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Statutory Violation
HOA violating Florida statutes? We hold associations accountable for breaking the law and protect your rights.
HOA Statutory Violations in Florida
Beyond a community's own documents, Florida statutes impose detailed obligations on associations. Chapter 718 governs condominiums and Chapter 720 governs homeowners' associations, setting rules for elections, meetings and notice, access to official records, budgets and reserves, assessments, and owner protections. When an association ignores these statutory requirements, owners have rights that exist independently of the declaration and bylaws. You can review these laws through the Florida Statutes.
Common statutory violations include refusing or delaying access to official records, conducting improper or inadequately noticed meetings and elections, failing to follow assessment and lien procedures, and ignoring reserve or budget requirements. Some violations carry specific statutory consequences, including potential liability and, in defined situations, owner remedies such as damages or recovery of fees.
Because these disputes turn on the precise language of the statute and the facts, careful documentation of the association's conduct is essential.
This is part of our HOA and Condominium Law practice. Related issues include board mismanagement and negligent spending. Review our case results, learn about Attorney Edward G. Jimenez, or request a free consultation by calling (321) 465-3425.
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The Statutes That Govern Associations
Florida condominiums operate under Chapter 718 and homeowners' associations under Chapter 720, with cooperatives covered by Chapter 719. These statutes establish mandatory rules that an association cannot waive away in its documents, covering records access, meetings, elections, finances, and owner rights. Knowing which chapter applies, and exactly what it requires, is the foundation of any statutory-violation claim.
Records, Meetings, and Elections
The most frequently litigated statutory duties involve transparency and process. Associations must keep and provide access to official records, give proper notice of meetings, and conduct elections according to the statute. Violations such as stonewalling a records request or holding a vote without proper notice are not just procedural technicalities; they can invalidate the action and expose the association to consequences. We document the request, the response, and the timeline to build the claim.
Pre-Suit Requirements and Remedies
Certain Florida association disputes must go through pre-suit mediation or arbitration before a lawsuit can be filed, and some statutory violations carry their own remedies, including the possibility of recovering attorney's fees for the prevailing party. We navigate these procedural requirements, pursue the remedies the statute provides, and hold the association accountable for breaking the law. Call Jimenez Legal at (321) 465-3425 or request a free consultation.
Frequently Asked Questions
HOAs and condominiums are governed by Florida statutes that set rules for records, meetings, elections, and assessments.
Denying records access, improper meetings or elections, and failing to follow assessment procedures are common examples.
Owners can demand compliance and, in many cases, pursue remedies including legal action under the statutes.
Certain Florida association disputes require pre-suit mediation or arbitration, which an attorney can navigate.
Keep written requests, the association's responses, and records showing the failure to comply.
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