A GROUP of Florida residents is fighting to keep their homes after their HOA demanded they pay legal fees – even though the organization hasn’t won a lawsuit.
Residents went to war with their board after the HOA made plans to close off a women’s bathroom in their condominium’s clubhouse.
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In December 2020, the HOA for Belleza at Ponte Vedra Condominium in Jacksonville approved a $4,700 project to make clubhouse bathrooms staff-only, local CBS affiliate WJAX reported.
At the time, Covid-19 social distancing rules were in effect, and staff wanted a private place roped off from the public.
The change frustrated some residents, as women enjoying the property’s tennis court or pool would have to go back to their homes to use the restroom instead of stopping by the central building.
“The women did not have access to a women’s bathroom,” homeowner John Duffy told the local outlet.
While the initial closure was an annoyance, it became a critical issue when people noticed no changes being made to the bathroom.
In 2022, residents like John Duffy started investigating what his HOA was doing with the bathroom.
He and other homeowners approached the St. John’s County’s building department, which told them the board had approved the project without getting the proper permit.
This led Duffy and others to file a complaint with the Florida Department of Business and Professional Regulation (DBPR) in July 2022.
Building department officials in the county confirmed the board eventually got the licensure needed to complete their project.
HOA STRIKES BACK
In March 2023, the DBPR chose not to prosecute the HOA due to a lack of evidence.
After this decision was filed, the board sent a notice to homeowners involved with the complaint to tell them they would be charged for legal fees.
The organization accused the group of spewing “false and misleading allegations” in a notice seen by the outlets.
Residents said they noticed extra fees were tacked on to their monthly statements.
“We simply filed a complaint,” Brent Seaman said.
What is an HOA?
One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
“The board wants to punish every single person who simply had questions.”
According to Florida state law, an HOA must win a suit before collecting legal fees.
Legal experts said that because the complaint was thrown out, the board cannot charge their residents a monthly fee.
“It’s beyond their scope of authority to do what they’re doing,” Lourdes Ferrer, a consumer protection attorney, told WJAX.
“They don’t have the authority.”
When approached for comment on the complaints, a lawyer for Belleza released a short statement to the outlet.
“There are several fundamental inaccurate factual statements and serious false accusations being made against Belleza,” the attorney said.
The U.S. Sun has approached Belleza for more context on the statement.
For now, residents wrapped in the HOA drama say they aren’t budging until the issue is handled.
“I’m not going anywhere,” Seaman said.
“If they think I’m leaving over this, I’ll sue them back to the Stone Age.”
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