I live in a community in Miami, Florida called “Valencia”. The HOA had sent me a notice in December 2007 to trim the areca palm in front of my townhouse. I had trimmed this and sent a letter stating same. The next letter I got was to remove the areca palm. Then I had to go for a violation hearing and eventually they accepted the trimming. In the hearing the “Manager” had said that he will have me remove the palm one of these days. Two weeks ago I got a letter to remove the areca palm and they have now quoted a bye-law of the HOA (this clause states that no areca palms are allowed in the community). However, this amendment was made to the HOA for the year 2007. This clause was existing when they sent the original letter to trim in Dec 2007. Earlier the HOA had made me remove another plant (this cost me $ 350) which was existing on the property and became a “no” in the same amendment of HOA in 2007.

I have a second issue: HOA sent me a letter stating that I have put concrete in my back patio without HOA approval and it is causing flooding of the neighbors unit. I bought this place in Nov 2002 and this back patio had concrete at that time. Now the HOA wants me to pay a fine of $ 450 (I had paid a $ 50 fine earlier as I could not attend a hearing- travel on business). This letter had come to me seven months after the fine of $ 50 was paid. In the meantime I had made phone calls and also sent letters stating that “presume this issue is sorted out” (My neighbor had some wild growth in her back patio and once she cleared it, I presumed the issue was over). Never got any reply from the HOA to my emails and letters. Last week I spoke to my neighbor and understand that she never had a flooding problem and she did not complain to the HOA. I sent an email to the HOA and yet to hear from them. I am expecting another huge fine from them shortly for not paying the $450 fine.

Is there anyway I can stop my HOA harassing me or is there any other judicial forum that I can take this up without spending a fortune on attorney fees?