Nervous About Right of Entry

Thanks to everyone who has responded to my original "right of entry" posting. Of all the things that the HOA has to do, entering a neighbor's property without permission and performing work is the most worrysome event that I can forsee. There are just so many things that can go wrong! I mean someone could get hurt or worse. Plus, we are only 50 homes so this guy knows where we live!! I have tried my hardest to talk our Board out of this, but you know how it goes that a few people get mad, they only read what they want to see in the DOCS, they want action and they want it now! We haven't even taken the step to sit down and talk with the homeowner about a possible compromise. And let me tell you, we are talking about a full landscape replacement. He put down a combination of rocks and planters a eliminated his grass alltogether. Now I know it does not match the rest of the community, and I know residents are upset, but the guy keeps it very neat, we have never had any other problem with him, he seems like a nice fellow, and we are talking several thousand dollars to change this back. But I can see the tides turning. The Board is probably going to vote against
me and we will be calling the bulldozzers! I am very nervous about this. I just don't think that we have done enough, or that we have done the right steps to get to this point. The homeowner must be anticipating this because he has put up a "no tresspassing" sign on his property. The storm is on the horrizon. Is there anything I can do to convince my fellow BOD's to step back and take a deep breath before proceeding? I went to the City to see if they could help and to my supprise they liked the guys yard and sugested that we change our DOCS to allow this "water friendly" landscaping!! But the Board is of one mind and they seem to be after this guy. Maybe it's a credibility thing. I checked the Florida Laws and there is a "meadiation" part in there for disputes but we haven't done that. And I know we should have a court order but does that mean we go to court with the homeowner and discuss this or is it just the BOD goes and gets the order and we show up with a sherrif on the guys lot one day? No matter how it goes down, I am just against this and think there must be another way. I am very nervous about right of entry!!

Jeffrey -
I would say that you have good cause to be nervous. Probably the first thing that you should do is ensure your objections are noted by name in any minutes from meetings where votes were taken on this issue. That way if the Board does proceed and ends up in hot water, you should at least have some amount of protection.

BTW: I thought Florida had something in the laws that prohibited HOAs from not allowing xeriscaping?

Such clauses are declared null and void as against the public policy of this state.

(4) Homeowners' association documents, including declarations of covenants, articles of incorporation, or bylaws, entered after October 1, 2001, may not prohibit any property owner from implementing Xeriscape or Florida-friendly landscape, as defined in s. 373.185(1), on his or her land.

The above quote is from Florida statue 720-3075. It would seem this applys only for declarations filed after Oct 1, 2001. When were yours filed?

However, this board violated their own CC&Rs by not denying this landscape change request in a timely manner. They are letting themselves wide open for a lawsuit by pursuing this action. Roger gave good advice for you to document your objection and then resign. I doubt your insurance company would fund their defense in this lawsuit. I don't think you ever mentioned: Were these board members the same ones who didn't deny the request a few years ago? Harold

"Any responsible attorney will tell your Board to forget it. And no reasonable judge would ever find in favor of the Board."

Well I'd better hope for reasonable Judge. Our HOA attorney is letting our BOD spend the association $ dispite our request is allowable per the CC&R, we submitted the vote they wanted with our petitions, a vote passed to allow our project, we've requested mediation/arbitration and most recently the HOA attorney (like the BOD) changed documented history and facts. I guess there's just no talk with some people.

Good luck. T

Good thing I don't claim to be a good typist I reviewed and it seemed ok but I guess I think faster than I type or read - I hate when that happens!

I was trying to underscoring the fact that its very difficult for one person to try talk sense into a small group of others who have "power" and just want to be right at any cost.

Roger's response was funny to me [personally - due to my own HOA situation] because he said any responsibile attorney would advise against legal action. But saddly, there are unresponsible attorney's who will encourage such action.

I hope that's clearer.

T

We may have to go in and strip a pink (yes pink!) deck in the near future, but all this is being handled by an attorney with an architectual lien, and court order. The contractor might have to be escorted by the sherrif as well. This is complicated and I recommend an attorney.

Aw gee Roger, thanks for your kind sentiments.

P.S. I'm not a very good speller either

T