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Article Courtesy of
Channel 5 WPTV
By
Matt Sczesny
Published December 9, 2022
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WEST PALM BEACH — Homeowner and condo associations are created to maintain
property values but can sometimes be a source of anxiety and stress for some
property owners.
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This is generating new attention after an HOA president and
her husband were fatally shot in Martin County on Saturday.
Generally, disputes over small things can sometimes turn
into costly legal battles.
"I have one guy now disputing over a mailbox, and they're
charging him $100 a day," real estate attorney Mitchell
Nowack, who practices in Palm Beach and Broward counties,
said.
That's just one example that Nowack said he's dealing with
when it comes to HOAs.
Nowack said state laws in Florida allow the associations to
levy fines and liens on property, especially over issues
about home repairs.
"Their job is to have conformity," Nowack said. "Their job
is to make sure that you preserve your neighbors' home value
by not destroying and putting stuff all over your lot that
can take away from the value of property, which is what
they're trying to control."
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South Florida real estate attorney Mitchell Nowack
discusses some of the disputes that may arise involving residents
and HOAs.
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Cinch Home Services, an online home warranty company, this year ranked Florida
as No. 2 in the nation for the most HOA complaints.
Many complaints result from the fines and liens placed by associations on
property owners.
The Cinch study said that the most common citations are over parking, lawn care
and home repairs. It's a power that may be a surprise to many new Florida
residents.
Nowack admits that sometimes taking on an HOA can be difficult and very costly.
"I have a client currently in bankruptcy, and she has a $400,000 judgment levied
against her for legal fees," Nowack said. "The basis for the dispute is that she
wanted the financial records of the association."
His best advice is not to ignore issues when they first come up. He said to try
and work out a solution early before HOA disputes take a bad turn.
"Associations are not for people swimming against the stream," Nowack said.
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