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Do I have the right to challenge my HOA/COA in Florida?

By: LS Carlson Law October 27th, 2022

In Florida, an owner is legally allowed to bring pre-litigation disputes and/or lawsuits against an association. Any owner, as proven on the property’s deed, is typically classified as a “member” of an association. If the member wants to challenge and/or sue an HOA or COA, Florida law allows the member to have certain rights against them.

Association’s Board members have a duty to act in the best interest of the members of the association and enforce its Governing Documents fairly and equally. Theses duties can also arise separately within the Florida Condominium Act (Chapter 718) or the Homeowners Act (Chapter 720). Common claims that homeowners or condominium owners can sue his/her association for are breach of fiduciary duty, breach of covenants, breach of contract, negligence, misappropriation of funds, harassment, discrimination, embezzlement, theft, or fraud.

Ultimately, your legal right to confront your HOA or COA may depend on the specific type of challenge or dispute. In July 2021, Florida law changed to provide more options to the party who is submitting the challenge. Currently, if your dispute is related to covenant enforcement and/or the Association’s failure to comply with certain provisions within the Governing Documents, then you may have the option to immediately file the lawsuit in court, demand a mediation or seek arbitration. However, if your legal dispute squarely relates with an election or recall, then your legal rights remain available but limited to in how you proceed procedurally.

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