Unenforceable HOA Rules in Florida: When Your Board Oversteps Its Authority

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Bad HOA

LS Carlson Law

35 episodes

2 weeks ago

Welcome to "Bad HOA," where host Luke Carlson, Esq., a seasoned attorney with over 15 years of experience, empowers homeowners to reclaim their neighborhoods from mismanaged homeowners associations. This podcast delves into the myriad ways HOAs can fall short of their duties, providing listeners with a how-to resource to handle disputes and understand different personality types within HOAs. Each episode features in-depth analysis of common homeowner grievances, interviews, and real-life situation assessments. "Bad HOA" equips you with the knowledge to ensure that your HOA serves you.

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All content for Bad HOA is the property of LS Carlson Law and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.

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Unenforceable HOA Rules in Florida: When Your Board Oversteps Its Authority

Bad HOA

32 minutes 19 seconds

8 months ago

Unenforceable HOA Rules in Florida: When Your Board Oversteps Its Authority

In this episode of Bad HOA, host Luke Carlson welcomes Keith, LS Carlson Law's Florida partner, to discuss the enforceability of HOA rules in Florida communities.

Keith shares insights on how Florida's progressive homeowner protection laws establish clear boundaries for HOA rulemaking authority. Discover the proper procedures HOAs must follow when creating new rules, including the latest requirements for providing notice to homeowners.

The conversation explores several categories of unenforceable rules, including those that violate constitutional rights, conflict with Florida statutes protecting solar panels and EV charging stations, contradict existing governing documents, or involve discriminatory enforcement practices.

Luke and Keith provide practical guidance for homeowners facing questionable HOA rules, from reviewing governing documents to pursuing legal action when necessary. The episode also covers Florida's requirement for alternative dispute resolution before litigation and the potential to recover attorney's fees when challenging unenforceable rules.

Whether you're dealing with pickleball court controversies or questionable architectural restrictions, this episode offers valuable insights for Florida homeowners navigating HOA governance.

Don't miss our "Reddit HOA Horror Story" segment, where Keith analyzes a complex case of alleged election fraud and board misconduct in a Florida condominium association!

Also, Keith wrote a fantastic article that goes into more detail on this very subject on our website. We invite all of our listeners to check it out: https://lscarlsonlaw.com/articles/florida-hoa-rule-enforceability-guide

Legal Disclaimer: The information provided in this video is offered purely for informational purposes. The information found in this video is intended to provide you with information on current topics of general legal or real estate interest. If you need legal advice, you should seek the advice of a licensed attorney. Nothing in the video is intended to create, offer, or promote an attorney-client relationship. An attorney-client relationship with any attorney at LS Carlson Law can only be formed through a written fee agreement signed by you and a partner of the firm.