Lawsuits Part 2

PLEASE NOTE THAT THE FEES AND COSTS REFERENCED IN THIS DEMAND LETTER ARE THOSE INCURRED TO DATE. YOU ARE RESPONSIBLE FOR ALL FEES AND COSTS THE ASSOCIATION INCURS TO COMPEL YOUR COMPLIANCE WITH THE DECLARATION. YOU MUST FIRST CORRECT THE VIOLATION(S) AS DETAILED HEREIN, AND THEN REIMBURSE THE ASSOCIATION FOR ALL FEES AND COSTS INCURRED. IF YOU DISPUTE THE VIOLATION(S), YOU DO SO AT YOUR OWN RISK. IF YOU CHOOSE TO CORRECT THE VIOLATION(S) AND PAY ALL FEES AND COSTS INCURRED, CORRECT THE VIOLATION(S) FIRST, CONTACT US IN WRITING TO INDICATE YOU HAVE FULLY CORRECTED THE VIOLATION(S), AND WE WILL THEN CONFIRM THAT THE VIOLATION(S) HAS BEEN CORRECTED AND PROVIDE YOU WITH THE TOTAL AMOUNT OF FEES AND COSTS WHICH MUST BE REIMBURSED.

That surely should scare every homeowner who respects his/her wallet. But if that's not enough -- here comes the heavy threat:

"Assessments for which one or more Owners (but not less than all Owners) within Manchester Neighborhood is subject ("Individual Assessments") such as costs of special services provided to a Home or Owner or cost relating to enforcement of the provisions of this Declaration or the architectural provisions hereof as it relates to a particular Owner or Home... The lien for an Individual Assessment may be foreclosed in the same manner as any other Assessment." [emphasis added]

In other words, if you don't submit payment of the amount demanded you, and your family are soon sleeping under the bridge!

Oh, before I forget: This doesn't work if the homeowner hires an attorney and proves that the whole "violation" was bogus. Then association boards and their attorneys claim that now FS 720.305 applies: "The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs." And since there was no litigation the owner has no right to recover attorney's fees!

This way of collecting money for alleged violations of deed restrictions is clearly circumventing the legislative intent of FS 720.305 (as amended in 2004). The emphasis of the provision that allows collection of legal fees is on PREVAILING -- clearly not meant to allow collection of legal fees without needed proof of actual violation. And, as we all know, legal fees can't be collected with the help of lien and foreclosure if the home is homestead protected.

[GEORGE ANDRES and ANNA ANDRES, Appellants, v. INDIAN CREEK PHASE III-B HOMEOWNER'S ASSOCIATION, Appellee]

But sending these kinds of letters is very effective because they are phrased to intimidate the homeowners. Especially the elderly are afraid of attorneys threatening with liens and foreclosures. Most of them pay no matter if right or wrong! And that is the whole idea behind this way of doing business. The attorneys get quite some extra income -- high-priced form letters printed by a computer -- and boards use it to intimidate owners who dare to contradict their way of doing business. "Don't speak up at the board meeting -- or you receive a violation letter from our attorney and you have to pay the legal fees, no matter if the alleged violation was just bogus!"

Is this what our society stands for? I surely hope not!