Thank you, S.
In this case, if this is your property and not the HOAs
, and the HOA has no easement or other right unto it, then one has two options:
1) Go to Court and allege civil trespass
. Civil trespass is self-explanatory. Nuisance is defined as "interfering unreasonably with [your] property." Reaver v. Martin Theatres of Florida, 52 So. 2d 682 - Fla: Supreme Court 1951
. Then, the Court should give you a judgment with costs of how much it would cost to remove the fence;
2) Use self-help
to remove the fence. If this is on your property, then you have every right to remove it without the consent of the HOA. Period. You may then also seek the cost of contract
labor for the removal from the HOA in small claims
Which option you choose is up to you, of course. Often, a letter THREATENING to litigate unless they remove the fence themselves will help, and they will capitulate to avoid litigation
. An attorney is recommended for this letter as it carries more gravitas. May I recommend the FL Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. But, a letter may be sent yourself. Or, one can simply take the actions above without a letter anyhow.
Let me know if you need a sample letter.
I hope this helps and clarifies. Good luck.
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