So when I wrote my blog last week asking people what their problems are, I couldn’t help but think about all of the issues that can arise in a condominium or HOA. It’s almost endless. Here’s some issues that are routinely litigated or arbitrated:
faulty elections, failure to hold meetings, failure to post notices, failure to pass a budget, failure to pay assessments, failure to provide access to records, parking disputes, noise disputes, pet restrictions, emotional support animals, water leaks, failure to do the year end financial statement, failure to have or update the required website, material alteration disputes, contract disputes, disputes with the management company or manager and…. do we going to arbitration, mediation or court.
In addition, as a result of the new laws the past two years, now we also have:
A. FAILURE TO DO THE MILESTONE INSPECTIONS;
B. FAILURE TO MAKE THE REQUIRED REPAIRS;
C. FAILURE TO DO THE REQUIRED RESERVE STUDIES;
D. FAILURE TO FOLLOW THE REQUIREMENTS OF THE RESERVE STUDY.
And you wonder why The Florida Bar has made Condominium and Planned Development Law an area where Florida attorneys can get Board certified in? There’s simply a lot to know.
The question is……….what did I leave out? Post your answers below.
Written by Eric Glazer
There are two separate areas- condo associations and HOAs, While there are a few common issues they are so different that they should be handled separately, even on separate blogs and events.
HOAs: there is not one issue which is NOT a problem. The sole existence of HOAs is a problem.
The biggest issue is the lack of state regulation. Even the meager rights a HOA inmate has have to be litigated at enormous expenses. If you have the money to fight an HOA you do not have to live in one., you can buy a private lot and a custom made home.
Further, the 720 is catastrophic and getting worse, after a temporary improvement under governor Bush. Considered who controls the legislature I do not see any chance of improvement short of a referendum, which should be seriously considered.