I would like to file suit against my Home Owner's Association. How should I proceed?

Question

I live in a small development of 50 homes in Florida. We have a Home Owner’s Association to which you must be a member. We have had some radical changes in the Property Insurance Coverage for our development due to the recent rash of hurricanes.

The Home Owner’s Association has purchased a new policy for our Property Insurance with different coverage. I am told we now have no comprehensive coverage on the policy. I have asked the President of our Home Owner’s Association to provide me a copy of the Declaration of Coverage sheet from the new policy and he refuses to do so. Florida Statutes (Ref: Fla. Statute 720.303, paragraph 5, section (b)). In this statute it calls out for a possible punitive damage of $50 per day for a maximum of $500 in the event that a refusal like this takes place. I would like to take this matter to court but I am unsure if this is a matter for Small Claims Court or Civil Court.

What is the best way to proceed?

Answer 1

You're trying to get him to do something - so it's civil court. You'll have to hire an attorney, and also go after them for the attorney fees.

I'd write them a letter, send it certified, return receipt, requesting the information one more time, telling him you've requested it before, and if he doesn't respond within 30 days, you'll be "taking further legal steps" and looking for the attorney fees as well.

Keep in mind, as a member of the association, you can probably try to get him booted out for not doing his job, because any attorney fees would get divided up between all the homeowners; you WILL end up paying your share as well.

Answer 2

If you have a contract or other written agreement with the homeowner's association, first of all review that for dispute resolution options. It should also outline all party's responsibilities.

Everything you do must be in compliance with whatever that says. Many contracts call for mediation or arbitration in lieu of law suits.

If you know the name of the insurance company or the agent who wrote it, contact them to request a copy of the insuring agreements and a certificate of insurance naming you. If you are covered under a blanket policy, they should be willing to give it to you.

Send your request to the Association. I agree you should send it certified, but also hand carry a copy and mark the copy "hand delivered on -----"

The term "Comprehinsive Insurance" doesn't seem valid to me. It's more of an auto term. You want to know if you have all risk coverage, which covers most major perils, and for flooding, "Flood Insusrance."

Answer 3

I don't know. If you want an off-the-cuff guess from a know-nothing nobody, then here goes:

Send your request via registered mail, making it abundantly clear exactly what it is that you want. Staple a photocopy of the statute you've cited to the back of your letter. I don't know if it's possible to get such a thing witnessed and notarized, but it couldn't hurt to try.

This will at least get his attention, and when you do go to court, you'll have proof that you made the request.

Answer 4

For a maximum claim of $500, it would seem to be appropriate for small claims, not civil, court.. Check the Florida state website for the rules specific to filing a claim in that venue.

Answer 5

my Neighbor has parked his FIFTH WHEEL in his back yard and is allowed to do so according the CC&R s. But he is required to get prior approval from the HOA Board and it must be behind an 8" fence. I have asked the HOA to deal with him and send me a copy of the approval letter. It sticks out like a sore thumb and distracts from my quiet enjoy and views. We are putting our property up for sale and our realtor says the it being there may hinder the sale and/or have an adverse effect on the sales price.

Answer 6

Maybe you should speak to an attorney and not the freaks on here ( myself included ) because you are leaving yourself open for alot of BS answers.