A growing controversy in Titusville’s Windover Farms neighborhood is unfolding as resident Deirdre Maietta raises serious legal and ethical questions about the practices of the Windover Farms Community Association.

Her concerns, initially personal, are now resonating with a broader group of residents, some facing foreclosure, leading to increased scrutiny of the association’s actions.

The core of Maietta’s challenge is the association’s compliance with Florida Statute 720.405, which dictates the process for reviving declarations of covenants and governing documents of homeowner’s associations.

Maietta questions whether the association properly secured the required majority consent from parcel owners through a transparent and certified voting process. Her inquiry sheds light on potential procedural lapses, sparking wider community interest and involvement.

Maietta’s efforts have opened up a broader dialogue among residents about the governance of their community. Her challenge to the association’s authority during the alleged lapse of the CCRs and By-Laws from 2010 to 2020 under the Marketable Record Title Act (MRTA) questions the legality of the association’s actions during this period.

Public records support Maietta’s concerns, revealing a pattern of the association filing multiple liens against homeowners for unpaid dues, often $80, but accumulating steep attorneys’ fees in some cases.

From 2010 to 2018, 21 liens were filed with the County, with an increase to 26 liens from 2020 to 2023. These practices, now under scrutiny, highlight the need for transparency and ethical conduct in homeowner associations.

The situation gained urgency with the impending foreclosure of a family’s home over a small unpaid assessment, exemplifying the severe impact of the association’s practices. This case, alongside Maietta’s legal struggle against a lien and judgment for a similar reason, is drawing increasing community attention and empathy.

As this controversy gains momentum, it not only affects the residents of Windover Farms but also highlights crucial issues relevant to community associations throughout Florida.

The case underscores the importance of adherence to legal procedures, transparency, and ethical governance in homeowners associations.

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Author: titusvillemedia

Raised on the Space Coast, I want to keep North Brevard informed of what's happening. Send Tips / Story Ideas to TitusvilleMedia@gmail.com


18 responses to “Titusville Residents Question Windover Farms HOA’s Legal and Ethical Conduct”

  1. You buy a home in a HOA, given at closing the HOA rules and requirements, Then complain about them and refuse to abide by those HOA rules. The boards are elected by the HOA communities. Are HOA’s perfect, by no means but they generally are meant to keep the individuals property values kept up and not have it degraded by a bad neighbor.

    1. Agree. “read the fine print”. Also, residents don’t understand the State law requiring Board members to enforce the covenants. They may have some latitude with paint colors, etc., but restricted specific rules must be enforced. On the flip side, a resident that see’s noncompliance can by the lack of Board action can legally sue the HOA and cost their community thousands of dollars in legal fees.

      1. Deirdre Maietta Avatar
        Deirdre Maietta

        But the covenants were abandoned in 2010 when they failed to renew. Yet they continued to act as an association mandating dues and filing liens without any legal authority. There was no association in place after 2010.

    2. You miss the point. This board was NOT elected by the homeowners as per the CCRs!! Secondly they have been jumping to court appearances and attempting judgements against individuals with no interim process. Thirdly they have raised dues illegally…..no quorum of the peoples approval. We could go on and on regarding more violations of conduct…..

      1. Deirdre Maietta Avatar
        Deirdre Maietta

        Exactly!

        1. You are just stirring the pot because you are a loser. Get over yourself you ugly old lady.

      2. Does Deirdre Maietta have sex with her horses?
        Inquiring minds want to know.
        Do you video tape the sexual encounters?

  2. Thanks for spotlighting this issue. HOA’s should be responsive to their residents’ needs and not a punishing entity.

    1. Responsive to their needs should never mean failure to protect their property value against neighbors who refuse to comply with their agreememts.

      1. Deirdre Maietta Avatar
        Deirdre Maietta

        But don’t you think this public attention is affecting values? The Association had the choice to do the right thing and stop this, but they dug their heels in. So I started down the rabbit hole of what appears to be some questionable practices on their part. Not only am I questioning the revitalization effort, but they mandated dues even after they failed to renew the covenants based on the MRTA. Dues for 8 years! The governing documents were not active or enforceable, there was no association by law. When they came after me I was unemployed, I am a single mom. My lender put me on a forbearance until I regained employment, then modified my loan at the same interest rate. There was never ONE conversation about foreclosure and I owed them a lot more than $86.

  3. This Board of Directors chose to take a new homeowner who was seven months late on annual dues to court. The amount of owed dues came to $86 but the judgement came to over $4,300 due to lawyer fees that go right to the attorney the Board of Directors hired to do this. A lien filed on the property would have ensured the dues were paid. That lien nets the lawyer less than $200. Foreclosing on a home for less than $90 of late dues is obscene and morally WRONG. This is a young couple with six kids who were going to lose their home two weeks before Christmas over late payment of $86.

    1. Well stated, Randy!

  4. Deirdre Maietta Avatar
    Deirdre Maietta

    There is more to this story, and for you to make judgements about the “blessing” of an HOA, it’s important to know all the facts. Besides this family that was helped today, they also were awarded a judgment against me for $4332, over a late due of $86. I was an unemployed single mom and contacted them for a payment plan which they refused. They are going after vulnerable victims and trying to destroy their lives, no compassion, empathy or humanity. When it was announce this morning that enough money had been raised to save the home of the family with 6 children there was a board member there. When I tell you she had a complete blank stare of disappointment I am not exaggerating. She didn’t break a smile, wasn’t the least bit excited for the family… clear disappointment that the community showed up to help this family. I am not saying there aren’t great HOAs, this just isn’t one of them.

    1. This is the time for homeowners to replace such humans from their board. Community together is only way to change anything.

    2. Well said Deirdre!!!

    3. Is Deirdre just stirring the pot because she is a boring, lonely old lady?

  5. I DON’T BELIEVE IN HOAS, I JUST THINK THAT THEY SHOULDN’T HAVE ANY RIGHT TO TELL A HOME OWNER HOW TO KEEP AND TAKE CARE OF THEIR HOME!!!

  6. Sally, before buying, read the docs. If you don’t like what you read, it is your choice not to buy. Owners should make sure that their docs are followed throughout assessment of dues and ensure penalties, interest and legal fees can actually be included in the lien process and notices are issued at the prescribed legal requirements before a lien is even filed/sent certified to owner. It seems the issue with many HOAs is that owners are left entirely in the dark until it is too late. Taking association to court is a remedy, although costly. If owner prevails, sue for legal fees.

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