Florida HOA not enforcing ERP declarations

My mom lives in a property that we own in Southwest Florida its a new subdivision 4 years old consists of 165 homes, 90 of which are on the gulf access canals and the rest are on the ponds. When the subdivision was in the planning stage an ERP permit (Environmental Resource Permit) had to be applied for and a surface water management system had to be installed behind the all the Gulf access homes. Part of the parameters for the developer to get this permit were that the SWFMD had to incorporate several items in their declaration. Basically it states that no construction, dredging, filling, etc. can happen on any of the Canal Lots. It also states in the Declaration that on these lots if any damage occurs, to any drainage ditches, swales, bearms, catch basins whether by man or act of god it MUST be replaced to exact conditions before the incident. Any violations of this master permit and fines set forth by any governmental district all 165 homes are responsible for the penalties

Hurricane Ian came in caused a little bit of erosion but did not mess up the SWMS, regardless people (18) decided to install riprap (rock) behind their homes in SWMS in direct violation of the recorded Declaration. All of them were installed without application to the ARC, County permit, or SWFMD, or DEP. County came out seen the violations and let the people apply for after the fact permit, (Florida doesn't enforce deed Restriction) still no request from HOA ARC.

We are now 1 year into all the violations the HOA still hasnt sent out violation letters to the property owners, HOA received a letter on March 15 from SWFMD telling HOA that no Riprap/seawalls are to be installed and to cease and desist any and all future installations. The letter did not specifically tell them to remove the already installed illegal projects, but it didnt say they could stay either.

So here we are with 18 home in direct violation of the Declaration, 4 of which have been resold since the violation and since no violation letters were issued the EStoppel letter from the HOA said no violations, so clear title was given and now the HOA is on the hook for the remedy.

I am wondering seriously about Breach of fiduciary responsibility.

I have been to HOA meetings and they are aware of the violations but frozen and afraid to offend their members ........all the board members except for 1 live on the canal lots

Looking for guidance

John....you cant be serious the SWFMD can asses fines for Environmental Damage from the HOA not following the assumed permit resposibility.....any fines and repairs get spread across the 165 properties

Contact the Association attorney.

That is because the HOA attorney is not your attorney. It is the HOAs. You can attend a meeting and request the board contact the attorney if needed.

I live in a community in SW Florida that is also managed by SWFWMD and the Army Corps of Engineers, besides the Florida regulators. Believe me, SWFWMD takes these things seriously. If the board won't share the attorney's address with you, then clearly you are not on the board. You might have to hire your own attorney to write a letter to the board to give them notice that you are aware that they are in violation of the development agreement and that they must act to force the owners in violation to make repairs and become in compliance. SWFWMD is not going to let this go, and your whole community could be in danger of paying for the repairs and for fines.

You really need the board to make a statement and/or act on this. It might be worth a lawsuit forcing the board to act.

Good luck. I can recommend a couple of good attorneys who deal with HOAs (both sides) if you need them.