According to Cyber Citizens For Justice, homeowners should do the following to "fight for their rights:"
Learn the rules and laws.
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Don’t ignore letters received from the association. Respond immediately by certified letter.
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Do not send emotional e-mails and/or telephone calls.
Don’t rely on verbal agreements or promises, and always create a paper trail.
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Most letters received from board, management and/or attorney are aimed at intimidating the homeowner. Respond accordingly and do research before falling into traps. The Internet provides many sources.
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Respond immediately to the so-called 45-day lien/foreclosure notice letter (FS 720.3085).
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When receiving letters, don’t think, “It’s just the HOA.” The HOA can take your home but only if the debt is for unpaid dues and assessments -- not for fines.
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Don’t ignore so-called presuit mediation offers (FS 720.311). You lose your right to recover legal fees even if you win the lawsuit.
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If your association takes you to court without offering presuit mediation, ask the judge to dismiss the case. The association ignored the statutes requiring mandatory presuit mediation.
For more information, visit FLLegalServices.com
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