When you bought your home in a beautiful southwest Florida neighborhood, you agreed to certain terms set forth by the homeowners association (HOA), and you were happy to do it. You figured the rules were there to protect the residents, and you thought the required monthly fees were reasonable, considering all the development had to offer. However, having been cited by the HOA for various violations, you are now considering fighting back. Don’t take on this powerful organization alone. Call the law office of Blackwell, Vishio & Fischer for the expert legal advice you need to fight your HOA battle.
We Have Seen Both Sides of the Fight
To stand a chance against powerful HOAs, you need an attorney who knows what the HOAs are thinking. Our attorneys have handled HOA and COA cases in over 30 counties across Florida. We have represented HOAs and big lenders in HOA disputes, so we know what you’re up against and we can give you a distinct advantage when you take them on.
Our attorneys have successfully represented homeowners in the following types of HOA disputes:
- Code enforcement actions. If you violate a provision in your HOA agreement, the HOA can take action against you to enforce the code. However, many owners find that code enforcement is applied inconsistently. If you believe you are being unfairly targeted, you may be able to take legal action.
- Covenant disputes. You may find that you are being cited for a violation of a covenant in the agreement, but disagree that your action is, in fact, a violation. We can advise you on how to gather evidence to bring to the HOA/COA to support your argument.
- Eminent domain proceedings. Your HOA is claiming eminent domain to build a pathway through your property to connect two public spaces. This path will interfere with your privacy and damage expensive landscaping. We have successfully fought against HOA claims of eminent domain and we will review your case to see if we can do the same for you.
- Easement disputes. While you should be made aware of any easements through your property when you purchase your home, you may later find that the easement is not properly maintained by the HOA or that other residents are abusing the privilege of the easement. If the HOA does not respond to your complaint and fix the issue, you may have cause to bring legal action.
- Lien foreclosure actions. If you have become delinquent in paying your HOA fees, the HOA could place a lien on your home that could ultimately lead to a foreclosure. Don’t risk losing your home over HOA fees. Contact our attorneys before it goes that far. We can protect you and your home.
Along with fighting actions being taken against you by your HOA/COA, you may find that you are in a position to initiate action against your HOA for its negligence or mismanagement of HOA fees. If that is the case, we can advise you on the best way to proceed.
You Need Legal Guidance to Take on Your HOA
HOAs and COAs in Southwest Florida have a lot of power over homeowners and condo owners, and unfortunately, some associations abuse that power. Given that most HOA/COA board members are just other residents of the development, they may not have the legal or management experience necessary to properly run the board and that could result in them taking actions they do not, in fact, have the authority to take. We know where their authority ends and we can represent you in protecting your rights as a homeowner, no matter what agreements you have signed. No matter what kind of HOA dispute you are involved in, call our office to see how we can help.