What kind of recourse or rights do you have against an HOA. I want to get a lawyer but am not sure I have a case.

Asked over 4 years ago - Melbourne, FL

HOA board denied replacing the old leaking skylight calling it a window which they do not cover. Definition of a skylight is it is part of a roof. Now after the fact they are trying to charge me for the installation and I also had to pay to have the roof tarped because they waited too long to authorize the roof to be repaired and a storm was coming. They stated they would cover the roof. No where did i sign a contract or see an estimate for the installation which they are charging me for now. Do I have any recourse against the HOA? I want to get a lawyer but do not know if I have any recourse against them. They are awful to deal with and make up their rules as they go.

Additional information

They covered the roof portion to be fixed. Last year when I put in a workorder about the leak they sent someone over to fix it and all they ended up doing was putting a "bandaid" on the problem. What if I had opted to not replace the skylight and had them close it in, they are responsible for the roofs and would to have had to close it in correct? So what it the difference that I replaced the skylight and they are now coming after me for the installation.

Attorney answers (1)

  1. Rasha Ghazwan Lutfi

    Contributor Level 10

    Answered . Everything depends on your HOA rules and how they relate to the facts in your case. You should meet with an attorney to discuss all of the facts in your case and have them review your HOA rules, etc.
    FYI Fl Dept. of Business and Prof. Regulations website:
    http://www.myfloridalicense.com/dbpr/lsc/homeow...
    Amongst other things, the DBPR handles HOA disputes. Excellent resource for anyone who is a member of an HOA.
    Good luck.

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