When your association oversteps, you need a litigator who knows the statute.
Ludwin Law Group represents homeowners and unit owners in disputes with their HOAs and condominium associations across Palm Beach County and South Florida, with a clear strategy from day one.
What is your situation?
Your association answers to the law, and to its own documents.
A homeowner in Florida can take legal action against a homeowners association (HOA) or condominium association when the association enforces its rules selectively, levies improper fines or assessments, refuses a valid records request, or fails to follow its own governing documents or Florida law. HOAs are governed by Chapter 720 of the Florida Statutes and condominium associations by Chapter 718. Both must act within the authority granted by their declaration, bylaws, and the statute. When they do not, an owner has remedies, and many disputes require pre-suit mediation before a lawsuit is filed.
An association is not a government. Its power comes from a contract, the declaration of covenants and the bylaws, and from the Florida statute that governs it. When a board acts outside that authority, the homeowner is the one with the law on their side.
Ludwin Law Group is a boutique civil litigation firm in Delray Beach. We represent individual owners in disputes with their HOAs and condominium associations across Palm Beach County and South Florida. These are civil disputes at their core, contract interpretation, statutory rights, and litigation, and that is the work our firm does every day.
If your dispute can be resolved with a demand letter or through mediation, we will tell you that. If it needs to be litigated, we handle it from the first filing through trial. If you serve on an association board rather than fighting one, see our community association representation page.
We represent individual owners in disputes with their associations throughout Palm Beach County and South Florida.
- Homeowners facing selective or improper covenant enforcement
- Unit owners disputing fines, fees, or special assessments
- Owners denied access to official association records
- Owners defending against association liens or foreclosure
- Owners denied architectural or improvement approvals
- Owners harmed by a board that ignores its own documents
What we handle.
From unfair fines to records the board will not turn over, we handle the full range of owner-side disputes under Florida’s condominium and homeowners association statutes.
Selective & Improper Enforcement
When the association enforces a rule against you while ignoring identical conduct by others, or enforces a rule it has no authority to enforce. Inconsistent enforcement can be both a defense and the basis for your own claim.
Ch. 720 / 718Fines & Assessment Disputes
Challenges to improper fines, unverified special assessments, and charges that exceed the association’s authority under its documents and the statute.
AssessmentsRecords Requests
Enforcing your statutory right to inspect official records when the association delays, redacts, or refuses. The records you are denied are often the ones that prove the board acted improperly.
Owner RightsLien & Foreclosure Defense
Defending owners when an association records a lien or moves to foreclose over disputed assessments or fines. When your home is the collateral, the notice and response deadlines control the outcome.
High StakesCovenant & Architectural Disputes
Denied improvement requests, inconsistent architectural review, and enforcement actions over your use of your own property. Under Florida’s HOA law, an HOA that denies a request generally must identify the specific rule relied on.
Governing DocsBoard Conduct & Fiduciary Duty
Disputes involving directors who breach their fiduciary duties, mishandle elections, or act outside the powers granted by the governing documents.
GovernanceAssociation dispute types we handle.
Every association dispute turns on two things, your declaration and the Florida statute, and on the specific facts. Below is a closer look at the disputes we handle most, and what you should know before contacting an attorney.
Selective and improper enforcement
Selective enforcement is one of the most common and most winnable owner-side claims in Florida. If the association penalizes you for something it routinely permits from other owners, that inconsistency can be a defense to the enforcement action and, in some cases, the basis for your own claim.
- The rule exists in the governing documents and was validly adopted
- The board has enforced the rule evenly across the community
- The rule does not conflict with the recorded declaration or Florida law
Enforcement can also be improper when the association tries to enforce a rule that conflicts with its recorded declaration, or a rule that was never validly adopted. Documenting the inconsistency is what makes the claim.
Fines, fees, and special assessments
Florida law limits how and when an association can fine an owner or levy an assessment. Fines generally require notice and an opportunity to be heard before an independent committee, and there are statutory limits on certain fines.
- Fines imposed without the required notice and hearing
- Special assessments that did not follow the required procedure
- Charges that cannot be verified against the association’s own records
We review whether the association followed the required process, whether the charge is within its authority, and whether the amount can be verified. A fine or assessment imposed without the correct process may be improper.
Access to official records
Florida gives owners a statutory right to inspect the official records of their association, and sets deadlines the association must meet. When a board stonewalls, over-redacts, or refuses a proper written request, the owner has remedies.
- Written requests that go unanswered past the statutory deadline
- Improper redaction or refusal to produce official records
- A detailed accounting of amounts the association claims you owe
Association liens and foreclosure defense
This is where the stakes are highest. A Florida association can record a lien for unpaid assessments and, in some circumstances, foreclose, potentially costing an owner their home or unit over a disputed balance.
- Whether the underlying assessment was valid
- Whether the association followed the required pre-lien and pre-foreclosure notice steps
- Whether the amount claimed is accurate
Covenant and architectural disputes
Denied a request to add a structure, change your landscaping, or improve your property? Under Florida’s homeowners association law, an HOA that denies an architectural request generally must point to the specific rule or covenant it relied on.
- Inconsistent architectural review across similar requests
- Enforcement actions tied to your use of your own property
- Rules that exceed what the declaration actually allows
A vague or unsupported denial is harder for an association to defend. We measure the denial against the governing documents and how other requests were handled.
Board conduct, elections, and fiduciary duty
Directors of a Florida association owe fiduciary duties to the members. When a board mismanages the association’s affairs, manipulates or mishandles an election, retaliates against an owner, or acts outside the authority in the governing documents, owners have avenues to hold it accountable.
- Breach of the directors’ fiduciary duties
- Election disputes and improper recall or voting procedures
- Retaliation against an owner who asserts their rights
We evaluate whether the conduct breaches the directors’ duties or the statute, and what relief is realistically available.
