In Florida, homeowners’ associations (HOAs) have a lot of power, with the ability to regulate almost every facet of life for the association’s members, because when someone moves in, they are generally required to sign a form displaying the association’s covenants, conditions, and restrictions (CC&Rs). While the HOA can file suit against a homeowner who breaches the CC&Rs, there are certain situations in which homeowners are able to sue the HOA. Some may amount to nothing, but some homeowner issues can cause real problems for the association if they do not defend against them appropriately.
Discrimination Or Discriminatory Restrictions
One of the most common reasons for Florida HOAs to face lawsuits is alleged discrimination, either in policy, or in treatment. This is known as de jure vs de facto discrimination, and both are illegal under state law. More specifically, de jure discrimination is when a regulation is openly discriminatory against a person or group of people based on a protected characteristic like gender, race, or national origin. Conversely, de facto discrimination happens when a law or rule is made that may be completely neutral on its face, but in practice creates discriminatory treatment for a protected person or class.
For example, Florida’s fair housing law states explicitly that it is unlawful to “refuse to sell or rent […] to any person because of race, color, national origin,” or any other protected characteristic. This is de jure discrimination. However, if a Florida HOA institutes a policy requiring, say, a certain type of sidewalk or pathway to be installed on people’s property, it might be de facto discrimination if it winds up being impossible for disabled people to navigate (despite the requirement applying to everyone in the HOA).
Construction-Related Issues
Another extremely common reason that a homeowner will bring suit against their HOA has to do with construction – either over repairs, or over remodeling (for example, if the homeowner wants to modify their home in a way that may be against the CC&Rs). It is true that an HOA has a duty to its homeowners to maintain the premises in a reasonably safe condition, and repair disputes in particular can be serious – the argument can often be made that leaving repairs undone or half-done, especially in a public place like a common area, creates dangers that make the premises less than safe.
By comparison, remodeling disputes are often more complex, especially if the CC&Rs are silent as to the type of remodel the owner wants to perform. Generally, in Florida, an HOA can often deny an owner request if they believe the CC&Rs support them, but an owner can file suit against the HOA to compel construction to proceed. These suits can also encompass questions of contractors’ rights, fees, and overall liability in the event of something going wrong – all the more reason for the HOA to enlist an experienced attorney to make certain that the association’s covenants and restrictions are being enforced.
Call A Tampa HOA Attorney Today
Homeowners’ associations have duties and obligations that must be met, and in general, must deal fairly with their members. If your association has acted appropriately, but is still being sued, calling a Tampa HOA & condo association attorney from the Seward Law Office can be the first step toward protecting the association’s rights. Contact our offices today at 813-252-6789 to speak to an attorney.
Resources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.23.html
.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.303.html
https://www.sewardlawoffice.com/foreclosing-on-hoa-and-coa-liens-in-florida/
By Seward Law Office, P.A. | Posted on November 19, 2020
FAQs
A fiduciary breach in this area most commonly occurs when a board fails to enforce rules and regulations within their governing documents, fails to conduct needed inquires before investing community funds into a costly project, or failed to properly budget and plan for the current needs and future reserves of the ...
Can I sue my HOA in South Carolina? ›
Can you sue an HOA in SC? Yes. The HOA is a legal entity, meaning you can file suit against it if you believe it has infringed on your personal rights.
What power does HOA have in Georgia? ›
In Georgia, homeowners' associations have the authority to impose fines for the violation of its rules and regulations. Late fees for assessments and other reasonable fees mentioned in the association's governing documents are also permitted. If dues are not paid, a lien may be imposed on the property.
What is negligence in HOA in California? ›
Negligence – An HOA is responsible for maintaining communal areas such as swimming pools or meeting halls. If they fail to properly keep these areas in good repair and a resident is harmed as a result, the HOA could face liability for negligence. Often, these cases arise due to issues such as trip and fall injuries.
What types of actions constitute a violation of fiduciary duties? ›
In the event the fiduciary did act to benefit himself or herself at the expense of the beneficiary, was purposefully dishonest in their business practices, or did not otherwise live up to the duties of loyalty and disclosure, legal consequences can then result.
How do you prove breach of fiduciary duty? ›
The standard for proving a breach of fiduciary duty varies from jurisdiction to jurisdiction. Typically, a claim for breach of fiduciary duty includes four elements: 1) the existence of a fiduciary duty; 2) a breach of that duty (through an act or omission); 3) damages; and 4) causation.
How do I file a complaint against a HOA in SC? ›
If you wish to file a complaint regarding your HOA you may do so with the South Carolina Homeowner's Association Ombudsman with the South Carolina Department of Consumer Affairs.
How do I fight an HOA in South Carolina? ›
If the issue involves a monetary dispute, magistrate's court may be an option (https://www.sccourts.org/selfHelp/FAQMagistrate.pdf). You can also seek legal advice from a lawyer. The SC Bar has a referral service if you need help contacting an attorney. They can be reached at 1 (800) 868-2284 or visit lrs.scbar.org.
What power does HOA have in South Carolina? ›
In South Carolina, HOAs have certain rights and obligations. They have the authority to collect assessments and enforce community rules and architectural specifications. Moreover, they are required to keep communal spaces clean, perform necessary repairs, and arrange community events.
Why do HOAs have so much power? ›
An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives. CCRs exist apart from and in addition to local or city ordinances.
The HOA board president is vested with the same powers typically given to the chief executive officer of a corporation. This office should be the authority on the rules and laws that govern the board, handle procedural duties, and serve as the spokesperson for business matters.
Is there any way to get around HOA rules? ›
HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
Can I sue my HOA in small claims court California? ›
The answer is yes, as long as the dispute is for $10,000 or less (more on this below). Disputes with HOAs are very common in small claims courts. Here are some examples of small claims lawsuits against HOAs: The HOA is responsible for damage to your property.
What is the Davis-Stirling Act California? ›
The intention of the Davis-Stirling Act is to provide safeguards for members within community associations and to allow for self-governance by an elected board.
What are the damages for negligence in California? ›
Damages include the cost of your medical care, your lost wages and diminished future earnings, your pain and suffering, and damages to your property. Anything you've had to spend – your time, money, emotional labor – due to someone else's negligence, is referred to as damages.
What are the three breaches of fiduciary duty? ›
A breach of fiduciary duty in California happens when an individual or entity is in a position of trust and fails to act in their client's best interests. In California, the responsibility for proving a breach of fiduciary duty falls on the plaintiff (i.e. beneficiary, ward, advisee, client).
How serious is breach of fiduciary duty? ›
In the case of an executor or trustee, a breach of fiduciary duty may result in their suspension, removal and/or a surcharge – a court order requiring them to pay money damages for the harm caused by the breach. In the rarest of cases, fiduciaries can face criminal charges.
What happens if a fiduciary duty is breached? ›
Any fiduciary who breaches the fiduciary responsibility provisions of the Employee Retirement Income Security Act of 1974 (ERISA) is personally liable to make good to the plan any losses suffered by the plan and return all profits made through the improper use of plan assets.
What are the legal consequences of breach of fiduciary duty? ›
The most common penalty for a breach of fiduciary duty involves suspending or completely removing the trustee or executor, having them pay attorney fees and court costs, and having them return any stolen property. However, there can be more extensive and severe consequences.
