Question:
There was a roof leak that I reported on June 11th 2024. The HOA neglected to send someone out immediately. There was damage to the interior of the unit affecting the electric outlets on the 2nd floor, the wall and ceiling on both floors have water damage and there is mold now in the unit and i had to pay for a mold assessment to include an air quality test that confirmed there is mold that growing and needs immediate attention. they are unresponsive and it has been almost 2 months. i have a renter in the unit that has been impacted. I need assistance with this HOA, we pay almost 500$ a month in HOA fees and have no idea where the money is going. The grounds have deteriorated to the point where there is no grass on the back areas of the TH that they are responsible for maintaining, the park areas cannot be used by the children in the community because they are so bad., the gym area has literally no equipment and every year they increase the HOA fees. 2 years ago there was a racoon infestation where the racoons were in the walls, after repeated attempts to have them resolve the issues with the exterior vents that had deteriorated to the point the racoons were able to get into the walls, i had to pay a contractor out of my own pocket to just have them replaced because my calls were ignored and nothing was ever done. I need help in resolving this issue with this HOA and I would like to file a formal complaint with the state
– Askia
Answer:
Hi Askia,
If you live in a condominium, the Florida Condominium Act Section 718.113(1) states that common area maintenance is the association’s responsibility. If you don’t live in a condominium, you may verify the HOA’s maintenance responsibilities by reviewing the governing documents. If they are indeed responsible for maintaining the roofs, addressing leaks, and maintaining other parts of the neighborhood you mentioned, you may raise the issue with the HOA board by contacting them. Kindly exhaust all forms of communication including text, call, mail, and email. Alternatively, you may attend a board meeting or call a special meeting to address the concern.
If the board is unresponsive or uncooperative, you may hold a special meeting to remove the problem board member(s). The Florida Homeowners’ Association Act Section 720.303(10)(a)(1) states that any member of the board may be removed with or without cause by a majority of the total voting interests. A similar provision exists in the Florida Condominium Act Section 718.112(2)(l). It may help to gather support from other unit owners in this case. You may also consider third-party mediation or arbitration to resolve the issue.
Apart from this, you may verify where your funds are going by requesting to review the association’s financial records. This right is granted to association members by the Florida Homeowners’ Association Act Section 720.303(5)(a) and the Florida Condominium Act Section 718.111(12)(c)(1)(a).
Here is a resource you may find helpful: https://www.hoamanagement.com/
For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
