‘I do not understand,’ says woman who faced daily $100 HOA fines after kind act to friend – they ‘showed no empathy’
A WOMAN was threatened with fines of $100 per day by her HOA after helping her friends after a natural disaster.
Teena Lavalvo from Tequesta, Florida, had been friends with Donell Pubien and his family for over a decade when they needed her help.
The family was made homeless in 2019 after Hurricane Dorian battered the Bahamas and rendered their home in Abaco unlivable.
"Rocks would fly through and sound like shotgun bullets," Pubien said in an interview with WPTV.
"This hurricane was really devastating."
Their saving grace was their kind-hearted friend from Florida who booked a private plane to get the family off the island.
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While Pubien's family went to stay with his sister, he sought refuge with Lavalvo as his sister's home was full.
Lavalvo explained to the news outlet how her homeowners association Tequesta Cay Community was less than welcoming to those in need.
You’re always going to find spiteful people and people that just don’t care about other people
Donell Pubien
The kind Floridian had housed up to seven displaced individuals from the Bahamas for one night and was then left with Pubien until the HOA caught wind of what was going on.
NO EMPATHY
"(The manager) indicated that she had been informed that I had brought in displaced families into my home and that it was against the guidelines of my association," Lavalvo told the outlet.
The homeowner then received a letter detailing that her property is for a single-family and room rentals are against the rules despite Lavalvo arguing that she was providing temporary housing for free.
"I do not understand how this association, or any other community, wouldn’t have empathy for the fact that we have been going through a very short period of transition," she said.
Despite this argument, the HOA threatened her with fines of $100, up to $1000, if she failed to vacate her friend from her home.
"Out of everything, you’re always going to find spiteful people and people that just don’t care about other people," Pubien said.
"But you’ll always find good people wherever you go."
The U.S. Sun has reached out to the association for comment.
Now, lawmakers in Florida are hoping to introduce new legislation to limit HOA powers following numerous complaints from homeowners.
HOA regulation proposals by lawmakers in Florida:
Numerous bills suggested by lawmakers in Florida are aimed at tackling HOAs by bringing them under further regulation. Here are some of the proposals:
Fines:
- Stipulations on how and when HOAs can issue fines including written notices with deadlines.
- Implementing an appeal process.
- Restrictions on fines for garbage cans, personal vehicles, and non-commercial work vehicles.
- Cap the fines issued by HOAs to a maximum of $100 for a single violation while prohibiting the fines incurred daily by the continuing violation from exceeding $500 rather than the current $1,000.
Transparency and Accountability:
- Copies of contracts issued upon request.
- HOA manager or firm must attend at least one member meeting per year in person.
- Publically available contact information for all managers or representatives of any given HOA.
- Continued education for HOA managers/management companies.
- Construction or improvement restrictions are to be consistently applied and the inclusion of the relevant HOA rule or covenant when a request is denied.
- Increasing the punishment for the acceptance of bribes such as money, goods, or services between $25 and $1,000 to a first-degree misdemeanor and a third-degree felony for those above $1,000.
- Not-for-profit HOAs to donate or use at least 15% of the association's annual income to benefit the community and record of how such funds were used or donated.
Rep. Kristen Arrington filed two bills about HOAs in January with one hoping to reduce the amount of money associations can fine homeowners for a single violation.
Currently, as seen in the case of Lavalvo, HOA fines for one violation cannot exceed $1,000.
Under her proposal, the limit would be reduced to $500 unless otherwise stipulated in the HOA's governing documents.
"Folks on a fixed income, especially like our seniors, were receiving notices for pressure washing or vines growing up on their fence or their building, and receiving fines up to $1,000 for that, which is which is obviously hard for them," Arrington told WUSF.
HOAs would not be "trying to profit," she said adding: "I don't believe that that's the purpose or what they were intended for."
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Her other bill is aimed at improving transparency between HOAs and homeowners.
Last year the "Homeowners’ Associations Bill of Rights," filed by Rep. Juan Carlos Porros of Miami-Dade County was passed and lawmakers like Arrington want to "strike while the iron is hot."