HOMEOWNER'S ASSOCIATION AND CONDOMINIUM ASSOCIATIONS

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I get asked all the time - "is it legal what my HOA is forcing me to do?"  To answer that question, there are generally three different documents that must be reviewed, as well as the state statutes regulating these associations.   

These documents are the Articles of Incorporation, the Declaration, and the By-Laws.  When I review a case involving an association, I ask my clients to go to their association and request a copy of the Declaration, By-Laws ,and any other documents that might help me understand the case. Florida Statutes section 720.303(5) gives you the right to get copies of all official records of your Homeowner's Association and Florida Statutes section 718.111(12) does the same for Condominiums. 

If you deliver your document demand as required by the statute and as required by your Declaration, the association must provide you with the documents. The failure to provide the documents will allow you to file a lawsuit against your association and receive monetary damages of $50.00 for each day that passes where you don't receive the documents, up to $500.00 for each claim, plus the Court can order the Association to reimburse you for all of your attorneys' fees and court costs.