Residents Urged To Learn HOA Laws
Cyber Citizens For Justice Tells Homeowners To Create Paper Trail
POSTED: Monday, November 9, 2009
UPDATED: 7:33 am EST November 11,
2009
ST. CLOUD, Fla. -- A citizens advocacy group is urging residents involved in a flap with their homeowners association to learn their rights.
Jan Bergeman, of Cyber Citizens For Justice, said homeowners need to first learn the rules and laws in dealing with HOAs.
Numerous homeowners have contacted Local 6 recently, seeking help after receiving intimidating letters from their HOA.
Phylis Bisking and Susan Dearolf,, who live in the Canoe Creek Woods subdivision in St. Cloud, said they can't pay their HOA dues right now.
"We have reasons, just like everyone in this world today is having a hard time," said Bisking, who started receiving notices from her HOA months ago.
"I probably looked at it and said, 'Here's another bill I can't pay and just tossed it aside," said Dearolf, who has also received notices from her HOA.
According to Cyber Citizens For Justice, homeowners should do the following to "fight for their rights:"
Learn the rules and laws. Don’t ignore letters received from the association. Respond immediately by certified letter. Do not send emotional e-mails and/or telephone calls. Don’t rely on verbal agreements or promises, and always create a paper trail. Most letters received from board, management and/or attorney are aimed at intimidating the homeowner. Respond accordingly and do research before falling into traps. The Internet provides many sources. Respond immediately to the so-called 45-day lien/foreclosure notice letter (FS 720.3085). When receiving letters, don’t think, “It’s just the HOA.” The HOA can take your home but only if the debt is for unpaid dues and assessments -- not for fines. Don’t ignore so-called presuit mediation offers (FS 720.311). You lose your right to recover legal fees even if you win the lawsuit. If your association takes you to court without offering presuit mediation, ask the judge to dismiss the case. The association ignored the statutes requiring mandatory presuit mediation.
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