Sue HOA for not upholding CC&R's

[Shel77]

What is the name of your state? Florida

A friend of mine lives in a HOA community (same builder as mine, also same Rules) however, her board is refusing to do anything at all to those who do not abide by the CC&R's stating that they are afraid of being sued by a homeower who gets mad for being sent a violation letter or someone who doesn't like a decision made by the ARC, I think this is crazy there will not be a vote for a new board for quite some time and there are not enough homeowners 75% to vote this board off.

I was under the impression that the HOA could be sued for not doing their job and at the very least showing some attempt to inforce the CC&R's is this correct?

 

[HomeGuru]

What is the name of your state? Florida

A friend of mine lives in a HOA community (same builder as mine, also same Rules) however, her board is refusing to do anything at all to those who do not abide by the CC&R's stating that they are afraid of being sued by a homeower who gets mad for being sent a violation letter or someone who doesn't like a decision made by the ARC, I think this is crazy there will not be a vote for a new board for quite some time and there are not enough homeowners 75% to vote this board off.

I was under the impression that the HOA could be sued for not doing their job and at the very least showing some attempt to inforce the CC&R's is this correct?

**A: your impression is correct.

 

[Shel77]

Can you offer any further advice, I know she will need an attorny but is there anyway of doing this a bit less costly, I know if she has an idea of what to do she might be able to just have a attorny draft up a letter to the HOA. I think just the threat to sue might help the board get in gear and do something or admit they don't know what they are doing and resign, allowing someone who can run the neighborhood to take over. Or get a management company to do so. Thanks

 

[MissAnnie]

wouldn't you be suing yourself if you sued the HOA? Any monetary settlement (if thats the way she wants to go) would come out of the Association funds, which could mean special assessments or a dues increase. I live in an HOA where maybe 5-10 people would show up to the annual meeting. When several members of the community became concerned about some issues going on in our neighborhood, we "rallied the troops" by speaking with residents, sending a notice about our concerns and were able to hold a special meeting in which 72% of our community was in attendance. It takes some doing, but sometimes people who usually have nothing to with the HOA or meetings will actually come out to support the community when you address them personally.

 

[Shel77]

My friend does not wish to seek money from a suit, just to see her neighborhood improved she purchased he home over 1 year ago for around 150k it should be worth about 300k but people in her neighborhood are not getting asking price as easily as though in our neighborhood are the others in this area because people are not keeping up with their yards and are breaking the CC&R's which are there to keep the neighborhood looking good, She knows eventually a new board will take over (6 months) but at that point this new board will be so overwhelmed with all the issues, from looking at her neighborhood you would not even think they had an HOA. Even those on the board are violating allot of the rules. I really feel bad about it and don't know how to help her, she is not looking to sell at this time but maybe in 2 or 3 years, God knows what it might look like then, any advice Thanks