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The Florida Homeowners' Association Act (HAA), Fla. Stat. §720.301, et. seq., governs the formation, management, powers, and operation of HOAs in Florida.
Your relationship with your HOA or housing development is not a one-way street for lawsuits. Just as they can potentially sue you, you can also sue them. Here are five common reasons you may want to sue your HOA: Harassment or discrimination.
One of the most important Florida board member requirements is to obtain a certification. This is to ensure all board members are up to speed on applicable regulations.
In the State of Florida, three is the magic number. No matter the size of your association, your board must have at least three members, with the number stated in your articles of incorporation or bylaws.
You Have a Right to Sue If you have approached the HOA about their failure to maintain the grounds and you have not received an adequate response, then you can file a lawsuit. This is your right, and you don't need the consent of the other condo owners to hire a Florida condo attorney and take legal action.
Even though Board members have a fair amount of protection under the law, it is actually a fairly common occurrence in Florida for Board members to be brought into lawsuits as direct Defendants.
HOA board fiduciary responsibility prevents board members from making decisions to further their personal interests. Board members must also avoid an HOA board of directors conflict of interest. This includes choosing a family-related vendor or voting on issues with a bias.
A: Yes. Any time a quorum of the board meets to discuss association business, a board meeting occurs. Generally, board meetings are open to unit owners, subject only to two exceptions.
The Florida legislature has incorporated the fiduciary duty rule in both the HOA Act and the Condominium Act, both of which expressly state the officers and directors of an association have a fiduciary relationship to the members who are served by the association.