Quote:
Originally Posted by rustyp
You are not new to TV. No ifs ands or buts work at the meetings. 2005 is no defense !!! I don't like it either but you need a two front battle. The first one you already lost. The second one is up to you to rally the troops to amend the covenants.
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aside from TV strongarm approach, you're acctually incorrect. While they may pay/influence/ whatever the courts around here, the reality is that none of this would stand in a federal court. IF those plants have been there since 2005 that is actually a defense, TV can not by pass (as in allow) an infraction and then call it back. That qualifies as selective enforcement, and all Florida courts (not controlled by TV) will side with the home owner for this. Once selective enforcement has been determined - all the "rules" are void.
There is a process to rectify the selective enforcement, but I don't see that mentioned here either. Personally I would have told the person to stick it and lawyer up. As a former HOA president our atty was both local and federal, learned a lot, just waiting to use it (yes I like a good fight)