The Fields Community

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🚨 Abuse of Power? How a Gate-Arm Incident Exposed Deeper Issues at The Fields HOA

Date Published: June 25, 2025
Tags: Florida HOA Law, HOA Retaliation, Selective Enforcement, HB 1203, The Fields Community


📞 The Incident: Voicemail Threats Over a Gate Arm

On June 13, a homeowner in The Fields received a voicemail from a private number, allegedly from “the sheriff’s office,” accusing them of stealing a barrier arm and warning a warrant would be issued unless it was returned. The message claimed video evidence existed and that the HOA was moving forward with enforcement.

But here’s the timeline:

  • 8:05 AM – Board member Peter was observed taking photos of the detached gate arm, which was sitting clearly visible near Pod E.
  • 1:15 PM – The HOA sent a community-wide email (included below) that described the event as theft and warned that replacement costs would be charged.
  • 1:54 PM – A sheriff’s deputy arrived at the homeowner’s residence.
  • 1:58 PM – The threatening voicemail was received, after the deputy had already seen the gate arm where Peter had seen it hours earlier.

This sequence strongly suggests:

  1. The item was never “missing.”
  2. Law enforcement was misinformed, or worse, used improperly.
  3. The email and voicemail were part of a coordinated effort to intimidate a resident.

📨 Document Spotlight: The HOA’s Email to All Residents

The HOA’s official communication sent to homeowners on June 13, 2025, reads:

Subject: Missing Exit Barrier Arm at Pod E

“The HOA is aware of the missing exit barrier arm at Pod E. After a homeowner struck the barrier, causing it to become disconnected, the individual returned back to the gates and removed the entire arm from the gate area and apparently took possession of it, for reasons currently unknown. Management is actively working with the appropriate authorities to retrieve the barrier arm. Should it not be returned, the HOA will move forward with purchasing a replacement, and all associated costs will be charged to the responsible homeowner. We appreciate your patience and understanding as we work through this unfortunate situation.”

🔍 What’s Wrong With This Email?

  • Publicly Implies Guilt – Despite not naming names, the narrative clearly assigns blame and suggests criminal intent.
  • No Due Process – The HOA states costs will be charged to the homeowner, with no mention of a hearing, notice, or right to respond.
  • False Urgency – The arm had already been found by 8:05 AM; yet the email speaks of “retrieval” and authorities being involved, misleading the community.
  • Weaponized Communication – Sent just 39 minutes before a deputy visit and voicemail threat—this looks coordinated.

⚖️ What the Law Says: Due Process, Not Threats

✅ Legal Citations That Matter

LawWhat It RequiresHow It Was Violated
§720.305(2)14-day notice + hearing before fining homeownersNo notice or hearing was provided
§720.303(1)Board members must act in the community’s best interestRetaliation or personal targeting violates fiduciary duty
§720.303(5)Residents may request records and evidenceNo photo, video, or official documentation provided
§843.08Falsely impersonating law enforcement is a felonyIf the voicemail wasn’t from PBSO, this is a serious legal breach

🛡️ Florida’s New HOA Law (HB 1203): Designed to Prevent This Exact Situation

Florida’s HB 1203 (effective July 1, 2024) was introduced because of HOA abuses just like this one. Here’s how it applies:

🧱 Rule🚨 Why It Matters
No fines or liens under $1,000Prevents small issues—like a gate arm—from becoming legal threats
Requires 14-day notice + hearingNo due process was offered to the accused homeowner
Bans selective enforcementAppears targeted at a specific individual who had spoken out
Limits HOA power over CAMs/board termsReduces ability for entrenched retaliation
Mandates digital record transparencyVideo evidence and internal messages must be accessible

🔗 Read the full text of HB 1203


🚨 Allegations of Retaliation: A Pattern Under President Shawn Potsander?

Residents have shared growing concerns that President Shawn Potsander has used board authority to target those who question his leadership. If true, this goes far beyond poor management—it could be legally actionable retaliation.

⚠️ Legal Red Flags

  • Selective Enforcement
    If HOA rules are only applied to specific residents, those rules become invalid.
  • Conflict of Interest
    Under §720.303(1), if Shawn or any board member used their position for personal revenge, it is a breach of fiduciary duty.
  • Retaliation for Protected Speech
    Homeowners have the right to voice concerns, attend meetings, and post online. Retaliating against them is not just unethical—it may violate state and federal law.

📌 If documentation or witness statements show board actions were inconsistent or retaliatory, residents may have legal grounds to challenge fines, rule changes, or even board elections.


🧭 What Residents Should Do

✅ Action Steps for Homeowners

  1. Request HOA Records – Including video footage, emails, gate access logs, and security reports.
  2. Demand Accountability – File formal complaints with the Florida DBPR or consult an HOA attorney.
  3. Document Everything – Save emails, voicemails, and screenshots.
  4. Insist on Policy Changes – Push for a written, transparent enforcement policy aligned with Florida law.
  5. Organize – Retaliation thrives in silence. Speak up, and support your neighbors.

🗣️ Final Thoughts

This is not just a story about a gate arm. It’s about power, transparency, and whether the leadership at The Fields operates with fairness—or fear. The timeline, the voicemail, and the HOA’s own words point toward a troubling abuse of authority. Fortunately, Florida law is on your side—but only if residents demand it be enforced.


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