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Old 10-26-2013, 09:07 AM
 
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Quote:
Originally Posted by NowSoFlorida View Post
Hopefully you got a receipt or can get one to show them, and show pictures too. An HOA can not target you and ignore other properties in the same development with the same or worse conditions.
Unequal enforcement is one of the largest complaints, and one of my main criticisms about HOA's.
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Old 10-26-2013, 02:11 PM
 
Location: Florida
23,795 posts, read 13,254,341 times
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Here's the thing that many HOAs do not seem to adhere to, and some are not even aware of: please refer to Florida Statute 720.305(2)(b). This law states that HOAs must provide a hearing for any resident before they are allowed to fine them. The hearing must be made up of 3 people who are not employed by, or related to, anyone connected with the HOA Board. When my HOA started sending threats about fines, I replied in writing citing the statute. Apparently the attorney they paid never made them aware of this. They now have a new attorney and a procedure in place for hearings before fining people.

Even when HOAs retain attorneys, I have seen them threatening actions not allowed by law. When we first moved in, the letters threatened that if the resident did not trim the trees, or whatever, the HOA would hire someone to do it and charge the resident. Then they discovered there were "trespassing issues" involved and they could not legally do this. Know your rights.
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