Filing an Official Complaint It is entirely possible for a resident to represent herself in negotiations with and in filing a complaint against an HOA or condo association. Residents may file a inium/Cooperative Complaint Form (PDF) directly with the Division of Florida iniums, Timeshares and Mobile Homes.
First, you need to go through the dispute resolution process as outlined in Chapter 720. This includes filing a written complaint with your HOA's Board of Directors, going through a mediation process, and then potentially taking the case to court if you cannot come to an agreement.
Florida homeowner associations have the authority to regulate common areas, collect charges to maintain these areas, enforce community covenants, and impose fines or liens against non-compliant homeowners, all within the limits of Florida law and their own governing documents.
In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years. The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago.
Like many personal injury cases, your case against the HOA starts with a complaint of injury. A lawyer in your area can help you establish your case, prove the HOA's liability, and send an initial demand letter. This letter will outline your case and the costs associated with your injuries and property damage.
Filing an Official Complaint Residents may file a inium/Cooperative Complaint Form (PDF) directly with the Division of Florida iniums, Timeshares and Mobile Homes. Hardcopies of the form can be obtained by calling 1.800. 226.9101 or 850.488. 1122.
Exact steps to take to fight HOA fines: Research Your HOA's Regulations and Guidelines. Understand Your Rights as The Homeowner. Contact Your HOA. Prepare Your Appeal. Attend Your Appeal Meeting. Await the Decision.
Filing an Official Complaint Residents may file a inium/Cooperative Complaint Form (PDF) directly with the Division of Florida iniums, Timeshares and Mobile Homes. Hardcopies of the form can be obtained by calling 1.800. 226.9101 or 850.488. 1122.