Lake Griffin HOA Response Confirms Ongoing Violations of Florida Statute 720

HOA Email Confirms Ongoing Violations of Florida Statute 720

Recently, I received a written response to my certified letter regarding enforcement actions taken against my home at 134 Savannah Park Loop. The response is significant not because it resolves the issues raised, but because it confirms enforcement practices that conflict with Florida Statute Chapter 720 and required homeowner due-process protections.

This post documents what the HOA and its management company have admitted in writing and explains how those admissions align with, or contradict, Florida law.

The Management Company, Not the Board, Is Responding to Certified Letters

The response to my certified letter was issued by the management company, not by the HOA Board of Directors. Despite the letter being addressed to the Board, all explanations, statutory interpretations, and justifications were provided by management.

Under Florida Statute §720.303(1), the board of directors is the entity responsible for the operation and governance of the association. Management companies act only as agents and do not replace the board’s statutory duties or accountability.

When certified correspondence seeking statutory compliance clarification is answered exclusively by management, it raises governance and accountability concerns.

The HOA Confirms It Does Not Conduct Hearings

In its response, the HOA states that:

It does not have a fining committee.
It does not have a hearing committee.
It does not conduct hearings.
Alleged violations are instead forwarded to legal counsel.

Florida Statute §720.305(2)(b) requires that before a fine or suspension is imposed, the parcel owner must be given at least 14 days’ notice and an opportunity for a hearing before an independent committee.

Eliminating hearings entirely does not remove this statutory obligation.

Attorney Fees Are Being Used as a Substitute for Fines

The HOA claims that no fines are imposed because the Association only seeks “attorney fees.”

However, the same response confirms that:

Attorney involvement is triggered by alleged violations.
Referral occurs without a hearing.
Legal fees arise as a consequence of noncompliance.

Florida law looks to the substance of enforcement, not the label. When monetary charges arise directly from alleged violations, they are punitive in effect and subject to due-process requirements.

Florida Statute §720.305(1) allows enforcement actions but does not authorize bypassing statutory safeguards by recharacterizing penalties.

Automatic Referral to Legal Counsel Is Confirmed

The HOA states that a management liaison committee reviews homes and approves which files are sent to the attorney, with ratification occurring at board meetings.

This confirms:

Legal escalation occurs before homeowner hearings.
Committee approval replaces homeowner due process.
Enforcement begins prior to neutral review.

Committee approval is an internal governance process. It does not replace statutory requirements imposed by §720.305(2) or override homeowner rights under §720.303.

Governing Documents Do Not Override Florida Statute

The HOA relies on its governing documents to justify recovery of attorney fees.

Florida law is explicit that:

Governing documents cannot supersede state statute.
Associations may only act within statutory authority.

Florida Statute §720.303(1) and §720.305 control enforcement procedures regardless of what governing documents state. Attorney fees must be reasonable, proportional, and tied to lawful enforcement actions.

A $0 Balance Does Not Cure Improper Enforcement

The HOA states that my account currently reflects a $0.00 balance.

This does not change the procedural facts:

The file was referred to legal counsel.
Enforcement actions were initiated without a hearing.
Monetary consequences were attempted without statutory process.

Procedural compliance is evaluated at the time enforcement occurs, not retroactively corrected by account adjustments.

What the HOA’s Response Confirms

Based solely on the HOA’s written response, the following facts are established:

The HOA does not conduct hearings (§720.305(2)(b)).
Alleged violations are escalated directly to attorneys (§720.305).
Attorney fees are used as enforcement tools tied to violations.
Management responds to certified letters instead of the Board (§720.303(1)).
Committee ratification is used in place of homeowner due process.

These practices conflict with Florida Statute Chapter 720.

Why This Matters to Every Homeowner

This issue extends beyond one property or one enforcement action. Florida Statute 720 exists to ensure:

Transparency
Accountability
Fair notice
Lawful enforcement
Homeowner due process

When enforcement systems are structured to bypass these protections, all homeowners are affected.

This post exists to document facts, preserve the public record, and ensure that HOA enforcement complies with Florida law.