What is the name of your state (only U.S. law)? Florida
I have lived in a Townhouse communty with an HOA since 1996. I have an 80lb dog who is 11 years old and non agressive. I carry and use poop bags and a flashlight when I walk my dog.
There is a 40lb dog limit in the CC&Rs written in 1998. This rule was not enforced when I moved in nor when I got my dog. In 2002, the HOA president's large dog died and she started to enforce the 40lb rule. I rec'd a several letters in 2002, but eventually my dog was considered "grandfathered in".
We have a new HOA president (she's a paralegal in real life) and she's hired a law firm to send certified violation letters to homeowners with large dogs offering mediation before suit is filed against us. Mediation costs $250 to $395 an hour and my situation is esitmated to take 4 hours.
The old president is still on the board, but in a lower capacity. The management company has access to the 2002 letters. Unless senility has set in, several of the board members were present and aware of the 2002 decision.
Do I need to participate in mediation? If I do not respond to the certified letter and they file suit, do I need a lawyer to prove that this alleged violation was resolved years ago? Is re-opening old, resolved violations legal?
Any advice is appreciated.
I have lived in a Townhouse communty with an HOA since 1996. I have an 80lb dog who is 11 years old and non agressive. I carry and use poop bags and a flashlight when I walk my dog.
There is a 40lb dog limit in the CC&Rs written in 1998. This rule was not enforced when I moved in nor when I got my dog. In 2002, the HOA president's large dog died and she started to enforce the 40lb rule. I rec'd a several letters in 2002, but eventually my dog was considered "grandfathered in".
We have a new HOA president (she's a paralegal in real life) and she's hired a law firm to send certified violation letters to homeowners with large dogs offering mediation before suit is filed against us. Mediation costs $250 to $395 an hour and my situation is esitmated to take 4 hours.
The old president is still on the board, but in a lower capacity. The management company has access to the 2002 letters. Unless senility has set in, several of the board members were present and aware of the 2002 decision.
Do I need to participate in mediation? If I do not respond to the certified letter and they file suit, do I need a lawyer to prove that this alleged violation was resolved years ago? Is re-opening old, resolved violations legal?
Any advice is appreciated.