As a general principle, it is a self-feeding cycle whereby unjust, pro-HOA laws serve to further create unjust judicial precedent. Homeowner justice is repeatedly denied as more and more cases rely on bad court opinions based on unjust laws, solidifying the strength and weight of these earlier cases that serve as precedent. It is a primary cause of the failure to obtain justice for homeowners in HOAs.
“Reflecting this considerable body of law, the newest version of the Restatement of Property (Servitudes) provides that “a common-interest community has the power to raise the funds reasonably necessary to carry out its functions by levying assessments against the individually owned property in the community….” Restatement (Third) of Property: Servitudes § 6.5(1)(a) (2000). In addition, as explained in a comment to that section, the power to levy assessments “will be implied if not expressly granted by the declaration or by statute.” Id. at § 6.5 cmt. B.
(Florida Supreme Court opinion in Evergreen Village).
Read the full Research Memo, No. 2.