Homeowner association representation and defense in Fort Lauderdale covers one of the most frequently litigated areas of Florida real estate law. Broward County has thousands of HOA and condo-governed communities — and disputes between homeowners and associations escalate quickly. Unlawful special assessments, selective rule enforcement, rigged board elections, and governing document violations are everyday occurrences. Whether you are a homeowner fighting back against an overreaching board or an association defending its authority, HOA representation and defense in Fort Lauderdale requires an attorney who knows Florida’s Chapter 720 and Chapter 718 statutes inside out.
Joseph Hughes handles homeowner association representation and defense throughout Fort Lauderdale and Broward County for both individual homeowners and association boards. Hughes Real Estate Law reviews governing documents, evaluates the legality of board actions, and pursues legal remedies through demand, mediation, and litigation when necessary. Joseph Hughes works your case personally.
This page covers Florida HOA and condo law, the most common disputes handled by a Fort Lauderdale HOA attorney, and what your legal options are when an association or homeowner crosses the line.
Florida HOA and Condo Law: What Governs Your Community
Two Florida statutes govern the majority of HOA and condo disputes in Fort Lauderdale:
- Chapter 720 — Florida Homeowners’ Association Act: Governs HOAs, member rights, board authority, assessments, elections, and enforcement procedures for single-family and townhome communities
- Chapter 718 — Florida Condominium Act: Governs condominium associations, unit owner rights, board powers, special assessments, and dispute resolution for condo communities
Both statutes give associations significant authority — but both also impose strict procedural requirements on how that authority must be exercised. When an association fails to follow its own governing documents or violates the statute, homeowners have legal standing to challenge those actions in court. A Fort Lauderdale HOA attorney identifies exactly where the violation occurred and what remedy applies.
Common HOA and Condo Disputes Joseph Hughes Handles
| Dispute Type | What It Involves |
|---|---|
| Special Assessment Challenges | Assessments levied without proper notice, vote, or legal authority |
| Fine Disputes | Fines imposed without proper hearing, notice, or due process under the statute |
| Board Election Disputes | Election fraud, proxy manipulation, improper candidate disqualification |
| Selective Rule Enforcement | Association enforces rules against some owners but not others |
| Governing Document Violations | Board actions that contradict the CC&Rs, bylaws, or rules and regulations |
| Access & Maintenance Disputes | Association fails to maintain common areas or improperly restricts access |
| Developer Warranty Claims | Defective construction by the developer that the association must pursue |
| Unit Owner vs. Association Litigation | Any dispute requiring circuit court intervention under Chapter 718 or 720 |
Special Assessments: When Is a Levy Unlawful?
Special assessments are one-time charges levied on homeowners for expenses beyond the regular budget — repairs, reserves, legal costs, or capital improvements. Under Florida law, associations must follow specific procedures before levying a special assessment. These include proper notice to members, a duly noticed board meeting, and in some cases a membership vote.
When an association skips required steps or levies an assessment for an improper purpose, homeowners have grounds to challenge it. A Fort Lauderdale HOA attorney reviews the association’s governing documents and the procedural steps taken — or skipped — and determines whether the assessment can be invalidated or reduced. Real estate disputes in Fort Lauderdale involving special assessments are among the most winnable HOA cases when the board failed to follow proper procedures.
HOA Board Election Disputes in Florida
Florida’s HOA and condo statutes include detailed requirements for board elections — nomination procedures, ballot handling, proxy rules, and candidate eligibility. When a sitting board manipulates an election to retain control, disqualifies legitimate candidates, or counts ballots improperly, affected members can challenge the result and seek a new election through arbitration or circuit court.
Florida’s Division of Condominiums, Timeshares and Mobile Homes provides a mandatory arbitration process for certain condo and HOA election disputes before litigation. A Fort Lauderdale HOA attorney navigates this process, files the arbitration demand, and pursues circuit court action when arbitration does not resolve the matter. According to the Florida Bar’s consumer resources, HOA disputes are among the fastest-growing areas of real estate litigation in Florida.
HOA Defense: Representing Association Boards
Associations face legal challenges too. Homeowners who refuse to pay assessments, violate community rules repeatedly, or file bad-faith lawsuits require formal legal response. Joseph Hughes represents association boards in enforcement actions, collection proceedings, and defense of unit owner litigation throughout Broward County.
Effective HOA defense in Fort Lauderdale starts with the governing documents. A board that follows its own rules — and has an attorney reviewing major decisions before they’re made — avoids most of the legal exposure that leads to expensive litigation. Real estate litigation in Fort Lauderdale is easier to avoid than to win.
Condo Association Disputes Under Chapter 718
Florida’s Condominium Act (Chapter 718) governs everything from reserve funding requirements to unit owner inspection rights. Recent amendments following the Surfside collapse have significantly increased reserve funding obligations and inspection requirements for older buildings. Condo associations that fail to comply face substantial liability — and unit owners in non-compliant buildings have legal remedies to compel compliance.
Joseph Hughes handles condo association disputes throughout Broward County — representing both unit owners and association boards in matters involving reserve funding disputes, special assessments for structural repairs, and governing document enforcement. Florida’s Chapter 718 statutes set out the full framework for condo association rights and obligations.
Local Resources for Fort Lauderdale HOA and Condo Disputes
| Resource | What It Provides | Link |
|---|---|---|
| Florida Division of Condominiums | HOA and condo arbitration, complaints, and regulatory oversight | myfloridalicense.com |
| Broward County Circuit Court | Court filings for HOA disputes that require circuit court action | browardclerk.org |
| Florida Senate — Chapter 720 | Full text of the Florida HOA Act | flsenate.gov |
| Florida Senate — Chapter 718 | Full text of the Florida Condominium Act | flsenate.gov |
Frequently Asked Questions
| Question | Answer |
|---|---|
| Can I sue my HOA in Florida? | Yes. If the association violated its governing documents or Florida statute, you have legal standing. A Fort Lauderdale HOA attorney evaluates your specific facts and advises on the strongest legal path. |
| What is mandatory mediation for HOA disputes? | Florida requires pre-suit mediation for many HOA disputes before circuit court litigation. Your attorney prepares your position and advocates at mediation — which resolves many cases before trial. |
| Can an HOA foreclose on my home in Florida? | Yes. Florida law allows HOAs to foreclose on unpaid assessments. If you’ve received a lien notice from your HOA, contact a Fort Lauderdale HOA attorney immediately to understand your options. |
| Does Joseph Hughes represent HOA boards? | Yes. Hughes Real Estate Law represents both individual homeowners and association boards in HOA and condo disputes throughout Fort Lauderdale and Broward County. |
| What is selective enforcement and can I challenge it? | Selective enforcement is when an association applies its rules to some owners but not others. Florida courts have recognized this as a valid defense. A Fort Lauderdale HOA attorney can assert it on your behalf. |
Stand Your Ground — or Protect Your Board
Hughes Real Estate Law handles homeowner association representation and defense in Fort Lauderdale for both sides of HOA and condo disputes throughout Broward County. Call (954) 256-5125 or visit our contact page to schedule your consultation today.
About Hughes Real Estate Law
Hughes Real Estate Law is a Fort Lauderdale real estate law firm focused exclusively on Florida property law. Joseph Hughes represents homeowners and association boards in HOA and condo disputes throughout Broward County. The firm serves Fort Lauderdale, Hollywood, Pompano Beach, Davie, Coral Springs, Dania Beach, Wilton Manors, Oakland Park, Sunrise, and Margate. Call (954) 256-5125 to speak with a Fort Lauderdale HOA attorney directly.
