Association Law FAQs
What are the most common mistakes HOA boards in Florida make?
Many boards mishandle record-keeping, fail to follow meeting requirements, or enforce rules inconsistently. These mistakes can lead to lawsuits, member disputes, or state penalties. Training and legal guidance help boards stay compliant. Our article on common HOA board mistakes explains how to avoid these problems.
How can HOA boards enforce community rules without violating homeowner rights?
Boards must follow due process before issuing fines or suspensions. Florida law requires proper notice and an opportunity for the homeowner to be heard. Overstepping legal boundaries can invalidate enforcement actions. See our blog on enforcing rules legally for practical steps.
What is the difference between Chapter 720 and Chapter 718 of the Florida Statutes?
Chapter 720 governs HOAs, while Chapter 718 governs condominiums. Each statute has its own rules regarding governance, budgets, and enforcement. Understanding which statute applies ensures the board follows the right procedures. Our resource on HOA vs. condo law breaks down the key differences.
How do Florida associations properly conduct elections and board meetings?
HOA and condo associations must follow statutory requirements for elections, including notices, ballots, and quorum rules. Board meetings must also be announced and documented. Failure to follow these procedures can invalidate decisions. Our blog on conducting elections and board meetings explains how to comply with state law.
What authority do HOAs have over architectural review requests?
HOAs may regulate property appearance to preserve community standards, but restrictions must comply with Florida law and governing documents. Boards cannot impose arbitrary or discriminatory decisions. Our article on architectural review requests outlines what associations can and cannot enforce.
Can an HOA fine members in Florida?
Yes, but fines must follow statutory procedures. Homeowners must receive notice and the chance to attend a hearing before penalties are imposed. Improperly handled fines can be challenged in court. Boards should work closely with counsel to remain compliant.
Are Florida HOA board members personally liable for mistakes?
Generally, board members are protected by the association’s corporate status, but personal liability may arise for willful misconduct or gross negligence. Following procedures and seeking legal advice reduces this risk. Boards should also maintain director and officer liability insurance.
What records must Florida HOAs maintain?
Associations are required to maintain financial records, meeting minutes, governing documents, and other materials accessible to members. Failure to keep or produce records can result in penalties. Transparency helps build trust and reduces disputes.
How do HOAs handle disputes with homeowners?
Disputes may involve mediation, arbitration, or litigation depending on the issue. Florida law requires certain disputes to go through alternative dispute resolution before court action. Boards benefit from resolving conflicts early to reduce costs. Legal counsel helps select the right path.
What happens if an HOA violates Florida statutes?
If boards fail to comply with statutory duties, members may challenge their actions in court. Noncompliance can result in invalidated decisions, fines, or liability for damages. Consistent training and attorney oversight help avoid violations.
Why should Florida HOAs and condos work with an association law attorney?
Association law involves complex statutes, governing documents, and member rights. Attorneys ensure boards comply with legal requirements, enforce rules properly, and reduce liability. Legal support helps associations function effectively and avoid costly disputes.
