Florida Residents & Homeowners’ Association Disputes Over Painting
Florida citizens upset over their homeowners’ association charging them for painting that had to be done on residences have garnered news headlines of late. This is a common type of dispute that arises between residents and their homeowners’ association; a maintenance service that has been written into residents’ contracts increasing their association dues; and residents being frustrated about it. Is the homeowners’ association in the wrong here? A homeowners’ association board has tremendous power and every right to follow through with a maintenance requirement like painting residences and charging owners for that requirement. It does not need to take a vote from resident owners first; however, a majority of the homeowners can demand a recall election and elect new board members if they are frustrated by decisions like these. The Ability to Levy Special Assessments These types of fees are typically collected each month by homeowners’ associations to assist with improving and maintaining all properties in the association. While already-established fees often cover regular maintenance costs, associations can levy special assessments—like this painting fee—if reserve funds are not enough to cover a large project that’s badly needed. The Rights of Associations If Owners Fail To Pay Fees If residents fail to pay these fees, the association can take action against the owner, depending on how the specific contract is worded. From late fees, to placing a lien on the property, foreclosing to collect payments, or initiating litigation, the association has its options. It is the association’s obligation to ensure that members pay these fees so that common areas and other services do not suffer. In a nutshell, homeowners’ associations are quasi-governmental organizations, bound by the contracts that they enter into with homeowners and their bylaws. If the governing documents allow for the association to increase dues and/or levy fees, it is legal to do so, pursuant to the contract that owners entered into with that association when they purchased that home. Owners are obligated to pay an increase that their board approves, as well as any that are specified in the bylaws that are automatically triggered by certain events, for example, residences needing to be painted every 10 years, etc. Options for Homeowners Homeowners who are frustrated do have some options for making their voices heard: As previously mentioned, they can run for a position on the board, as well as lodge a complaint with the board of directors, board president, and/or the state licensing agency. Contact Our Florida Homeowners’ Association Attorneys Our skilled, experienced homeowners’ association attorneys have served a number of association clients throughout Florida when it comes to disputes and potential legal action. Contact us today at HD Law Partners to find out more about our services. Resource: wsvn.com/news/help-me-howard/residents-clash-with-homeowners-association-over-133k-paint-job/ Common Questions Involving “Material Alterations” In Homeowners’ Associations Posted in Homeowners Association | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us