HOA Lawyer Near Hillsborough County, FL
Looking for a HOA Lawyer Near
Hillsborough County, FL?
Living in a homeowner association (HOA) can have numerous benefits. An HOA ensures a common standard of appearance, decorum, and lifestyle across a community. In addition, an HOA can help the people who live within it resolve disputes between one another. However, what happens when an HOA oversteps its bounds? If you’re facing down a rogue HOA, it probably feels like a David and Goliath scenario. It doesn’t need to be. Hiring a lawyer to represent you in an HOA dispute can make a huge difference in the outcome of your case. When you hire an attorney to represent you against an HOA, you need a dogged, determined, and knowledgeable legal expert. If you’re in the Hillsborough County, FL area, you can count on one law firm for reliable, professional representation against your HOA. Call the Wheeler Law Firm today to set up a consultation in any of these areas:
- Largo, FL
- Pinellas County, FL
- Hillsborough County, FL
- Manatee County, FL
- Pasco County, FL
When to Consult a
HOA Attorney
There are two main laws that govern HOAs in Florida: the Florida Condo Act and the Florida HOA Act. These two pieces of legislation dictate how an HOA can resolve disputes with its citizens and what decisions the HOA can make without its citizens’ consent. It breaks HOAs down into two main groups: Condo Associations and Homeowner Associations. These rules can vary considerably from many regional laws. Because of this, it’s a good idea to consult a lawyer before initiating a dispute against your HOA.
The main difference between many kinds of HOA disputes and other civil matters is that certain HOA issues require members of the community to meet before taking their case to court. This meeting is called arbitration. Arbitration is similar to a court hearing, except that there’s no judge. Instead, it’s just you, a representative from your HOA, and your attorneys. Arbitration is mandatory, meaning that you must attend the meeting, and non-binding, meaning that the decisions of the arbitration are not considered legally binding.
For a Condo Association, issues that need to pass arbitration include whenever an HOA:
- Wants to change how homes appear from the outside
- Make changes to a common area
- Fails to conduct proper elections in a timely manner
- Doesn’t give notice of meetings, or doesn’t conduct meetings entirely
- Destroying or removing a unit
- Removing board members
There are other types of HOA disputes that don’t require arbitration. Instead, they can go straight to civil court. They include issues like:
- Evicting a tenant
- Disputes arising from who owns a common area
- Fines issued by the HOA
- Serious claims, like whenever a member of the HOA embezzles money
- Damages to a unit because of the HOA’s actions
- Appealing a decision made during arbitration
When you attend an arbitration meeting or file a civil lawsuit against your HOA, you can hire a lawyer to represent your interests.
Importance of Hiring a HOA Dispute Lawyer
For a non-condo HOA, there are significant differences in these rules. The only issues that require arbitration are disputes about an HOA election and removing a member of the HOA’s board. There are also a number of issues that can require parties to attend a mediation meeting. Mediation is different from arbitration. Instead of being non-binding, the results of mediation can be filed with a state court. If you refuse to attend a mediation meeting, you won’t be able to recover attorney’s fees to pay your lawyer if you pursue a lawsuit. Because of this, it’s important to retain a lawyer whenever you begin your HOA dispute. If you don’t, it could be a costly error.
Choose a HOA Law Firm You Can Count On
When you’re locked in a battle against your HOA, things can quickly appear hopeless. You’re just one person who’s up against a large organization with significant funding behind it. However, you don’t need to do this alone. By entrusting your lawsuit to an HOA lawyer, you can greatly increase your chances of winning. If you need a law firm with nearly a decade of experience in HOA matters in the Hillsborough County, FL area, contact the Wheeler Law Firm. Call today to schedule a consultation.
The information contained on this website is presented for informational and marketing purposes only and is not to be understood as legal advice. You should consult an attorney for advice respecting your individual needs. Wheeler Law Firm, PLLC looks forward to speaking with you about your particular needs. Please note, however, that the mere act of contacting our firm does not create an attorney-client relationship. As a result, you should never send any confidential information to our office until a Representation Agreement has been signed by both you and Wheeler Law Firm, PLLC.