FLA HOA lawsuit?

[tcove300]

What is the name of your state?Florida
Our HOA has cited us & is planning to sue for a 'general maintenance' violation because we have been upgrading a sprinker system in our yard. This has been a do it yourself project dug, piped & covered in phases to limit exposed pipe channels. Our yard currently looks great with limited pvc showing at foundation. We sued the HOA a few years back for violating their own rules & won, so we think this is retailiatory harassment. No rules exist in our HOA requiring approval for irrigation system repair or installation. We went to state mandated mediation (a pre-lawsuit requirement) & refused to settle because they wanted us to pay $2500 attys fees - the costs for opinions, letters & mediation filing. Our docs have no provisions for recoup of attys fees for violation letters, etc. and no fines either. State law says prevailing party in a lawsuit can recoup attys fees. QUESTION: What happens if we complete project after lawsuit is filed, but before it goes to court? What basis would they have to continue suit? What happens to attys fees? If perceived violation no longer exists, then what happens to suit?

[HomeGuru]

Originally Posted by tcove300

What is the name of your state?Florida
Our HOA has cited us & is planning to sue for a 'general maintenance' violation because we have been upgrading a sprinker system in our yard. This has been a do it yourself project dug, piped & covered in phases to limit exposed pipe channels. Our yard currently looks great with limited pvc showing at foundation. We sued the HOA a few years back for violating their own rules & won, so we think this is retailiatory harassment. No rules exist in our HOA requiring approval for irrigation system repair or installation. We went to state mandated mediation (a pre-lawsuit requirement) & refused to settle because they wanted us to pay $2500 attys fees - the costs for opinions, letters & mediation filing. Our docs have no provisions for recoup of attys fees for violation letters, etc. and no fines either. State law says prevailing party in a lawsuit can recoup attys fees. QUESTION: What happens if we complete project after lawsuit is filed, but before it goes to court? What basis would they have to continue suit? What happens to attys fees? If perceived violation no longer exists, then what happens to suit?

**A: there is a lot more to this story but suffice to say you have ignored the HOA and then fought with them. You will be on the losing end. Read your CC&R's

[tcove300]

I know my CC&Rs practically by heart. There is NO PROVISION for violation fines or recouping attorneys fees spent to address perceived violations.
They want to sue to force us to maintain our property.
Our yard looks very nice - green, weeded, fertilized, edged & mowed. So what is the basis for their suit? Example: we can't have boats in our driveways. If someone keeps a boat there for a period of time and then a suit is filed to move the boat. Now just before court, the owner moves the boat. What is the basis for the suit? The violation no longer exists. What are they suing for?

[HomeGuru]

Originally Posted by tcove300

I know my CC&Rs practically by heart. There is NO PROVISION for violation fines or recouping attorneys fees spent to address perceived violations.
They want to sue to force us to maintain our property.
Our yard looks very nice - green, weeded, fertilized, edged & mowed. So what is the basis for their suit? Example: we can't have boats in our driveways. If someone keeps a boat there for a period of time and then a suit is filed to move the boat. Now just before court, the owner moves the boat. What is the basis for the suit? The violation no longer exists. What are they suing for?

**A: you really need to get with the program. Take a traffic ticket for example. You get stopped for speeding and get fined. After the ticket is issued you drive away and DO NOT speed anymore. Yes, the violation was resolved but the fine remains.
You better read your CC&R;s again.