Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. Twelve year later, the HOA has informed me that they will no longer maintain the strip of land.”
Without seeing the agreement, it’s impossible to give you an opinion on whether or not you can enforce it. You need to have a local attorney review it. Also, probably the HOA documents, since it is fairly common for HOAs to be restricted in their ability to sign long-term agreements.
