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BAD HOA™ by LUKE CARLSON

  • WE WROTE THE BOOK ON BAD HOAS...LITERALLY
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We Only Represent Homeowners

Southwest Florida's HOA landscape was transformed by Hurricane Ian in September 2022. The Category 4 storm devastated communities across Lee County, and the aftermath exposed failures in HOA governance, maintenance, and insurance coverage that continue to generate disputes today. From Sanibel and Fort Myers Beach to Cape Coral and inland communities, homeowners are fighting associations over reconstruction delays, improper assessments, and mismanaged insurance proceeds.

LS Carlson Law represents Fort Myers and Southwest Florida homeowners exclusively in disputes with their HOAs and condominium associations. We never represent the association—only the individual homeowner. Our attorneys understand the specific challenges facing Southwest Florida communities in the post-Ian environment, including the intersection of HOA obligations, insurance disputes, and the new building safety requirements enacted after the Surfside tragedy.

Beyond hurricane-related disputes, Fort Myers homeowners face the same issues plaguing HOAs statewide—selective enforcement, improper fining procedures, assessment violations, and board misconduct. Southwest Florida's rapid pre-storm growth also created many newer communities where governance issues are still being sorted out. Whether your dispute involves a decades-old association in Naples or a newly built community in Estero, LS Carlson Law has the experience to fight for your rights.

With over 17 years of experience and more HOA cases won than any other firm nationwide, we bring aggressive, results-driven representation to homeowners across Lee and Collier Counties.

We Wrote the Book
on Bad HOAs
We Wrote the Book on Bad HOAs - book cover

Types of HOA Disputes We Handle

Southwest Florida homeowners face unique HOA challenges shaped by hurricane exposure, rapid growth, and an aging condo stock.

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Southwest Florida HOAs are required to maintain common areas and shared structures under Florida Statute 720. In the aftermath of Hurricane Ian, many Lee County communities still have neglected roofing, unresolved water intrusion, and deteriorating infrastructure that associations have failed to address. From aging Cape Coral canal-front communities to rebuilt Fort Myers Beach properties, homeowners are paying assessments while repairs go undone. LS Carlson Law holds Southwest Florida HOAs accountable for their maintenance obligations. Contact us to explore your legal options.

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Post-storm rebuilding across Southwest Florida has intensified deed restriction enforcement disputes. HOAs in newly rebuilt and rapidly growing communities from Estero to Bonita Springs are imposing architectural standards that may conflict with reconstruction realities. Under § 720.305, homeowners must receive notice and an opportunity to be heard before an independent fining committee before fines can be imposed. When your HOA enforces restrictions arbitrarily or imposes fines without following proper procedures, you have legal recourse. Contact us to explore your legal options.

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Southwest Florida's large retirement and 55+ communities face unique fair housing challenges. The federal Fair Housing Act, the Housing for Older Persons Act (HOPA), and Florida Statute 760 protect homeowners from discrimination based on race, religion, familial status, disability, and other protected classes. When HOA boards in Naples, Cape Coral, or Fort Myers communities engage in harassment, retaliatory fines, or discriminatory enforcement of age-restriction policies, LS Carlson Law takes aggressive action on your behalf. Contact us to explore your legal options.

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Dense waterfront communities along Fort Myers Beach, Sanibel, and the Cape Coral canal system create close-quarter living that leads to conflicts over shared structures, property boundaries, noise, and amenity use. Post-hurricane reconstruction has intensified these tensions as homeowners and associations navigate rebuilding timelines on adjacent properties. Florida's nuisance laws provide remedies when a neighbor's conduct substantially interferes with your use and enjoyment of your home. LS Carlson Law helps Southwest Florida homeowners navigate these disputes and reach fair resolutions. Contact us to explore your legal options.

