A Legal Deep Dive Into Board Overreach, Broken Laws, and the Risk to Homeowners
By Your Neighbor | June 2025
⚠️ INTRODUCTION: Your Rights Are Under Attack
In June 2025, the Board of Directors at The Fields—led by President Shawn Potsander—introduced a sweeping new set of rules for residents. These “Rules & Regulations” were presented as a routine update. They are not.
After a detailed legal review, including expert analysis and statutory comparisons, it’s clear: many of these new rules are illegal, unenforceable, and possibly retaliatory. If left unchallenged, they could open the door to financial penalties, selective enforcement, property liens, and loss of homeowner rights—for everyone in our community.
This isn’t just bad policy. It’s potentially unlawful governance.
🔍 SYSTEMIC LEGAL FAILURES IN THE NEW RULES
A full legal audit uncovered four core flaws that affect the legitimacy of nearly the entire document:
1. đź“ś Direct Conflict with Florida Law
The rules ban vegetable gardens, clotheslines, and personal pickup trucks in driveways—all of which are now protected by Florida statutes. These provisions were invalidated by 2024 legislative reforms (HB 1203), yet were knowingly included anyway.
2. ⚖️ Due Process Violations
Several “administrative fees” function as illegal fines. They bypass state-required hearings and violate homeowner rights under Florida Statute 720.305. The board appears to be intentionally avoiding due process.
3. ⚠️ Subjective Power Grab
Language like “professional decorum,” “in the sole judgment of,” and “inharmonious” gives the board and architectural reviewers broad, unchecked power to enforce rules however they want—potentially targeting critics.
4. 🏛️ Violations of Federal Law
Restrictions on antennas and flags directly contradict federal protections under the FCC’s OTARD Rule and the Freedom to Display the American Flag Act of 2005. These provisions are federally preempted and unenforceable.
🔥 FIVE RULES THAT PUT YOU AT RISK
🔴 J. Rule 24 – The $250 Gate Fee: Illegal, Unjust, and Dangerous
“A $250.00 administrative fee will be charged for any contact with a gate arm, even if no damage occurs.”
This is a textbook illegal penalty disguised as a fee:
- Not a real fee: It’s not tied to any cost. It’s punishment—plain and simple.
- Not valid damages: Florida law only allows fixed “liquidated damages” when the amount reflects a reasonable estimate of actual loss. This does not.
- Violates due process: No hearing. No appeal. No fairness. It breaks §720.305.
- Illegal lien threat: Florida law prohibits liens for fines under $1,000. This fee pretends to bypass that.
🚨 Bottom line: This rule alone could lead to illegally imposed charges, wrongful liens, and property disputes.
🔴 Rule 23 – Triple Application Fee
Charges homeowners 3x the usual fee for doing exterior work without pre-approval—even if no rule was knowingly broken. This is legally a fine and violates required due process. It’s a trap for unsuspecting residents and could result in wrongful charges.
🔴 Rule 10 – Vegetable Garden Ban
Bans any fruit or vegetable plants, even potted ones.
đźš« This violates Florida Statute 720.3045, which explicitly protects your right to grow food on your property. The rule is void.
🔴 Rule 8 – Truck Parking Ban
Forbids personal pickup trucks in driveways—even those used for daily commuting.
đźš« This rule was rendered illegal by Florida law as of July 1, 2024. HOAs can no longer ban personal vehicles from driveways.
🔴 Rule 4 – “Professional Decorum” Requirement
Prohibits “demoralizing conduct,” “inappropriate behavior,” and requires “professional decorum” with board members and staff.
🟥 These terms are vague, unmeasurable, and legally unenforceable. They open the door to subjective enforcement, targeting anyone the board doesn’t like—especially vocal homeowners.
đź’ˇ WHAT THE BOARD WAS REALLY DOING (In Our Opinion)
After reviewing the content and the structure of these rules, one thing becomes clear:
This was not about improving the community—it was about consolidating power and silencing dissent.
Many of these rules do not address genuine safety issues or resident complaints. Instead, they appear to:
- Retaliate against vocal homeowners by restricting their behavior and activities
- Impose punishments outside the legal process
- Grant the board unilateral authority to interpret and enforce vague standards
- Control community spaces and interactions to limit transparency and engagement
This isn’t an oversight. It’s strategy. It reflects a board that knows the law—and is trying to find ways around it.
đź’Ł THE REAL COST TO YOU
If these rules are enforced, homeowners could face:
- Illegal fines disguised as fees
- Threats of liens for minor or fake violations
- Loss of basic rights like growing food or parking your own vehicle
- Retaliation for speaking out or asking questions
- Discrimination based on selective enforcement
And if the HOA is sued for violating Florida or federal law?
The legal costs come out of your dues.
âś… WHAT YOU CAN DO
- Demand repeal of the illegal rules—especially Rules 4, 8, 10, 23, and 24.
- Call for a vote to halt enforcement of the document until a legal review is completed.
- Ask for board accountability: Who wrote this? Why wasn’t legal counsel consulted on state law changes?
- Share this article with neighbors. Knowledge is your best defense.
🧾 Final Words
These rules don’t protect the community—they protect power.
They don’t reflect resident values—they reflect the personal preferences of a board acting without transparency, legal compliance, or community input.
If we allow this, we set a precedent that our rights can be quietly taken away.
We deserve better. We deserve lawful, fair, and reasonable governance.
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