Mariposa22
New Member
I live in Florida. I have been fined once by our PM/HOAfor leaving my garbage can out "at all times" with a threat of the next fine being $250.00. I have never left my garbage can out but leave it temporarily outside my back gate until I return inside to unlock the gate, which is locked from the inside. The next letter threatened another fine for not updating the house trim paint color, which was changed about a year ago. We have until 2009 to change the colors, based on a letter sent out from the Pm and Board shortly after the color changes. I wrote them refuting this threat as well, referencing the aforementioned letter from the PM/Board. I also complained about the selective enforcement of the rules, since the President and other Board members openly violate the rules without recourse, and asked them to stop harassing me and others, as these types of letter have been widespread and have angered many homeowners. Shortly after I sent the first letter stating this, one of the Board members who broke the rules daily in clear view of all homeowners, wrote me of his resignation, and apologized to me and told me he has never taken part in discriminating or selective enforcement of the law, etc. etc.
The fines I believe, are actually being imposed by the President of the association who lives next door and has had a puzzling but real vendetta against me since she moved in about three or four years ago. I have lived in the community for about 12 years, have never been fined, abide by the rules and am a quiet and ideal neighbor. The arrival of this person to our neighbor has left a black mark on all, and divided the once peaceful community.
I refuted the fines and accusations and asked that the fine be removed, once again in a follow up letter. The PM responded that it is up to the Board to remove fines, and said she forwarded my letter to them. I sent the first letter on November 27, 2007. Today, Jan 10th I received a letter stating that I must pay the fine or be charged an additional %18 interest accrued. They have ignored the two letters I have sent refuting the charges and appealing their accusations yet continue to send me letter threatening more fines. The HOA has not acknowledged my appeal or my letters asking to remove the fines, not even to simple refuse. My guess is with lack of proof they have very little to stand on legally so they are just ignoring my appeals in hopes of intimidating me with threats of more fines and outrageous interest.
I have copied my attorney on all my correspondence with the hopes that we could come to a reasonable agreement, but still they ignore my appeal of the fines and accusations. I would think they would have to answer my appeal by law. There is nothing in our HOA docs that state what the appeal process is, nor do the docs mention any rights of the homeowners at all, other than legal recourse. What are my legal rights here? I do not feel that I should be fined for no reason at all, other than someone with a God complex and a control freak is out to intimidate the neighborhood. Advice is most welcome, thanks.
The fines I believe, are actually being imposed by the President of the association who lives next door and has had a puzzling but real vendetta against me since she moved in about three or four years ago. I have lived in the community for about 12 years, have never been fined, abide by the rules and am a quiet and ideal neighbor. The arrival of this person to our neighbor has left a black mark on all, and divided the once peaceful community.
I refuted the fines and accusations and asked that the fine be removed, once again in a follow up letter. The PM responded that it is up to the Board to remove fines, and said she forwarded my letter to them. I sent the first letter on November 27, 2007. Today, Jan 10th I received a letter stating that I must pay the fine or be charged an additional %18 interest accrued. They have ignored the two letters I have sent refuting the charges and appealing their accusations yet continue to send me letter threatening more fines. The HOA has not acknowledged my appeal or my letters asking to remove the fines, not even to simple refuse. My guess is with lack of proof they have very little to stand on legally so they are just ignoring my appeals in hopes of intimidating me with threats of more fines and outrageous interest.
I have copied my attorney on all my correspondence with the hopes that we could come to a reasonable agreement, but still they ignore my appeal of the fines and accusations. I would think they would have to answer my appeal by law. There is nothing in our HOA docs that state what the appeal process is, nor do the docs mention any rights of the homeowners at all, other than legal recourse. What are my legal rights here? I do not feel that I should be fined for no reason at all, other than someone with a God complex and a control freak is out to intimidate the neighborhood. Advice is most welcome, thanks.
