Legal Question in Real Estate Law in Florida

Re: Homeowner Association Fines

First, how do you know your property values are being affected? (I always wondered how boards deduce this, when there are no statistics at all that show associations increase "property value", or the absence decreases property values.).

Secondly, whether your property values are affected or not, the association is entitled to enforce the covenants and restrictions (with few exceptions). The association cannot lien a homeowner's property for a fine under Florida law This law was enacted to prevent the abuses that occurred all too frequently. So your attorney is correct. The association can, however, file a lawsuit for an injunction to force the homeowner to comply with the covenants, and ask for a money judgment to recover the fine. Under Fl law (and probably your governing documents), the prevailing party is entitled to attorneys' fees.

Re: Homeowner Association Fines

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Until the control is turned over to the owners, your power is limited to some extent. Even though the developer controls the board currently, meetings should be scheduled on a regular basis and be open to the membership. You should get your neighbors to join with you in attending and voicing your concerns. The developer can change the rules and regulations or find other ways to better enforce the restrictions if necessary.

Scott R. Jay, Esq.