.
• —Special Assessments for Building Repairs: Following the Surfside tragedy, Florida has imposed new structural inspection and reserve funding requirements that have led to significant special assessments in many buildings.
• —Construction Defect Claims: Unit owners and associations may have claims against developers, contractors, or previous boards for construction defects in common elements.
• —Rental and Leasing Restrictions: Changes to rental policies can significantly affect unit owners' property rights and investment expectations.
• —Reserve Fund Disputes: Questions about whether reserve funds are adequate and being used appropriately are increasingly common under Florida's new reserve requirements.

Our condo association lawyers stay current on all changes to Florida condominium law, including recent amendments following the 2021 Champlain Towers collapse. We can help unit owners understand their rights and options under the current legal landscape.

Steps to Take When Facing an HOA Dispute

If you find yourself in a dispute with your HOA or condo association, taking the right steps early can significantly affect the outcome. Here's what we recommend:

• 1.Document Everything: Keep copies of all correspondence with the association, including letters, emails, and notices. Take photographs of any relevant conditions. Maintain a timeline of events.
• 2.Request Official Records: Under Florida law, you have the right to inspect and copy association records. Request copies of governing documents, meeting minutes, financial statements, and any documents related to your dispute.
• 3.Attend Board Meetings: Exercise your right to attend meetings and speak on agenda items. Your presence creates a record and may encourage the board to act more reasonably.
• 4.File a Complaint with DBPR: The Florida Department of Business and Professional Regulation (DBPR) handles complaints against HOAs and condos. Filing a complaint can sometimes prompt action.
• 5.Consult an HOA Attorney: Before the dispute escalates, speak with an experienced Florida HOA lawyer. Early legal guidance can help you avoid costly mistakes and protect your rights.

Why Choose Tollinchi Law for Your HOA Case

Homeowner association disputes require attorneys who understand both the law and the practical realities of community association governance. At Tollinchi Law, we bring a combination of legal expertise and real-world experience to every case.

• —Deep knowledge of Florida Statutes Chapter 718 and 720 governing HOAs and condominiums
• —Experience handling disputes in Miami-Dade, Broward, and Palm Beach counties
• —Understanding of both homeowner and association perspectives
• —Track record of successful outcomes through negotiation and litigation
• —Bilingual services—our team speaks English and Spanish fluently
• —Personalized attention to each client's unique situation
• —Aggressive representation when associations refuse to act reasonably

We understand that disputes with your HOA or condo association can be stressful and overwhelming. Your home is likely your most valuable asset, and threats to your property rights deserve serious attention. Our team is committed to providing the skilled representation you need to protect your rights and your home.

Ready to fight back against your HOA? Call 954-524-4100 or contact us online to schedule your consultation today.

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