Letter from HOA and Law Offices (Orlando, University: attorney, home, established neighborhood)

[Tampaite]

Newbie here. Need advise. bear with me.

I recently received a letter from one of the local Law Offices and it basically said am receiving it since am in violation of HOA law(specifically regarding the weed growth in my lawn) and need to pay $100 apart from taking care of the violation itself.

This was something out of the blue. The last 'warning' letter that I received from my HOA was in early July and most often, I tend to keep-up my lawn and make sure its weed-free.

Honest Disclosure:- There are times when I let the grass-grow and don't cut the grass for 2-3 weeks esp when its been raining on the weekends and one weekend becomes another weekend( I tend to work on the yard on weekends mostly rather than on weekdays)

I don't know if I have zealous neighbor(which maybe likely) or a zealous property manager(HOA has hired University Properties to manage the community)

The Law Offices listed several neutral mediator(s) and their hourly rate is more than the $100 am asked to pay.

Here is the listing of mediators and their hourly rate.

1. Peter Grill --> $330 an hour.
2. Brian Ross --> $220 an hour.
3. Roland Santiago --> $175 an hour.
4. Mark Shelton --> $300 an hour.
5. Christopher Shulman --> $275 an hour.

Any helpful constructive advise?

[Magnolia Bloom]

Read your governing documents and FS 720. They have to send you a notice and then set a hearing before a covenant enforcement committee. You must be notified of the hearing and will have the opprotunity to state your case. If you are sure that they did not have a hearing, I don't think they can give it to an attorney.

I'm surprised that the fine is only $100. It can be $100 per day up to $1000 per occurance. (IE- you are fined, you cut the grass, let it get bad again and the fines start all over again- another $100 per day fine up to $1000.)

In Florida, an HOA can not lien for unpaid fines, only for unpaid assessments. If you are fined, the association would have to go to court- small claims in your case- to get a judgement against you. And if they never held a hearing before a CEC, they would probably not have much chance of prevailing. If you blew off the hearing, then you stand a good chance of losing.

That said, as a member of an HOA, you really should keep up your lawn. People buy into HOAs BC they expect certain standards to be maintained. The other owners can keep their lawns maintained even though it rains and so should you.

[Mike1306]

Gimme fitty bucks and i'll shank the mouth piece. Problem solved.

[Tampaite]

Originally Posted by HIF

Read your governing documents and FS 720. They have to send you a notice and then set a hearing before a covenant enforcement committee. You must be notified of the hearing and will have the opprotunity to state your case. If you are sure that they did not have a hearing, I don't think they can give it to an attorney.

That said, as a member of an HOA, you really should keep up your lawn. People buy into HOAs BC they expect certain standards to be maintained. The other owners can keep their lawns maintained even though it rains and so should you.

Thanks for your quick response. I don't think I got any hearing(unless I missed it in the mail).

I understand what HOAs are for and I intend to keep my lawn maintained well but I don't like how this situation is being escalated when my HOA has my home phone, cell phone to reach me.

[Qacer]

One of the reasons why I like living in established neighborhoods with no HOA. :-) My aunt once got a letter from the HOA saying that she needed to replace her dead grass. At that time, the county had severe water restrictions, so she was stuck in the middle. But I think she ended up working the issue out.

[Keeper]

HIF..
Don't they have to send you a certified letter notifying you of the hearing?

[algia]

When I was in the board of our HOA in Orlando, we used to send 3 letters of warnings then a letter with the fine due date, Then someone else would take care of the yard in question and send them a bill, if that bill was not addressed we sent it to collections and if even then NOTHING happened our HOA had the power to put a lien on the house!

Not sure if it works the same around here since I see that most HOA's are managed by management companies rather than residents.....but that's what we used to do.

Alex

[nucat78]

Originally Posted by Mike Peterson

Gimme fitty bucks and i'll shank the mouth piece. Problem solved.

Actually I was sitting outside Union Station waiting for a midday train last Friday when "Henry" who had done 19 years and 6 months struck up a conversation with me. He IS looking for work but not that kind.

[LianeJamason]

Pay the fine and pull the weeds. You aren't going to win this one unfortunately. Maybe hire a lawn guy to avoid future occurances.

[algia]

Did that law passed about allowing homeowners to landscape in a way that if we get no rain nothing looks terrible? and not have that conflict and be buffer between the city water restrictions and HOA's??? cause it seemed very reasonable.......there were talks a couple of months ago......anyone know anything?