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Real estate disputes over what your HOA cannot do

On Behalf of | Jul 26, 2021 | Estate Litigation |

The homeowners’ association (HOA) is a mixed blessing. For Florida homeowners who do not want to deal with the gardening and upkeep of amenities, it is a great option. However, for residents who like a little more freedom, real estate disputes because of HOA overreaches are not untypical.

Clotheslines are okay unless you share your yard

The states call it a right to solar drying. To the HOA, it might be an unsightly clothesline that strings across the yard. Even so, there is little they can do. Of course, there is a bit of wiggle room if you share your yard with a neighbor. In this case, it is possible that members of the HOA pursue real estate disputes to get rid of your solar drying setup.

Satellite dishes stay

Another bone of frequent contention is the installation of a satellite dish. Granted, it may ruin the skyline of your community; however, the FCC decided this case in your favor a long time ago.

Making up reasons to fine residents

It is a dirty little secret, but HOAs thrive on fines. They are income that lets them do the little extra things the monthly dues simply do not cover. However, you only have to pay the fines that the CC&Rs stipulate. In other words, if there is a fine for parking without a permit placard, you cannot receive a fine for pulling into the slot and making it difficult for the patrolling member to see it. If you have been going the rounds with your HOA, it may be worthwhile to address your concerns with an attorney.