The question I get several times a day asks who can the owner go to in order to file a complaint against their HOA. The unfortunate answer is: NO ONE. Unlike condominiums (COAs), the HOAs answer to NO ONE. Florida does not regulate HOAs. There has been legislation posed the past two years authorizing the… Read More BUYERS BEWARE!! Your HOA Answers to No One!
The great debate: Can the HOA fine if the governing documents do not authorize it but Fla. Stat. 720.305(2) establishes procedures for fining? Many community association lawyers and community association managers say yes. My answer is no despite many of my colleagues disagreeing with me. The statute starts out “The association may levy reasonable fines… Read More Fines Authorized by Statute?
Questions about past due assessments, collection fees and liens almost always include a statement the inquirer did not receive notice. Not having your correct mailing address on file with the association puts the liability on you. Just like not signing for the certified letter is on you and the association will receive it back marked… Read More Correct Mailing Address is Critical to Association Living!
A common question I run into involves HOAs and condo associations (COAs) denying tenants attendance at meetings. This is a big mistake for the associations. The problem started with revisions to the Florida Statutes. Years ago Chapter 720 (HOAs) and Chapter 718 (COAs) used to provide rights for the members or “their authorized representatives” to… Read More Tenants Attending HOA Meetings
There is a great article posted on CyberCitizens for Justice yesterday. It’s a rant from Lindsey Nesmith in an article she wrote which printed in the Florida Weekly. My hat is off to Ms. Nesmith for saying the obvious, but what many of us are afraid to say. You can read the article at: http://www.ccfj.net/HOARANT.html
With the volatile economy more and more associations are changing property management firms and law firms, but there are some problems which can arise and the association would probably be on the losing end of litigation. Many owners contact me because their associations have made these changes and now they are unable to pay their… Read More How An Association Can Get Into Trouble Over Assessments – BOARD MEMBERS PAY ATTENTION!
I recently answered a question on avvo.com from a unit owner being harassed by their condo association (COA) because they were wanting maintenance and repairs done which were the responsibility of the COA. I thought I should share my answer here. This will work for HOAs too except the part about noticing the COA of… Read More What To Do If Your Condo Association Is Harassing You
All too often I am asked for advice on dealing with associations filing a lien or foreclosing on a home and the first statement the homeowner makes is “I never received a notice.” Unfortunately, rarely will that work as a defense to save your home from being sold at a foreclosure auction by your association.… Read More Change Your Address with the Association!!
We are proud to announce that our Brevard County office is now open in Viera. Conveniently located near the intersection of Murrell Road and Viera Boulevard. We look forward to working with you, Space Coast!
The Law Offices of Stage & Associates, P.A. is proud to announce the future opening of our satellite office in Brevard County, Florida in February of 2015. Our firm has had the pleasure of representing clients and associations alike through-out the state of Florida. While centrally located in Orlando, Orange County, Florida, the Law Offices… Read More Announcing Our Expansion to Florida’s Space Coast – New Location Opening Soon!