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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7441
Experience:  Just Answer consultant at Self employed
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We put new windows in our Townhouse. The Homeowner

Customer Question

We put new windows in our Townhouse. The Homeowner Association first were against them, because they look different than the older ones ( slightly bigger frame, because of double glass). After consulting them and removing the screen , they agreed to inspect them again. The last statement came from the HA Management: We will put the violation on hold until July 15th, so the board has time to inspect them and make a dessision. We waited til July 15th, but did not get a status on the final outcome. We waited 3 business days, one week...two weeks....nothing. Not from HA nor from the Management. We went to a Board Meeting on August 2nd, thats when they told us we have to remove the windows. Were they not required to give us notice?
Submitted: 4 months ago.
Category: Legal
Expert:  legalgems replied 4 months ago.

A few minutes please as I look into this.

Expert:  legalgems replied 4 months ago.

Surprisingly the statute only addresses the notice required for fines and suspension of privileges:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.305.html

Reviewing case law it appears that most HOAs will issue courtesy notices, then an official violation letter (and if that is not heeded, then the board could file suit, impose fines, etc)

So unless the governing documents specify how/when notice is to be received, the board may provide notice at their discretion.

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Expert:  legalgems replied 4 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!