Why your association dispute needs the right litigator.
Most attorneys who advertise HOA experience in Florida represent the associations, not the owners. Association disputes are won on two things: a close reading of the governing documents and command of the Florida statute that applies. A boutique litigation firm that reads the declaration line by line and knows Chapters 718 and 720 is positioned to hold a board to the exact limits of its authority.
These are statute-and-contract disputes, which is what we do
HOA and condo fights are civil litigation grounded in a declaration and a Florida statute. That is the core of our practice.
We read the governing documents line by line
The declaration and bylaws set the exact limits of a board’s power. We measure the association’s action against what those documents actually permit.
Selective enforcement and records claims reward preparation
The winnable owner-side claims are built from documents and a careful factual record. We build that record early.
Florida requires pre-suit steps in many disputes
Chapter 720 requires pre-suit mediation for many HOA disputes, and Chapter 718 has its own pre-suit procedures. Knowing which applies keeps your case on track.
Lien and foreclosure timelines are unforgiving
When your home is the collateral, the notice and response deadlines control the outcome. We move quickly to protect your rights.
Boutique firm, close attorney oversight
Ludwin Law Group is a boutique civil litigation firm in Delray Beach where cases are handled with close attorney oversight and personalized attention from start to finish. Our 5.0 Martindale-Hubbell rating and 55 five-star Google reviews reflect how we work.
What happens when you call us.
Free Case Review
Tell us what happened. We read your notice, fine, or denial and tell you honestly what your options are. Confidential, no obligation.
Review the Documents
We pull your declaration, bylaws, and the association’s records, and measure the board’s action against what those documents and Florida law actually permit.
Pre-Suit Resolution
Many Florida association disputes require mediation or another pre-suit step first. Where a demand letter or mediation can resolve it, we pursue that path.
Litigate When Necessary
When the association will not correct course, we take the dispute to court and pursue every available remedy.
Ready to discuss your association dispute?
Free, confidential consultation. No obligation. We review your governing documents and the association’s action and give you an honest assessment of your options.
HOA & condo dispute FAQ.
Answers to the questions owners ask most often before contacting an attorney about an association dispute in Florida.
Yes, when the association acts outside the authority in its governing documents or violates Florida law, an owner can take legal action. In many disputes, Florida law first requires the parties to attempt pre-suit mediation (for HOAs under Chapter 720) or another statutory pre-suit procedure (for condominiums under Chapter 718) before a lawsuit is filed. An attorney can tell you which process applies to your situation.
Selective enforcement is when an association penalizes one owner for conduct it permits from others. Because a board generally must enforce its rules evenly, inconsistent enforcement can be both a defense to the association’s action and, in some cases, the basis for the owner’s own claim. The key is documenting the inconsistency.
Florida gives owners a statutory right to inspect the official records of their HOA or condominium association, and sets deadlines the association must meet for responding to a proper written request. If the association delays, redacts improperly, or refuses, the owner has remedies.
An association can fine owners only as its governing documents and the statute allow. Fines generally require advance notice and an opportunity to be heard before an independent committee, and Florida law caps certain fines. A fine imposed without the required process may be improper.
Yes. A Florida association can record a lien for unpaid assessments and, in some circumstances, foreclose. Because your home or unit can be at risk, these are the most urgent disputes. Whether the lien is valid often depends on whether the assessment was proper and whether the association followed the required notice steps.
Florida enacted significant community association reforms that took effect in 2024 and 2025, strengthening owner rights around records access, transparency, architectural decisions, fines, and board accountability. These changes affect how associations must operate and give owners additional grounds to challenge improper conduct. An attorney can explain how they apply to your community. For a plain-language breakdown, see our guide to the 2024-2025 Florida HOA and condo law changes.
For many HOA disputes, yes. Chapter 720 requires pre-suit mediation for a range of disputes before either side files suit. Condominium disputes under Chapter 718 follow their own pre-suit procedures. These steps are meant to resolve disputes efficiently, and an attorney can guide you through them.
Possibly. Under Florida’s homeowners association law, an HOA that denies an architectural or improvement request generally must identify the specific rule or covenant it relied on. If the denial is inconsistent with how other requests were handled, or the rule cited does not actually support the denial, you may have grounds to challenge it.
A homeowners association governs a community of separately owned lots or homes and is regulated by Chapter 720. A condominium association governs a building or development of individually owned units with shared common elements and is regulated by Chapter 718. The two statutes differ in important ways, which is why identifying the right one matters from the start.
Ludwin Law Group handles both owner-side and association-side matters, which means we understand exactly how boards and their counsel approach these disputes. When we represent an owner, that perspective helps us anticipate the association’s position and press the argument where it is weakest. We do not represent both sides of the same matter.
Adam M. Ludwin, Founder
Adam Ludwin founded Ludwin Law Group to represent clients in complex civil litigation from its Delray Beach office. HOA and condominium disputes sit squarely within that practice, because at their core they are contract and statutory disputes: a declaration, a set of bylaws, and the Florida chapter that governs the association.
The firm represents individual owners across Palm Beach County and South Florida in disputes with their associations, from selective enforcement and records demands to fines, assessments, and lien and foreclosure defense. The approach is the same in every matter: read the governing documents closely, measure the board’s action against the statute, resolve the dispute through pre-suit steps where possible, and litigate when the association will not correct course.
Adam holds a 5.0 Martindale-Hubbell Peer Review Rating, the highest available, and has earned 55 five-star Google reviews. He is admitted to The Florida Bar and to the U.S. District Courts for the Northern, Middle, and Southern Districts of Florida, and is a member of the American Bar Association.
Credentials & Experience