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HOA Lawsuit: Florida Homeowner Seeks $123,000 for Neglect

  //house-home.news-articles.net/content/2026/02/1 .. florida-homeowner-seeks-123-000-for-neglect.html
  Published in House and Home on Sunday, February 15th 2026 at 7:18 GMT by The Cool Down
      Locales: Florida, UNITED STATES

Palm Beach County, FL - February 15th, 2026 - A Palm Beach County homeowner, Susan Bence, is locked in a legal battle with her Homeowners Association (HOA) after years of alleged neglect led to over $123,000 in damage to her property. Bence's lawsuit isn't an isolated incident; it's emblematic of a growing trend of disputes between homeowners and HOAs across the United States, particularly in states like Florida with a high concentration of communities governed by these associations. While intended to preserve property values and community standards, HOAs are increasingly finding themselves under scrutiny for mismanagement, prioritizing aesthetics over essential maintenance, and wielding undue power over homeowners.

Bence's case centers around the HOA's alleged failure to properly maintain common areas, specifically the roof and related structural elements. This neglect, according to the lawsuit, resulted in persistent leaks, the proliferation of mold, and ultimately, significant structural damage to her home. "They were more concerned with the look of things than the actual repair of things," Bence stated, highlighting a core complaint frequently levied against HOAs: a focus on superficial appearances at the expense of fundamental property upkeep. The claim that cosmetic improvements - in this case, repainting the clubhouse - were prioritized over critical repairs paints a picture of mismanaged funds and a disregard for the long-term health of the community's infrastructure.

Attorney David A. Satterwhite, representing Bence, emphasizes the legal responsibility of HOAs. "HOAs have a responsibility to maintain common areas, and when they fail to do so, it can have devastating financial consequences for homeowners," he explained. This responsibility stems from the HOA's governing documents, which typically outline specific maintenance obligations. However, enforcing these obligations often requires costly and time-consuming legal action, as seen in Bence's case. The financial burden doesn't just fall on the homeowner directly affected; repair costs are ultimately absorbed by all members of the community through increased HOA fees, creating a cycle of frustration and resentment.

A National Trend of HOA Conflicts

The issues raised by Bence's lawsuit resonate far beyond Palm Beach County. Across the country, HOA disputes are on the rise. These conflicts often revolve around issues like landscaping requirements, architectural restrictions, parking regulations, and, increasingly, deferred maintenance. A 2025 report by the Community Associations Institute (CAI), a leading HOA industry group, acknowledges a growing number of legal challenges facing associations, with maintenance failures consistently ranking among the top concerns. The report points to several contributing factors: an aging housing stock requiring more frequent and costly repairs, increasing insurance premiums, and a lack of adequate reserve funding within many HOA budgets.

The Reserve Funding Crisis

Reserve funding - money set aside specifically for future major repairs and replacements - is a critical component of responsible HOA management. However, many HOAs operate with insufficient reserves, leaving them vulnerable when unexpected or large-scale repairs are needed. Experts recommend that HOAs maintain a reserve fund equal to at least 70% of the estimated cost of future repairs. Unfortunately, a significant percentage of HOAs fall short of this benchmark, often due to reluctance to raise HOA fees or a lack of proactive long-term planning. This underfunding ultimately leads to the same scenario witnessed in Bence's case: delayed repairs, escalating damage, and costly legal battles.

Homeowner Recourse and Legislative Efforts

So, what recourse do homeowners have when faced with a negligent HOA? While pursuing legal action, as Bence is doing, is one option, it's often expensive and time-consuming. Many states are now considering or have already implemented legislation aimed at increasing HOA transparency and accountability. These laws often require HOAs to provide homeowners with access to financial records, meeting minutes, and maintenance plans. Some proposals advocate for independent audits of HOA finances and stricter enforcement of maintenance obligations. Florida, in particular, has seen a flurry of legislative activity related to HOA reform in recent years, aiming to balance homeowner rights with the need for effective community governance.

Bence's case serves as a stark reminder that being a homeowner in an HOA-governed community isn't always a guarantee of peace of mind. It underscores the importance of thorough due diligence before purchasing a property within an HOA, including carefully reviewing the governing documents, assessing the HOA's financial health, and attending board meetings to understand the association's priorities. For HOAs themselves, the lesson is clear: prioritizing long-term maintenance and fiscal responsibility is not just good governance, it's essential to protecting property values and fostering a positive community environment.