Homeowners Association Property Damage Disputes
Florida is home to many townhomes and condos that are governed by homeowner’s associations (HOA). Some gated communities and newer subdivisions also have HOAs.
HOAs can be beneficial in that they pay for certain types of damage to the home and property. In some cases, they also pay for maintenance of the home, such as painting and landscaping.
When it comes to HOAs, there are many laws in play. They include Florida Statute § 720.301, which is the Florida Homeowners’ Association Act. This law governs the management and operation of HOAs in Florida. Another law, Florida Statute § 718.101, refers to the Florida Condominium Act, which governs the management and operation of condominium associations in the state.
What Does HOA Insurance Cover?
HOA dues typically include insurance for the following elements and structures:
- Private streets
- Swimming pools
- Community rooms
- Fitness facilities
- Bike paths
- Walking trails
Insurance is typically part of the HOA dues so that everyone has coverage on their residence. However, each HOA covers different elements, so each HOA member needs to review their specific documents, rules, and guidelines. The HOA documentation should detail the limits of its coverage, such as the amount of coverage on each building. This will help you understand your ownership rights so you know what type of insurance coverage you need for your home, townhome, or condo.
Keep in mind that your HOA’s insurance coverage will likely end where the interior structures begin. You will generally be responsible for any interior damage, such as drywall, plumbing, flooring and ceiling. You would also be responsible for insuring your personal belongings.
Steps to Take
In most HOA property dispute resolutions, it’s a good idea to try the direct approach first. This means hiring an attorney to appear before the HOA board. Your attorney can help gather evidence and present it before the board to persuade the members to see your point of view.
If that doesn’t work, arbitration is usually the next step. Arbitration is like a trial, as it is legally binding. However, there is no record of it, so it is much more private. Keep in mind that HOA agreements usually have clauses that prohibit property owners and renters from taking legal action. Therefore, you should contact a lawyer to understand your options.
Contact an HOA Lawyer Today
HOAs can be difficult to deal with. They may try to avoid paying for any damages to your home or condo, resulting in a complicated claims process.
A Bradenton homeowners association dispute lawyer from the Cahall Law Firm can provide you with effective representation so you can get a favorable outcome. To schedule a free consultation with our office, fill out the online form or call (941) 281-2019.