Orlando Homeowner’s Association Litigation Lawyers

Legal Counsel, P.A. employs homeowner’s association litigation lawyers in Orlando, Florida who helps homeowner’s associations facing litigation for collections, foreclosures, and for covenant enforcement. If you are a member of a board or a homeowner’s association that has questions about how to enforce collections, foreclose on a property, or enforce your covenants, Legal Counsel, P.A. can help. Before pursuing litigation, your association may be required to provide notice and may be required to give the homeowner time to respond or to remedy the situation. Before taking the major step of pursuing litigation, Legal Counsel, P.A. employs a homeowner’s association litigation lawyer who may be able to help you resolve the issue outside of court. However, it is also the duty of the homeowner’s association to enforce its rules and pursue collections for the benefit of all homeowners. Failure to honor this duty can result in homeowners suing the board. If you believe litigation may be in the future for your homeowner’s association, contact Legal Counsel, P.A. which employs a homeowner’s association litigation lawyer in Orlando, Florida who can help you understand your rights, the legal process, and take the required steps to protect your association. Have questions. We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

Foreclosure Litigation for Homeowner’s Associations in Orlando, Florida

Legal Counsel, P.A. employs homeowner’s association litigation lawyers in Orlando, Florida who can help your association if you are facing a collections issue with a condominium owner. If, after you have issued a demand letter, a condominium owner still cannot pay or refuses to pay dues or special assessments, your association may be able to place a lien on the property after the required period of 45 days has passed. If, after the lien is placed, a resolution cannot be found or the homeowner continues to fail to pay dues, the homeowner’s association may be able to foreclose on the property. However, when enforcing liens and foreclosing, if the homeowner has a mortgage, the mortgage may or may not get priority during the foreclosure. Whether the mortgage lien gets priority depends on when the mortgage was issued and on the wording of the homeowner’s association’s governing documents. If you are not sure which lien has priority, you may want to speak to the homeowner’s association litigation lawyers in Orlando at Legal Counsel, P.A. 

What is the foreclosure process like in Florida? Once the homeowner’s association has issued a demand letter, waited the required 45 days to give the homeowner time to pay the unpaid dues, and placed a lien on the property, the foreclosure process can begin. The HOA can file a summons and complaint with the court, giving the homeowner time to respond. If the homeowner doesn’t respond to the summons and complaint, the homeowner’s association may be able to make a motion for summary judgement. If the homeowner disputes the foreclosure or if the judge doesn’t issue a summary judgement, then the homeowner’s association may need to go to trial to complete the foreclosure. Once the judge issues a ruling in favor of the homeowner’s association, the home can be sold in a foreclosure sale. The HOA can collect from the sale the amounts due and any reasonable fees and attorney’s costs, and the remaining amount will be issued to the homeowner and to any other creditors that may have priority. If the home is foreclosed upon and other liens have priority before the HOA lien, these liens must be paid before the HOA can collect from the remaining funds from the sale.

If you are a homeowner’s association and have questions about the foreclosure process, contact Legal Counsel, P.A. which employs homeowner’s association litigation lawyers in Orlando, Florida who can review your HOA governing documents, review the situation, and help guide you on the best steps forward. Sometimes litigation can be avoided through negotiation with a home owner or through a short sale. In cases where litigation is required, Legal Counsel, P.A. may be able to help you. Have question? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

HOA Litigation: Covenant Enforcement 

Homeowner’s association rules are designed to protect the rights of the community as a whole. When a homeowner violates the governing documents and rules of your association, the association has options when it comes to enforcing its covenants. First, when enforcing covenants, it is important to refer to your homeowner’s association’s rules and governing documents. These documents should outline the rules and the process by which the rules should be enforced. In some cases, the HOA will issue a warning letter, a warning letter with a fine, or include provisions for one to three warnings to be issued before legal action is taken.

However, if the HOA is unable to enforce its rules through warnings and fines, litigation may be required. When enforcing covenants, it is important that the association do so uniformly and enforce all rules. Fairness is key. However, every association’s governing documents might be different. In some cases, the rules explicitly state that the enforcement of the rules is at the discretion of the board. In this case, the board may issue warnings or none at all before taking legal action.

Homeowners can take legal action against a homeowner’s association that doesn’t enforce its rules uniformly. So, to protect your association from litigation and legal exposure, it is important that the association take appropriate action when condominium owners issue complaints. Legal Counsel, P.A. employs homeowner’s association litigation lawyers in Orlando, Florida who can assist you with covenant enforcement.

What Rights Does an HOA Have When it Comes to Covenant Enforcement in Florida?

The HOA may have many rights when it comes to covenant enforcement or none at all. It all depends on the wording of the homeowner’s association’s governing documents. The association may initially have the right to fine a homeowner for violating the rules. The association may also have the right to inspect the property if the governing documents permit this. Or, the association may have the right to sue a homeowner who violates the rules. The association could also force the homeowner to pay its attorney’s fees and other costs if it wins the lawsuit. Legal Counsel, P.A.  employs a homeowner’s association litigation lawyers in Orlando, Florida who can review your governing documents to see what options are available to you in accordance with Florida law and if you have no provisions for enforcement in your governing documents, may be able to assist you with the legal process of amending these documents.

HOA Litigation in Florida: Let Legal Counsel, P.A. Help 

Homeowner’s association litigation can be complex and can expose your homeowner’s association to countersuits if litigation isn’t handled properly and precisely. Let Legal Counsel, P.A. which employs HOA litigation lawyers in Orlando, Florida who can help your homeowner’s association get it right. The collection of HOA dues that have not been paid and the enforcement of covenants is the duty of the homeowner’s association.  Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.