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Can My HOA suspend my transponder and my residential right to get into my community for having a family member living with me?
Anonymous4 views2 answers
A family member moved in from another city and is living with me (less than a month so far) until they a place of their own. When the HOA found out, they revoke my transponder. The bylaws stipulate the this is a single family residence only but there is nothing to indicate that having guest for a short period of time would trigger a revocation of my rights as a resident to enter my community. I wasn't notify of any wrong doing and I wasn't giving time no rectify any wrong doing. Now i am told i have to submit a request and wait for the next HOA meeting.
Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
I have to disagree with my colleague. While the HOA can suspend your rights to use a transponder, it cannot deny you ingress and egress to your home and must follow the statute for notification and a hearing before a 3-member committee comprised of owners who are not related to the board of directors or its agents.
The HOA may also running afoul of the Fair Housing Act, which stipulates it is discrimination to define a family as a husband, wife and minor children because different cultures have different beliefs of the definition of family.
Since it is costly to litigate against a HOA, with pre-suit mediation being the first step, I recommend you first send the HOA a certified letter stating they have violated the statute (FS 720.305) in suspending your rights and you would like them restored. Try to keep the tone friendly or they will react defensively. If that doesn't work, contact the US Dept of Housing and Urban Development to file a complaint. The link is below.
Real property can have restrictive covenants placed on them so long as they do not affect one's right "to alienate the real property." HOA restrictions are widely variable. They are also sometimes selectively enforced. So, the not-so-short answer to your question is "yes." However, the Bylaws should be reviewed by a real estate attorney in your area. Good luck.
