Bradenton Homeowners Association Dispute Lawyer
Most homeowners live in managed communities which include a homeowners’ association. Usually, the oddly-named homeowners’ association includes few or no homeowners. Instead, builders and other corporate groups dominate most HOA boards. As a result, their rules are often arbitrary and unfavorable to homeowners. But the prospect of an individual owner legally challenging a large homeowners’ association which has a posse of lawyers could seem like David against Goliath.
Yet David took out Goliath without much of a problem. The dedicated Bradenton homeowners association dispute lawyers at the Cahall Law Firm cannot promise those kinds of results. But we can promise to bring our best effort, and our best attitude, to work every day. We always put clients first and never stop working until we obtain the best possible results under the circumstances.
Types of HOA Disputes
In general, there are two types of HOA disputes. Sometimes, as mentioned above, individual homeowners challenge property restrictions which are either unfair to everyone or discriminatory to some. Other times, Goliath takes on David. Most HOAs are quick to file suit over relatively minor matters. Our Bradenton homeowners association dispute lawyers offer effective representation in both situations.
Most HOAs have a very long list of rules, any one of which could lead to a serious dispute. Some of the most common disputes we see include:
- Architectural Covenant Change Disputes: Homeowners should have considerable discretion when it comes to things like adding a deck, moving a fence inside the property line, or landscaping matters. But many HOAs are eager to enforce dictatorial ACC rules in this area, frequently so they can “make an example” of the homeowner.
- Financial Disputes: Many HOAs often charge excessively high fines for minor violations. Others charge monthly dues well in excess of the average amount for that size development in that geographic area. HOAs often think they can charge whatever they want in these areas, but that’s simply not true.
- Access Denial: Generally, HOA meetings are subject to Florida’s open meeting requirements. Yet many of these organizations refuse to release minutes and other records. Usually, such denials clearly indicate that the HOA has something to hide.
Fundamentally, HOAs exist to help homeowners and provide reasonable, uniform laws. Some HOAs basically forget why they exist in the first place.
The Grievance Process
In most dispute resolutions, our professional team tries the direct approach first. Usually, that approach involves an appearance before the HOA board. Sometimes, the mere presence of an attorney helps board members see the homeowner’s perspective. We also provide assistance in areas like evidence gathering and presentation polishing.
The next step is usually an arbitration or other hearing. Typically, HOA agreements have clauses which prohibit legal action. Essentially, arbitration is a private trial. The administrative law judge has basically the same function as an elected or appointed judge. The big differences are there is no record and the ALJ is usually an employee of an arbitration or other alternative dispute resolution company.
Contact a Dedicated Manatee County Lawyer
Aggrieved consumers usually have legal options in Florida. For a free consultation with an experienced homeowners association dispute lawyer in Bradenton, contact the Cahall Law Firm, PLLC. We routinely handle matters throughout the Sunshine State.