Most buyers purchasing property in deed-restricted communities are drawn by the uniformity of appearance and use guidelines governing the neighborhood. Owners may also benefit from access to regulated common areas and amenities, community maintenance, and emergency protections. Florida leads the United States in community association membership with almost 48,000 community associations across the Sunshine State.
Despite the complex nature of restrictive convents and community ownership, volunteers run most HOAs. These unpaid owners are seldom attorneys. Instead, they’re community owners committed to maintaining the quality of their homes. They deserve the same right to quietly enjoy their property as the remaining association members, but it’s difficult when they have the thankless task of enforcing community by-laws and covenants. An experienced Florida HOA lawyer can draft, interpret, and even enforce community association restrictions.
An HOA attorney is especially important during fee enforcement proceedings and financial disputes. Having a neutral party handle defaulting members promotes neighborly cohesion while protecting the legal rights of all members. Most owners don’t relish confronting their neighbors about financial reproductions. HOAs may place a lien on the property of a member who fails to pay dues, which requires the assistance of an experienced attorney.
A qualified Florida HOA attorney can also answer common legal questions board members cant. HOA membership disputes often involve matters of contract interpretation, which is reserved for attorneys. Non-lawyers cannot advise owners as to the legal interpretation and enforceability of HOA provisions, but experienced Florida community association attorneys will be familiar with HOA-specific case law. Florida is on the forefront of community association law, which means thousands of community association cases are litigated in Florida courts each year.