Residents in Florida condominium communities overseen and governed by homeowners’ associations have rights, and these rights may sometimes conflict with the actions of the HOA. A homeowner may find that he or she has been subjected to unfair treatment from a condo association, possibly even infringing on personal and property rights. There are times when it will be necessary to fight back against a condo association to make the mistreatment stop.
An HOA or condo association cannot discriminate against a resident on the basis of gender, religion, race and other protected factors. It is also inappropriate for a governing body to fine residents unfairly, especially if there was no clear violation of the community agreement. These groups cannot fine residents for having fun or doing things that are reasonable and within their rights.
These groups also cannot fine someone or otherwise punish a resident for something not listed as a violation. This means that an HOA or condo association cannot make up rules at will or on the basis of the individual situation. They cannot ban native plants, harass residents or keep frustrated residents from pursing legal action as a way to resolve their concerns with their community governing body.
If a Florida condominium owner has concerns about his or her rights, it may be helpful to speak with an attorney experienced in condo association disputes. In some cases, a resident has the right to pursue a legal case against the group. Carefully assessing the situation can reveal what options may be available and how someone can protect his or her rights.