Can A Florida HOA Sue A Homeowner?
Homeowners’ associations (HOAs) in Florida generally try to settle disputes with parcel owners via meetings or alternative dispute resolution options like mediation. If all other options have been exhausted, a homeowner may file suit against their HOA, but it is also more common for the HOA to file suit against the owner. There are several different reasons as to why this can happen, but some appear more than others. A board with no choice but to bring suit against a parcel owner can benefit from having a knowledgeable attorney on their side.
Dispute Resolution Is Available
When a person purchases a home in an HOA, they are implicitly (or in some cases, explicitly) agreeing to abide by the association’s conditions, covenants, and restrictions (CC&Rs). A failure to do so will usually draw the ire of the HOA board, though litigation is never the board’s first steps. Some of the common minor issues that can create disputes include parking restrictions, trash disposal policies, pet policies, and arguments with one’s neighbors, and most of these can be solved at an internal level. However, not every conflict can be settled so easily.
Larger arguments usually, though not always, originate over fee disputes. Whether an owner attempts to avoid paying back dues, or contests the imposition of special assessments, these situations can become highly charged. While some of these complaints can be resolved internally, it is this type of problem that most often is handled via alternative dispute resolution (ADR). ADR includes legal avenues for dispute resolution such as arbitration or mediation, and is sometimes successful at settling these issues between HOAs and their parcel owners.
If All Else Fails, Litigation – Or Eviction
While the strong majority of HOA-owner disputes can be settled internally or via mediation, some do persist to a point where litigation may be the board’s only option. In the most common type of HOA litigation, which involves unpaid dues or fines, a lien is placed on the owner’s parcel, which can then be foreclosed upon if the owner refuses to pay. That said, a lien can only be placed once payments become delinquent to a certain amount, and only then after notice has been provided to the parcel owner.
If the money owed to the HOA is not paid after the lien is placed, the board does have the right to begin the eviction process against the owner, though this is usually accomplished via foreclosure itself rather than by the standard landlord-tenant process. The property will be sold at auction if the lien is not lifted by the HOA, and the owner will be evicted as a matter of law. However, issues between HOAs and their owners do not often come to this. The right attorneys for both sides can help this scenario rarely come to pass.
Contact A Tampa HOA Dispute Attorney
HOA boards perform several crucial services for their communities, but when an owner refuses to abide by the rules, they have the right to seek the funds the association is owed. A Tampa HOA dispute attorney from the Seward Law Office can help you and your board determine how best to handle owner disputes with minimal time and trouble. Call our office today to schedule a consultation.
Source:
flcourts.gov/Resources-Services/Alternative-Dispute-Resolution
