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Developing a strong argument in an HOA dispute

The Home Owner's Association is there to help ensure the maintenance and proper care of the common areas within the community. However, sometimes those pursuits may lead to discrepancies that result in disputes with the HOA.

In order for residents to fight the HOA successfully, it is important they understand the different aspects the process entails. There are a few key elements to consider in developing a strong argument in cases against an HOA.

The law

As with any governing body, there are specific rules in place that govern the acts of the HOA. Florida's HOA laws detail the provisions for the creation of the HOA, as well as the scope of power and the rights of the homeowners. In disputes, understanding these rights may be critical in developing a strong argument.

HOA specific regulations

Along with the general laws and regulation of all HOAs, there are specific HOA rules for each chapter. It can be helpful to become familiar with these regulations and to utilize them to build the case. This could help to limit the HOA's ability to deny the claim.

Evidence

As with any case, documentation is key. Particularly with HOA disputes, a resident's best recourse can be the written rule. When parties are able to back their argument or actions with the law or particular rules of the HOA, it can be possible to win the case. Working with a knowledgeable attorney may be helpful in collecting the evidence, as well as presenting it in a compelling argument. The attorney's general understanding of the law and ability to comprehend and utilize the regulations of the HOA may help in developing creative arguments to defend the homeowner's claim.

By keeping these things in mind and applying them, homeowners may be able to develop strong arguments against the HOA in their disputes. For more understanding, homeowners may want to take time to review the HOA laws and regulations in full.

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