You can sue your Florida homeowners' association (HOA) for negligence if you or a loved one was injured because of flawed, faulty, or negligent repairs or security.
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.
A Florida Lawyer Can Help You Make a Formal Complaint in Writing. 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.
Homeowners within the community elect a board of directors to oversee the association and enforce the community's CC&Rs (covenants, conditions, and restrictions).
The Florida Department of Business and Professional Regulation's (DBPR) CTMH Division oversees five program areas: iniums, cooperatives, timeshares, mobile homes, and yacht and ship brokers and salespersons.
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.