Understanding Homeowners Associations Regulations in Florida: A Comprehensive Guide

The Office of the Condominium Ombudsman is a government agency established to regulate Florida's residential communities and oversee, among other things, education, complaint resolution, mediation and arbitration, and the disclosure of information. In addition to laws that apply specifically to condominiums and Homeowners Associations (HOAs), Florida associations are affected by several federal and other state laws of general application, depending, in part, on the structure of the association. The Florida Homeowners Association Act, Florida Seq., specifically applies to not-for-profit organizations that operate residential HOAs in Florida. Florida not-for-profit corporations are governed by the Florida Nonprofit Companies Act when it comes to corporate structure and procedure.

Condo associations can be organized as for-profit or non-profit corporations. Although not as detailed as the HAA, the Cooperative Act provides for the creation of cooperatives, limitations on the management of cooperatives, and the rights of owners. Florida cooperatives can be organized as for-profit or not-for-profit corporations. According to the Florida Homeowners Association, an association may incur legal liability for taking an adverse action that affects a person's right to buy, rent, or enjoy the use of real estate depending on that person's membership in a protected class.

The Florida Consumer Collection Practices Act (CCPA), Florida is administered by the state's Financial Services Commission. These companies, along with those in our supplier directory, offer outstanding products and services for homeowners associations. At any time, homeowners, and even prospective landlords, have the right to consult community documents, such as agreements and restrictions, community statutes, and even the association's financial information. Homeowners facing potential collection action should understand how the HOA collection process works and the legal rights and compensation available to both homeowners and the association.

Instead of going to court right away, in most cases landlords must first attend a mediation session with the condo association or the HOA in order to resolve the dispute. Any owner who has a good reputation with the association can be present during board meetings, even if he is not a member of the board of directors. The firm represents community associations throughout Florida and focuses on condo and homeowner association law, real estate law, litigation, estate planning and commercial law. The complexities of Florida Housing and Condominium Association laws make it difficult to analyze all rights and obligations of associations and their tenants.

In most disputes between homeowners or condo associations, unit owners cannot immediately sue their associations. Homeowner associations (HOAs) and condo associations may end up in potential legal conflicts with their residents from time to time. Having an attorney with experience in disputes between homeowners or condominium associations will be a big help since they are likely to have represented owners of units or associations in a similar case.

Kevin Gilstad
Kevin Gilstad

Award-winning social media nerd. Freelance coffee expert. Professional bacon expert. Professional web scholar. Devoted tv practitioner. Extreme social media enthusiast.