An Extract of COMPLAINT 4/12/2019

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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.

2 thoughts on “An Extract of COMPLAINT 4/12/2019

  • June 14, 2020 at 7:13 pm
    Permalink

    Hey folk, do you know?

    They hold your closing when you sell your house if your house has a violation even though it’s a small violation. They don’t let you run away without collect something $ from you.

    John

  • June 16, 2020 at 4:24 am
    Permalink

    stupid mother fucker HOA

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