There are many benefits associated with living in a community with a governing body. This group oversees the maintenance of common areas and protects the property values of residents. However, there are times when an HOA can overstep its bounds or take steps that result in a conflict with residents. Recently, a dispute between a Florida HOA and community homeowners escalated to the point where the matter went to court.
Conflict over a fence
In many neighborhoods with an HOA, homeowners must have permission to add exterior features to their homes, such as a fence. In this situation, one homeowner sought permission to add a fence, but there was a problem with the plans submitted to the HOA. After the fence was erected, the neighbor complained that the fence obstructed his view. The HOA agreed and paid to change the fence.
However, the new fence also impeded his view, and he ultimately filed a lawsuit against the HOA and his neighbor. The dispute ultimately ended up in court and going to trial. After the ruling in the case, the saga continued in appeal, and it is likely to continue as there is no conclusion to the issue at this time.
Navigating complex legal disputes
There is no one-size-fits-all solution to HOA disputes. A Florida homeowner who finds himself or herself at odds with the governing body in the neighborhood will benefit from seeking legal counsel regarding the specific options available. If an HOA violates the rights of a homeowner or acts in a way that is in conflict with the law, it may be appropriate to pursue recourse.
