QUESTION

Can the HOA use a vacant house to see into my back yard?

Asked on Jun 13th, 2012 on Real Estate - Florida
More details to this question:
The HOA has sent me a letter concerning my pool being green. Code inforcement was here and did not issue a citation, but a week later the HOA is WARNING ME. There is only two ways they can know the condition of my pool. Either as stated they are using the vacant house next to me or they are trespassing. What are my options to put a stop to them. Please don''t tell me to just clean the pool, cause if I had the money I wouldn''t be writing to you. P.S. If they are trespassing can I take legal action????
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1 ANSWER

I am pretty sure you cannot legally stop them from accessing someone else's property to view into your yard.  Bigger question to me is why are they raising the issue and what authority do they have to tell you what color your pool is?  Is there something in the HOA documents?  If code enforcement has not issued citation, then the HOA could only take action if there is a violation of the association documents.  What can you do to stop them?  Theoretically, you don't have to do anything if you have not violated any restriction.  If they have nothing to enforce, they should not be wasting everyone's time.  But it is probably not worth your effort to try to get the board replaced at the next election, which is the only other way that the HOA might stop. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.  
Answered on Jun 14th, 2012 at 1:31 PM

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