Legal Question in Real Estate Law in Florida

I reside in a deed restricted home owners association,
During Hurricane Wilma one of the 239 ,200 homes being non lake 39 being on the lake (assessments vary lake vs non lake owners) in our Covenents their lake is considered a limited access parcel and according to the Covenents lake owners are responsible for the lake and is maintence to the lake for the 39 homes period no one else has access .Status post Hurricane Wilma a tree fell from a lake owners property into the lake the owners tried to get the Association Insurance to pay but they stated no.The son has tried to cut the tree without success and what he did cut he dumped into the lake, now the Association wants to assess all homeowners approx. $500-$1000 for this one owners tree to be removed. So my question is as follows because the Lake is limited access why do all 239 homes pay for this tree and why not just the lake owners or why not the owners, as airals done by the city in 2002-2006 at the city office clearly show the tree on her property, the Association has a substandard Attorney and refuses to get a legal second opinion I know that this special assessment must come before the majority of the homeowners but I thought there was a Fla. Statue that solves this problem. I am on the Board and am bring a peaceful resoulution

Asked on 8/17/07, 1:51 pm

David Slater David P. Slater, Esq.

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Re: I reside in a deed restricted home owners association,

Without reading the documents no one can answer properly.

Answered on 8/17/07, 2:09 pm

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