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Homeowners’ rights in communities managed by a homeowners association (HOA)

On Behalf of | Jun 17, 2021 | Residential Real Estate |

HOA’s are organizations that make and enforce rules for properties and their residence. Once a property is purchased that is under HOA control, membership is automatic and owners are obligated to pay fees, or “HOA dues.” Dealing with an HOA can be a great experience…until things turn sour. It’s important to know your rights as a homeowner.

Although there are numerous laws that HOA’s fall under, there isn’t a specific agency that enforces Florida HOA statutes. This often leaves HOA’s to overstep their legal boundaries. Florida laws give clear guidelines and limitations as to what an HOA can and can’t do.

Homeowners’ rights under Florida law

Even though HOAs are powerful, you still have certain rights. These include:

  • Disposition: Homeowners have the right to sell or rent their property to another person as long as there isn’t a lien.
  • Control: Homeowners have the right to use their property in any way that they see fit, as long as it doesn’t break state and local laws and is following HOA community regulations.
  • Possession: Homeowners hold the title to their property and not the HOA.
  • Exclusion: Unless a warrant or court order is served, a homeowner has the right to control who enters their property.

Additional legal rights

Furthermore, homeowners have additional legal rights to:

  • Change HOA rules according to its charter and procedures
  • Contest fees and fines imposed by the HOA
  • Access HAO financial reports and documents
  • Request disciplinary hearings when facing disciplinary actions by the HOA
  • Sue board members and Community Association Managers (CAM)
  • Display an American flag, according to the Freedom to Display the American Flag Act of 2005
  • Have reasonable access and the use of service animals for homeowners with disabilities, per the Fair Housing Act
  • Not be discriminated against, per the Fair Housing Act
  • Use solar panels, clotheslines and satellite dishes
  • Cultivate native plants that don’t conflict with the landscaping design of the community

If you feel that an HOA has overstepped its legal bounds and infringed upon your rights as a homeowner, hiring legal counsel that is experienced with real estate litigation is a must.