Florida HOA Laws: What are Homeowners Rights?
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As HOA laws are governed by state statutes, they differ from state to state; hence, Florida HOA laws also differ from the HOA laws of other states. You should deeply believe in your individual rights as a home owner. In non-profit organizations like Home Owners’ Association (HOA), you have to define and defend your rights. You will be able to protect these rights only when you are aware of the home owner’s rights as per the constitution and governing laws. Some of the basic homeowners’ rights are discussed below.
Exclusive Use of Your Unit
You have maximum privacy within your unit and HOA can enter only for the maintenance or replacement of common elements. You are at full freedom to decorate your home, mortgage your unit, sell or transfer the ownership, alter or improvise your unit and use limited shared property applicable to your unit without anyone’s interference.
According to Florida HOA laws, you can establish an easement with another person. Easement refers to an agreement of letting someone to enjoy the rights of your home to be used for a particular purpose for a specific period of time.
Review the functioning of HOA
As a member of HOA, you have all rights to check whether the board members are following the procedures for the welfare of the association. You can also check their legal compliance regarding the health and safety codes, honest management of the association’s financial resources and many more.
Participation in HOA
Florida’s Legislation for HOA gives equal opportunities for all home owners in the association to participate in all the association’s affairs. As a home owner, you have all rights to vote for any issues or elect board members. You are also eligible to disapprove or approve major capital expenditures of the HOA and to remove a board member during the quorum of the home owners.
Implementation of Renewable Energy Sources
Florida’s Statute 163.04 Energy Devices Based on Renewable Resources has given provisions of rights to the home owners to implement renewable energy sources in their homes. Of course, the home owner has to get the approval from HOA and a HOA cannot impede such installations according to the HOA laws.
Getting Legal Help
When you are confused with the rights, duties and legal responsibilities as a home owner, you can approach and consult a home owners’ association attorney. Such attorneys help to resolve your conflicts as a home owner with HOA through legal solutions.