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Ely
Ely, Counselor at Law
Category: Legal
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I own a property that a home owners association employed a

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I own a property that a home owners association employed a fence company to put a fence on, they do not own the property they had the fence put on I do I did not give them permission to put this fence up, i have a survey that shows the fence is on my property, they did not have a permit ,the property is in volusia county, this HOA has been hostal since i bought the property do i have any recorse , is there anything that i can do
Thanks you
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Yes, there is something you can do. However, I need to confirm that you are in Florida, correct?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.


yes i am in florida, the town that the property is in is debary florida it is in Volusia county

Customer: replied 4 years ago.


is there more information yo need?

Susan,

No - thank you. I am typing out my answer and it is simply taking a second; apologies in advance for the momentary wait while I am doing so... almost done!
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 and nuisance. 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;

OR

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 court.

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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