HOA Issues

Homeowners Association (HOA) Issues

Disputes with a homeowners association (HOA) often extend beyond minor disagreements—they can lead to legal claims affecting your property rights, marketability, and overall home value. Issues like improper liens, disputed assessments, and unauthorized rule changes can create serious real estate complications. Whether you’re a homeowner or part of an association board, it’s essential to understand how Florida real estate law governs these matters.

An HOA attorney plays a critical role in protecting your real estate interests. Legal support ensures compliance with Florida’s statutory requirements, clarifies obligations under governing documents, and provides options when disputes threaten property use or ownership. Attorneys also help avoid legal missteps resulting in liens, title defects, or failed transactions.

At CAVA Law, LLC, we focus on real estate law and the many issues between homeowners and associations. Our Coral Gables-based firm advises clients across South Florida on disputes that impact their property rights, including enforcement actions, lien challenges, and governance concerns. We offer strategic, responsive representation tailored to your specific situation.

Understanding HOA Disputes as Real Estate Conflicts

Most HOA disputes involve a core real estate issue. From architectural restrictions to assessments for shared infrastructure, these conflicts directly affect the use and value of residential property. For example, a violation notice related to an exterior improvement might halt a home sale. An improperly filed lien could cloud the title and prevent financing. These are not just association issues but real estate problems with legal consequences.

Our role is to assess the legal impact of HOA actions on your property and determine whether those actions comply with Florida real estate and association laws. We review governing documents, examine title records, and evaluate whether procedural rules were followed. This approach allows us to respond quickly and effectively, whether the goal is resolving the issue quietly or taking it to court.

Enforcing and Defending Rights Under the HOA’s Governing Documents

HOAs must follow the terms of their declarations, bylaws, and covenants—legally binding documents recorded as part of your real estate title. These documents carry the weight of contract law and must be enforced according to Florida statutes. If your HOA imposes a restriction or assessment that lacks authority under the governing documents, that action may be unenforceable.

We help homeowners contest improper fines, excessive assessments, and selective enforcement. We advise on compliance enforcement procedures for associations and help reduce legal exposure during disputes. Because these documents impact the legal status of the property itself, our review focuses on long-term implications, including how violations or unpaid assessments could affect resale or refinance options.

Handling Liens, Assessments, and Foreclosure Actions

Florida law allows HOAs to file liens for unpaid assessments, which can interfere with real estate transactions and even result in foreclosure. When handled improperly, these filings can lead to legal exposure and title complications. We represent homeowners challenging the validity of liens, disputing amounts, or seeking a resolution that protects their property rights.

We provide legal guidance for association boards to ensure that lien procedures and assessment enforcement follow Florida’s statutory requirements. Any procedural misstep can invalidate the action and open the door to disputes. Our approach focuses on resolving these matters in a way that avoids prolonged litigation and limits risk to the property.

Disputes That Impact Marketability and Property Use

HOA rules often dictate what homeowners can build, how they can use their property, and even whether they can lease it. These restrictions can limit resale value, block intended improvements, or interfere with investment strategies. If a rule change is adopted without proper notice or violates Florida law, homeowners may have grounds to challenge it.

Our firm assists in reviewing new or revised restrictions to determine their enforceability. We advise on grandfathering protections and whether restrictions can legally apply to existing owners. We provide guidance on proper rule adoption and amendment processes for boards to ensure legal standing.

Legal Support for Board Governance and Elections

Boards are responsible for running the association in accordance with governing documents and Florida statutes. Poorly managed elections, lack of transparency, or failure to maintain meeting records can lead to disputes that impact community stability and property values. We help board members understand their legal responsibilities, structure valid meetings, and avoid procedural errors that can result in litigation.

For homeowners concerned about board decisions, we evaluate whether the board acted within its legal authority and whether appropriate remedies exist. When disputes escalate to litigation, we’re prepared to represent either side, clearly focusing on protecting real estate interests throughout the process.

Frequently Asked Questions

Can an HOA lien stop me from selling my home?

Yes. An active HOA lien can cloud the title and delay or prevent a sale until it’s resolved. We help review lien validity and negotiate releases to clear the title quickly.

Are HOA covenants legally binding in Florida?

Yes. Recorded HOA covenants are part of the property’s chain of title and enforceable under Florida real estate and contract law, provided they follow statutory requirements.

Can the HOA foreclose on my property?

If assessments go unpaid and proper notice is given, Florida law allows HOAs to pursue foreclosure. However, certain defenses may apply depending on how the debt and lien were handled.

How can I dispute a fine from my HOA?

You may request a hearing or challenge the fine based on the HOA’s governing documents and Florida law. We help evaluate whether the fine is enforceable and if procedures were followed.

Protecting Your Property from HOA Legal Issues

Disputes with an HOA can have consequences—lien filings, blocked sales, legal fees, and diminished property value. These issues are not just administrative—they are deeply connected to real estate ownership and your legal rights.

At CAVA Law, LLC, we focus on resolving HOA disputes with attention to real estate law. We take the time to understand your goals and evaluate how the association’s actions may affect your property. Our advice is grounded in experience and continuously aligned with Florida statutes and recorded instruments.

If you’re facing a legal issue involving your HOA, we’re ready to help. Visit CAVA Law, LLC to learn more, or contact us today to schedule a consultation.