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I live in Camp A Wyle RV Resort & Condominium we own the…

Customer Question
I live in Camp...

I live in Camp A Wyle RV Resort & Condominium we own the land.

Lawyer's Assistant: Where is the property located?

In Weeki Wachee, Florida 34613

Lawyer's Assistant: Has any paperwork been filed?

No, It use to be a camp ground in the 80's there was trash cans every so often in front of homes the board of directors took them away and said they are buying us a garbage can and we have to put it out in out yard and the maintenance men will put them back in our yard.. Can they make a change like that without a vote from the homeowners.

Submitted: 11 months ago.Category: Legal
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Answered in 2 minutes by:
9/19/2017
Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,259
Experience: Licensed to practice before state and federal court
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Lawyer: Legal Eagle, Lawyer replied 11 months ago

Thank you for your patience. Generally, The HOA required to make sure that the place looks decent. So, the answer to your question is that they probably have the authority to make sure that you have a garbage can. However, it's really going to depend on what is in the governing documents of the HOA. It is likely that they have it is also possible that they may not have the specific authority to have trash cans Placed out in front of residence places. Therefore, I would start with the governing documents about this. Now, let's say for example that the documents do not specifically say that they can allow trade cans, then you may be able to make a claim under contract law that they are going beyond what they are able to do. You could argue that this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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