Albert Moore, Attorney at Law

What Is A Home Owners Association And A Condominium?


A homeowners association and condominium are both planned communities. They have rules that are in place that every purchaser or owner of either a home, or a unit has to abide by those rules. Usually the developer of the community, at some point, institutes those rules and the authorities of the developer’s turn it over to the board of directors that is made up of owners. The biggest difference between the two comes down to maintenance, because in a condominium, the association is responsible not only for the common elements, but for the limited common elements as well. In an HOA, you have mainly common elements to worry about.

A good example of the difference would be that in a condominium, most of the time, the condominium association is responsible for maintenance of the roof, because you share a common roof. Whereas in an HOA, many times you have single-family homes, or the homeowners association with that particular case would not be responsible for maintenance of the roof on the home.

What Are The Most Common Types Of Disputes Involving HOA And Condominiums in Treasure Coast FL?

The most common disputes, and there are a few, is the collection of assessments due, because associations impose assessments to cover maintenance. Oftentimes, fights are about what exactly is included in the assessment, how much the assessment is supposed to be, could there be interest, late fees, attorney’s fees, or collection of the assessments. In addition, there can be disputes over maintenance obligations regarding whether the unit owner, the homeowner, HOA, or the condominium association is responsible.

Many times, we have parking area disagreements, because there is a limited parking in these planned communities. There are questions about what kind of entitlements the owner and, the association, or developer has as far as parking areas. There are disagreements between neighbors themselves. Therefore, in a community where you do not have an HOA, or a condominium, there may not be rules governing those types of disputes. Nevertheless, in an HOA, and a condominium, there are rules that cover these issues. You have disagreements between neighbors that are covered under a condominium, or HOA law, or under the governing documents of the condominium or the HOA. There are also disagreements over budgets.

Many times, there are disagreements over what the association thinks a budget should be, and what the homeowners think the budget should be. Many times, you have disagreements over the enforcements of modifications to somebody’s unit, or home, whereas the homeowner or the unit owner wants to make a modification to their residence. The condominium, or HOA says, “No, that’s not going to be approved”, and then there is usually a battle over whether the condominium or the HOA association has the authority to disapprove that kind of modification.

What Is The Purpose Of HOA And Condominium Boards?

The purpose of HOA and condominium boards is to have a community where people can live where they are assured that there are some ground rules that everybody has to abide by. You want to make sure that if people want to have a certain look to the residences, or if they want to make sure that there is some type of common area, where you could have a playground, or pool that everyone as opposed to just one owner shares those expenses. The ground rules also maintain property values. They restrict major changes within the community which ensure some type of upkeep and uniformity. For example, if the majority of owners maintain their properties, but you have one or two that don’t, in a Condo or HOA there are mechanisms in place to remedy that type of problem. Without those mechanisms, owners have free reign to neglect their properties unless they run afoul of some governmental ordinance. Again, if you are in one of these associations, there are rules governing the association that can enforce these issues, so the property is maintained. That is another reason people choose to live with an HOA, or condominium association.

For more information on HOA & Condominiums In Florida, an initial consultation with Albert Moore attorney in Fort Pierce FL is your next best step. Get the information and legal answers you are seeking by calling (772) 919-2542 today.

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