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I have an issue with my HOA. I received a notice from the…

Customer Question
Hi, I have an...

Hi, I have an issue with my HOA. I received a notice from the HOA that I needed to keep my fence up to standards (we bought the home with the fence). I complied by repairing the fence (did not move it, change materials, or height. Attempting to be a good member of the community, we communicated with the HOA and told them what we were doing and were informed that we needed to submit a change form. We assumed this was a procedural thing which would be rubber stamped and proceeded to repair the fence. Subsequently, the HOA denied the change form and told us we had to tear down the fence and replace it within guidelines. Apparently, the fence was not initially constructed within HOA guidelines (a section bordered a common area and was too high and a section was built over the property line (onto the common area). The HOA was less than specific or cooperative and they escalated to legal. Eventually, we took care of the problem. No issue until the board sent us the legal bill. Do I have any recourse?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Hillsborough County, FL

Lawyer's Assistant: Has any paperwork been filed?

I don't understand

Lawyer's Assistant: What confuses you?

What does "paperwork filed" mean?

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 1 minute by:
10/2/2017
Real Estate Lawyer: Ray, Lawyer replied 11 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 49,617
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 11 months ago
The HOA rules indicate that I can be liable for the charges. I feel we were coerced. We also asked them to remove our change form but they did not
Real Estate Lawyer: Ray, Lawyer replied 11 months ago

You can try to negotiate resolution here.If you can show you acted in good faith here they may agree to a reduced amount.Unless you can get them to lower the bill here they can enforce this through Florida law against your proeprty unit and have ability to foreclose.Doesn't hurt to try to get them down but limited options.

You might have good claim against sellers here for failure to disclose and breach of contract .

I appreciate the chance to help you ,let me know if you have more.

Thanks for rating 5 stars.

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Customer reply replied 11 months ago
the question is that I repaired the fence according to association guidelines. I don't see how they can then turn around and have me replace the fence entirely
Real Estate Lawyer: Ray, Lawyer replied 11 months ago

I understand in my mind they should try to resolve this I do not see you did anything wrong.I do think seller here if they failed to disclose unpermitted repairs have liability.

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Real Estate Lawyer: Ray, Lawyer replied 11 months ago

The Statute of Limitations is the deadline or time limit for when a suit must be filed. If you do not bring suit within the prescribed time limit, the lawsuit is banned and could be dismissed. In Florida, a lawsuit based on a written contract must be brought within five (5) years. § 95.11(2)(b), Fla.Mar 6, 2015

Florida Law: Statute of Limitations for Breach of Contract | The Law ...

Five years here to sue seller.

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Real Estate Lawyer: Ray, Lawyer replied 11 months ago

Lawyer to sue here

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i hope you can get them to resolve this.

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