Melbourne, FL asked in Real Estate Law for Florida

Q: I live in Florida and my HOA board of directors changed the rules about parking on the street overnight.

They no longer are allowing parking on the street overnight. Recently, they started sending me notices that I am in violation of our rules for having my son's car parked over the sidewalk. There is no where they will allow him to park. Now they are threatening to turn it over to their attorney. They have never quoted me a fine amount. Can they begin the fine process without giving me a warning as to the amount of the fine? Do I have any recourse as the BOD changed our parking rules. They did not take the change to a membership vote.

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1 Lawyer Answer
Roy D. Oppenheim
Roy D. Oppenheim
  • Weston, FL
  • Licensed in Florida

A: One would have to review your HOA documents and the recorded documents concerning your association. These docs typically state the process in which the docs may be amended. In terms of the fines, again, the HOA docs would have this information as well as the process for which a fine may even be imposed .

Tim Akpinar agrees with this answer

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