TBO.com - TBO is Tampa Bay Online

Not Enforcing Rules Can Be Expensive, Too

ADVERTISEMENT

By RICHARD WHITE Tribune correspondent

The Tampa Tribune

Published: August 21, 2008

We live in a gated community and are governed by traditional HOA rules and bylaws.

One of our members has committed what I consider a major rules infraction. Specifically, that member has constructed a concrete wall around the perimeter of his property and does not abide by setback guidelines, which clearly violates our documents.

What recourse does the HOA have? If legal action is necessary to remedy the infraction, is the HOA responsible for legal fees incurred in defending our bylaws?

SM

Tampa

Usually, the legal costs for enforcing rules are an association expense, but if the matter goes to court, the association can ask the judge to require the violator to pay.

Send one or two letters to the member instructing him or her of the rules and his/her obligation to comply with them. Then send a certified letter with strict enforcement instructions. Once the board has sent the letters, turn the matter over to the association attorney.

That may mean the case will end up in court. It can be very expensive for the association, but it must enforce the rules in order to safeguard the community.

Here's another idea that may save time and money: File a complaint with code enforcement. Most cities and counties require that fences and other structures have a construction permit. If your community lies within a government jurisdiction that requires a permit, the local government may become the enforcer.

If my children's names are not on my deed, are they prohibited from attending and speaking at our association meetings? Everyone I've talked to has said that should be addressed in our condominium documents, but it's not in ours.

Does the board have to give them permission to speak? All our documents say is one vote per unit.

RA

Indian Shores

The statutes don't address that question, and most association documents don't either.

A board meets to conduct association business, and according to the statutes, members have a right to speak only on agenda items. The board can create reasonable rules for people speaking, and it can limit the time to no less than 3 minutes.

The children of an owner, or visitors, should be allowed to address the board under the same guidelines. But that's just my opinion.

I suggest the board establish and publish for members a meeting policy. If the children or guests of any member have a problem, they should send it in writing to the board before it meets so the matter can be put on the agenda.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

Share this:

Loading Comments...

Email Print

ADVERTISEMENT