Legal Question in Real Estate Law in Florida

HOA Dispute
Good afternoon,

I sit on our Board of Directors for a 237 home subdivision in Sanford, FL. We have a homeowner that is refusing to abide by our bylaws regarding the height of thier fence, which is made up of Arvida bushes and has grown to 12 feet high. Our bylaws require that fences be no higher than 6 feet. The owner is arguing that it is a hedge, not a fence, thus not liable under the bylaws.
The owner is suing the HOA and requiring the HOA to pay thier attorney fees. 1) What is the legal definition of a fence in Florida, and 2) By law is the HOA required to pay the plaintiffs legal fees, regardless if the plainteff wins or loses thier suit? Your help is appreciated - thank you

Asked on 9/29/08, 5:15 pm

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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Re: HOA Dispute

Sorry, dont do research for free. Retain counsel. If you win , you get atty fees.

Answered on 10/02/08, 11:36 am

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