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Southwest Florida's resort-style communities feature pools, clubhouses, fitness centers, and waterfront amenities that associations must maintain and fund properly. Under § 720.303, associations must maintain proper records and fund reserves for major repairs and replacements. Post-Hurricane Ian, many Fort Myers and Bonita Springs communities have neglected common area restoration while collecting full assessments. When your HOA blocks access to amenities, neglects maintenance, or improperly reallocates common area funds, LS Carlson Law fights to protect your rights. Contact us to explore your legal options.

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In the stressful post-hurricane environment, selective enforcement and board overreach have intensified in many Southwest Florida communities. Some boards use the chaos of reconstruction to consolidate power, award contracts to favored vendors without competitive bidding, or retaliate against homeowners who question their decisions. Florida courts have consistently held that associations must apply covenants and restrictions uniformly. When your Fort Myers HOA targets you while ignoring identical violations by others, LS Carlson Law documents the inconsistencies and holds boards accountable. Contact us to explore your legal options.

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Southwest Florida HOA boards have a duty to act in the best interests of the community. When negligence leads to property damage, safety hazards, or financial loss, homeowners have the right to take action. Post-storm safety hazards are common in Lee County communities—mold from unaddressed water intrusion, structural defects in storm-damaged buildings, and unsecured common areas. When an HOA breaches its duty of care, homeowners may have grounds for legal action to recover damages. LS Carlson Law helps Fort Myers homeowners hold negligent HOAs accountable. Contact us to explore your legal options.

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Florida Statute 720.306 establishes specific procedures for HOA elections, including notice requirements, voting procedures, and candidate eligibility. Southwest Florida's rapid growth has created large communities where board politics and election manipulation are increasingly common. When boards manipulate elections through improper proxy handling, failure to follow bylaws, or denial of eligible candidates, homeowners lose their voice in community governance. LS Carlson Law challenges fraudulent HOA elections across Southwest Florida. Contact us to explore your legal options.

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Florida Statute 163.04 protects homeowners' right to install solar energy systems, and HOAs cannot prohibit solar collectors or other energy devices based on renewable resources. Southwest Florida's abundant sunshine makes solar an increasingly popular investment, yet many Fort Myers and Cape Coral HOAs continue to obstruct installations through excessive aesthetic requirements, unreasonable approval delays, or outright denials. LS Carlson Law enforces your solar rights against overreaching associations. Contact us to explore your legal options.

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Southwest Florida homeowners face a perfect storm of rising assessments—driven by skyrocketing insurance premiums, post-Surfside building safety requirements, and Hurricane Ian reconstruction costs. Many Fort Myers and Cape Coral homeowners are receiving five- and six-figure special assessment notices. Under § 720.308, these assessments must follow specific procedures for proper notice, board authorization, and in many cases membership approval. When your HOA imposes assessments without following these requirements, fails to provide financial justification, or misallocates funds, LS Carlson Law challenges them on your behalf. Contact us to explore your legal options.

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Hurricane Ian's devastation of Southwest Florida in September 2022 created an unprecedented wave of HOA disputes that continues today. Common issues include associations that failed to maintain adequate insurance coverage before the storm, disputes over how insurance proceeds are allocated between common areas and individual units, unreasonable reconstruction timelines that leave homeowners in limbo, and emergency assessments imposed without proper procedures. From Sanibel and Fort Myers Beach to inland Lee County communities, LS Carlson Law has extensive experience navigating post-disaster HOA disputes across Southwest Florida. Contact us to explore your legal options.

Frequently Asked Questions

HOA disputes in the Fort Myers area are filed in Lee County Circuit Court at 2075 Dr. Martin Luther King Jr. Blvd in Fort Myers. For homeowners in Naples or Marco Island, cases are filed in Collier County Circuit Court. Before filing, Florida Statute § 720.311 requires mandatory pre-suit mediation through the DBPR.

Hurricane Ian devastated Southwest Florida in September 2022, and the aftermath created a wave of HOA disputes that continues today. Common issues include disputes over reconstruction timelines, insurance proceeds allocation, emergency assessments for rebuilding, failure to maintain adequate pre-storm insurance, and disagreements over whether to repair or rebuild common areas. Many associations are still resolving these issues years later, and some homeowners remain displaced while disputes drag on.

