Law Office of Ryan S. Shipp, PLLC

Do you know what your HOA can and cannot do?

If you live in a Florida neighborhood with a Homeowners' Association, you would be wise to know where your rights as the property owner end and those of the HOA begin. This is useful knowledge to have in case you find yourself in a situation in which you disagree with an HOA decision or regulation that affects your ability to use and enjoy your property. 

The HOA exists to protect the overall interests of the neighborhood. Volunteers from the neighborhood generally comprise the leadership of these organizations, and their job includes things such as the management of common areas, pool cleaning and landscaping parts of the neighborhood property.

What you need to know about your HOA

Your HOA will develop its own rules and regulations in its covenant. For most HOAs, the regulations will include provisions for the following:

  • Architecture, such as the height of fence or storage units in yards
  • Responsibilities of residents, such as payment of fees and penalties for violating rules
  • Behavior of residents in common areas, such as the pool or playground

There are times in which an HOA oversteps it bounds or imposes rules that are unfair or unreasonable. If you have an issue with a regulation in place from your HOA or you are facing penalties you do not deserve, you have rights and options. 

You may decide to take this issue up with the HOA board of directors yourself, but it is useful to first familiarize yourself with the terms of the HOA and the agreement you signed when you moved into the neighborhood. However, there are times that a dispute with your HOA could necessitate legal action. You may find it useful to seek a full understanding of your rights and options before you move forward with the next step.

Lobby for change; protect your rights

One of the most practical options for a person who does not like the way an HOA operates is to find a way to get on the board. However, there are times that a solution is not that easy and a legal resolution is the only way to secure a positive outcome for you and your family.

You have rights as a homeowner, and an HOA may not compromise your rights or your property interests in a way that oversteps their bounds. If you have issues with your HOA, it could be prudent to simply seek an evaluation of your case to find out what you should do to shield yourself from further complications.

No Comments

Leave a comment
Comment Information

Law Office of Ryan S. Shipp, PLLC | 814 W. Lantana Rd., Suite 1 | Lantana, Florida 33462 | Phone: (561) 699-0399 | Map & Directions