Homeowner Association Law

I live in Florida in a Homeowner's Assoc., I have just learned that HOA Laws and Condo Laws are different and I (1) cannot find Find a complete source for Florida HOA Laws and (2) need an answer to this question: Our neighbors and ourselves have waterfront property separated by a large grassy area, which is common area, after 3 years here in peace and quiet the kids have decided this is now a football field, inspite of the fact that there is a designated ball field 1/4 mile from us on Association Property.
While we do not dispute this is common area, we find the noise a nusiance/annoyance; we have an article in our docs which reads: Article XII section 10 “ No nuisance shall be allowed upon any unit or made of any unit that is a source of annoyance to other unit owners or interferes with the peaceful possession and proper use of the units by the resident thereof.” Thus far we have written the Board, gone to board meetings, filed a complaint with the Police and argued with the offenders parents.
The Boards lawyer says this article applies ONLY to noise/nusiances traveling from one unit to another, not noise/nusiance from a common area; which says to me that I can't blast my radio from inside my house, but I can step outside my door onto common ground and let it rip...is it at all possible this guy is correct???

Thank you.

Barbara Newhook

Florida HOA woes

I (1) cannot find Find a complete source for Florida HOA Laws

Click to expand...

Florida Statutes Title XL, Chapter 720 cover Homeowners associations. http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/titl0720.htm&StatuteYear=2006&Title=->2006->Chapter 720

The problem I have run into is that most legal issues involving HOA boards are thrown into civil law. The homeowner must sue the HOA in civil court to seek most remedies, unless specifically related to recall or election disputes that are covered under the DBPR's Omnibudsman [/url]http://www.myflorida.com/dbpr/lsc/hoa/[/url]

Attorneys all seem to have different takes on how the Statutes are interpreted. The Attorney General's office (Charlie Christ) throws back any questions about violations of Florida Statutes by HOA boards to the DBPR's website, even when specific violations are in question. One attorney told us if you are in an Association that is out of hand, sell and move - then never buy again where there is an HOA in control.

Good Luck. I haven't had any in my HOA in Palm Beach County, Fl.

I agree with flrider .... good intentions when these organizations/covenants are made lead to the path to hell. Parents these days, and the majority unfortunately, do not take the basic steps to teach their children to respect others or property. You will argue with the kids, their parents and the board to the point that you are the leper in the neighborhood .... you can not win and you will be the one who is unhappy.

Best to just cut your losses, regain you peace of mind, and move. That is the brutal reality of our changing society.

Good luck