Recovering Legal Costs

Our HOA in Florida is trying to get an owner to move a boat from their driveway and put it in the back yard out of sight. The owner has refused, so we going to mediation to resolve it (per state statute 720). This will cost the HOA a $200 filing fee. Our documents have no provision for fining an owner, but it does say we can bill the owner for any fees the HOA incurs to enforce the rules. If the owner moves the boat after we file for mediation, but before mediation takes place, can we bill the owner for the $200?
If we do go to mediation, can the HOA recover its costs if the owner moves the boat? I am unclear reading the state statutes. Will we have to file another claim to recover the $200? What are the chances of us ever recovering the $200, or of forcing the owner to move the boat?
I get so sick of reading people's posts about crooked HOAs. I am sure the problems with rude, ignorant owners far outweigh the bad HOAs. All we are trying to do is get him to move the boat to another spot. The other residents are complaining that the board is not enforcing the rules. Why can't people follow the rules they agreed to when they bought their home? Now it falls onto the volunteers to spend their time following all the legal steps and put up with the aggravation of this one jerk.
Kevin

Kevin - All fees an HOA incurs in the enforcement of rules are recoupable. May I suggest you provide the owner a letter detailing the governing documents prohibiting the act and explaining that all the costs incurred in enforcing the rules will be billed to the owner and a lien will be placed upon the residence. Just make sure that the owner isn't committing another violation or a problem by placing the boat in the back yard. Better that the responsibility of enforcing the rules falls to the dedicated volunteers than the owner committing the violation. One small concellation is that the money your HOA expends to enforce each rule will come out of part of every violator's maintenance as well. Gerald

I live in Florida, too and we send out a violation letter with a photo of the violation and quote the Article and Section of the CC&R's that they have violated. We underline and put in bold type exactly what is wrong with their property. We request that they immediately correct the violation and tell them what to do. We send the letter by certified mail return receipt requested. They have either 30 or 45 days (see what your CC&R's say) to remedy the violation. If they do not, we hold a Fine Committee Meeting. The Fine Committee members has to be 3 members of the association who are not Board members nor related to any board members or any other member of the Fine Committee. The homeowner's need at least 14 days notice so we send out a Fine Committee Meeting letter also by certified mail return receipt requested. We give the 3 members a copy of all pictures and documentation related to the complaint so that they can drive by and look at the violation themselves. We also give that same packet to the homeowner. At the meeting, the Complaint Committee presents the information and then the homeowner has a chance to state their case. The Fine Committee members adjourn in private for less than 30 minutes and return with their suggestion. The Board then would accept the decision and the homeowner would be bound by the decision.
If they still do not comply, we would then seek mediation.

Good advice fromm Mail, Post 7. In FLorida a lien may not be made for violations/fines. A lien on a member's property may only be made for non-payment of assessments/dues.

GREAT NEWS! After sending a letter detailing the expected costs for the HOA and the owner plus the details of the mediation process, the "boat in the driveway" owners have decided to put the boat into their garage. No costs except a couple of registered letters.
The same format letter is also working elsewhere. Another owner with a very unkempt lawn and trash piled around has been cleaning up his lot for the past two weekends after receiving a similar letter.