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Covenant Enforcement Lawyers in Orlando, Florida
A homeowner’s association’s governing documents often outline rules regarding how common areas are to be used and how each property’s exterior is to be maintained. When home owners fail to follow the rules, everyone can suffer, either through lowered property values, or through loss of enjoyment of shared common areas. Most homeowner’s associations have covenants, conditions, and restrictions governing how each property should look, where people can and cannot park, whether pets are permitted on the property, and how repairs and improvements to each condominium should be made. Governing documents may also have rules for how common areas can be used. If you are a homeowner’s association, it is your obligation to enforce the rules fairly and in accordance with your governing documents. Most governing documents will outline the procedures the board must use when handling violations of the HOA’s rules. If you need to enforce your homeowner’s association’s covenants, the covenant enforcement lawyer at Legal Counsel, P.A. in Orlando, Florida may be able to help you. It is important that the homeowner’s association follow the rules in the covenants, conditions, and restrictions document and also follow Florida law when enforcing covenants. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.
Limits to Covenant Enforcement in Orlando, Florida
While homeowner’s associations have the right to enforce the rules of the association in accordance with the association’s governing documents, there are limits to the powers that the association has. When an individual breaks the rules of the homeowner’s association, it is the responsibility of the HOA to enforce the rules. Many homeowner’s association’s covenants, conditions, and restrictions outline procedures for how fines will be assessed and for how violations should be handled. In many situations, the board is required to provide the condominium owner written notice that a violation has occurred. Before legal action can be taken, often the board may be required to provide written notice and assess fines first, in accordance with the HOA’s rules. Every HOA’s rules will differ when it comes to how enforcement of the covenants must be handled. The board must follow proper procedure when enforcing its covenants and it must enforce its rules fairly and equally, namely, the rules must be enforced uniformly. A board cannot single out one homeowner, while letting others violate the rules.
If you are a condominium owner and believe that your homeowner’s association has either not followed procedure as outlined in the covenants, or if you believe you are being unfairly targeted, you may have certain rights under the law. Furthermore, a homeowner’s association doesn’t have the authority to evict a resident, doesn’t have the right to remove personal property, and cannot violate a person’s legal rights when enforcing covenants. Legal Counsel, PA is a covenant enforcement lawyer in Orlando, Florida who can review your homeowner’s association’s covenants, conditions, and restrictions, and help you understand what your rights might be going forward.
Negotiating with the HOA About Covenant Violations in Orlando, Florida
If you are facing fines or notices for violation of your HOA’s covenants, you may be able to resolve the issue by negotiating with your homeowner’s association. Sometimes, individuals might have good reason to violate the homeowner’s association’s covenants, and the homeowner’s association may even have to make accommodations. For example, if there is a “no pets” rule in your covenants, conditions, and restrictions, but if you need a service animal or have a disability, you may be able to legally request accommodations. Another way you can negotiate with the homeowner’s association board is to formally request a variance to the rules at the next board meeting. For example, if your pet deviates from weight requirements, but you otherwise follow the rules, you may be able to petition the board for a variance through a hearing with the board and association.
If you are a homeowner’s association and are struggling with a condominium owner who has violated the rules, it may be in your best interests to negotiate to avoid litigation. However, it is also important to enforce the rules, because other residents who feel that their rights have been violated as a result of the rule-breaking can also sue the association for failure to enforce the rules. The association often must walk a delicate balance of making accommodations when reasonable and enforcing rules when an individual’s rule-breaking disturbs other members of the association or impacts property values. Legal Counsel, P.A. employs a covenant enforcement attorney in Orlando, Florida who can review your situation and help your association understand its responsibilities and options when dealing with covenant enforcement. In some cases, the issue can be resolved with a hearing held by the board and attended by the members of the association.
HOA Rule Enforcement in Orlando, Florida
It is the duty of the homeowner’s association to enforce its rules. Homeowners and members of the association can sometimes sue the association if it fails to enforce the rules and if its failure of enforcement results in damages. If you have met with the board to ask the board to enforce a certain rule, and this has not resolved the issue, you may want to review your homeowner’s association’s covenants, conditions, and restrictions. This document can outline the steps that the board can take when rules have been broken. If you believe that the HOA board is not honoring its obligations, if it is being discriminatory in enforcing its rules, or if you have suffered damages or losses because the board has not enforced the rules, you may have certain rights. Legal Counsel, P.A. employs a covenant enforcement lawyer in Orlando, Florida who may be able to help you. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.
Covenant Enforcement Litigation in Orlando, Florida
Sometimes, issues cannot be resolved through homeowner’s association hearings or through variances. Sometimes the dispute must be taken to court. The homeowner’s association may have the right to take legal action against a condominium owner who repeatedly violates the association’s rules. When taking a case to court, it is important that the association show that the rules are clearly written into the association’s governing documents and show that the rules serve the interest of the condominium owner (such as promoting increased property values, reducing disturbances, and promoting the overall enjoyment of the property for all residents). If the homeowner’s association wins the case, the court may award damages and attorney’s fees to the homeowner’s association. The court may also order that the property owner follow the rules, such as requiring that the owner remove the violating improvement or animal from the property. With a court order, the homeowner’s association may also have added support from local police when enforcing its covenants. Legal Counsel, P.A. employs a covenant enforcement attorney in Orlando, Florida who may be able to assist your board with pursuing litigation or pursuing covenant enforcement through other means. Have questions? We have answers. Contact legal Counsel, P.A. today at 407-982-4321.