HOA & COA Disputes

Tampa Bay Attorneys Experienced in HOA & COA Disputes

HOA & COA Disputes

Florida homeowner associations (HOA) and condominium owner associations (COA) are governed by an extensive set of laws and regulations and even federal laws. Consequently, HOAs and COAs should retain experienced counsel familiar with those laws and regulations. The Tampa attorneys at Lieser Skaff have represented numerous Tampa homeowner associations and condominium owner associations in various legal issues and disputes. The Board of Directors of an HOA or COA must manage the association’s finances, maintain the common areas and enforce provisions and requirements of the governing documents and Florida law. In carrying out these duties, an HOA or COA must also ensure that each property owner meets their financial obligations. Every HOA or COA should have legal counsel to provide advice and guidance to ensure that the HOA is operating in accordance with its governing documents and applicable law. Because the governing documents of each HOA are unique, it is important that counsel work closely and individually with the Association. HOAs often need legal advice with regard to issues such as:

  • Collection of unpaid assessments
  • Enforcing restrictive covenants
  • Election disputes and recall petitions
  • Litigation against the developer, unit or parcel owners, contractors, or vendors
  • Legal opinions regarding interpretation of governing documents or Florida law
  • General legal representation regarding administration of the association’s business
  • Arbitration and Mediation
  • Amendment and revision of governing documents

Our Tampa HOA attorneys can provide an efficient response and effective resolution to any problem your COA or HOA may be facing.

Blog Posts About HOA & COA Disputes

Fair Housing: Are You Up to Date on Criminal Background Checks?

April 17, 2020
Since 2016, landlords must follow HUD's Criminal Background Guidance when evaluating criminal background checks on applicants. The guidelines require an individualized assessment of applicants with criminal histories, considering factors like severity, time elapsed, and rehabilitation. Arrests without convictions cannot be used, and discrimination is prohibited. Failing to comply can trigger violations, lengthy investigations, and severe penalties.
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Tampa Bay Homeowners Have Limited Recourse When HOA Fails to Act

May 21, 2017
Homeowners frustrated by an HOA-owned abandoned property have limited options. They can informally raise the issue at an HOA meeting or contact the mortgage holder to request property maintenance. Formal options include recalling the board, suing the HOA for breach of fiduciary duty, and suing the homeowner; however, residents may incur legal costs.
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Protecting Lienors and Property Owners During Home Improvement

April 15, 2013
Construction lienors must serve a timely “Notice to Owner” to preserve lien rights while manufacturers of “specially fabricated materials” must follow similar, but different, rules. To protect against lien liability, property owners should record a Notice of Commencement as well as obtain lien releases and contractor affidavits before making payments.
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The Problems Associated With Chinese Drywall

October 3, 2012
Between 2004 and 2008, defective Chinese drywall containing phosphogypsum was used in the construction of homes in the U.S. (predominantly in Southeastern states), causing sulfur odors, corroded materials, and health issues, particularly in Southeastern states. Chinese drywall lawsuits and class actions have resulted in remediation, removal, and repair of the drywall; however, proving health claims remains challenging.
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