Homeowners Associations (HOAs) have powerful laws in Florida.
Most HOAs rarely need to use the laws in their neighborhoods. Most people bought houses in nice neighborhoods and do their part to keep the neighborhood attractive. But there are a handful of HOAs that use the HOA laws as a weapon. Fines up to $1,000 for not painting the power cable on the side of the house the same color as the house. Another $1,000 fine for having a magnetic business sign on the car. $600 fine because the homeowner did not change their mailbox to the “new” mailbox the board wanted everyone to own. A $500 fine because the garbage was put out on the street the day before pickup at 3:00 instead of 6:00. If a homeowner does not pay their assessment and fines, the HOA can take the home. It’s being done all the time in some communities. Sometimes, there is not much the homeowner can do to fight back except pay the debt.
Check Up on the HOA.
If you are looking for a new home, check up on the HOA. Do an online search of county court cases. Just search for the county name and add the term “court records”. Each county’s website is different, but search for court cases using the HOA’s name. This will show how often the HOA forecloses on homes. Do another search with the county name and add the term “public records” or “official records”. Again look up the HOA to see how many liens they place on houses. Liens are the first step in the foreclosure process. If the HOA files a lot of liens and also forecloses a lot of homes, you will want to live somewhere else.
Steps to prevent getting penalty assessments.
- Make sure you have a copy of the Covenants. Most HOAs have them on-line. Know what you can and cannot do.
- Attend HOA meetings. Board members are volunteers and live in your neighborhood. They decide who gets fined. In large neighborhoods, the board doesn’t know the homeowner and it’s easy to slap a fine on someone you don’t know. Be nice and get to know the board. Yes, some board members are on a “power trip.” Just suck it up and smile.
- Pay attention to warning letters. HOAs will always send a warning letter before issuing a fine. If you rent your home out, have the HOA direct all association mail to you. Your tenant probably doesn’t care what the HOA does to you.
Steps to help fight penalty assessments.
- Make sure the HOA got the right house. This sometimes happens when your neighbor does something that is close to your property line.
- Make sure the Covenants have that restriction listed. The HOA cannot cite you for anything that is not explicitly listed in the HOA Covenants.
- Request to see the warning letters that should have been sent. Also check if any other letters should have been sent but were not. There is a case where the HOA supposedly sent a letter telling the homeowner if he fixed the problem within 30 days they would suspend the fine. By chance, he did fix the problem within that time. There was an internal memo to the board that stated as much. The board still fined the homeowner.
- Make sure the HOA follows the law. Florida Statutes Chapter 720 covers HOAs (Chapter 718 covers Condominium associations).
If you own a home in a HOA and have tenants renting it, be extra cautious. The law allows HOA s to get assessments from the tenant. The tenant will be asked to make rent payments to the HOA (see F.S. 720.3085). If the tenant refuses, the HOA can evict the tenant. That is as far as the HOA laws allow – except in Pasco County where one judge (who has since retired) thought it was alright to let the HOA take possession of the home.