In this article, you will discover:
- Common issues between property owners and their HOA/CA
- HOA right to file liens on property
- How issues between property owners and HOA/CA can be resolved
We represent the associations ordinarily, so we are not usually involved from an owner’s perspective. We make ourselves available though. We might work with individuals against the association when we know that we most likely will never work with that association, so we look at it on a case-by-case basis. If we work that association, then there would a conflict, and we would not represent the individual.
What Are Some Of The Most Common Issues Between Property Owners And Their Homeowners’ Association Or Condo Association In Southern Florida?
Some of the more common issues between property owners and their HOA or CA are that they make too much noise, have domestic issues that occur amongst neighbors, or have someone take their assigned parking space(s). You can think of the condominium areas like a small city, and there are the same arguments that constituents have with their politicians and their city.
Many people do not always know their obligations under the condominium declaration or the homeowner’s association declaration, so they might make complaints that are not upheld according to the HOA/CA rules. There are obligations that both the homeowner and the association are responsible for. It is the homeowner’s responsibility to educate themselves. When they do not do that, they might find themselves frustrated because of an issue that really is their own fault. One example is that owners often think they do not need insurance because the association already has insurance. When something happens in their unit, they realize that they do need their own insurance.
Can A Homeowners’ Association File Liens For Unpaid Assessments And Fines In Florida?
Yes, not only can they file liens, they can also take your home from you. Most people do not realize that associations have the same rights that banks have, except that they can move quicker and faster than banks can. When a client buys a condominium, I sit down with them to make sure that they are aware that they must make sure that their maintenance payments stay up to date. If they fail to do so, then the association can and will lien them. This could eventually lead to foreclosure by the association.
Can Issues Between Property Owners And HOA Or Condo Associations Be Settled Without Going Into Litigation?
Yes, issues between the property owners and HOA/CA can be settled without going into litigation. There is often a requirement to go to arbitration through the Division of Condominiums in the state of Florida. This is an alternative dispute resolution where an agency will try to resolve the issue between the owner and the association. There are other issues that fall outside of the jurisdiction of the Division of Condominiums arbitration section that would require one to go directly to litigation. Like all other matters, one might still discuss and negotiate to settle outside of court.