Month: December 2019

COMPLAINT
…
General Allegations

GENERAL INFORMATION (Complaint #1 – #10)
1. The association…
2. The Association and the Subdivision…
3. Defendant Owners… property information…
4. Venue…
5. At all times material hereto,…
6. Defendant Tenant…
7. The administration and management of the Association and Association’s property…
8. The Declaration and Chapter 720, Fla. Stat…
9. Article VII, Section 16…
10. Article IX of the Declaration states…

PROBLEMS & DEMAND MONEY (Complaint #11 – #23)
11. “…failed to comply therewith by failing to maintain their lawn and landscaping.”
12. “…with a Statutory Offer to Participate in Presuit Mediation…”
13. “Due to Defendant Owners’ failure or refusal to timely respond to the March 31, 2010 Offer, Defendant Owners are deemed to have failed or refused to participate in the mediation process, which operates as an impasse by Defendant Owners.”
14. As a result of Defendant Owners’ impasse in the mediation process, pursuant to Section 720.311, Plaintiff Association has standing to file this action against Defendant Owners and to seek recovery of the fees and costs incurred.
15. “…to clean up their front lawn and sod all bare areas…”
16. “…to submit architectural application for their landscaping beds that were installed without approval…”
17. “…to sod all bare areas and clean up their front lawn…”
18. “…with a final demand letter for reimbursement of fees…”
19. “…with a violation notice letter to notify Defendant Owners to submit an Architectural Review Board application for their landscape beds that they did not apply for prior approval for…”
20. “…with a payment plan…”
21. “…with a violation notice to notify Defendant Owners of their violation of failure to pay attorney’s fees and costs…”
22. “…with a notice of delinquency and demand for payment of fees…”
23. “…cured the violation by maintaining their lawn and landscaping, however, they failed to pay attorneys’ fees and costs pursuant to the Declaration…”

24. “At all times material hereto, Defendant Owners have failed to comply with the provisions of the Declaration, Rules and Regulations, and/or Florida law.”
25. “All conditions precedent to bringing this action have been waived, excused, or performed.”

COUNT 1
(Money Damage)

26. “…to recover unpaid attorneys’ fees and costs incurred by Plaintiff Association…”
27. “…Plaintiff Association readopts and re-alleges the allegation…”
28. “…Section 720.305, Fla. State…”
29. “…Section 720.311(2)(a), Fla. Stat…”
30. “…Plaintiff Association…”

Here is a full version of Complaint.

It’s kind a late to let all you know that we received another hearing notice from Chickasaw Trails HOA’s attorney, Ryan Fong, that the hearing will take place at Orange County Courthouse, Room 370, 425 N. Orange Avenue, Orlando, Florida 32802 on December 17, 2019, 10:30 a.m. Here is a copy of one of letters he sent us.

We’ll update the result as soon as possible. If you would like to know details, we’ll tell all whatever happen at the hearing. We promise there no such close door deals or private. No matter what, we’ll fight back to win win win; there’s never ever such a loosing from our family… We’ll make whoever has been involving in our case has to responsible for our damages and attorney’s fees (ours and the association).

The following is a transcribe of that letter (above letter).

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In the County Court in and for Orange County Florida
Case No.: 2019-CC-0…..

Chickasaw Trails Homeowners Association, Inc. a Florida not-for-profit corporation, Plaintiff,
vs.
——– Pham and All Unknown Tenants/Owners, Defendant(s)

NOTICE OF HEARING

YOU WILL PLEASE TAKE NOTICE that the undersigned, counsel for the Plaintiff in the above styled cause, will call up for Hearing before the above styled Court the following matter:

DATE: December 17, 2019
TIME: 10:30 a.m. (15 minutes)
PLACE: Orange County Courthouse, Room 370
425 N. Orange Avenue
Orlando, Florida 32802
MATTER: Plaintiff’s Motion for Summary Final Judgment
FILED: October 23, 2019

Please arrive 15 minutes before the start of the scheduled Hearing time to view the calendar posted outside the courtroom. The courtroom in which your Hearing will be held will be posted on the calendar.

If you are a person with a disability who needs accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Court Administration at 425 North Orange Avenue, Suite 2130, Orlando, FL 32801, telephone (407) 836-2303, within two (2) working days of your receipt of this described notice. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
Certificate of Service

I HEREBY CERTIFY that copy of the foregoing has been furnished by United States Mail, this 1st day of November 2019, to the address on the attached Service List.

DHN ATTORNEYS, P.A.
3203 Lawton Road, Suite 125
Orlando, FL 32803
Office: (407) 269-5346
Fax: (407) 650-2765
Attorney for Association

By: /s/ Ryan C. Fong
Ryan C. Fong, Esquire
Florida Bar No. 0113279
Ryan@dhnattorneys.com

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