What to Do If You Receive a Demand Letter from Your HOA or Condo Association
If you recently received a demand letter from your homeowners association (HOA) or condominium association, you are not alone. These letters often threaten fines, legal action, or offer statutory mediation. While the underlying issue may seem trivial, such as a mailbox being the wrong color or your grass growing an inch too long, ignoring these letters can lead to serious consequences for you and your property.
This article explains why it is important to respond, how associations derive their power, and why working with an attorney who understands their tactics can help you stay protected.
Associations Are Like Mini Governments
HOAs and condo associations function much like small governments. They hold democratic elections, adopt rules, impose penalties, and control many aspects of how you use your property. Unfortunately, a little authority can sometimes go to the heads of the board members running the association.
I would know. I used to represent them.
The good news is that I now use that knowledge to help homeowners push back. I understand how these associations operate, the pressure tactics they use, and when they are overstepping their authority. My job is to keep them in line and ensure they follow the rules just as they expect you to.
Where Associations Get Their Power
In Florida, an association’s authority comes from both statute and contract.
For homeowners associations, Chapter 720 of the Florida Statutes applies. This is known as the Florida Homeowners’ Association Act. For condominiums, Chapter 718 governs, known as the Florida Condominium Act.
Associations also rely on a collection of governing documents that form a binding contract (also referred to as recorded covenants) between the association and each homeowner. These documents typically include:
The Declaration of Covenants, Conditions, and Restrictions (often referred to as the Declaration)
The Articles of Incorporation
The Bylaws
The Rules and Regulations
Any adopted Resolutions or Amendments
All of these documents, read together, outline the rights and obligations of both the association and the homeowners. They also establish what actions the association can take and how enforcement must be carried out. This is why it is important to have an attorney review the documents if you receive a violation letter or threat of enforcement. At times, associations will exceed their authority or skip required steps.
Why You Should Never Ignore a Demand Letter
Even if the alleged violation seems minor, a demand letter from your association should not be ignored. These letters are often the first step toward escalating enforcement, and they usually include deadlines for response. Failing to act can lead to daily fines, suspension of your voting or amenity rights, liens on your property, or even a lawsuit.
There are also serious legal consequences for ignoring certain types of letters. For example, if the association includes a statutory offer to mediate under section 720.311 (for HOAs) or section 718.1255 (for condominiums), and you fail to respond, the association may become entitled to one-sided prevailing party attorney’s fees. This means that if they sue you and you win, you likely won’t be able to recover your attorney’s fees. Meanwhile, the association can still recover its fees if it prevails.
This creates a significant risk. Even if you are in the right, failing to respond properly at the early stage could cost you thousands of dollars later. The better approach is to respond promptly and strategically, with the help of an attorney who understands how these statutes and documents work.
How a HOA Attorney Can Help
If you receive a demand letter from your HOA or condo association, having the right legal counsel can make all the difference. A qualified attorney can:
Review the association’s governing documents and evaluate the validity of the alleged violation
Determine whether the association is acting within its authority
Respond on your behalf in a way that preserves your rights and sets the tone for further communications
Represent you in required mediation or litigation if necessary
Push back against improper fines, unlawful threats, or board overreach
Contact Keough Construction Law, PLLC
At Keough Construction Law, PLLC, we help Florida homeowners defend their rights against overreaching associations. Whether the issue is a minor violation or a major dispute, we are ready to review your case and help you respond effectively.
We are located in Dunedin, Florida, and represent homeowners across the state.
We offer transparent flat fee pricing with no surprise legal bills.
If your association has gone too far, let us help you push back.
Prepared by Attorney Kyle J. Keough on June 10, 2025
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. If you are facing a legal issue, you should consult with a qualified attorney licensed to practice in your jurisdiction.
