What are our rights if our HOA is fining us for an unspecified rule?
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What are our rights if our HOA is fining us for an unspecified rule?
We have had a pull-up bar in our driveway since we bought our home over 1 1/2 years ago. We are now being fined for this under the guise of
Asked on October 7, 2018 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You may well be able to avoid enforcement of the rule against you: the HOA can only enforce the rules it has, and if you can show--as is likely--that the pull-up bar is not "storage" but is active sporting equipment like the basketball hoops, etc., you mention, you should be allowed to keep it; if it's not storage, it can't be barred under the rule you cite. But the question is, is it worth fighting? To potentially be able to keep the bar and avoid the fines, you'd have to go to court against the HOA. That will cost you time and money; while based on what you write, you seem like you should be able to win, no lawyer can predict 100% in advance a trial outcome, since courts and judges sometimes do strange things; and if you did lose, there is a chance the HOA could get their lawyer's fees from you. It does not appear to be a fight worthwhile fighting.
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