Florida homeowner in legal battle with HOA

On Behalf of | May 15, 2022 | Real Estate Disputes |

When someone lives in a community that operates under a Homeowners Association (HOA), disputes sometimes arise between homeowners and neighbors or with the HOA organization itself. Often, such disagreements include issues having to do with exterior décor on a home, especially if the residence is in a historical location. One homeowner is now engaged in a legal battle with his HOA over a faux garage door attached to the side of the person’s house as art.  

The feud initially had to do with decorative garage door hinges. The HOA reportedly required such hinges to be approved before installation. However, after the homeowner questioned the HOA as to whether every other homeowner in the area had sought approval for decorative wall hangings, the HOA removed the stipulation from the written requirements.  

Legal battle erupts after TikTok video goes viral 

The homeowner hung a faux garage door on the side of the home, with decorative hinges that resembled the functional garage door on the property. The Florida resident also posted a video on TikTok, which explained the challenge against HOA rules, as well as the fact that the decorative wall hanging requirements were subsequently removed from the regulations. The video went viral, and the HOA then reinstated the requirement.  

The HOA sent the homeowner a letter stating that a violation had been committed by hanging the work of art, which also contains a faux “Picasso” signature at the bottom of the door. Many people have commented on the homeowner’s TikTok posts, saying that the HOA should not be able to tell people what to do with their homes and that homes that exist in an HOA-run community should automatically lose property value. Real estate disputes like this often lead to litigation, in which case, it is helpful to retain experienced legal representation before heading to court; an attorney who is well-versed in Florida law can review an HOA agreement and determine which party, if either, have violated the agreement and/or state law. 

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