MG5 (Florida)
Posts: 39
Posts: 39
Posted:
Hello,
I have been getting a series of violation notices in regards to my landscaping over the past year from the HOA's property management company here in Florida. I am a home owner in a single family development. The notices first started in regards to having my shed visible from the street. The shed was installed by the previous homeowner 3-4 years before I purchased the property. YOU CAN SKIP TO THE QUESTION BELOW IF YOU DO NOT WANT TO READ THE BACK STORY BELOW.
1.) First notice was to remove the shed, as the hedge (which blocked it view) had become too thin to obscure the view.
A.) My response was to add 4 potted palms to block the view of the shed from the street
B.) No response from board
2.) Three months goes by, then a second notice. This time, place the palms into the ground or replace the hedge or remove the shed.
A.) My response was to call a utility marking company....found that I could not dig in this area due to underground utilities.
B.) Board response was to change the pots from plastic to something better
C.) I got more upscale pots that look like ceramic
D.) no response from board
3.) Three months goes by, a third notice. Change the pots to ceramic or remove the shed with a threat of a fine in 15 days.
A.) My response was to question where in the governing documents that it lists that ceramic potted plants are the only allowed pot type.
B.) No response from the board
4.) Three more months goes by, a forth notice by email only. "due to your disregard for community rules, you must be present for a fining committee hearing in 14 days"
A.) My response was to again question where in any written document does it specify the pot type for plants. I read all the documents and was unable to find this listed. It appears that neither the management company nor the board can find it either because it does not exist and they have not sent it to me after 3 written requests.
B.)Board response was "we have full arc control over the exterior of your home"
C.) My response, where does it say this in any written document
D.) waiting on a board response
MY QUESTION; 1.) Can the board fine me for a "violation" that is not listed in ANY written documentation?
B.) If yes, can I claim selective enforcement as I found nearly 60 percent of the properties in the neighborhood to be in "violation" of the same "rule" they are trying to enforce against me
2.) Can the board form a fining committee if no language exists in the association documents relating to one?
3.) It appears that FL law no longer allows liens based on fines in single family housing, so how does the board expect to collect fines if their legal budget is less than $1500 per year?
Thank you!
I have been getting a series of violation notices in regards to my landscaping over the past year from the HOA's property management company here in Florida. I am a home owner in a single family development. The notices first started in regards to having my shed visible from the street. The shed was installed by the previous homeowner 3-4 years before I purchased the property. YOU CAN SKIP TO THE QUESTION BELOW IF YOU DO NOT WANT TO READ THE BACK STORY BELOW.
1.) First notice was to remove the shed, as the hedge (which blocked it view) had become too thin to obscure the view.
A.) My response was to add 4 potted palms to block the view of the shed from the street
B.) No response from board
2.) Three months goes by, then a second notice. This time, place the palms into the ground or replace the hedge or remove the shed.
A.) My response was to call a utility marking company....found that I could not dig in this area due to underground utilities.
B.) Board response was to change the pots from plastic to something better
C.) I got more upscale pots that look like ceramic
D.) no response from board
3.) Three months goes by, a third notice. Change the pots to ceramic or remove the shed with a threat of a fine in 15 days.
A.) My response was to question where in the governing documents that it lists that ceramic potted plants are the only allowed pot type.
B.) No response from the board
4.) Three more months goes by, a forth notice by email only. "due to your disregard for community rules, you must be present for a fining committee hearing in 14 days"
A.) My response was to again question where in any written document does it specify the pot type for plants. I read all the documents and was unable to find this listed. It appears that neither the management company nor the board can find it either because it does not exist and they have not sent it to me after 3 written requests.
B.)Board response was "we have full arc control over the exterior of your home"
C.) My response, where does it say this in any written document
D.) waiting on a board response
MY QUESTION; 1.) Can the board fine me for a "violation" that is not listed in ANY written documentation?
B.) If yes, can I claim selective enforcement as I found nearly 60 percent of the properties in the neighborhood to be in "violation" of the same "rule" they are trying to enforce against me
2.) Can the board form a fining committee if no language exists in the association documents relating to one?
3.) It appears that FL law no longer allows liens based on fines in single family housing, so how does the board expect to collect fines if their legal budget is less than $1500 per year?
Thank you!