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Real Estate

Homeowners' Association Law

A Homeowners' Association (HOA) is a legal entity that governs a subdivision or planned community. HOA membership is mandatory for all property owners within the development. The HOA is run by a board, which is bound by the HOA bylaws, and board positions are filled by election or appointment. The HOA collects a fee assessment from all owners to maintain common areas, address legal and safety issues, and enforce restrictions that are applicable to that particular residential area. The HOA also provides residents with a platform to address common concerns of the community.

Rights of owners

Owners in homeowners' associations have those rights provided for in the documents of the association, together with the right to peaceably assemble, display a flag, and participate in public debate and proceedings.  Moreover, members have the right to attend, participate and record meetings, and to have annual elections.

Rights of the association

The association has the right to assess, and if appropriate, also impose fines and liens.  Moreover, associations have the right to enter into contracts and to enforce their rights through boards and committees. 

Because unresolved disputes or financial problems can directly impact the joy and financial reward everyone reaps from property ownership, it is important to work with a skilled lawyer who thoroughly understands Florida homeowner association law and is committed to a prompt response that finds an effective solution. At RICE & ROSE, our HOA lawyers provide skilled representation for both associations and unit owners.

RICE & ROSE HOA services include, but are not limited to:

  • Governing Document Amendment, Revisions and Interpretation
  • Covenant and Rule Enforcement
  • Collection of Delinquent Assessments
  • Foreclosures
  • Contract Drafting and Review
  • General Civil Litigation, Arbitration and Mediation
  • Insurance Coverage Issues
  • Turnover from Developer Control
  • Construction Defect and Developer Warranty Enforcement
  • Corporate Mergers
  • MRTA Preservation and Revitalization
  • Construction Liens

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