Yes. We represent homeowners across Southwest Florida, including Fort Myers, Cape Coral, Naples, Marco Island, Bonita Springs, Estero, Lehigh Acres, Sanibel, Fort Myers Beach, and surrounding Lee and Collier County communities. Whether your community was directly impacted by Hurricane Ian or faces other HOA challenges, our attorneys can help.

Yes. Florida's post-Surfside legislation requires milestone structural inspections for condominiums three stories or taller that are 30 years old (25 years if within three miles of the coast). Many Fort Myers and Cape Coral condos meet these thresholds. Associations must also complete structural integrity reserve studies and fund reserves accordingly—eliminating the prior ability to waive reserves by vote. These requirements are driving significant special assessments across Southwest Florida.

Southwest Florida's coastal condo stock is heavily affected by post-Surfside building safety legislation. Condominiums three stories or taller must undergo milestone structural inspections at 30 years of age (25 years within three miles of the coast) and complete structural integrity reserve studies. Many Fort Myers, Cape Coral, and Fort Myers Beach condos meet these thresholds, triggering significant assessment obligations. Associations can no longer waive reserves by vote, which means owners may face large special assessments to fund required reserves. Our attorneys help condo owners navigate these requirements and challenge assessments that don't follow proper procedures under Chapter 718.

Yes. Under Florida Statute § 720.308, HOAs must follow specific procedures when levying special assessments—including proper notice, board authorization, and in many cases membership approval as outlined in the governing documents. If your Fort Myers HOA imposed a special assessment without following these requirements, you may have grounds to challenge it. Common issues include assessments imposed without proper notice, lack of required membership votes, failure to provide financial justification, and assessments that exceed the board's authority. Our attorneys review the assessment process and pursue legal remedies on your behalf.

"I have worked with several attorneys over the 40+ years I have been in business and LS Carlson Law is the only law firm I felt put my problem first and not hell-bent on running up a massive bill."

Patrick Thomas - Google

"We strong-armed the other side into submission and they are now paying dearly for crossing me!"

Albee Flore - Google

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Homeowner Empowerment

Homeowner empowerment means equipping you with the knowledge, tools, and unwavering legal muscle to stand up to any overreaching HOA. It’s at the heart of everything we do—turning 15+ years of HOA courtroom victories and over 400 five-star reviews into a movement that shifts the balance of power back to you. Because when homeowners know their rights and have a fiercely dedicated advocate on their side, unfair fines, arbitrary rules, and selective enforcement don’t stand a chance. That’s why empowering you isn’t just part of our practice—it’s our mission.

Bad HOA™ Book

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We Wrote the Book on Bad HOAs... Literally. In Bad HOA™, we distill years of legal worker into a clear, no-nonsense guide designed to help homeowners understand their rights, stand their ground, and take legal action when necessary.

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This podcast delves into the myriad ways HOAs can fall short of their duties, providing listeners with a how-to resource to handle disputes and understand different personality types within HOAs. Each episode features in-depth analysis of common homeowner grievances, interviews, and real-life situation assessments. "Bad HOA" equips you with the knowledge to ensure that your HOA serves you.

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Your voice matters. LS Carlson Law is leading the charge to change broken HOA laws. Learn how you can support legislative efforts, speak up in your community, and help dismantle the power imbalance. It’s time to hold HOAs accountable — from the inside out.

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Articles, News & Resources

Understanding Your Legal Rights Regarding Hurricane Protection in Florida HOAs
ARTICLE

Understanding Your Legal Rights Regarding Hurricane Protection in Florida HOAs

Florida law now requires all HOAs to adopt Hurricane Protection Specifications, giving homeowners the right to install approved storm protection without arbitrary denial. Learn what qualifies as hurricane protection and how to obtain your HOA's official specifications.

