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Ask Aaron! Your Questions on Florida Business Law Answered

What If My HOA or Condo Board Is Acting Against the Rules?

Posted by Aaron R. Resnick | Aug 08, 2026 | 0 Comments

The board may have broad power, but it still has to follow the statute, governing documents, and required procedure.

Short Answer

Identify the exact board action and the rule you believe it violated. Florida condominium and homeowners association laws are not identical, and the declaration, articles, bylaws, rules, budgets, and meeting records also matter. Ask for the relevant official records and preserve notices, agendas, minutes, votes, emails, and the resulting harm. Not every procedural error overturns a decision, and not every unpopular decision is unauthorized. A useful challenge connects a specific act to a specific requirement and asks for a practical correction.

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When This Becomes Urgent

  • A fine, suspension, lien, foreclosure, election, recall, contract, or special assessment is moving forward.
  • Records needed to challenge the action may be withheld or destroyed.
  • The board is signing a major contract, changing use rights, or spending substantial funds now.

What Usually Goes Wrong

  • Citing HOA law to a condominium, or condo law to an HOA, without confirming the regime.
  • Arguing about fairness without identifying authority, procedure, and measurable harm.
  • Turning every dispute into a social media campaign before preserving the formal record.

Why Miami Experience Matters

Miami communities range from small HOAs to major vertical condominiums with large budgets, commercial components, and complex contracts. Local experience helps identify which documents and statute govern and whether the best path is records, internal procedure, administrative relief, negotiation, or litigation.

What to Have Ready

  • Declaration, articles, bylaws, rules, amendments, and current budget.
  • Meeting notices, agendas, minutes, votes, ballots, and board resolutions.
  • Records requests, responses, violation letters, and hearing notices.
  • Contracts, invoices, ledgers, photos, or other proof tied to the action.
  • A clear description of the harm and the correction requested.

What Typically Happens Next

Counsel first determines whether the property is governed by Chapter 718, Chapter 720, another statute, and the community documents. The challenged act is then tested for authority and procedure. The response may involve a records demand, hearing, board request, election or recall process, mediation, administrative route, or litigation depending on the issue.

Related Questions and Reading

Disclaimer

This is general information, not legal advice. Viewing this page or contacting the firm does not create an attorney client relationship. Deadlines can be short. If your matter is time sensitive, call the office at 305-672-7495.

About the Author

Aaron R. Resnick
Aaron R. Resnick

Aaron Resnick, a graduate of Leadership Miami, is a leader in the Miami's legal and cultural arts...

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