Your neighbor’s outdoor kitchen violates the same architectural guidelines your HOA cited when fining you $1,000 for a small garden shed. The board president sends you daily emails about minor violations while ignoring the abandoned car that’s been sitting in another homeowner’s driveway for six months. Sound familiar? When HOA enforcement crosses the line from maintaining community standards to targeting specific homeowners, you may have legal grounds to fight back.
Florida homeowners associations govern over 50,000 communities across the state, and while most operate fairly, some boards abuse their power. If your HOA singles you out for enforcement, intimidates you for questioning decisions, or discriminates against you based on protected characteristics, Florida law provides several paths to justice.
At Gomez Law, we exclusively represent homeowners in disputes against their associations. With over 20 years of experience fighting HOA overreach, attorney Eduardo Gomez helps Florida homeowners protect their rights and hold associations accountable. This guide explains when HOA actions constitute harassment, your legal options, and how to build a strong case.
As a Miami HOA attorney, we have helped hundreds of Florida homeowners stand up to HOA harassment and win. Schedule your free, confidential consultation at (305) 720-9601 to learn how we can turn the tables on your association’s abuse of power.
What Constitutes HOA Harassment in Florida?
Florida law doesn’t specifically define “HOA harassment,” but certain association behaviors violate homeowners’ rights and create grounds for legal action. Understanding the difference between legitimate enforcement and harassment helps you determine whether you have a case.
Legal Definition and Standards
For HOA conduct to qualify as actionable harassment, it must be pervasive, targeted, and serve no legitimate community purpose. Isolated incidents or minor disagreements typically don’t meet this threshold. Courts look for patterns of behavior that demonstrate the association acts with improper motives rather than good faith covenant enforcement.
The conduct must go beyond simple annoyance or frustration. Florida courts require evidence showing the HOA’s actions are either discriminatory, retaliatory, or so unreasonable that they violate the board’s fiduciary duty to treat all homeowners fairly.
Most Common Forms of HOA Harassment
Selective enforcement occurs when your HOA enforces rules against you while ignoring identical violations by other homeowners. If the association fines you for parking your work truck in your driveway but allows your neighbor’s commercial van to remain without penalty, you’re experiencing selective enforcement.
Excessive fining without following proper procedures violates Florida Statute § 720.305. HOAs must provide written notice of violations and offer you 14 days to correct the issue before imposing fines. They must also give you the opportunity for a hearing before an independent committee. Boards that skip these steps or impose unreasonable fines for minor infractions may be engaging in harassment.
Discrimination based on race, color, religion, national origin, sex, disability, or familial status violates both federal Fair Housing laws and Florida civil rights statutes. This includes denying reasonable accommodations for disabilities or treating families with children differently than other residents.
Intimidation and retaliation happen when boards punish homeowners for exercising legal rights. If your HOA suddenly finds multiple violations after you request financial records or speak against the board at meetings, you’re likely facing retaliation.
Privacy invasion through excessive or unnecessary property inspections goes beyond reasonable covenant enforcement. While HOAs can inspect visible areas for compliance, entering your property without cause or conducting frequent, intrusive inspections may constitute harassment.
Selective Enforcement: Your Strongest Legal Argument
Selective enforcement claims offer homeowners one of the most powerful defenses against HOA harassment. Florida courts have established clear precedents protecting homeowners from arbitrary and discriminatory rule enforcement.
The Legal Standard
The Florida Supreme Court set the standard in White Egret Condominium, Inc. v. Franklin, holding that restrictions must be “enforced uniformly or not at all.” This means your HOA cannot choose which homeowners must follow certain rules while giving others a pass.
To prove selective enforcement, you need to establish four elements. First, other homeowners violated the same rule or covenant. Second, your HOA knew about these violations. Third, the association chose not to enforce the rule against those homeowners. Fourth, the HOA is now attempting to enforce the rule against you specifically.
Building Your Case
Document everything that supports your selective enforcement claim. Take date-stamped photographs of similar violations throughout your community. If your HOA fined you for leaving trash cans visible from the street, photograph every neighbor who does the same without facing penalties.
Create a detailed log showing when you notified the HOA about other violations and their response, or lack thereof. Save all correspondence with the association, including emails, violation notices, and meeting minutes that show inconsistent enforcement patterns.
Request records from your HOA showing all violations issued in the past two years. Florida Statute § 720.303 gives you the right to inspect association records, which can reveal whether the board targets certain homeowners while ignoring others.
Important Exception: Developer vs. Association Actions
One critical exception exists in selective enforcement cases. If a developer controlled your HOA when certain violations were allowed, the homeowner-controlled board can begin enforcing those rules without it constituting selective enforcement.
Florida courts established this principle in Ladner v. Plaza Del Prado Condominium Association. The court ruled that “prior actions of a developer cannot be used against the association in an attempt to establish selective and arbitrary conduct by the association.” This means if the developer let homeowners install different mailboxes, the homeowner-controlled board can require uniformity going forward.
Many HOA declarations include anti-waiver clauses stating that failure to enforce restrictions previously doesn’t waive the right to enforce them later. Courts give these provisions strong presumptions of validity, but the association must apply enforcement uniformly among all current homeowners.
Your Legal Options Against HOA Harassment
When facing HOA harassment, Florida law provides multiple avenues for relief. Understanding these options helps you choose the most effective strategy for your situation.
