LAWSUIT
PICK-UP TRUCK PARKING IN ASSOCIATION?

BERKLEY WOODS OWNERS ASSN., INC., 

Plaintiff,  -vs-

WALTER MORISSEY and JOANNE MORISSEY, 

Defendants,

 

 

 

An Opinion

By Jan Bergemann

Published 6 - 30 - 2004

 

It seems that some boards and attorneys are seriously disturbed by the word "TRUCK." Courts have realized already that the phrase "PICK-UP TRUCK" doesn't necessarily mean that they are dealing with a truck in the true meaning of the word. But it still seems that there are boards and attorneys who feel they can test the courts again, in my opinion wasting more good homeowners' money without checking Florida court cases that already dealt with that issue.

See: CONDO BAN ON TRUCKS QUASHED

In this case, the "guilty party" is a totally perfect -- as good as new -- nice-looking vehicle, that many people would be proud to own.

DOES THIS LOOK LIKE A VIOLATION OF DEED-RESTRICTIONS

THAT WOULD LOWER PROPERTY VALUES?

 

In my opinion, just another frivolous court case that will eat up lots of money that should be used for the maintenance of the community instead of pitting homeowner against homeowner. My prediction: When the dust settles, the only winners will be the attorneys.

Can't we just get back to using COMMON SENSE?

 

                         IN THE COUNTY COURT FOR PASCO COUNTY, FLORIDA

Case No. 51-2004-CC 1480-WS-U

BERKLEY WOODS OWNERS

ASSN., INC.

Plaintiff,

-vs-

WALTER MORISSEY and

JOANNE MORISSEY,

Defendants,

 

 

COMPLAINT

 

COMES NOW Plaintiff, BERKLEY WOODS OWNERS ASSN., INC., and sues Defendants, WALTER MORISSEY and JOANNE MORISSEY, and alleges:

 

COUNT I - INJUNCTION

 

I . This is an action for a temporary and permanent injunction to restrict defendants from violating certain deed restrictions, and for an order to take such steps as am necessary to comply with said restrictions.

 

2.            A certain tract of land known as Berkley Woods was platted and subdivided by filing a map and plat thereof in Plat Book 26, Pages 52 through 56, Public Records of Pasco County, Florida, That by the map and plat so recorded, said tract of land was divided into numerous lots.

 

3.            Deed restrictions were recorded in an instrument in Official Records Book 1687 beginning at Page 14, Public Records of Pasco County, Florida.

 

4.            The aforesaid deed restrictions were clarified by an instrument recorded in Official Records Book 1699, beginning at Page 1630, Public Records of Pasco County, Florida.

 

5.            Copies of the pertinent portions of said restrictions are attached as Exhibit A,

 

6.            Said restrictions became covenants running with the land.

 

            7.     An interest in the real property commonly known as 8546 Ashbury Dr., Hudson,

FL 34667, and more particularly described as:

 

Lot 6, Berkley Woods, according to the plat thereof as recorded in Plat Book 26,

Pages 26 through 56, Public Records of Pasco County, Florida.

PARCEL ID# 35-24-16-0100-00000-0060

 

was acquired by defendants by instruments recorded in Official Records Book 5149, Page 2, and Official Records Book 5149, Page 3, Public Records of Pasco County, Florida.

 

8.            Defendants are now the owners of said property.

 

9.            Said property was acquired subject to the aforesaid restrictive covenants.

         

          10.            Defendants acquired their interest in said property with actual and/or constructive knowledge of the existence of said restrictive covenants.

 

11.            Defendants have been and/or are violating Article IX, Section 9, of the aforesaid restrictive covenants by permitting a pickup truck, not inside a garage and concealed from public view, to be parked on the aforesaid real property.

            

           12.            Pursuant to Article X, Section 2, of the aforesaid restrictive covenants, plaintiff has standing to bring this action.

13.            Plaintiff is a homeowners association as defined in F.S, 720.301(7).

 

            14. The prevailing party in this litigation is entitled to recover reasonable attorney's fees pursuant to F.S. 720-305(l), as well as Article X, Section 2, of the aforesaid restrictive covenants.

 

15.             Plaintiff will suffer irreparable injury if the injunction is not granted in that the defendants' continued violation of the aforesaid subdivision restrictions will destroy the character of the neighborhood and general scheme of development.

 

16.            Plaintiff is without adequate remedy at law, and believes defendants will continue to violate the aforesaid deed restrictions unless enjoined.

 

WHEREFORE, Plaintiff requests a temporary and permanent injunction enjoining

   Defendants from violating the aforesaid restrictive covenants as set forth in Paragraph 11

above, for reasonable attorney   fees and all proper relief.

 

                                       COUNT II DECLARATORY  JUDGMENT

 

     17.               This is an action for a declaratoryjudgment pursuant to Chapter 86 of the Florida Statutes.

 

    18.            Pursuant to Fla.R.Civ.P. 1.130 (b), plaintiff realleges rhetorical paragraphs 2 through 13 of Count I herein above.

           19.            A controversy has arisen between plaintiff and defendants as to whether defendants have an obligation to comply with the aforesaid deed restrictions.

 

     20.            Plaintiff is interested about its rights under the aforesaid restrictions.

   

          21.            There are no other pending proceedings for the relief requested herein.

 

WHEREFORE Plaintiff requests judgment determining whether defendants are obligated to comply with the aforesaid restrictions, whether defendants have or are violating the aforesaid restrictive covenants as set forth in Paragraph 11 above, and such other relief as is proper.

 

___SIGNATURE_______

DONALD R. PEYTON

FL Bar # 516619; SPN 63606

Peyton Law Finn, P.A.

7317 Little Road

New Port Richey, FL 34654

(727) 848-5997

Attorney for Plaintiff


CLICK HERE TO READ THE COURT DECISION AGAINST ANOTHER HOA,

WHICH TRIED TO INTERPRET TRUCK AS PICK_UP!

FLORIDA

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