Real Estate Law
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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.
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 suchand 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.
These are all of the laws that govern Homeowner Associations in Florida,
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
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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.
Where you able to get a copy of your governing documents?
Please ignore the additional services request. It will be my pleasure to continue to assist you if you have any additional questions.