Residents who refuse to follow the rules
Just about every planned community in Southwest Florida has governing documents recorded in the public records of the County containing various regulations as well as unrecorded “house rules” that the residents are supposed to follow in order to maintain a community of congenial, financially responsible residents with the objectives of protecting the value of the homes and units, inhibiting transiency, and facilitating the development of a stable, quiet community and peace of mind for all residents.
For some communities however, there are residents who believe for some reason that the rules and regulations do not apply to them. Some people who are used to living in a home in an unincorporated neighborhood up North are used to doing pretty much whatever they want in their house and on their lot. Such behavior does not transition well to living in gated communities and condominiums in Southwest Florida.
Usually, when this type person fails to follow the rules, such as failing to clean their roof, failing to leash their dog, failing to cut their grass, failing to apply for and register tenants and guests, failing to follow the traffic signs, failing to clean up after themselves on the common areas or, instead of failing to do something, the person decides to break the rules by parking the wrong type vehicle on the property, painting their house the wrong color, bringing pets to no pet buildings, playing loud music or having loud parties at late hours, going to the pool after dark when it is closed or just being obnoxious to fellow residents, the manager or board may call them or send them an e-mail or a letter and kindly ask that they knock it off and start following the rules.
We find that although these “kind” reminders work sometime in obtaining compliance, many times, the violators don’t respect such requests and decided to continue to act like outliers.
This is usually when legal counsel comes in as the board and management are at wits end and need some help in encourage compliance. We will usually send a last chance “cease and desist” letter to the violating resident and the owner of the property and let them know if their rules and regulations violations do not stop, the Association will bring legal action against them.
The legal action could commence with Arbitration in Condominiums or Pre-Suit Mediation in Homeowners’ Associations or direct legal action in Court depending upon the type violation.
We will let the violator and unit or home owner know that if such legal action becomes necessary, they will be responsible for the Association’s prevailing party attorney’s fees in addition to their own. Such a letter works much better than a $100 fine as the violator and owner could now be looking at being responsible for thousands of dollars of legal fees if litigation becomes necessary. At this point, when they see they will probably be responsible for large dollar amounts, most remaining violators will then get in line and comply with the rules.
However, for the few that still don’t see the light and continue to cause trouble, litigation will ensue where damages and injunctions are sought. If the court issues an injunction telling the violator to start following the rules and the violator still does not comply with the court order, the Judge may well then fine the violator for contempt of court. If violations continue after that, then the Judge may throw the person in jail.
For these difficult people, it is kind of like giving someone an Indian Sunburn. You have to keep squeezing their arm until they cry uncle. It can be very costly both in money and time for those who refuse to cry uncle in short order.
It is a shame that there are such persons living in your communities who refuse to follow societal norms. Regretfully though, as long as they continue to cause trouble, Associations must use their monies and time as a cost of doing business in covenant enforcement in furtherance of their fiduciary duty to protect all the other good residents in the community.
