Article Courtesy of Boca
News Now
Published May 16, 2023
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BOCA RATON — In another example reaffirming that complying with a homeowner
association’s rules is not optional in Florida, the Fieldbrook Estates property
owner’s association is suing a homeowner over the removal of a fence, the
repainting of a home in a color not approved by the HOA, and other cosmetic
issues. The fence removal, according to a court filing, was not approved.
In documents reviewed by BocaNewsNow.com, Umit Yigit, owner of 17669 Fieldbrook
Circle North in Boca Raton, removed a fence that is used to block a swimming
pool. Permission was never approved to remove the fence, and the HOA — which is
actually a “property owner’s association,” — claims that its removal creates an
extreme safety hazard. The filing also states that the removal violates Palm
Beach County code which requires that all swimming pools be fenced.
The filing also alleges that Yigit and his tenant Michael Trussel made several
unapproved cosmetic changes to the property. The POA seeks a judgement requiring
the erection of an emergency fence, the restoration of the property’s original
look.
“The entry of a Judgment declaring that YIGIT’s and TRUSSELL’s installation of
the unapproved perimeter fence on the Lot, the removal of the original fence
enclosure around the swimming pool on the Lot, and changing the color of the
house on the Lot without Architectural Committee approval is a violation of the
Declaration, specifically, Sections V (1)(a) and (2) and Section VI, Section (3)
and Section VII(3).
If YIGIT and TRUSSELL fail to do so the ASSOCIATION may do so at VIGIT’s expense
by entering onto YIGIT’s Lot and summarily removing the unapproved fence, and
reinstalling the original swimming pool enclosure and restoring the color of the
house on the Lot to its original color, pursuant to Sections IV (8), (13) and
(14) and XI(1) of the Declaration, that the cost and expenses of removal of the
unapproved fence, reinstallation of the original swimming pool fence and
restoring the house on the Lot to the original color can be assessed against
YIGIT in the same manner as a maintenance assessments and lien, and thereafter
it can be foreclosed, and that a judgment for damages be entered against YIGIT
for such expenses.”
Read the complete lawsuit here:
COMPLAINT
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