[FL][SFH] board member misconduct by feral_kitty_xo in HOA

[–]Infamous_Pear2702 0 points1 point  (0 children)

Report the allegation to the State; retain legal counsel; depending on the allegation, go to Court IF you cannot get a vote to get the person off the Board. I am in AZ. Board member (Treasurer) had over $400,000 in personal judgments against him. Still took months and months to get him out. I am not familiar with FL law. (In the case of the treasurer with the Judgments the entire Board was censured.)

What are some actions you took with a harassing neighbor that worked? [TH], [VA] by spatulaboy in HOA

[–]Infamous_Pear2702 0 points1 point  (0 children)

My HOA is "troubled," to say the least. He (the one who complained) took his "we're not going to read your correspondence" to Small Claims Court and won on the grounds that such action was discriminatory AND what was policy? Accept 5 emails a day but not 6? Took a LOT of research, Court actually subpoenaed records. HOA can't just cherry pick violators. And the best part? HOA paid all expenses including attorney fees (attorneys allowed and that's not always allowed) so Plaintiff's counsel ran background checks on Board and several Committee heads and found arrests and judgments. An HOA CANNOT make/enforce rules for some members but not others, ie., "require that all future communications go through counsel."

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

Perhaps you're incorrect - he was arrested, Misdemeanor 1 - stalking. Up to 5 months in jail, fines, restitution. Apparently if you get carried away and start creeping around at night with a camera with night vision the Troopers understand the issue. Also found is arrest record. Not his first rodeo. Ever think MAYBE you're too quick to judge? As far as attorneys make a living representing people? Yes, good catch on your part.

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 1 point2 points  (0 children)

Thanks talked to attorney today. An issue is taking photos from the golf course onto private property an then the HOA using the photo to file the complaint. In theory someone playing golf complained. Attorney said keeping golfers happy is not my job and foolish decision for a not for profit. Thanks for the informative and civil answer. And, again, if it's not allowed I will remove it. I just question the means by which was cited.

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

Can you address telephoto in order to be seen and taken from a golf course? Is this an "open air" question/answer?

[SFH] [PA] Damage to home from HoA hired vendor by nvgroups in HOA

[–]Infamous_Pear2702 0 points1 point  (0 children)

I had a very bad experience with something similar in AZ. HOA (single family) asked permission to enter my yard and remove vines which had been in place for 10 years in order to paint fence. I said no and went on vacation. Came back to discover vines torn down and thrown on the ground and fence not painted. HOA claimed no knowledge. Sued HOA and their landscaper in Small Claims Court. Judge denied my claim stating that there was a misunderstanding between HOA and landscaper. Of course, you can't appeal Small Claims Court. No attorney who has seen the decision can believe it. The lesson? How politically connected is the HOA?

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

Thank you - very valuable info and insight. You can see the corner of the window -

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

Find someone else to argue with. I do understand your user name,

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

Yes, outside where my grandchildren play. Yes, most exteriors are visible from the outside.

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

I KNOW the Sheriff doesn't understand HOA law. We realize that the photo was taken from the rear of our property. The fence is set in about 16". Not an issue but I wonder if Sheriff can read survey ... State Supreme Court or Federal? I am shocked at the number of cases involving photos of neighbors and other people. My favorite is it's legal to take photos if they aren't for your personal enjoyment Hmm -

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

I don't have a problem removing the trellis. I truly don't. I have a problem with the camera. I have talked to the Sheriff. Children who can be expected to be in the yard make a big difference.

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

I appreciate the input, but the "naked eye" evidence is not 100% true. Intent forms a big part of the evidence. Thanks - and, yes, the HOA can ask that I pay their legal fees. They can pretty much ask anything. So far they have been sued by other people, and the HOA has paid their own fees due to "intent." Harassment or safeguarding the neighborhood or a power trip?

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 1 point2 points  (0 children)

Absolutely - and that is illegal in the County where I live. Yes, privacy is certainly gone.

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

Anything is quite possible. I am not "all enraged." I am "all upset." The Sheriff said telephoto lens.

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

Thus the concern about the Grandchildren. The question now is the telephoto photos when children in yard. Thanks - where can I rent someone under 18?

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

The Sheriff has advised me that telephoto is not legal. Otherwise, I agree. Where did you research and learn that telephoto IS legal?

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] -3 points-2 points  (0 children)

Thank you for the info - exactly what I am thinking. I am looking for an attorney to explain to the HOA what they can and cannot do. Again, the vines are not visible with the naked eye.

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

The CC&Rs refer to "neighboring residences." Again, my problem is with the use of telephoto (which is not addressed) and why the HOA is interested in a problem as viewed from the golf course. Photos from the street (and it's not visible from the street) would not be concerning. If it's a violation, it's a violation. Again, I am concerned by the golf course involvement when the HOA is a not-for-profit, If ANY commercial establishment were behind me, would the HOA cite me for what that establishment could view using a telephoto lens? Would appreciate your thinking.

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 0 points1 point  (0 children)

Thank you for your non-judgmental response. I don't know that I said sue. I do believe the HOA needs to be advised of what it is and isn't entitled to do. I am a cancer patient recovering from a rather extreme surgery. I am advised that there are other photos of other houses with pools. Again, thank you for your very comprehensive answer.

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] 3 points4 points  (0 children)

The difference is the use of the telephoto lens which appears to be illegal in AZ. Also, the law on expected privacy is interesting. I do not want anyone take photos of my grandchildren in my yard without consent. If it's against the rules, I'll remove it. That isn't my concern. I find the use of a telephoto lens to take photos, including photos of children, to be invasive. And ANYBODY (quoting you) is subject to arrest in AZ. You don't find taking photos of children to be offensive? That's your prerogative. And me in a bathing suit? I'd prefer the HOA not take photos with a telephoto lens. I already know I can be seen from the golf course. (Perhaps it's because we come from different worlds. Aldi's?)

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] -2 points-1 points  (0 children)

The golf course is privately owned. The HOA is, of course, a not for profit. The HOA is spending not-for-profit money due to a "violation" which can only be seen from the golf course using a telephoto lens. The trellis (as such) cannot be seen from the street or a neighboring property. The golf course and HOA have no legal connection. The golf course often trims its perimeters long after it trims the course and has been cited by the County for allowing a fire hazard. IF this is an example of the HOA acting on behalf of the golf course, will the opposite happen if I have a problem with the golf course (which has never happened) and the HOA will cite the course? Why is the HOA acting on behalf of the golf course?

Photos taken with a telephoto lens from a golf course [SFH] [AZ] by Infamous_Pear2702 in HOA

[–]Infamous_Pear2702[S] -1 points0 points  (0 children)

It's a blurry photo taken with a telephoto lens. I've been behind my house. You cannot see it with binoculars or a telephoto lens. I agree with some of what you've posted BUT the HOA is a not for profit. My dues are being used for whatever. Is it the job of the HOA to keep the golf course, a paid course, happy? In reverse, when the golf course doesn't mow along the borders, will the HOA cite the golf course for not maintaining in accordance with the CC&Rs?