Written By Ryan Poliakoff
A condo HOA director received a demand letter for pre-suit mediation over parking but never received a warning or violation letter first. Is this legal?
WEST PALM BEACH, Fla. – Question: I am a director of my HOA and firmly believe that I am being harassed by the president, who clearly dislikes me and my constant disagreement with his decisions, which are most of the time emotional, careless and outside of the governing documents.
I received a demand letter from the HOA lawyer for a pre-suit mediation for, apparently, having broken a rule (parking related – the rule does not clearly indicate that I broke any rule by the way). I never received any letter (warning or violation) on this, just the letter from the lawyer.
Our bylaws are as follows: “In the event of a violation (other than non-payment of an Assessment or fee by an Owner) of any of the provisions of the Declaration of Covenants, these By-Laws, the Rules and Regulations of the HOA or the Articles of Incorporation of the Association, the HOA, after reasonable notice to cure not to exceed (15) days, shall have all rights and remedies provided by law and in the Declaration of Covenants including without limitation (and such remedies shall or may be cumulative) the right to sue for damages, the right to injunctive relief and, and in the event of a failure to pay Assessments fees, the right to foreclose its lien provided in the Declarations.”
I was not given any reasonable notice to cure … is this condition enough to prevail in the event of a litigation?