Anyone who has been around association living has had at least one bad experience with someone from the HOA. Whether it be a small misunderstanding, a difference of opinion,or simply a rule that thy felt you needed to be reminded of, these confrontations are to be expected. Sometimes, however, these little altercations can take an ugly turn, and make the resident, and sometimes the other association member, do or say something that they regret.
No, this isn't another Trayvon Martin article. That case took everything bad about association life and spread it all over te airwaves, internet, and print. No, his is simply about posted sped limits, and how some people el that thy are the ultimate arbiters of how the law should be implemented.
Q: It was refreshing to come across your article regarding HOA and owner disputes in Florida. What are your thoughts in regards to the HOA President and his Wife constantly following a resident and telling them to slow down when they are not speeding? The speed limit for the neighborhood is 25 mph but they believe that 25 mph is too fast and have stated that they believe 10 mph should be the limit. The family they have targeted is Hispanic and they have followed and waved down the Wife, Husband and grandparents and have said that they do not care what the "law" is in regards to the speed limit. The Board is only made up of 3 individuals. Any insight or advice will be greatly appreciated. Thank you.
A: When an individual is a board member it is important for them to understand the authority and responsibility to the association and its members. Their authority comes from the Association’s governing documents, which includes CC&R’s, Bylaws and Rules. The board is only given the authority to enforce based on the contents of these documents – assuming they are consistent with local laws. My advice to this board would be to discontinue enforcement activities that were not supported by the rules or change the rules (and signs) so the enforcement can be applied uniformly to all residents.
Debra A. Warren, CMCA, CCAM, PCAM
Senior Vice President
The West Palm Beach HOA examiner would like to thank Associa for their help in addressing this issue. In the immortal words of Rodney King, can't we all just get along!
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