Legal Question in Real Estate Law in Florida
Common Area Dispute
About one year ago my wife and I put in a planting (approximate cost $870) on Common Area that is adjacent to our home. Our home sits on lake and is the last house at the end of a cul-de-sac. We put the planting up to beautify an otherwise barren area of our community. We did not receive approval from our AC committee due to our ignorance about our HOA by-laws; in other words we never read them. Since then we have been brought before a fining committee (July 6, 1998), the committee stated they will rule on two choices: 1) to remove the planting (our expense) and place it on our property, once AC approval is given, 2) to be fined a appropriate dollar amount. The community still has full access to the lake and the planting does not inhibit the access of equipment if needed for maintenance to the lake or other properties. Most of the members of the community that have jogged walked, or drove past our planting have all responded positively. I have two questions: 1) What are my legal rights to insure an unbiased verdict under Florida Statues? 2) If asked to remove the planting what rights do I have for rebuttal?
2 Answers from Attorneys
Re: Common Area Dispute
Your rights are governed by the recorded deed restrictions
and Chapter 718, Florida Statutes. I strongly suggest
you consult an attorney knowledgeable in this area.
You may discover you have some grounds for challenging
the association's decision. However, be prepared to
pay a lot.
Randall Reder
Randall O. Reder, P.A.
1319 W. Fletcher Ave.
HOA control over Common Areas
Facts: wife and I put in a plantings on Common Area adjacent to our home on lake. It is the last house at the end of a cul-de-sac. We did not receive approval from AC who say: remove the plantings and place on our property, after AC approval or be fined.
Q:1) What are my legal rights to insure an unbiased verdict under Florida Statues? 2) If asked to remove the planting what rights do I have for rebuttal?
A. Mr. Reeder cites the correct Fla. Statutes. You planted on someone else's property and without AC approval. There is no such thing as an unbiased verdict. People are supposed to bring their common sense to bear. To insure a FAIR decision, check the background of the committee members and challenge the right of a disqualified member to judge this matter.
If you lose and are ordered to remove the plantings, appeal to the full board.
William W. Fernandez
William W. Fernandez, Attorney at Law
250 Panama Road East
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