Selective Enforcement

Typically if inside the unit, there is little the HOA can do. Also includes signs in ones window.

To maintain harmony of the exterior appearance of the Bldg., no one shall make any changes, place anything upon, affix anything to or exhibit anything from any part of the Condominium Property visible from the "Exterior" of the Building or from the Common Elements.

The Amendment has been in place since the original by-laws were entered into Collier County possibly in 2015. I have a copy only.

But do your CC&R give the assoc. the authority to make "rules" about your the interior of your separate interest (private) condo windows?

And this does look like a rule and not a Bylaw..

And so for all these years, residents could not have Chrsitmas trees in their windows? Or a baby in a swing looking out at the world? Or tall house plants? Or? Or?

Or realtor signs? Our old CC&Rs banned them, but our City laws says we must permit them (we can limit size, etc.)

What the heck kind of "legal action" was taken?

The Board of Directors was asked by legal counsel to perform their fiduciary duty by enforcing, which is considered selective enforcement if not uniformly done. The rule has been enforced for over seven years. New BOD. New way of managing the community, which is not up to them.

Perhaps the definitions in the front of your C&Rs will tell you the difference between Bylaws and Rules. I'm suggesting that the original is possibly invalid and does not adhere to your very own CC&Rs. It doesn't matter how long it's been "enforced."

There also have been some recent changes in FL that your can find in friary recent previous posts. Better yet, the very knowledgeable Lori will explain them in reply to your post.

Have you seen the written request for HOA counsel to enforce?

Oh, I menat to write that Lori MIGHT explain these changes to you.

I mean memo or whatever FROM counsel?

This doesn't seem to to at all about the. declaration, Dean.

Looking at the condo floor to ceiling windows in our twin tower about 50 feet from my high rise, I kinda enjoy the one wth a cat tree at a window with two frisky cats that're fun to watch.

Restrictions (inn the CC&Rs) such as these are very typical in condo communities in my state. My condos require white blinds, and we're not allowed to place any signage or other visible items in the windows. If we go by the letter of the law, even those window coatings that prevent people from looking inside your unit but which are not at all visible from outside are not allowed. (This last one makes no sense since the windows are part of the unit, and if the window film causes problems of some sort, the owner is the one on the hook.)

I'm afraid that if no one cares enough to enforce this rule, there's little that can done. While I understand your concern, it's a minor issue compared to failure to maintain the property.

Our Covenants state any window seen from the street must have white window treatments. There is no reference to signs in a window.

Kerry,

The issue I am referring to is in what we call the Garden Homes Declarations 18.13. As you know, HOAs vary from state to state. Florida has recent legislation that speaks to selective enforcement, which is in this case is lack thereof. As one of the other posters mentioned, this is very similar to their rules. The BODs chose to ignore the request from the attorney to adhere. No explanation, no defense. At that point, the only recourse is arbitration and that is costly, which is what they were banking on. This was also pre-approval of the new laws governing HOAs passed effective July 1, 2024. Now a formal complaint can be filed and in due time, the BOD will be held accountable if found they are not upholding their fiduciary duty. There is proof to show past enforcement and proof they continue to refuse to enforce. I hope that clarifies things. As mentioned earlier, we all live in different areas with different Docs/RR.

You still haven't said what sort of stuff people can see from the street or sidewalk when looking at someone's home. Like Kerry, I'd like to know what's so objectionable- a naked man? A Christmas tree, kids playing in the living room?

I didn't really hear anything about selective enforcement either - did you get a notice because of something in your window, compared to a neighbor who had the same thing or similar? Perhaps this rule isn't being enforced because it's not specific enough. A real estate sign may be one issue, but not a birdcage.

All of that said, I agree with Marshall that if you're having an issue with people not maintaining their homes appropriately (e.g. grass isn't being cut), that's a bigger problem that may warrant more attention.