From time to time, it is interesting to learn about what other communities are facing and how their controversies have worked out. We have selected a few of those cases where our clients obtained the relief they were seeking and have described those cases below.

Owners Ordered to Maintain Property

The owners of a home in our client's community of beautifully manicured homes let their property deteriorate to the point where their neighbors regularly complained to the Board. When the case began, they had a huge stump left from when Hurricane Wilma knocked the tree down, missing roof tiles, no evidence of a lawn or working irrigation system, half-installed windows and debris scattered around the yard. By time the case came to trial, the owners had repaired all of the deficiencies except the lawn and landscaping still looked like an abandoned field.

The Association's governing documents required that the lots be kept free of weeds and other debris and also required that the owners maintain their lots in a neat, aesthetically pleasing, first class condition. The community has a variety of homes with various levels of landscaping from very basic layouts with a few trees and well kept lawns to incredibly lush installations. The court expressed concern about the lack of objective standards, yet ultimately found that the defendants' property was clearly below the most basic standard. The court ordered that they remove the dead landscape material, remove the weeds, sod where needed and install a working irrigation system. The court ordered that the work be complete within 60 days and reserved jurisdiction to award attorney fees and costs.

Court Confirms Arbitration Award

The owners in our client's no-pet condominium community ignored repeated demands to remove their dog from their unit. The Association finally filed an action with the Florida Division of Land Sales and Condominiums and obtained an arbitrator's order compelling the owners to remove the dog. The Division also entered an order awarding the Association recovery of its attorney fees and costs.

Months later, the same residents began keeping a window van on the condominium property filled with mountains of junk. They also left food outside their unit in bowls that attracted flocks of aggressive ducks that soiled the sidewalks of the condominium. The condominium rules prohibited using vehicles parked on the property as storage units. The owner insisted that he regularly used everything in the van despite its Sanford & Son appearance and denied luring the wildlife to the condo building. After a lengthy, live evidentiary hearing, the State's arbitrator ordered that the vehicle be removed and ordered that the residents stop leaving food outside their unit. Again, the State awarded the condominium recovery of all of its attorney fees and costs. The State's arbitrator ruled that the attorney fees charged were more than reasonable in light of the issues, experience of counsel and result obtained.

After the owners refused to pay the amounts ordered by the State's arbitrators, the Association filed suit in Palm Beach County Court and obtained a judgment for all of the money awarded by the arbitrator in addition to all of the attorney fees incurred in the Association's effort to obtain the judgment. The judgment will become a lien on the owners' non-exempt property and efforts to compel payment will follow.

Lot Owner's Document Suit Dismissed

A lot owner who had regularly submitted lengthy demands to inspect our client's official records to the association's management claimed he was not provided with the records he requested within ten days and filed a law suit seeking to recover $500.00 from his association (the maximum amount the law allows without proving actual damages). Florida law requires that lot owners and associations participate in mediation before suit is filed and this owner skipped that step and went straight to the courthouse. The court did not hesitate in granting the Association's motion dismiss the owner's lawsuit because the lot owner failed to participate in the mediation process. The Association is seeking recovery of its attorney fees.

Village Association Compelled to Comply with Settlement Agreement

In 1993 (you read right), a village association in a community where our client is a master association settled a law suit with the master association with a written agreement that required the village association to maintain a portion of property consisting of dozens of mature trees along a major roadway in the community. Despite numerous demands, the village association refused to comply and left the property in a poorly maintained condition. The trees were trimmed improperly and were left untreated when they became diseased. After a full trial, the court ordered the village association to comply. The village association filed an appeal even though they had already complied with the court's order. The appeal was dismissed by the court. The court awarded our client recovery of its attorney fees. The village appealed again. The appellate court ruled that the trial court was correct and ordered that the village association pay the master association its attorney fees and costs that were incurred in the appeal. Finally, after all the appeals were done, the court entered an order awarding the master association all of the attorney fees it incurred. Is it over? Time will tell.

For those of you who use Backer Law Firm, P.A. as your registered agent, please be sure that our current address (400 S. Dixie Highway, Ste 420) is indicated on your Annual Report before it is filed with the Secretary of State. A failure to make this change can have serious consequences if the Association is ever sued.