Stevens & Goldwyn, P.A. Discusses Whether HOA Bylaws Are Legally Enforceable

If one lives in a neighborhood or condo community with an HOA (a homeowners' association), they may be curious whether an HOA law is legally enforceable. According to Stevens & Goldwyn, P.A., most laws, and rules are indeed enforceable, however, most people who enter into an HOA contract do so with the understanding that they will have a property that retains its value better than communities that do not have an HOA agreement. However, sometimes homeowners can get more than they anticipated.

What an HOA can Control

A homeowners' association often has more authority over an owner's property than they initially suspect, which can be a source of ongoing friction between HOA boards and homeowners.

However, HOAs can amend or add additional bylaws as they go, with the expressed purpose of enhancing their own standards. For instance, they can determine the appearance of a home, including what the color palette should be, or whether or not shutters are permissible or allowed. HOAs can even determine what kind of plants or landscaping is acceptable.

Other rules can govern every aspect of an individual home, from the height of the garage, to when a garage can even be opened! Failure to abide by these rules can result in a fine, and continued non-compliance can lead to significant consequences.

How Can the HOA Enforce Laws?

Owners often receive an initial warning for their first infraction, often followed by a citation, or fine. The HOA board does their own policing, so law enforcement is seldom required. However, if fines continue to go unpaid, the HOA will add penalty charges and litigation if necessary.

About Stevens & Goldwyn: The homeowners' association attorneys at Stevens & Goldwyn, P.A. are experts in condominium law, contractual disputes, and HOA litigation. They specialize in representation for homeowners associations, assessment collection, foreclosures, civil litigation, and more. Stevens & Goldwyn, P.A. is located in Plantation, FL and provides services throughout Florida, including Fort Lauderdale, Miami, Palm Beach, Plantation, Pembroke Pines, Miami Beach, Pompano Beach, Hollywood, Aventura, and more.

Arrange a free, no-obligation consultation, where you can discuss your legal concerns with a partner of our firm. We look forward to answering your questions and seeing how we can meet your legal needs. Call us at 954-476-2680 or contact us online today.

Source: Stevens & Goldwyn, P.A.

Categories: Legal Services

Tags: community associations, home owners' associations, residential law

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