When it comes to residential properties, there are two main types of associations: homeowners associations (HOAs) and condominium associations. While both types of associations are responsible for governing the issues of a property development owned by multiple parties, there are some key differences between them. Typically, an HOA oversees single-family homes in planned developments, generally comprised of lots and individual homes. By contrast, condo associations manage common structures with several units, such as apartments and townhouses.
The scope of ownership is a little different with homeowners associations. With an HOA, each member is the owner of their individual property and lot. However, the common areas are owned by the homeowners' association itself, which means that there are no co-ownership interests in the common areas. The HOA can be a completely independent entity or it can be owned by the community developer.In addition to the usual rates, HOAs can also impose special fees on homeowners when the association lacks sufficient reserves to pay for unexpected repairs to common areas, such as sidewalks or parking lots.
The main difference between them and homeowners' associations is that homeowners' associations can include anyone in the community who has an interest in the value of the community's real estate, including people who do not own homes.From time to time, HOAs and condo associations end up in potential legal conflicts with their residents. These disputes between homeowners or condo associations can often be resolved by other means besides going to court. While residents can represent themselves in these disputes, hiring an attorney with experience handling similar cases has several advantages.Recently, I have been receiving a large number of calls from landlords and condo owners in Boca Raton, Fort Lauderdale, Miami, Aventura, Naples, Sunny Isles and other cities in Florida. If you live in a condo in any of these cities, it is likely that you have had a dispute with your condo association or that they have had it with you.The complexities of the Florida Housing and Condominium Association laws make it difficult to understand the details of those and other rights and obligations of associations and their tenants.
As a Florida lawyer who specializes in representing condo owners and landlords involved in disputes with their associations, I get calls every week from landlords who are unsure if they should hire an attorney “now” or wait and see how things go.The electrical engineer joined a group of homeowners and solar energy advocates calling on Minnesota legislators to support a bill that would allow homeowners associations to regulate, but not prohibit, the installation of solar thermal panels in single-family homes.It is important to understand the differences between HOAs and condo associations so that you can make informed decisions about your rights as a homeowner or landlord. If you have any questions about your rights or obligations as a homeowner or landlord in Boca Raton, contact an experienced Florida lawyer who can help you understand your rights and obligations under Florida law.