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Taking Action: How to Remove a Tyrannical HOA Board Member in Florida
ARTICLE

Taking Action: How to Remove a Tyrannical HOA Board Member in Florida

At LS Carlson Law, we understand the frustration and stress Florida homeowners experience when dealing with overbearing and tyrannical HOA board members. When a board member abuses their power, misinterprets governing documents, or targets specific homeowners with violations, it can significantly im

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Navigating HOA Rule Enforceability in Florida: What Homeowners Need to Know
ARTICLE

Navigating HOA Rule Enforceability in Florida: What Homeowners Need to Know

At LS Carlson Law, we understand the challenges homeowners face when dealing with questionable HOA rules in Florida communities. Many homeowners are unaware of which rules are actually enforceable and which ones cross legal boundaries. Florida has implemented significant protections for homeowners a

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Understanding Your Right to HOA Records in Florida: A Complete Guide to Record Inspection
ARTICLE

Understanding Your Right to HOA Records in Florida: A Complete Guide to Record Inspection

At LS Carlson Law, we understand that transparency in HOA operations is crucial for protecting homeowner rights in Florida. Many homeowners don't realize they have a legal right to inspect their association's records. Whether you're concerned about financial management, board decisions, or contract

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When Requesting Your HOA’s Official Records, Don’t Take “No” for an Answer
ARTICLE

When Requesting Your HOA’s Official Records, Don’t Take “No” for an Answer

At LS Carlson Law, we're seeing a significant shift in Florida HOA law that empowers homeowners to demand transparency from their associations. A recent appellate court decision has reinforced homeowners' rights to access ALL official HOA records under Section 720.303. This landmark case establishes

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Understanding Florida's New HOA Laws Effective July 1, 2024
ARTICLE

Understanding Florida's New HOA Laws Effective July 1, 2024

Homeowners' associations (HOAs) in Florida are experiencing a wave of legislative changes that promise to reshape how these organizations operate. In our recent podcast, we dove into these developments with Jeffrey Kominsky, managing partner of LS Carlson Law's Florida office, who shared valuable in

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Florida HOA and COA Board Members just got “Schooled”: Understanding the New Education Requirements under House Bills 1203 and 1021
ARTICLE

Florida HOA and COA Board Members just got “Schooled”: Understanding the New Education Requirements under House Bills 1203 and 1021

Sir Winston Churchill once proclaimed, “Where there is great power, there is great responsibility.” This timeless adage has not only been echoed by the likes of Stan Lee’s Spiderman but has become the bedrock for modern day fiduciary relationships in America and across the globe. But who do you thin

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Enhancing Transparency and Accountability in Florida HOAs
ARTICLE

Enhancing Transparency and Accountability in Florida HOAs

Effective July 1, 2024, Florida's HB 1023 mandates increased transparency and accountability in HOA management, requiring comprehensive information disclosure by property managers and imposing educational requirements on HOA Board Members.

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Navigating the New Landscape: Recent and Upcoming HOA Laws in Florida (2024)
ARTICLE

Navigating the New Landscape: Recent and Upcoming HOA Laws in Florida (2024)

In the intricate world of Homeowners Associations (HOA) in Florida, 2023 has been a landmark year with seven significant laws coming into effect, reshaping the governance and operation of community living. As we look to 2024, two more laws are set to take effect, with three additional proposals on t

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Navigating Condo Association Challenges: Insights from Attorney Jeff Kominsky
ARTICLE

Navigating Condo Association Challenges: Insights from Attorney Jeff Kominsky

Introduction: In a recent CBS 4 Miami feature, Attorney Jeff Kominsky, Florida Partner at LS Carlson Law, shed light on the challenges faced by homeowners dealing with condo association issues. The plight of residents at Carriage Hills highlighted the frustration, confusion, and concern that often a

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LS Carlson Law is proud to be considered an Elite Strike Force in the Legal Industry. We are comprised of battle-tested, highly skilled lawyers who operate with a single objective — to win.

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Tell Us About Your HOA Dispute

When you hire LS Carlson Law, you get aggressive Florida HOA attorneys who understand the unique challenges facing Southwest Florida homeowners. Call us now or fill out the form to set an appointment.

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