In today’s society, the majority of us live in deed restricted communities commonly known as Homeowners Associations or Condominium Associations. Homeowners and Condominium Associations are the cornerstones of residential communities in Florida. They provide for the maintenance of common areas and properties as well as the community facilities. The Association also preserves the architectural quality and integrity of the community. When run properly, Homeowners and Condominium Associations promote the spirit of community and protect our property values. Furthermore, in some instances, they even provide recreational and community services that otherwise would be unavailable or unaffordable to the owners and residents. The Association can also prove to be a valuable source of community communication and security.

In exchange for all the benefits of living in such a community, we typically have to surrender some of our individual rights for the benefit of the entire community. As property owners, our obligations, responsibilities and duties are set forth in the Association’s governing documents, which are commonly referred to as Bylaws and Declarations of Covenants and Restrictions. Under these governing documents, it is the Association’s Board of Directors’ responsibility to ensure that all the rules and regulations are properly enforced for the benefit of the owners and residents of the entire community. However, when disputes arise between the property owners and the Association’s Board of Directors, it is often because of miscommunication or noncommunication between the parties. Sometimes problems arise because the Board does not fully understand its obligations and responsibilities to the homeowners. At one end of the spectrum there is the type of Board of Directors which take a laissez-faire, or hands-off approach to running the community by choosing not to enforce the Association’s Rules and Regulation, which may result in the diminishment of the neighborhood, reduced property values, and reduction in the quality of life within the community. On the other hand, there is the type of Board of Directors who dictate how the homeowners are to conduct themselves and who will conduct the Association’s business without considering the concerns and rights of the homeowners and how their decisions might affect the quality of life within the community. Sometimes disputes arise simply because homeowners do not understand what their responsibilities are to their neighbors and to the entire community association.

We, at Pilka & Associates understand the delicate balance necessary to maintain and operate a thriving and happy community and never lose sight of the balance between the Board of Directors’ fiduciary responsibilities to the homeowners to properly enforce the Association’s Rules and Regulations, while also ensuring that the property owners’ quality of life and integrity of the community and property are preserved. It is only with our extensive experience in representing both Homeowners and Condominium Associations, and property owners that we at Pilka & Associates can provide Associations and individual property owners with the skills necessary not only to address the complicated legal issues that arise, but also the emotional and political issues that are now part of our lives as homeowners in deed restricted communities.

If you would like to discuss your Homeowners and Condominium Association concerns further, please call attorney Daniel Pilka at (813) 653-3800.

We, at Pilka & Associates, would be privileged to serve your legal needs.