Pre-Litigation Requirements
Before filing a lawsuit, Florida Statute § 720.311 requires attempting pre-suit mediation for most HOA disputes. You must send a written demand for mediation by certified mail, specifying the nature of your dispute and your requested resolution. Include several proposed certified mediators in your demand.
Your HOA has 20 days to respond. If they refuse mediation or fail to respond, you can proceed with litigation. The mediation requirement doesn’t apply to certain disputes, including requests for injunctive relief to stop ongoing harassment.
Many associations have internal dispute resolution procedures outlined in their bylaws. While using these procedures isn’t always mandatory, attempting internal resolution shows good faith and may strengthen your case if litigation becomes necessary.
Causes of Action You Can Pursue
Breach of Fiduciary Duty claims arise when board members violate their obligation to act in good faith for all homeowners’ benefit. Florida Statute § 720.303(1) requires directors to discharge their duties fairly and reasonably. Using their position to pursue personal vendettas or target specific homeowners breaches this duty.
Fair Housing Act Violations provide powerful federal protection against discrimination. If harassment relates to your race, religion, disability, or other protected characteristic, you can file complaints with HUD or pursue federal court action. These claims often result in significant damages and attorney fee awards.
Declaratory and Injunctive Relief asks the court to declare your rights under the governing documents and order the HOA to stop harassing conduct. This remedy works particularly well for ongoing harassment situations where you need immediate relief.
Selective Enforcement Defense becomes available when your HOA tries to enforce rules against you. Rather than suing the association, you raise selective enforcement as a defense to their enforcement action, potentially defeating their claims entirely.
Damages You Can Recover
Successful harassment claims can result in various forms of compensation. Emotional distress damages compensate you for the mental anguish, anxiety, and suffering caused by the HOA’s conduct. While these damages require substantial proof, persistent harassment often provides the necessary evidence.
Attorney’s fees may be recoverable under certain statutes or if your governing documents provide for fee-shifting. Fair Housing Act violations and certain statutory claims include attorney fee provisions that make it economically feasible to pursue justice.
Courts can issue injunctions ordering the HOA to stop specific behaviors, reverse improperly imposed fines, remove liens, and treat you fairly going forward. This equitable relief often provides the most valuable outcome for homeowners who want to remain in their communities peacefully.
How to Document and Report HOA Harassment
Building a strong case requires meticulous documentation from the moment you suspect harassment. The evidence you gather now determines your success later.
Essential Documentation
Maintain a detailed incident log recording every interaction with your HOA. Include dates, times, people involved, and witnesses present. Describe what happened objectively, focusing on facts rather than emotions or assumptions.
Save every piece of HOA communication, including emails, letters, violation notices, and meeting minutes. Create both digital and physical copies organized chronologically. If your HOA communicates verbally, follow up with written confirmation of what was discussed.
Photograph similar violations by other homeowners that your HOA ignores. Ensure photos clearly show the violation, the property address, and the date taken. These images prove selective enforcement if your HOA claims they enforce rules uniformly.
If your state’s recording laws permit, record board meetings and interactions with board members. Florida is a two-party consent state, so all parties must agree to recording. However, HOA meetings where official business occurs are generally considered public and can be recorded.
Reporting Process
Start by submitting a written complaint to your HOA board describing the harassment and requesting it stop. Send this via certified mail to create a paper trail. Give the board a reasonable opportunity to address your concerns before escalating.
Attend board meetings to voice your concerns publicly. Speaking during the homeowner comment period creates an official record of your complaints and may prompt other homeowners experiencing similar treatment to come forward.
If internal complaints don’t resolve the issue, file a formal complaint following your HOA’s bylaws and declaration procedures. This exhausts internal remedies and strengthens your position if legal action becomes necessary.
When to Contact an HOA Attorney
Certain situations demand immediate legal intervention to protect your rights and prevent further harm.
Multiple fines within a short period, especially for minor or questionable violations, suggest targeted harassment. If your HOA issues several fines monthly while ignoring similar violations by others, an attorney can help stop the pattern before fines escalate beyond your ability to pay.
When your HOA ignores your responses to violations or refuses to provide hearings required by law, they’re violating your due process rights. Legal intervention can force the association to follow proper procedures and potentially invalidate improperly imposed fines.
Threats of foreclosure or liens for unpaid fines or assessments require immediate attention. Florida HOAs have powerful collection tools, but they must follow specific procedures. An attorney can ensure the association follows the law and protect your home from wrongful foreclosure.
Clear patterns of discrimination based on protected characteristics violate federal and state law. If harassment appears connected to your race, religion, disability, or family status, an attorney can pursue Fair Housing Act claims that carry significant penalties for violating associations.
At Gomez Law, we exclusively represent homeowners against their associations, never the other way around. Attorney Eduardo Gomez brings over 20 years of experience fighting HOA overreach. We work on contingency for many cases, meaning no upfront costs for homeowners facing association harassment. Our bilingual team provides personalized attention to each client, ensuring you receive the dedicated representation you deserve.
Take Action Against HOA Harassment Today
HOA harassment affects your quality of life, property values, and peace of mind. Florida law protects homeowners from association abuse, but enforcing these protections requires understanding your rights and taking appropriate action. Don’t let your HOA’s harassment continue unchecked.
Contact Gomez Law today at (305) 720-9601 or visit gomezpa.com for a free consultation about your HOA harassment case. Let us fight for your rights while you focus on enjoying your home.