Legal Question in Civil Litigation in Florida
Illegal confiscation of personal property
Ilive in a deed restricted community with protective covenants.I was in violation of the covenant by having magnetic advertising signs on two vehicles parked in my driveway. I was wrong, I'll admit to that point.However, there are numerous covenant violations thru-out the neighborhood. I refused to remove the signs as I felt that I was being singled out.The covenant also spells out a procedure for correcting violations, which was not followed by the governing association. I received a letter stating the violation and two days later my signs were missing, again in violation of the corrective procedures. The association denys any knowledge of my missing property and I have no substantial proof they confiscated my signs. I have filed in small claims court, but have been told (by outsiders) that if I have no proof, I will not stand a chance in court. Your opinion please. Thank You.
1 Answer from Attorneys
Re: Illegal confiscation of personal property
Without any proof you will most likely lose. It is the Plaintiff's obligation to prove his/her case.
Scott R. Jay, Esq., 305-249-8000