Date Published: June 25, 2025
Tags: Florida HOA Law, HOA Retaliation, Selective Enforcement, HB 1203, The Fields Community
đ 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 âthe sheriffâs office,â 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 hereâs the timeline:
- 8:05 AM â Board member Peter was observed taking photos of the detached gate arm, which was sitting clearly visible near Pod E.
- 1:15 PM â 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 â A sheriffâs deputy arrived at the homeownerâs residence.
- 1:58 PM â 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:
- The item was never âmissing.â
- Law enforcement was misinformed, or worse, used improperly.
- The email and voicemail were part of a coordinated effort to intimidate a resident.
đ¨ Document Spotlight: The HOAâs Email to All Residents
The HOAâs official communication sent to homeowners on June 13, 2025, reads:
Subject: Missing Exit Barrier Arm at Pod E
âThe 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.â
đ Whatâs Wrong With This Email?
- Publicly Implies Guilt â Despite not naming names, the narrative clearly assigns blame and suggests criminal intent.
- No Due Process â The HOA states costs will be charged to the homeowner, with no mention of a hearing, notice, or right to respond.
- False Urgency â 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 â Sent just 39 minutes before a deputy visit and voicemail threatâthis looks coordinated.
âď¸ What the Law Says: Due Process, Not Threats
â Legal Citations That Matter
Law | What It Requires | How It Was Violated |
---|---|---|
§720.305(2) | 14-day notice + hearing before fining homeowners | No notice or hearing was provided |
§720.303(1) | Board members must act in the communityâs best interest | Retaliation or personal targeting violates fiduciary duty |
§720.303(5) | Residents may request records and evidence | No photo, video, or official documentation provided |
§843.08 | Falsely impersonating law enforcement is a felony | If the voicemail wasnât from PBSO, this is a serious legal breach |
đĄď¸ Floridaâs New HOA Law (HB 1203): Designed to Prevent This Exact Situation
Floridaâs HB 1203 (effective July 1, 2024) was introduced because of HOA abuses just like this one. Here’s how it applies:
đ§ą Rule | đ¨ Why It Matters |
---|---|
No fines or liens under $1,000 | Prevents small issuesâlike a gate armâfrom becoming legal threats |
Requires 14-day notice + hearing | No due process was offered to the accused homeowner |
Bans selective enforcement | Appears targeted at a specific individual who had spoken out |
Limits HOA power over CAMs/board terms | Reduces ability for entrenched retaliation |
Mandates digital record transparency | Video evidence and internal messages must be accessible |
đ¨ 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 managementâit could be legally actionable retaliation.
â ď¸ 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 unethicalâit may violate state and federal law.
đ 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.
đ§ What Residents Should Do
â Action Steps for Homeowners
- Request HOA Records â Including video footage, emails, gate access logs, and security reports.
- Demand Accountability â File formal complaints with the Florida DBPR or consult an HOA attorney.
- Document Everything â Save emails, voicemails, and screenshots.
- Insist on Policy Changes â Push for a written, transparent enforcement policy aligned with Florida law.
- Organize â Retaliation thrives in silence. Speak up, and support your neighbors.
đŁď¸ Final Thoughts
This is not just a story about a gate arm. Itâs about power, transparency, and whether the leadership at The Fields operates with fairnessâor fear. The timeline, the voicemail, and the HOAâs own words point toward a troubling abuse of authority. Fortunately, Florida law is on your sideâbut only if residents demand it be enforced.
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