Flagler County HOA Attorneys

The board has a fiduciary duty to address documented infrastructure problems. First, commission a reserve study and engineering assessment. Document deferred maintenance thoroughly. Then present options to members: special assessment, long-term funded plan, or combination approach. Most courts expect boards to address documented problems rather than ignoring them indefinitely. Palm Coast neighborhoods aging as they are creating widespread reserve funding challenges. Transparent, early communication with members is essential. Work with an attorney to ensure proper process.

Unlikely for private seawalls. If the county or state owns the seawall, they may bear repair responsibility. If it's private (HOA or member-owned), the owner bears responsibility. Document ownership clearly. If the HOA owns it, a special assessment is likely necessary. You may have claims against the contractor if the seawall failed prematurely due to construction defects. Consult an attorney and marine engineer together. Don't delay, failing seawalls create safety and environmental issues. Immediate action protects the community and limits liability exposure.

Shared governance creates complexity, ensure agreements are clear about responsibilities, funding, and decision-making authority. Review any inter-governmental agreements carefully. If the county is responsible for certain services (roads, water, etc.), document this clearly. Disputes often arise when responsibilities are ambiguous. Consult an attorney to review agreements and ensure clear delineation. Also understand liability implications of joint governance, some activities may be government-immune, others HOA-liable. Professional legal review of shared governance agreements is worthwhile.