Can I sue my HOA for not keeping up are parks areas where we are to play baseball, basketball, etc?

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Can I sue my HOA for not keeping up are parks areas where we are to play baseball, basketball, etc?

Asked on March 21, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This must be a very frustrating problem.  But you need to look at it from a few different perspectives.  First, it is my understanding that the state of Florida does not not regulate HOA's except for elections.  This is not to say that you have no recourse if the board of directors is breaching their fiduciary duties by not maintianing the areas.  However, you need to find out if the lack of maintentance is due to the lack of funds because some are not paying, etc.  Maybe they are paying the necessary expenses - real estate taxes, etc. - and not spending the money on other things. Time to get involved, find out what is going on and speak up.  Until you know why you can not know how to proceed.  Good luck.


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