Can I Take Legal Action Against My HOA?

Can I Take Legal Action Against My HOA?
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You can take legal action against your homeowners’ association (HOA) for a variety of reasons. If you have a possible cause of action against your HOA, a lawyer from our firm who is familiar with state and local laws and ordinances can help you establish your right to pursue compensation or to enforce needed changes and help you build a strong evidence file. The lawyer who represents you can also help you negotiate with your HOA or their representative.

Our lawyer will typically strive to resolve your issues and concerns with an out-of-court agreement. If it becomes necessary to take your case to court, our lawyer can help you gather and organize supporting evidence and present it in court. They will read and review relevant contracts and paperwork, explain your rights, and ensure the HOA complies with its responsibilities.

If you’re ready to learn more, Bogin, Munns & Munns offers free consultations. We are waiting for your call.

Common Reasons You Might Take Legal Action Against Your HOA

Contract disputes and the use of unsuitable building materials that cause foundational and other structural concerns are common complaints of HOA homeowners.

HOA homeowners are required to comply with all documented regulations. Similarly, HOAs are required to fulfill their side of the contract including making timely repairs and enforcing the rules that make homeownership beneficial to all.

Reasons homeowners might take legal action against their HOA include:

Personal Injury

Accidental injuries and property destruction caused by negligence on the part of the HOA. These include improper maintenance and flawed or faulty repairs that lead to accidents. If you become our client, our lawyer can help you prove the cause and the resulting costs of an accident and seek compensation from the HOA or their insurer. Florida Statutes § 95.11(3)(a) only gives you 4 years to file a claim so do not wait to contact us.

Misappropriation of Funds

The fees HOA homeowners pay to the association are intended to cover maintenance, upkeep, and other valid expenses. When your fees are being used for unscrupulous reasons, we can help you prove it. We can also help you ensure future expenditures are valid and go toward improving the association.

Renovation Disputes

Part of homeownership is making your home fit your personality and personal preferences. When your HOA refuses a request to modify the interior, exterior, or landscaping, it can lead to an ongoing dispute. One of our lawyers serving your area can help you understand your rights, responsibilities, and limitations. They can also help you negotiate an agreeable resolution for both parties.

Improper Maintenance

If your HOA home is suffering from a lack of proper maintenance, it could mean common areas like playgrounds and gyms do not live up to expectations. Some exterior maintenance issues can affect your home by causing damage to your foundation or by making the area unsightly or unsafe. An HOA lawyer from Bogin, Munns & Munns can clarify the association’s responsibilities and help you enforce appropriate and necessary maintenance.

Harassment or Discrimination

HOA’s are built on rules and regulations that make homeownership pleasant for everyone. If your HOA, however, or an HOA you wish to join, has regulations in place that are clearly discriminatory, a lawyer can help you prove they violate your rights as a member of a state or federally defined protected class.

To consult with an experienced personal injury lawyer today, call 855-686-6752

How an HOA Lawyer Can Help Build Your Case

Pursuing your HOA on your own can be difficult and frustrating. Our Lawyer serving Central Florida can handle your case for you, clarify all legal parameters, and ensure all relevant timelines are met.

The lawyer who represents you can also:

  • Identify the HOA’s responsibility to you as a homeowner
  • Review pertinent documents and HOA contracts
  • Document recent amendments to HOA policy
  • Issue relevant notifications and warnings
  • Manage all case-related communication
  • Negotiate preferred resolutions on your behalf

Your lawyer will also provide you with ongoing updates on the progress of your case and help guide you toward a favorable resolution. If your case has to go to court, your lawyer will represent you and help you keep fighting for the best possible outcome for you.

Documents and Evidence That Support Your Case

Your HOA agreement is likely to be one of the first documents our lawyer will request because it forms the framework of your understanding and agreement. Additional evidence our lawyer will collect for you can include:

  • Proof of the HOA’s failure or negligence
  • Testimonials from fellow homeowners
  • Security and other photos and videos

Our lawyer will typically handle evidence collection for you. They will also help you use this collection of evidence to compel the HOA to live up to its responsibility.

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Get Help Pursuing Your HOA

One of the best ways to understand your case and its possible outcomes is to schedule a review with our consultation team. We will listen to the circumstances of your current situation concerning your HOA. We also make sure you understand our plan of action and your possible outcomes.

Contact one of our Bogin, Munns & Munns team members to schedule your case review today.

Call or text 855-686-6752 or complete our Request a Consultation form

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Request a consultation by filling out the form below, or call us at 855.686.6752. We have over a dozen offices located in Orlando and across Central Florida. We’re happy to answer any of your questions.