HOA Disputes in Sarasota: What Florida Homeowners Can Do When the Association Crosses the Line

Living in a community governed by an HOA in Sarasota can provide real benefits, but it can also create major headaches. Fines that appear out of nowhere, records requests that go unanswered, and board decisions that seem to benefit a few at the expense of everyone else are common complaints.

Fortunately, Florida law provides more tools to push back than most people realize. Our experienced Sarasota homeowners’ association dispute lawyer explains important protections and your legal options.

Protections for Sarasota Homeowners Involved in Homeowners Association Disputes

Disputes between homeowners and homeowners’ associations are common along the Gulf Coast and can cost you both time and money while preventing you from enjoying your property.

The Homeowners’ Association Bill of Rights, listed under Chapter 720 of the Florida Statutes, provides important protections. These include:

• HOA board members must complete a state-approved educational course or certify in writing that they have read the governing documents and applicable statutes.
• Fines require at least 14 days’ written notice before a hearing, with hearings held within 90 days of the notice being issued.
• An independent committee of at least three members (excluding officers, directors, or employees of the association) must approve any fine before it takes effect.
• HOAs with 100 or more parcels must maintain a website where governing documents and meeting notices are publicly posted.
• Knowingly soliciting or accepting a kickback in connection with any HOA contract constitutes a third-degree felony under Florida law.

When an HOA fails to follow the law or skips required procedures, Sarasota homeowners have the right to challenge it.

Legal Remedies to Resolve Disputes With Sarasota HOAs

Under Florida Statute 720.311, mediation is required for certain HOA disputes, including covenant enforcement and record access disagreements, before a lawsuit can be filed. This helps keep the matter private and often resolves issues faster and at lower cost than litigation.

However, if mediation fails to resolve a Sarasota HOA dispute or does not apply in your particular case, other legal options available include:

• File a complaint with the Florida Department of Business and Professional Regulation, which handles election and recall disputes and licenses community association managers.
• Pursue a civil lawsuit for breach of the governing documents or violation of Chapter 720, which can result in injunctive relief stopping the HOA’s conduct.
• Seek a court order compelling the HOA to produce records it has refused to provide, with statutory penalties for noncompliance.
• Challenge an improperly issued fine at the required committee hearing or in court.

To protect your rights in Sarasota homeowner’s association disputes, keep records of all requests, board decisions, or other communications, and get professional legal help right away.

Consult Our Experienced Sarasota Homeowner’s Association Dispute Lawyer

Suncoast Civil Law has spent decades protecting the rights of residents throughout the Central Gulf Coast in HOA disputes. We can review your governing documents, identify where the HOA fell short, and take other steps to resolve the issue in your favor. To request a consultation with our experienced Sarasota homeowner’s dispute lawyer, contact our office today.

Sources:

flsenate.gov/Laws/Statutes/2024/Chapter720/All

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.311.html