Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

What is the best way to stop my FL HOA from "selective enforcement" against me for 'minor' or (highly subjective) violations?

3 views 1 answers
I have received several HOA 'violation notices' / letters since moving into my residential neighborhood about 5 years ago for highly-subjective items such as "lawn maintenance" and/or lawn-type decorations [e.g. garden decorations/statues, bird feeder, etc.]-->items in my PRIVATE BACKYARD that is ONLY VISIBLE IF YOU ARE TRESPASSING [e.g. it's not visible from the street/common areas nor adjacent lots]. My 'nosy neighbor' has taken it upon himself to report 'backyard violations' that he has no right to even witness/know about without FIRST TRESPASSING. My neighbors have BLATANT violations visible in the FRONT yard that are clearly visible from the street/common areas, but I have a neighbor that insists on trespassing/'sneaking' into my backyard areas when he thinks no one is home.

Attorney Answer

1
Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
How do you know the neighbor cannot see the violations? In order to make a complaint with law enforcement you would need to be able to prove the trespass. Selective enforcement is an affirmative defense if your association files a lawsuit against you. They would need to submit an offer of pre-suit mediation first, which you must agree to or you will not be able to recover attorneys' fees if you prevail in subsequent litigation. If your association has the authority to impose fines you must be careful to not risk your property to lien and foreclosure for unpaid fines. You will need a lawyer to review your governing documents to determine if the HOA has the right to violate you for maintenance issues of your back yard. Many HOAs have this authority whether or not the violations can be seen from the street or other areas.
0 upvotes

Browse by Practice Area

Litigation 203,509 attorneys Real Estate 156,159 attorneys Personal Injury 149,024 attorneys Criminal Defense 99,634 attorneys Family Law 95,894 attorneys General Practice 90,854 attorneys Business Law 84,818 attorneys Business 82,448 attorneys Criminal Law 72,552 attorneys Intellectual Property 61,381 attorneys

Browse by State

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii