Legal Question in Real Estate Law in Florida

Homeowner Association Civil Lawsuits

Our documents were written for Condos, but is homeowners association with private land ownership. Documents adjusted with section on ''Yard Restrictions''. For 15 years association relied on this and no one applied for yard items. Board demanded we did apply for garden fountain and declined it. Their attorney used term condo to judge and only entered Article on ''Architectural Committee'' approval of ''material additions to property'' ignoring yard restrictions. Our attorney allowed impression of condo and never introduced offsetting Article. He also relied completely on Estoppels and Waiver. He did allow me to introduce ''my differing view'' of the law and the judge was interested enough that he asked him for copy of yard restrictions, which he never got. I'm led to believe there is a way to ask the judge for a reconsideration of his verdict. Is this possible and can the missing evidence be submitted with it? We are headed for a hearing to settle fees 8/27/2004. Also, what is the general feeling about an attorney telling an association not to pay any fees until case complete. This caused no chance of discussion or settlement on the way through.


Asked on 8/17/04, 7:57 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Homeowner Association Civil Lawsuits

Because you are currently represented by counsel, you will need to ask your attorney. If you are uncomfortable with your attorney, then visit and seek the advice of local counsel.

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Answered on 8/18/04, 6:06 am


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