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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36367
Experience:  Texas Attorney for 30 years dealing in real estate
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After ignoring patios installed on common element (from 20-1

Customer Question

After ignoring patios installed on common element (from 20-1 years ago) the HOA board
Has sent a certified letter stating condo rules and warning remove patios or they will. Is there a statute of limitations on enforcement?
What should/can we condo owners do to stop the removal if possible?
Thank you
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Ray replied 6 months ago.
Hi and welcome to JA. Ray here to help you today. If these violations are part of the CCRs and association rules they are not covered under Fl 95.11.This is not an action brought under statute but rather under the rules of the association.You might be able to sue here claiming selective enforcement if you have been singled out while others have not over the years.Thats a valid argument in a civil suit against the HOA. But there is no SOL that applies to association rules and fines for such violations.That would not save you from enforcement.You may respond here arguing selective enforcement and past history to see if they will back off , otherwise a civil suit here in Florida would be necessary to challenge this.
Expert:  Ray replied 6 months ago.
This doesn't fall under SOL because they can administratively assess fines here under the HOA rules.The 95.11 applies to a civil suits in civil courts of Florida.This is just different. Thanks again for the chance to help.

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