MIRAMAR GARDENS TOWNHOUSE HOMEOWNERS ASSOCIATION, INC.

a Florida non-profit corporation, Plaintiff,  vs.

ORLANDO LUIS LEIVA, TAIMIRA LEIVA, MIAMI-DADE COUNTY and JOHN DOE,

as Tenant in possession, Defendants.

An Opinion by Jan Bergemann

Published February 5, 2006

Ever since 2001, this case has been pending -- an emotional battle for a family's home and the neighborhood!  And it's a sad story, considering that homeowners are supposed to pay for services that have not been delivered.

You can read the story of the community on the website headlined "A Horror Story Of A Homeowners' Association" at: http://pleashelpus.tz4.com/ 

Or read: "Hit 'Em Where They Live" at: http://www.ccfj.net/HOAFLTai.html

Involved in the whole deal is a person that already made lots of -- negative -- headlines in the Miami newspapers:
Thug Meets Pug at: http://www.ccfj.net/condothug.html

Official suspended by Gov. Bush at: http://www.ccfj.net/condothugsusp.html

The judge's ruling plainly speaks for itself (quote):

"Finally, it is clear that the Association is merely a sham which does not exercise any authority and acts solely at the behest of the management company.  Accordingly, Plaintiff has unclean hands in this lawsuit."

"Mr. Dugger testified that the Board Members do not actually do any work, but rather, all duties are delegated to the management company.  Indeed, the Board's own President has no idea who her Board Members are or what procedures are being followed." 

That kind of language in the judge's ruling caused the plaintiff to file a motion for REHEARING AND/OR RECONSIDERATION . Understandably so! Who likes to be told that things were not done according to the law -- especially if there is a lot of money at stake?

But nevertheless the plaintiff -- scolded by the judge in the final ruling -- felt that it is the "prevailing party" and is asking for award of ATTORNEY'S FEES AND COSTS TO PLAINTIFF

By far, this case is not yet over!  But it shows beyond any doubt that there is a total lack of enforcement of this profession.  For many years the defendant, Taimira Perez Leiva, has asked every government agency for help -- without success! 

This was a very emotional fight; low-income homeowners were fighting to keep their homes!  Homeowners asking for HELP!

But these abused homeowners had to help themselves -- in a court of law -- unable to finance an attorney to help them!

THIS IS THE RESULT SO FAR:

FINAL JUDGMENT