A Florida HOA, in direct response to a HUD discrimination complaint, just amended their declaration with an Article stating that any home owner who raises any issue or complains with anyone that results in HOA having to use their lawyer, will have to pay for the HOA lawyer's time. So not just if you lose a lawsuit; they claim they will charge you for ANYTHING that causes them to use their lawyer against you, right away . . . is this legal, any reactions??

Here is new wording . . . "In the event that the Community Association in its sole discretion retain an attorney to prepare and/or respond to any letter, pleading, correspondence, contact, and/or issue raised by, about or between Members directed to the Community Association, its Board or Director, or related to the Community Association, and the common area, any reasonable costs and attorneys fees associated therewith inducing any pre-suit costs and fees through and inducing all trial and appellate levels and postjudgment proceedings shall be the responsibility of the individual member. The costs and attorneys fees so incurred shall be deemed to be a Special Assessment against the Residential Unit, and shall be collectible in the same fashion as an other assessment as provided in Article 7."

This paragraph would appear to violate at least "Unless otherwise agreed by the parties, section 720.311(2)(b), Florida Statutes, requires that the parties share the costs of presuit mediation equally, including the fee charged by the mediator. " Anything else it violates?

Is there any low cost way of calling the HOA out on this without major litigation, for years, where they will charge you every month for THEIR time?