Legal Question in Civil Litigation in Florida

Home Owner Association suing home owner

I painted my driveway w/o homeowner assoc. approval. They sue me for $1,0000 and want me to make the driveway back into original condition. Do I have a case? Many of my neighbors painted their driveway too. They were not being sue. Some of them got the approval afterward. I tried to do the same, but the assoc. did not approve. What can I do? When the assoc. sue me, they did not hand me the court summon, they just lefted in my office. Can they do that? Can I say I never received the summon? Don't they have to hand the court summon to me and need my signature to start the legal process?


Asked on 6/02/05, 1:52 pm

1 Answer from Attorneys
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Home Owner Association suing home owner

You need to get a copy of your homeowner association rules. Also, you may make the argument that they waived the requirement or have made exceptions in other cases and therefore can not hold you to the provision since they are selectively enforcing it. To defend this pro se, you should go to your local law library and seek forms, research and rules there. It sounds like you have been improperly served and may raise this to have the case dismissed for improper service, it will be up to the judge to grant your motion, but it is best not to ignore the complaint.

Best Regards,

Tonia Troutwine

305-670-0373

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Answered on 6/03/05, 6:45 am


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