application of rules

I am dealing with a somewhat troublesome issue. The rules in the community state specifically that there is a height limit for hedges at 3.5 feet and other controls such as overgrown or unsightly vegetation. The HOA board is claiming that the rules are enforced only if there is a complaint. They state they are fully within their rights to take action against an individual owner for a subjective opinion as to whether the infraction even exists and do nothing about all other neighbors that are equally violating the rule. They have stated this in writing. An illustrating example would be something like, a resident speeds down the street and a neighbor complains to the police, so the police watch the street and see many others do the same, only when the complained about resident appears do they issue a ticket. Is there a rule that specifically says they can't do this? i thought consistent application of rule mattered.

Well... I drafted a rather blistering two page response outlining the inconsistent application and was primarily interested if there is a quotable legal reinforcement for my position for the state of Florida. It seems to be a common issue that a resident is chummy with or on the board and that persons wishes for an issue to be resolved in their favor and the girls club has no problem seeing it goes that way. I want to legally fight back.

Thanks for responding this has become another research project. Although I think the rule criteria is out of line it is the uneven enforcement that is the bigger problem. I can have a violating hedge, but you may not. I can call your landscaping unsightly and overgrown and i don't need to quantify the statement in any way. I have searched through the Florida Statutes for information regarding the application of rule and have yet to find any mention that it needs to be a consistent application as opposed to using it as a tool to harass. 720 refers to the HOA's and the others reference timeshares, mobile homes, condos etc. I now have to see if the others refer to the application.

Gary

Are you being altruistic or are you the one that has been cited?

Gary,

You'll find it in FL SS 720.305.

Good Luck.

Thanks I missed it on the first read and will go there now.

Whether they're rules enacted by the board, or regulations in the official HOA documents, there will be a way to change them. Generally it involves a petition/vote of the members. If compliance with the written rules will give a lot of people heartburn, it should be relatively straightforward (if a total pain process-wise) to have them changed. In either case, your documents will tell you how to go about it.

Board-enacted rules being the easier of the two to overturn.