Fl HOA help, please

michaelB2 - your president can cry all he/she wants, you just had to take a vote to sue, what's makes the president he can bully you into moving the fence without a vote of the community? speak with your local code department and discuss the location of your fence, get their opinion on it's need to avoid the box, and seek a variance in writing. provide the entire board c/o the management company (if you have one) a letter explaining the fence location, the reason it is located there to avoid the power box, the amount of time it has been located there, and the borough's recommendation you get a variance. i assume the 3 unsigned ballots were in favor of suing? if so, the real election results were 29 to 30. does your hoa provide owners adequate written notice of a cc&r violation, a date fines will be imposed, and an ADR (alternative dispute resolution) procedure to discuss the violation and come up with an amicable resolution.

Thank you both for the reply and anyone feel free to weigh in.
To answer a couple questions, yes the unsigned votes were to sue and no our CC&R have no guidance for disputes except to say losing partys pay all attorney fees. we have no management company and a few years ago when I requested official records (and denied) the President and secretary both admitted to never even having read the Fl statutes for HOA's. We have 400k to 1 mil plus houses but there are just enough 'old timers' to get votes to keep themselves in office, mainly because nobody wants to do it and anyone who tries is subjected to harassment. Its sad because for years we had a very quiet community but now we are very divided. We are keeping logs and information about the selective enforcement and this is headed for court. It is ashame to waste all the money after we have had a pattern of selective and nonenforcement.
Does anyone have any experiences with how the courts look at selective enforcement?

Lindac, thank you so much for your reply. I live in Pasco county. We did go to arbatration and it was a standoff after 2 hours. A ammendment was pass to our CC&R several years ago (after another lost lawsuit) that required the board to have a special meeting and vote to persue ' a legal remedy' which many of us felt like should have been done BEFORE we spent 2k in attorney fees and mediation fees on this issue. We are questioning the board about the vote which had 3 proxy votes not signed or identified but counted. Our board is made up of 4 retired guys who have nothing better to do but selectively target and intimidate. Remember the president came down to my house the day after this meeting to start attacking me because I spoke out at the meeting, telling me I have 30 days to move my fence off the easement after it has been there for 7 years. People in here live in fear of being harassed, thats why we had 30 of our 92 lots that didn't even vote. We have had major deed restriction violations like rod iron when our rr call for wood, then approved after the fact. A 2 car garage closed in to become a game room when we are required to have a 2 car garage, unpaved driveways and the list goes on and on but yet we are suing because someone put up a board fence that has a top board a bottom board and boards in the middle and believe it or not its just like the fence at their first house in here. Yes you read that right, they owned one house in here, got transfered to calf and 2 years later mover back into the community in another house. Don't want to overload you with too much info. Comments of questions?

Hi Michael:

If a ballot or proxy isn't signed, I doubt it would be valid. It would be interesting to see what a judge would say about that.

J. Patrick Moore, CMCA