What is a HOA, Legally?

Homeowners Associations (HOAs) are legally recognized organizations that govern residential communities. They are typically formed to maintain property values, enforce community rules, and provide shared amenities. Associations are a separate “not for profit” legal entity from the Membership. In a court of law, a lawyer represents the Association and it’s Governing Documents.

Homeowners must become Members of the community. Members vote into office “Board of Directors” that will represent the Association and follow what the Governing Documents and State Statutes require.

HOAs have the legal authority to:   

• Enforce rules and regulations: HOAs can establish and enforce rules regarding property maintenance, architectural standards, also known here at Garden Patio Villas as “Common Elements”, property boundaries, landscaping, pet policies, and other community matters.   
• Collect fees and assessments: HOAs charge Members “maintenance fees” to cover the costs of maintaining common areas, amenities, and other community expenses.  
• Impose fines and liens: HOAs can impose fines on Members who violate community rules and may even place liens on properties to secure unpaid fees.   
• Hold meetings and elections: HOAs hold regular meetings to discuss community matters and Members elect “Board of Dierctors” to oversee the Association’s operations.   
• Sue and be sued: HOAs have the legal capacity to sue and be sued in court. That is why it is imperative for the persons representing the Association, to keep good records and follow the rules precisely to win any court cases. Legally, if the Association does win the court case, the Member is the one to pay all of the legal fees that the Association had to pay.  

It’s important to note that the specific powers and limitations of HOAs vary depending on state and local laws, as well as the Governing Documents of the individual HOA. Garden Patio Villas follows Florida Statutes 720. 

Potential buyers should carefully review the HOA’s Governing Documents before purchasing a property in a community with an HOA. HOAs are not meant for everyone. For some, a single family home is the better choice to be free from all the rules. Most people live in a HOA because they want to stop maintaining the outside of their homes and appreciate the Association’s rules; rules all Members must follow.

Here at Garden Patio Villas, the Board reviews all rules with a potential new buyer to prevent purchasing in a HOA by mistakes and prevent future legal problems with Members from our 55+ HOA community.

Copyright © 2020

Garden Patio Villas - 55+ HOA Community

7708 Margate Blvd., Margate, Florida