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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33451
Experience:  30 years of real estate practice experience.
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How can an HOA President just get away with picking and

Customer Question

How can an HOA President just get away with picking and choosing which HOA covenances they enforce? Our president has chosen to plant trees and shrubs in the common ground area over the past few years to outline the area which would be his back yard if we were allowed to take common area for our own use. I have shown the HOA board in our documents, where this is not allowed, but because our property manager is only obligated to take direction from our HOA President, nothing gets done. And now, Our President will soon become the only unit owner with a unit with a fenced in backyard. There are more issues, but I really need some help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a Florida licensed attorney, and I look forward to assisting you.

If the president is taking action in violation of the bylaws then he or she is in breach of the fiduciary duties imposed on the board. You can demand they comply or bring suit to enforce the bylaws and also seek removal of the offending board members.

If the court finds malfeasance in their actions then it is possible the court would also award money damages and attorney fees, as well as remove the board member.

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