Homeowner's Association (HOA) Law - Attorney Holly Rice's notes from the arena:
It's hardly unimaginable for disputes to occur with regularity -- even numbing frequency -- in a planned residential community in Naples or elsewhere in Florida. The sources of acrimony leading to argument and, sometimes, legal disputes -- between neighbors, between property owners and directing boards, between elected condo association members and so forth -- are myriad in any community where many residents dwell and a panoply of rules and regulations govern their conduct.
Well, this tale is sure to rile up just about any individual in Florida or elsewhere across the country who lives in a homeowner or condo association often also referred to as "community associations,"
Yes, it matters if your homeowners' association (HOA) is incorporated. Pursuant to Florida Statute §720.303, "an association must be incorporated. . . ." You can view the entire statute here. The governing documents must be recorded in the official records of the county where the HOA is located. The governing documents include, but are not limited to, articles of incorporation, which establishes the existence of the corporation.
If you live in a home that is part of a homeowners association, you should be well aware of your expectations to pay regular fees. These payments go toward maintenance of shared areas and amenities, building improvements and repairs as well as other expenses and services shared by members of the association.