I keep getting violations that are not in the HOA documents. I feel that I am being singled out for various reasons..
Any reaction you take other than to bow to their wishes is liable to make you the target for further aggressions by the HOA. It's just the nature of the HOA industry -- the HOAs have too much power and no regulation by any state agencies. This means your only recourse if you want to take legal action is expensive litigation.
You can try sending the HOA a certified letter reminding them Fla. Stat. 720.7035(1) does not allow the HOA to enforce any rules or restrictions unless they are specifically found in the recorded documents of the HOA. If you are only getting notices and not fines (which must also be authorized by the documents), you may just want to a) do nothing or b) send them a letter telling them you are not violating any provisions of the documents.
You can also try to start a recall of the board, but that is very technical and I recommend you consult with a HOA lawyer.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.
Read the by-laws, find out how to get on the Board, run, win, and change the policy. This is a matter of State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the AVVO website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!
This information is provided as general guidance only, not actual legal advice. I have not reviewed your paperwork, and I may not be licensed practice law in your state. The fine points of your question are often found in the laws of your State. So, this response is not intended to be legal advice and you should rely on this information only to give you some idea of what you should do.
Unfortunately, in Florida your only real recourse is to hire an attorney to take on the HOA. Home Owners Associations are notoriously powerful in Florida and it is very expensive to take them on, In my former practice I represented HOAs and COAs and we rarely lost a challenge. Currently I am the president of the COA where I own a condo so what I am about to tell you comes from experience on all sides of this issue. First, it is very expensive to take them on and if you lose you will likely end up paying both your attorney's fee and costs and those of the HOA. Second, you will definitely become the focus of their wrath.
My advice, read the HOA rules and regulations, attend meetings, comply with all the rules and speak to the board members personally, calmly, and in a friendly manner expressing your desire to fix the situation and get back in the good graces of the Board. This will get you further faster than a full frontal legal assault. If that fails then search for an experienced community association lawyer who specializes in representing home owners. Or, move to a neighborhood that isn't controlled by a legalized oligarchy.
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