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Homeowners and HOA Headed to Mediation

Thursday, July, 20, 2017

A Daytona Beach couple is battling with their homeowner’s association over the installation of a four-foot wooden fence.   The couple says the fence would protect their property and their family from strangers who trespass on their property.  


According to homeowner Gina Frazier the issue is one related to safety and there have been safety issues with trespassers since 2013.   Frazier’s mother originally owned the home and land in the Fountain Lake Subdivision in Florida, but did not live to see the fence erected.  


Now, Gina is trying to get permission to install the fence, which she believes is needed because when she tells people to stay off her property they threaten her and her family.   Her and her husband even installed surveillance which has recorded people trespassing and lawn crews hired by the HOA driving on the property.  


Frazier and her husband decided the best way to protect themselves and their property was to install the fence, but the neighbors complained and the Fraziers had to have their property re-surveyed.   Frazier claims she contacted the HOA and received permission to build the fence, but after the survey was complete, the HOA contacted her and said she had not followed proper protocol.   Recently, she received a letter from the HOA’s attorney demanding she take part in a pre-lawsuit mediation to resolve the dispute. 


Like all mediations, Frazier is not bound by any decisions or solutions offered by the mediator, but the letter told her that is she refuses to participate, she will not recover attorneys’ fees, even if they win their lawsuit.   They have also been told they must split the cost of the mediator.   The mandatory mediation has been scheduled for mid-July.