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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5647
Experience:  28 years of experience in general practice, real estate law and estate law.
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I am a home owner in a gated community in naples fl...I have

Customer Question

I am a home owner in a gated community in naples fl...I have received a notice visiting
me was speeding in community....?? the association has sent me a bill (fine) and
advised me that i am responsible to pay a speeding fine for my guest alleged speeding?
Am I obligated to pay their fine...
Thank You,
Harve Sturm...
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 11 months ago.

Welcome and thank you for your question. This why I dislike any and all HOA communities. The only way the Association can fine you for the actions of a guest is if your governing documents set out a rule to this effect. Do you have a copy of your governing documents? The Association must provide a dispute resolution process for you to challenge the alleged violation as well.

Customer: replied 11 months ago.
Management company claims to have discussed dispute resolution with committee and reduced cost of fine from 100.00
to 25.00......How can they fine any owner if their guest is accused of alleged speeding.....I do not have a copy of governing documents on hand...However after back and forth mail..if this document existed i believe they would have referred to such
and attached document to mail...
Expert:  Attyadvisor replied 11 months ago.

Associations have the ability to enforce speeding, parking and other matter, if and only if these restrictions ate set out in the governing documents.

How can they fine any owner if their guest is accused of alleged speeding.....I do not have a copy of governing documents on hand...However after back and forth mail..if this document existed i believe they would have referred to such
and attached document to mail...
I agree they should be referencing the alleged article number or rule number for the alleged violation.

Did you ever receive a copy of the governing documents? It is possible they may be available online. The first step is to see if such a rule exists as the Board can only enforce rules that are clearly delineated. Secondly, you have the right ti due process which entitles you to have the ability to dispute the allegation.

Expert:  Attyadvisor replied 11 months ago.

These are all of the laws that govern Homeowner Associations in Florida,

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resource Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

http://www.hoa-usa.com/statelaws/fl.aspx

If there is nothing in your bylaws the board cannot enforce a rule that does not exist.

If they continue to pursue this in the absence of a clear rule you can contact the Florida Department of Business and Professional Regulation at http://www.myfloridalicense.com/dbpr/lsc/homeowners.html

“The division has authority to arbitrate election and recall disputes under Chapter720, Florida Statutes, and homeowner associations are required to register with the division by November 22, 2013 (refer to information available on the division's home page).”

This is a link for general information http://www.myfloridalicense.com/dbpr/lsc/homeowners.html

Thank you for using JA!

If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it.

I don't know if the terms of service make it clear that the attorneys are only paid for their time on a customer questions if the customer rates them positively. Many customers have expressed issues with being able to rate. You do not need to open new questions for any follow up questions that you may have provided it is in regard to the same initial question.

Expert:  Attyadvisor replied 11 months ago.

Where you able to get a copy of your governing documents?

Expert:  Attyadvisor replied 11 months ago.

Please ignore the additional services request. It will be my pleasure to continue to assist you if you have any additional questions.

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