Florida HOA Dispute Demand Letter

Sample Language

[Your Name]
[Property Address]
[City, State, ZIP]

[Date]

[HOA Name]
Board of Directors
[Address]

RE: Formal Demand - Violations of FL Stat Chapter 720 and Governing Documents
Property: [ADDRESS]
Owner: [YOUR NAME]
Violation Notice/Fine Dated: [DATE]

Dear Board of Directors:

This letter constitutes formal demand and notice pursuant to Florida Statute § 720.305 regarding your violations of Chapter 720 and the Association's governing documents.

BACKGROUND:

On [DATE], I received [describe HOA action - "notice of violation and fine," "special assessment notice," "demand for payment," "restriction on property use"]. This action is improper, unauthorized, and violates both Florida law and the Association's governing documents.

HOA'S VIOLATIONS OF FLORIDA LAW:

1. Improper Fining Procedure (FL Stat § 720.305(2)):
Your fine notice violates statutory requirements by:
- [Failing to provide 14 days' notice before imposing fine]
- [Failing to offer opportunity for hearing before independent committee]
- [Using board members as hearing committee instead of independent appointees]
- [Failing to specify exact violation or fine amount]

Under § 720.305(2), fines imposed without proper procedure are VOID. I do not owe this fine.

2. Ultra Vires Action (§ 720.303):
Your [fine/restriction/assessment] exceeds the Association's authority. FL Stat § 720.303(1) limits HOA powers to those granted by governing documents. The [Declaration/Bylaws] do not authorize you to [impose this type of fine/restrict this use/levy this assessment].

3. Selective Enforcement:
The Association enforces [covenant/rule] against me while ignoring identical violations by [other homeowners at ADDRESSES]. This selective enforcement violates § 720.303(1) duty to operate for benefit of all members and constitutes breach of fiduciary duty.

4. Violation of Governing Documents:
Your action contradicts the Association's own governing documents:
- [Article X, Section Y of Declaration states "..." which permits my use]
- [Bylaws Section Z requires board vote before imposing this type of fine/assessment]
- [CC&Rs do not grant authority to regulate this aspect of property use]

5. [If applicable] Assessment Violations (§ 720.308):
Your special assessment was levied without: [required notice to homeowners / vote by membership / proper budget documentation / compliance with governing document requirements].

DEMAND FOR CORRECTION:

Pursuant to FL Stat § 720.305, you must within 30 days:

1. Withdraw the [fine/assessment/restriction] in writing
2. Remove any reference to alleged violation from Association records
3. Refund any amounts already paid: $[AMOUNT]
4. Provide written confirmation that no further action will be taken
5. Remove any liens filed against the property
6. [If applicable] Implement proper fining procedures complying with § 720.305(2)

DAMAGES & ATTORNEY FEES:

[If you've suffered damages:]
Your improper actions have caused substantial harm:
- [Damage to credit from wrongful lien]: $[AMOUNT]
- [Lost property value / inability to sell]: $[AMOUNT]
- [Attorney fees for lien removal]: $[AMOUNT]
- [Emotional distress from harassment]: $[AMOUNT]

Under FL Stat § 720.305(4), I am entitled to recover reasonable attorney fees and costs as prevailing party in disputes arising from covenants, bylaws, or rules.

PRE-SUIT NOTICE:

This letter constitutes 30-day pre-suit notice. If you fail to withdraw the improper [fine/assessment/restriction], I will file suit in [COUNTY] Circuit Court seeking:

1. Declaratory judgment that your action violates § 720.303 and governing documents
2. Injunction prohibiting enforcement of void fine/restriction
3. Actual damages of $[AMOUNT]
4. Reasonable attorney fees under § 720.305(4) (likely $10,000-$25,000+ for litigation)
5. Court costs and litigation expenses
6. [If egregious] Punitive damages for breach of fiduciary duty

Additionally, I will:
- File formal complaint with Florida Division of Condominiums, Timeshares, and Mobile Homes
- Circulate information to all homeowners documenting board's violations
- Seek removal of board members for breach of fiduciary duty
- Pursue personal liability claims against board members who knowingly violated Chapter 720

SETTLEMENT OFFER:

To resolve this matter economically, you have 30 days to:

1. Withdraw the challenged action in writing
2. Refund $[AMOUNT] already collected
3. Agree to implement proper procedures under § 720.305
4. Provide written confirmation of compliance

This resolves the matter for a fraction of what attorney fees will cost if you force litigation.

CONCLUSION:

Your actions violate Florida law and the Association's governing documents. Under § 720.305(4), you will pay my attorney fees when I prevail. The average HOA dispute generates $15,000-$30,000 in attorney fees - far exceeding the amount in controversy.

Correct your violations now or prepare to pay substantially more in legal fees, damages, and court costs.

I expect your written response within 30 days.

Sincerely,
[Your Signature]
[Your Name]
[Phone Number]