Orlando Law Scoop - HOA/COA Issue

Orlando Law Group • August 8, 2023

Need help with your HOA? We are here for you

If you're like most people, you live in a community governed by an association.


You've probably paid homeowners' association dues. You may have spent time on the board, or just volunteering around the community. You might have had a bit of a battle over some improvement in your house.


While you may find them frustrating and wonder why you are paying dues, keep in mind, the best-looking and most desirable neighborhoods were kept that way through the work of their association.


At The Orlando Law Group, we specialize in working with associations for homeowners and for condominium owners. Remember, these organizations are some of the most regulated in the state with the Florida Legislature writing the hundreds of laws that cover these groups. We make sure you and your community are following these regulations.


I'd love to be a resource for you and help your community. If you're on the board of your neighborhood community, please reach out to me about assisting your community.


If you just own a home or a condo and just have a question about an issue with your community, please just reply to this email.


I'm here to help!


Sincerely,

Jennifer


HOA/COA Information for You


Living in a community with a Homeowners Association or a Condominium Owners Association has its benefits as well as its drawbacks. No matter where you are from, we’re sure you’ve heard of some HOA or COA horror stories from a friend or family member.


Although these stories can be intimidating for those looking to purchase property within an HOA or COA, oftentimes, these stories are not necessarily the norm for all Associations.


In fact, while the vast majority of people living in a community Association are satisfied with their Association, according to a 2022 study by the Foundation for Community Association Research, there are many misconceptions about Associations perpetuated not only by homeowners or condominium owners but even by Association board members themselves.

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Many homeowners ask, why do I have to pay HOA or COA fees? And, where is that money going towards?


When you purchase property located within the jurisdiction of an HOA or COA, you become a member of that Association, responsible for paying community expenses called Assessments or, more commonly, referred to as HOA dues or fees.


These contributions are collected on a fixed time schedule (such as on a monthly, quarterly, or annual basis) to pay for standard maintenance and upkeep of the community’s facilities and common areas, as well as to improve the community by implementing new facilities and features.

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Most Associations have the legal right to place a lien on a home or unit to secure the payment of past-due assessments. 


To determine if your Association has this right, you will look to your Association’s Declaration of Covenants, Conditions and Restrictions. In the Declaration, there will be a section that details what happens if an owner is delinquent in the payment of assessment to the Association and it typically grants the Association the right to secure that debt by recording a lien against the owner’s property.


But what does this really mean? It means that an Association does not have to sit and wait for the sale of the property for the Association to get paid, as the Association can force a sale on the property.

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Many Community Associations adopt rules and restrictions to limit pets within a community.


When purchasing a home, this can be especially appealing to those who suffer from allergies, those that have animal phobias, or those who just simply dislike animals in general because of the noise they make or the mess they sometimes leave behind.


However, it has been well established that service animals, “trained to do the work or perform a task for an individual with a disability, whether physical, sensory, intellectual, or other,” cannot be kept out of a community based on a Community Association’s “pet restriction policy.” 

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Meet our Real Estate Law Attorneys

Jennifer Englert

Known for a caring heart, as well as a drive to make a difference, Jennifer Englert is the driving force behind The Orlando Law Group as it enters its second decade serving the Central Florida community.


Englert is the managing partner and founder of OLG. For over 22 years, she has focused on business disputes, business law, general civil litigation, special needs & education law, family law, personal injury, and real estate.


She has represented entities and individuals in both federal and state trial and appellate courts.


Read more about Jennifer

Jeffrey W. Smith

Jeffrey W. Smith’s life is a tale of two careers. The first chapter saw him serve our country as a machine gunner with the United States Marine Corps, then return and begin a civilian career as a facility / services technician with AT&T. 


The second chapter saw him not only earn his bachelor of science degree, but also his juris doctor, enabling him to start a career in law.


Read more about Jeffrey
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