Legal Question in Landlord & Tenant Law in Florida

Florida, Broward County, River Run owner's association. I will be called to a violation/fine meeting. I always attend every meeting, even tho I am not on the docket. I will soon be on the docket. The committee is required by our constitution and by-laws to notice every person on the docket by certified mail that they are to come to their hearing. The committee never does this by certified mail.. The committee just sends a regular letter.

My Question: can I go to the meeting and "throw out" my violation hearing because they have not followed the constitution and by-laws ? Or, should I not attend and then later protest that I have not been properly noticed and thus I cannot be fined from that meeting ? Or, should I go to the meeting, get "surprised" by being on the docket, and then respond that I am allowed to "give any defense" but I have not been given the opportunity to prepare my defense and so I must be called to another meeting. (the printing on all initial violation notices is that a person on the docket can "give any defense".) The committee is strictly amateur, mostly housewives from the Caribbean basin, here in Florida and feeling grand to have moved here and found work and now are "successful".


Asked on 3/17/20, 4:04 am

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

Without reviewing the constitution and bylaws, it is almost impossible to say. I would not advise not attending as decisions will be made in your absence which could affect you. Call my office to discuss further.

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Answered on 3/17/20, 5:21 am


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