Help for Homeowners Facing HOA Abuse
POSTED: Wednesday, July 9, 2008
UPDATED: 5:51 pm EDT July 9,
2008
ORLANDO, Fla. - -- A Local 6 investigation really struck quite a nerve with our viewers, many of whom believe that some local home owners associations are out of control. One man got involved in a $70,000 court fight over the color of his sidewalk. Another woman was told she needed to paint and even wax her mailbox. But Local 6’s Mike Holfeld revealed homeowners do have some rights when you are found in violation. An estimated 2.5 million Florida residents answer to some sort of Home Owners Association. But those HOA’s never answer to a state agency because it doesn’t exist. “We need to regulate home owners associations there's no doubt about it,” said Jan Bergemann, a former member of the HOA Task Force under Jeb Bush. Some neighborhood HOA’s are running wild and residents are trapped Bergemann argued. “It’s a free for all. Every board can do whatever they want to set up the election so they get re-elected,” said Bergemann.Last year a home owners association’s statute was put on the books limiting decisions based on the association rules. But the statute doesn’t address rules like no “For Sale” signs or what shade of white to paint your fence. “An owner does clearly have rights to say this is unfair and raise defenses,” said Orlando Attorney Peter McGrath. Furthermore, HOA lawsuits can be challenged under several basic items: 1. The HOA is "selectively enforcing the rule" against you and no one else. 2. Waiver of the rule has already been approved then reversed. 3. "Latches" the rule was already allowed to lapse. But McGrath warns there are no guarantees and the legal fees can get high very quickly. Holfeld said new legislation establishing an agency to oversee HOA’s is expected to be introduced next year.
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