Homeowners’ associations and condominium associations affect how property is used, maintained, financed, and sold throughout South Florida. When an owner and an association disagree about governing documents, assessments, records, alterations, rule enforcement, or board action, the dispute can quickly affect both day-to-day life and property value. Eric J. Goldman represents individual owners and associations in HOA and condominium matters across Broward, Miami-Dade, and Palm Beach counties.
Association disputes are document-driven. The declaration, articles, bylaws, rules, amendments, meeting records, notices, account history, and correspondence may all matter. Eric reviews the documents and applicable Florida law, identifies the practical objective, and helps the client evaluate negotiation, statutory dispute-resolution procedures, or litigation.
Florida HOA and Condominium Disputes
Florida condominiums and homeowners’ associations are governed by different statutory frameworks as well as their own recorded documents. Those sources do not always answer a dispute in the same way, and the correct procedure may depend on the type of association and the relief a party seeks.
Before choosing a strategy, Eric evaluates the governing documents, notices, timelines, prior board action, and the history between the parties. Some disputes may be resolved through correspondence or negotiation. Others may require a pre-suit process, administrative proceeding, mediation, arbitration, or court action. The right route depends on the specific issue.
Matters Eric Handles
HOA and condominium conflicts can arise from many aspects of community ownership. The firm assists with matters involving:
- Interpretation and enforcement of declarations, bylaws, rules, and amendments
- Regular and special assessments
- Fines, violation notices, and compliance demands
- Architectural review and owner alteration requests
- Maintenance and repair responsibility
- Access to official records and association information
- Parking, pets, leasing, use restrictions, and occupancy questions
- Selective or inconsistent enforcement concerns
- Board meetings, elections, and governance procedures
- Liens, collection activity, and disputes over account balances
- Damage involving units, common elements, or neighboring property
This page addresses association-specific disputes. Eric also represents clients in boundary, easement, title, partition, and other conflicts described on the firm’s broader property disputes page.
Representation for Owners
Owners may receive a violation letter, fine, assessment demand, alteration denial, records response, or other notice that affects their property rights. The first step is to preserve the notice and gather the declaration, amendments, rules, applications, correspondence, photographs, payment records, and meeting materials related to the issue.
Eric helps owners understand what the documents require, whether the association followed the applicable procedure, and what response options are available. A prompt, focused response can be important when a notice includes a hearing date, cure period, appeal process, mediation demand, or other deadline.
Owners purchasing property in an association can reduce future uncertainty by reviewing governing documents and association information before an applicable cancellation or due-diligence period expires. The firm’s residential transactions practice includes review of condominium and HOA materials in connection with a purchase.
Representation for Associations
Associations need to apply their governing documents consistently and follow the procedures required for notices, hearings, meetings, records, assessments, and enforcement. Ambiguous provisions or inconsistent past practice can make a dispute harder to resolve and can create unnecessary cost for the community.
Eric advises associations on enforcement questions, document interpretation, owner conflicts, and dispute strategy. The representation focuses on the specific documents and facts at issue, with attention to a practical resolution when one is available. When enforcement is necessary, clear records and procedural compliance help define the association’s position.
Assessments, Fines, and Liens
Disputes over money require careful review of how the amount was authorized, calculated, noticed, and applied to the account. A disagreement may involve a regular assessment, a special assessment, late charges, interest, attorney fees, fines, damage charges, or a lien. The account ledger alone may not explain whether every charge is supported by the governing documents and applicable procedure.
Eric reviews the relevant resolutions, budgets, meeting materials, notices, ledgers, and governing provisions. He helps the client identify the amount genuinely in dispute, the consequences of delay, and the available path to challenge, collect, negotiate, or resolve the balance.
Rule Enforcement and Owner Alterations
Conflicts over exterior changes, renovations, windows, flooring, landscaping, fencing, pets, vehicles, leasing, or other uses often turn on both the wording of the restriction and the way it has been enforced. An owner may believe a rule does not apply, that approval was granted, or that similar conduct has been treated differently. An association may need to protect the community while maintaining consistent procedures.
A useful legal analysis begins with the current version of the governing documents and the complete application or enforcement history. That record helps separate factual disagreements from questions of interpretation and procedure.
Choosing the Right Dispute Process
Not every association dispute belongs in court. Depending on the claim and association type, Florida law may require or permit a pre-suit notice, mediation, arbitration, administrative process, or litigation. A negotiated resolution may also be possible before formal proceedings begin.
Eric explains the available routes and the likely demands of each, including the documents needed and the immediate deadlines. The decision should account for the client’s objective, the strength of the record, the ongoing relationship within the community, and the cost and disruption of a prolonged dispute.
Frequently Asked Questions
What should I bring to an initial consultation?
Bring the declaration, bylaws, rules, amendments, notices, letters, emails, account statements, applications, photographs, meeting materials, and any deadline information connected to the dispute. A short timeline of events is also helpful. Complete documents allow the legal review to focus on the actual language and procedure at issue.
Can an owner ignore a violation or assessment while disputing it?
Ignoring a notice can allow deadlines, charges, or enforcement steps to continue. The safer approach is to obtain advice promptly, preserve objections in writing when appropriate, and understand the consequences of each response option before acting.
Does Eric represent both owners and associations?
Yes. Eric represents individual owners and associations in separate matters. He reviews each new matter for conflicts before accepting representation.
Discuss an HOA or Condominium Dispute
Association disputes rarely become clearer when notices and deadlines accumulate. An early review can help identify the controlling documents, the correct procedure, and a practical path forward.
Call the Law Offices of Eric J. Goldman, P.A. at (954) 536-7557 to discuss an HOA or condominium dispute in Broward, Miami-Dade, or Palm Beach County.