Skilled Lawyers for Failure to Repair and Failure to Maintain HOA Cases
Serving You and The State of Florida
Florida has some of the most comprehensive and complex HOA regulations and guidelines of any state in the US. There are many neighborhoods and communities all over Florida that are cared for and governed by an HOA, and the array of different regulations and rules that these entities impose on residents can vary. When you own a house in a community that is HOA-governed, you are trading a monthly fee for the promise that the HOA will take care of common areas and keep the community looking its best.
When the HOA in your neighborhood stops caring for items that need repairs and ceases to perform maintenance on common areas and structures, the support of a skilled lawyer can be needed to rectify the issue. The team at Lopez Law Group has years of experience in resolving failure to repair and failure to maintain cases for homeowners all over Florida. If you are struggling with your HOA’s lack of action that has led to the neglect of your community, you will want to talk to Lopez Law as soon as possible to secure the legal support you need to correct this problem.
What is the Duty of an HOA to the Community?
One of the primary duties that an HOA is required to perform is maintenance and care for the neighborhood’s common areas. These common areas are paid for with your HOA dues and fees, which are intended to be collected with an eye toward their upkeep. The main duty of the HOA is to keep the neighborhood looking its best and to maintain common spaces, the details of which are laid out in Fla. Stat. § 718.113.
There are various ways that community members can seek a solution to this kind of problem, but sometimes the HOA is unresponsive to requests for this issue to be resolved. There might be issues within the HOA’s leadership that are causing this neglect, or in some cases, the lack of care for the neighborhood is related to serious problems like embezzlement of funds by someone associated with the HOA board or officers.
When the HOA is no longer providing the duty of care that they are required to give to the community, you will want to be sure to secure skilled legal support to rectify the issue.
Can I Sue the HOA?
This is one of the most common questions that is asked when an HOA quits caring for a neighborhood. The answer to this is complicated and can relate to the kind of issues that are being caused by the HOA’s negligence. If there have been injuries caused by the inaction of the HOA, you could have the right to sue under personal injury law. However, the terms of your unique HOA will matter greatly when it comes to determining which kinds of actions can be taken against them in these cases.
The HOA does have a legal duty to act according to the bylaws that were created when the neighborhood was formed, but these bylaws might remove their responsibility for injuries and other problems that have happened in or around neglected structures and common areas.
In many cases, you can sue the HOA for breach of contract if they are not responsive to requests for repairs and maintenance that are being paid for by HOA dues. There might also be cause to sue for breach of covenant or for discrimination if this has been a factor in the case. These kinds of cases can often be heard in small claims court successfully, but that does not mean that you should assume that your case will be best heard in this low-level court.
Can the Community Just Take Care of the Maintenance Issue?
In the case where there is an HOA that is in charge of a neighborhood’s common area maintenance and repairs, the community is actually not allowed to take action to resolve issues without the permission of the HOA board. This can lead to difficulties with hiring new maintenance staff, and it can also lead to complex disputes between the residents and the HOA if the neighbors choose to take action without the permission of the HOA.
It is always best not to remediate issues in your neighborhood on your own, even if they relate to safety. You might actually end up causing the HOA to take legal action against you for violating neighborhood rules if you decide to resolve an issue related to maintenance on your own. Make sure that you get the advice of a lawyer before you take any action to resolve problems with safety or maintenance in your neighborhood to protect yourself from legal action taken by the HOA.
How Can a Lawyer Help?
When you secure a skilled lawyer who is familiar with HOA rules and laws, you will be getting the support that you need to verify the HOA bylaws and the responsibilities of the HOA board. Your lawyer can help you to pursue the right course of action to resolve the dispute between the community and the HOA for the most effective resolution to the issue. Lawyers with experience in the area of HOA bylaws and actions can help you to seek a resolution without losing time on actions that do not generate results.
Your lawyer can also help you to work with the board to remove a member that is not taking care of the community or to resolve and report issues related to things like embezzlement or other misuses of HOA funds. There can be layers of problems that need to be resolved to get your HOA back to working hard for the community, but a skilled lawyer can help unravel the problem and seek solutions.
There are usually some guidelines in the bylaws to help community members to address inaction on the part of the HOA, but these guidelines will not cover every kind of problem that can come up. When you have taken the preliminary steps to take action against the HOA on your own without success, a lawyer is often needed to get the ball rolling toward a resolution. Suing the HOA might be in your best interest, but there can be other ways to compel the board to take action and solve the problems that are leading to neighborhood neglect.
Working With a Skilled Legal Team Can Make All the Difference
If you have been struggling with your HOA to try and get necessary repairs and maintenance done, don’t go it alone. You can get the help that you need to address this issue by securing the support of the skilled team at Lopez Law Group. HOAs are required to take care of your neighborhood by law, and a skilled legal professional can help you to compel the HOA to take care of their responsibilities and respond to neighborhood residents’ demands.
If you are ready to get the help that you need to resolve your problems with your HOA, you need to reach out to Lopez Law today. We can schedule a consultation and get started working on the resolution to your neighborhood’s HOA problems right away.
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What Our Clients Say
Mr. Lopez was a Godsend and really helped me with my situation. Him and the entire firm were very diligent and helped speed the early stages of the process along due to a pressing situation. Throughout my experience working with the firm, they were always responsive and available any time I had a question or wanted to check on the state of affairs. Hopefully I won’t have to recommend Lopez Law Group to my friends or family, but if those unfortunate circumstances arise then there’s only one name I would trust. Thank you again for all your help!