While owning a house can be one of the best investments, it is not without challenges—a homeowner association purposes to protect all the interests of the owners and residents of a building. During the move-in process, residents agree to follow the rules set by the board. But disagreements still happen – often because owners disagree on how the rules should be construed or because all owners do not welcome a new rule.
Typically, a lawsuit can only be filed after residents have exhausted their board’s internal dispute resolution process. The HOA disputes appeals process is when an individual may question a decision made by the HOA Board of Directors. You must submit appeal requests in writing. A panel will hear the appeal and vote whether or not to uphold the decision.
How to Deal with Your HOA Disputes Appeal
Contact an HOA attorney immediately if HOA has cited you, fined you, or sued you. Various HOA dispute matters require the expertise and experience of an attorney who is well-versed in state laws and HOA dispute matters. When negotiating with your homeowner’s association or facing court action, your attorney can inform you of your rights and responsibilities.
Prepare Your Appeal. The appeal usually comprises a letter you send to the board disputing the judgment. You should provide as much detail as possible but do not overdo it. If you or the HOA bring the matter to court, it might not only be the board of directors to who you speak.
Attend Your Appeal Meetings. You want two things from the appeal: first, you hope to convince the board members to grant your wish, and second, the appeal attempts to gather evidence for possible legal action. You may want to utilize the right to record the proceedings if you believe the appeal won’t end the dispute. You may make a defense on an arbitrary judgment if you end up in court. It may prove valuable to record the proceeding to use as a defense.
Await the Decision. A closed executive session will probably resolve your appeal, and they will notify you later. The HOA may impose fines if your appeal or variance fails if you do not address the problem. Also, an attorney may be hired to bring legal action against you.
Protect Your Best Interest with the Right HOA Attorney
It is beneficial to have an HOA attorney by your side in these situations. Depending on the outcome of your lawsuit, you’ll need a lawyer’s assistance to ensure that your best interests are protected.
To find out how we can help you protect yourself and fight against unfair HOA fines and violations, contact Hunker Appeals. We will help you write a letter to your HOA explaining your situation, how the fine or violation was issued unfairly, and why they should be reversed.
If you live in Fort Lauderdale, Boca Raton, Weston, Miami, West Palm Beach, or one of the other surrounding Florida communities and need an appeals attorney, Hunker Appeals is here to provide a smooth path through the appeals process.
Call or email us now to set up a consultation.
Hunker Appeals, 110 Southeast 6th Street, Suite 2330, Fort Lauderdale, FL 33301 877-841-8808.
Email: [email protected]