Most disagreements in a homeowners association fall into a short list of familiar categories. When those categories are understood by the board and the owners, problems can usually be settled early, before they become disputes.
This article is general information and is not legal advice. The association's attorney should be consulted.
Communication and Engagement
1. Communication breakdowns. Board members are volunteers with jobs and families, and questions from owners and vendors can go unanswered for too long. A regular newsletter, a posted meeting schedule, and a single contact point for owner questions keep information moving. Owners have the right to attend board meetings and to speak on agenda items, and those meetings should be treated as a chance to listen.
2. Low participation. Thin attendance is often a sign that owners are satisfied, but it also leaves the board without future candidates. Social events at the pool or clubhouse help neighbors meet, and owners who show interest should be encouraged to join a committee before the next election.
Maintenance and Money
3. Deferred maintenance. Overgrown common areas, failing pavement, and broken lighting lower property values and create safety concerns. Concerns should be raised with the board or manager in writing and in a respectful tone. Under section 720.303, if 20 percent of the total voting interests petition the board to address an item, the item must be placed on an agenda within 60 days, though the board is not required to take the action requested.
4. Questions about dues. Assessments are often compared with those of a neighboring community, but every community has different amenities, lot sizes, and service levels. A line-by-line explanation of the budget usually answers the question better than a comparison. A copy of the annual budget, or notice that it is available at no charge, must be provided to each member.
Rules, Fines, and Fair Treatment
5. Unexpected fines. A fine may be imposed only for a violation of the governing documents or rules, and only after at least 14 days' written notice and an opportunity for a hearing before an independent committee, as required by section 720.305. Owners who believe a fine is unwarranted should compare the notice with the cited rule and attend the hearing.
6. Favoritism. Rules must be applied the same way to every owner, including friends of board members. Selective enforcement weakens the association's position in any later dispute and damages trust.
7. Holiday decorations. Size, placement, and timing of decorations are usually covered by the rules. Under section 720.305, a fine or suspension may not be imposed for holiday decorations or lights left up longer than the documents allow unless they remain more than one week after written notice of the violation.
Parking, Clotheslines, Antennas, and Pets
8. Parking. Parking rules are set by the governing documents, but section 720.3075 limits them. HOA documents may not prohibit an owner, tenant, guest, or invitee from parking a personal vehicle, including a pickup truck, in the owner's driveway, or a work vehicle that is not a commercial motor vehicle as defined by state law.
9. Clotheslines and solar devices. Under section 163.04, a deed restriction or covenant may not prohibit, or have the effect of prohibiting, clotheslines, solar collectors, or other renewable energy devices on buildings in the community. Reasonable location rules for solar collectors are permitted within limits set by the statute.
10. Antennas and pets. A federal rule of the Federal Communications Commission restricts association rules that impair the installation or use of certain satellite dishes and antennas that are one meter or less in diameter, on property within the owner's exclusive use or control. Placement rules that do not impair reception may still apply. Pet rules come from the governing documents and should be based on behavior, such as leash, waste, and noise rules, applied evenly. Assistance animals are handled under fair housing laws rather than ordinary pet rules.
Board Experience and Professional Advice
Directors bring many skills, but few arrive knowing association law. Under section 720.3033, each new HOA director must complete approved education within 90 days of election or appointment, and continuing education is required each year. Conflicts of interest must be disclosed, and contracts with directors require special approval.
Legal questions should not be guessed at. When liability, collections, or a disputed rule is involved, the association's attorney should be consulted. A management company can also help keep the board on schedule and serve as a calm point of contact when tempers are high. More on the board's duties can be found in
the role of the board of directors, and the notice process is explained in
how to properly handle HOA violation notices.
Help for Your Board
Communication, maintenance scheduling, budgets, and enforcement are handled for the communities managed by Condominium Associates. To talk about the problems facing your association,
contact us.
