Homeowners’ & Condominium Association Disputes: An Introduction

Author: Lindsay A. Compton

Date: January 2, 2026

Homeowners’ and Condominium Association Disputes: An IntroductionAfter making a lifechanging purchase, homeowners do not anticipate having a dispute with their homeowners’ association (HOA) or condominium association. Unfortunately, these types of disputes are common—and often frustrating. Whether the issue involves maintenance obligations, rule enforcement, assessments, or property use, these disputes tend to feel personal because they involve your home. Before escalating a disagreement, it is important to have a basic understand of what it’s involved.

Below are several key concepts to understand for anyone facing a home or condominium association dispute.


1. Start with the Land Records for the Governing Documents
Most association disputes begin—and are sometimes resolved—by reviewing the land records for the Governing Documents, known as the “Declaration of Covenants, Conditions, and Restrictions”, along with the bylaws and rules.

These documents define:

• The association’s obligations;

• The owner’s responsibilities;

• Maintenance duties;

• Use restrictions; and

• Enforcement authority.

 The Governing Documents, bylaws and rules governs both the association and the owners. Understanding what the documents actually say is a critical first step to assess who is responsible for a problem.

2. Obtaining an Expert’s Opinion May Be Necessary
Some disputes—particularly those involving construction defects, water intrusion, structural damage, or maintenance responsibilities—require more than legal interpretation. In many cases, it may be necessary to hire an expert, such as an engineer, contractor, or inspector, to assess:

• The cause of damage;

• Whether the issue stems from a common element or an owner’s unit; and/or

• Whether repairs were properly performed.

 Expert opinions can be essential in determining responsibility and strengthening a legal position. However, expert fees and costs are often billed at an hourly rate. This can add up quickly when they have to do an inspection, write a report, testify in a deposition, respond to written discovery, and testify before the court.

3. Associations Must Enforce Rules Fairly and Consistently
While associations generally have broad authority to enforce their rules, that authority is not unlimited. Associations are expected to enforce their governing documents uniformly, not selectively. Rule enforcement that is arbitrary, capricious, or inconsistently applied may be subject to legal challenge.

If an association enforces a rule against some owners but not others—or changes enforcement without justification—that inconsistency can become a central issue in a dispute.

4. Pre-Litigation Mediation May Be Required
Many HOA and condominium disputes are subject to pre-litigation mediation or alternative dispute resolution requirements under governing Florida statute or the Governing Documents. This means the parties may be required to attempt mediation before filing a lawsuit.

While mediation does not guarantee resolution, it can:

• Narrow the issues;

• Reduce costs; and/or

• Lead to faster, more practical outcomes.

Skipping required pre-litigation steps can delay or jeopardize a case.

5. Attorneys’ Fees Provisions Matter
Association governing documents often include provisions requiring homeowners to pay the association’s attorneys’ fees if the association prevails in enforcement actions. While a prevailing homeowner could recover reasonable attorney’s fees, attorney’s fees provisions can significantly increase the financial risk of litigation for owners. Afterall, Associations have deeper pockets and more resources than the common owner. The practical reality of the risk makes the prospect of for being on the hook for such an expense scary prospect.

Before pursuing or defending a claim, it is important to understand:

• Whether a fee-shifting provision applies;

• How fees are calculated;

• Whether fees are recoverable at different stages of a dispute;

• Whether it is realistic to expect attorney’s fees in recovery;

• How long will it take to receive an attorney’s fees recovery; and

• Can you afford to pay attorney’s fees and costs until that time?  

It may be that the attorneys’ fees may exceed the value of the underlying dispute. You may have to consider whether that is a risk worth taking.

Concluding Remarks
Home and condominium association disputes involve more than just disagreements—they involve binding documents, statutory obligations, and real financial consequences. Reviewing the governing documents, understanding enforcement standards, and evaluating procedural requirements can help homeowners and associations make informed decisions before conflicts escalate.

Need Guidance on an HOA or Condo Association Dispute?
Whether you are a homeowner or an association, Compton Law, P.A. can help you evaluate your rights and obligations, navigate pre-litigation requirements, and represent your interests in negotiations or court.

Contact Compton Law, P.A. to discuss your home or condominium association dispute and determine the most effective path forward.