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JohnC44 (Florida)
Posts: 4
Posted:
Hello,

Having a issue with our HOA here in Florida. We purchased our home in January 2010. We had to replace our front and side yard(7000 sq ft)sod in July 2010 do to the lack of watering of sod. We were only allowed to water 25 minutes per zone once a week. Problem was there was a shortage of water from the community well and some times we never got to water at all. So we switched over to county water 3 days before we replaced the sold.

Fast forward to January 5 2012 we get a certified letter from hoa stating irrigation violation notice for a violation on December 1, 2011 ok no big deal don't know if i was in the wrong or what on that one so i bit the bullet.

February 2 i receive more certified letters 3 more watering violations and a final notice with action. Now the kicker is 2 of these violations are on my correct day and time and they want me to pay a $300 fine on top of that! The certified letter states "Per Florida Statue, you have the right to a hearing with the censuring committee within 14 days of this action. The censuring Committee will be Thursday March 1, 2012 at 6:pm at the club house. At that time all actions will be reviewed. If you wish to address the committee please be in attendance"

February 8 (today) i look out my window and see guys digging up my yard. I approach them and asked to see the work order. Sure enough HOA had a sprinkler company come out and had them put a cap on so i cant use there well. No big deal we have not used it since July of 2010. So now my sod is dug up and the sprinkler company willfully removed the no trespassing sign i had put in place to get to the meter. So at this point if i was not on city water i would not be able to water my grass to at least till my hearing which is 22 days away. So we all know what would of happened to my grass

Florida Statue 720.305 {a) states " (a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed."

So im going threw my HOA by laws and i see they are violating some of there own by laws and 3 state laws all ready.
So like the topic of the thread reads. Do States actually fine Hoa's for breaking state law?

Thanks
John
JohnC46 (South Carolina)
Posts: 14,265
Posted:
John

Have you communicated to the HOA that you are not using their water (and have been since 2010) thus you are not in violation of any HOA rulings?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
opps

...and have not been since 2010....
JohnC44 (Florida)
Posts: 4
Posted:
Yes i did we sent a certified letter back in 2010 when we replaced the sod. HOA has just taking over in here recently in last 4 months. I called yesterday as well was told on the phone i will have a chance to speak with the committee about this issue on March 1st.

Thanks
JohnC44 (Florida)
Posts: 4
Posted:
Forum needs a edit button
TimB4 (Tennessee)
Posts: 21,047
Posted:
Take copies of your water bills, etc. to prove you are not on well water.

To answer your specific question - No, there is no agency that fines HOAs. This is because States consider Associations to be civil contracts (your deed restrictions, aka CC&Rs) and as such, individuals who can't resolve the issue on their own, must resolve the issue through the courts.
JohnC44 (Florida)
Posts: 4
Posted:
Thanks Tim for the reply

I guess my next question is what is the purpose of having state laws in place then if there no penalty for breaking them.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
there ARE penalties ...... CIVIL penalties ..... attorney if required

you may be making a mountain out of a mole hill misunderstanding

evidently your HOA did not realize and/or was not informed that you were using city water for irrigation

when they are shown you were NOT IN VIOLATION they will not impose fines (unless they are very very stupid)

?are yard signs permitted in your subdivision?

if not, be thankful there was no violation notice for the sign you admitted having

? total cost of all this ? --> $10 for sod, $7 for sign, $3 for postage = $20

wait for the hearing .... see what happens
TimB4 (Tennessee)
Posts: 21,047
Posted:
John,

We are going on the expectation that your governing documents specify the rule applies to homes on well water. This might not be the case. What is the specific language of the infraction you are accused of?

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