HOA fines homeowner $4,032 for nonsense violations, neighbors’ collective malicious compliance costs them more than they bargained for: 'I took off 2 days from work and prepared'

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  • "HOA nightmare. Oh, certified mail for all communication? You got it"

    Posting this now because i no longer live in the house or neighborhood, but at the time i lived in a "lovely" cookie cutter neighborhood with an HOA. this was one of those neighborhoods
  • where they finished like a 100 homes in the span of a few weeks and it was common to see 8 or 10 moving trucks on any given weekend. the neighborhood when from ghost town to filled in literally a month. In
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  • Florida, most HOAs are required to use certified mail when notifying home owners of violations. My HOA took this a step further that all notifications to the board would be through certified mail; received a
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  • violation? response in certified mail. requesting a hearing? certified mail. want the bylaws? certified mail. now this last one might strike you as odd,
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  • because how would you know to request the bylaws by certified mail, if you didn't have the bylaws already you might ask. let's put a pin in that one for now because upon moving in they were
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  • kind enough to provide the CC&Rs outlining what we could and could not do, but not the bylaws that told us how to handle violations and complaints.
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  • so i move in and everything is great...at first. that is until about the third month when there's a big packet taped to my door: a notice of intent to lien.
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  • the packet explains that i was delinquent on a number of violations, many of them repetitive. on the list are things like: -not keeping the garbage cans out of sight (we kept them on the side of the house like most neighbors)
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  • • standing water in between the sides of the homes (grading issue i was fighting with the developer over) • parking one of the vehicles in the driveway but over the sidewalk line
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  • bushes not trimmed appropriately unapproved modifications to the doorway (installing a Ring Doorbell camera)
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  • the list went on, but totaled $4,032.12 for violations, late fees, and legal fees. i immediately email requesting more information, and don't get a response. i do this
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  • for a few days before threatening legal action in a admittedly hostile emails; to which i finally get a response indicating that "all communications regarding violations will only be addressed via
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  • communication methods approved in the bylaws." i request a copy of the bylaws. "all requests for the bylaws must be submitted via approved communications
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  • methods, as per the bylaws." at this point im about to go postal, but if Edmond Dantes could wait 14 years for revenge, i could take a breath and figure this out. the notice gave
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  • me 45 days and it had only been a couple days - i had time to figure this out. little known fact about developers and HOAs in Florida: the developer is the one that drafts the
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  • initial CC&R, bylaws, and legal documents then hands it off to the board. my developer, who's name starts with "D" and ends with a word that sounds like shmorton was already on my sh list for
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  • a number of issues, including the improper grading. when i emailed. my contacts requesting a copy of the bylaws, i don't think they wanted to add to the growing list of sh i was vehemently
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  • emailing them about already and i had a copy within minutes. that's when i found the certified mail language.
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  • now the wheels were turning, because it stated ALL communication was to be by certified mail. each violation was to be filed separately, and delivered by certified mail, each notice of failure to cure and the late fee...certified mail.
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  • EVERYTHING. i had 8 unique violations, plus. repeat violations over a period of 9 weeks. at a minimum, i should have received like 22 notices via certified mail...at around $7 a pop.
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  • cue malicious compliance. my revenge...i mean malicious compliance was two pronged. my morality has developed to a fashion that if you want to wrongfully take from me, i am willing to spend
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  • just as much as you want, to fight you. they wanted $4k from me...i was willing to spend a good amount of that just to f with them. i took off two days from work and prepared a little game of FAFO.
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  • so step 1 was to draft a single page, no personal details, but explaining my situation and warning any neighbors going through something similar what the bylaws indicated and that all homeowners should immediately
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  • request a copy of the bylaws via certified mail. i provided the board. address, the language to include (which stipulated that the response from the board, even if it was a copy of the bylaws) was to be by certified mail.
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  • meaning a printed copy of the bylaws, which was 29 pages. i also encouraged anyone fighting infractions or having received a notice of intent to lien what to do.
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  • i printed about 150 copies because that's how many houses were in the neighborhood. roped in a few close neighbors and we stuck a notice on about every door.
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  • step 2 was to fight each violation...individually. i drafted a template language indicating that i was refuting each violation. some more boiler plate language on why is was refuting it, and the coup de grace...a final
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  • addendum formally requesting copy of receipt of delivery for each notice having been delivered via certified mail, as per the bylaws. i customized each one specific to the violation, and copied in any specific
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  • language from the CC&R that proved i was not in violation. and sent 23 certified letters...22 for violations and an extra one that was a notice of contest for the lien.
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  • here's another little tidbit about florida law: HOAs operate under something called rebuttable presumption, meaning any request for official records had to responded to within 10 business days. i sent the letters on
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  • a thursday, and each letter included a request for official records....a copy of the record of delivery. they had two weeks. about a week and a half later, i got a VERY
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  • strongly worded email basically saying all of the violations were valid and that i had another 25 days to comply or they would pursue the lien. i responded tersely: "All communications regarding violations must
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  • be done in approved communication methods as per article 9, communication methods, as per the bylaws." they had a few days to draft a response AND include the records i
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  • requested, and mail them. to me, certified, and individually...as per the bylaws. they never did; so i sent 23 more follow ups indicating they had violated the Florida HomeOwners Association Act, breach of the bylaws,
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  • and intended to pursue legal action if they did not. cease and desist. i wish i could tell you i i know what happened to them, during that time frame or what it was like for them...but we heard
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  • from a man married to one of the board members, that something like 100 of the homes requested a copy of the bylaws via certified mail; on top of the fact that they had active liens on several homes for
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  • violations, as well as 20 more homes that had been issued a notice of intent to lien. everyone was now fighting them, via certified mail. in the end, the HOA had a change of members that
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  • resulted from the legal fees and expenses incurred by having to respond to each violation via certified mail drying up the reserve. turns out that the board hadn't sent a single notice of violation via certified mail,
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  • and in most cases had never notified the home owners at all and assumed the threat of a lien would just get them to pay whatever fines there were. why were they doing this you might ask?
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  • simple...there was an undeveloped lot of land. at the front of the neighborhood facing a main road, in front of the homes of the first people to move into the neighborhood....coinciden tally, where most of the board lived. the developer
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  • had held onto the plot and was intending to sell it to a commercial developer but had offered to sell it to the neighborhood at a premium. these scumbags didn't want a gas station going
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  • up in front of their homes and were racking up violation fees from their neighbors to afford the purchase through the HOA. the lien on my home never materialized, and
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  • while i never admitted it was me, word must have gotten around because within two weeks, the developer, who had been dragging their feet for months on my complaints, did EVERYTHING. my entire
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  • house was regraded on both sides, with french drains put in for added measure, the sides were completely resodded, and everything else taken care of. i only stayed there for like 8 months total before an
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  • offer came in that made me give the finger to short term capital gains and peace out. all in all, i sent 46 certified letters; i think i spent like $350 and two days of pto...best money i ever spent.
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