VIOLATIONS
July 1, 2010 the original statute went into effect setting down minimum rules for fining in homeowner associations. Please see:
The Sweetwater Oaks Homeowners' Association's Covenants do not allow monetary fines. The only remedy in the covenants to noncompliance is to seek a court order to require the homeowner to comply with the covenants. The first fine was levied by the Board of Directors at the Regular meeting of the BOD in August of 2010. As far as I can find, there was no vote by the membership, the BOD, the ARB or anyone else to amend the covenants to allow monetary fines. The BOD contends that the state statute requires that the BOD levy monetary fines. If you take time to read the statute, it says in part (2) that the Association MAY levy reasonable fines, which are outlined in the statute. It is my opinion that the fining of homeowners must be made a part of the covenants to be legally binding and if it is ever challenged in court the judge could rule that the covenants must be amended by the membership to allow monetary fining. This could result in serious costs to the association as the ruling may require repayment of all previously collected fines and reimbursement for all costs incurred by the members who were fined.
There is also the matter of a recent appellate court ruling (please see document below) throwing out a compliance violation case due to the association being a "self help" community. Sweetwater Oaks covenants does have a self help clause which is included in the attachment. If there is a judgement rendered in favor of the association it could be appealed and thrown out. For the requirements to file an appeal please see: https://www.seminoleclerk.org/appeals/
In a recent case the homeowner's opted to answer the complaint without an attorney. Apparently, their answer was so compelling that the BOD opted, apparently on the attorney's advice, to drop the case, which cost the association all legal fees and could have cost much more if the defendants had opted to hire an attorney. It would be interesting to find the full amount paid to the HOA attorney. Please see: https://courtrecords.seminoleclerk.org/civil/civil_details.aspx?d=b8ygzYYRfGS%2bN6v0kLmRmQ%3d%3d
Sweetwater Oaks vs Keefauver case #2024CA0002344. Please review under Dockets MOTION TO DISMISS DEFTS dated 2/1/2025.
If anyone can present me with factual evidence that any of the statements contained here are false, please submit to this page on the CONTACT page and I will gladly correct any incorrect information.
I am not an attorney, nor do I have any special legal training. I would recommend that in any legal matter you seek the advice of a qualified licensed attorney.
If anyone has received a violation, I may be able to assist you to come into compliance. Please email me on the contact page. Your inquiry will be held in the strictest confidence. If you feel better about talking, where there is no written record, please call my cell phone 321-279-2916. I usually do not answer unknown numbers (I do not need help with my student loans or help picking a medicare provider). Please leave a message if I do not answer. Simply say "I am trying to reach Chuck" and I will return your call.
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