Article
Courtesy of Herald OnLine.com
By David Acosta
Published November 12, 2013
ORLANDO, Fla., Nov. 4, 2013 — /PRNewswire/ -- A circuit court judge has ordered
a Central Florida homeowners association to stop its practice of denying
homeowner guests' entry into the community of homeowner as a way of forcing
payment of past due assessments. Judge Marlene Alva issued a permanent
injunction prohibiting the practice as a result of a 2011 lawsuit brought by
homeowner David Acosta who lives in the gated community known as Alaqua.
The lawsuit alleges that in 2008 the association began refusing access to his
family members, friends and other guests because he was past due on association
dues. After unsuccessful attempts to get the association to work out the
disputed balance and restrictions he took them to court. Acosta says, "They
ignored every one of my requests to talk, even formal written requests for
mediation."
He then asked the judge permission to pay his current assessments into the
registry of the court, a move the association fought against. "I live here, of
course assessments have to be paid." Acosta continues, "But if they won't work
it out, what else can I do?" County records show he has been making timely
payments to the court.
In April 2012 circuit court Judge Linda Schoonover, who initially presided over
the lawsuit, granted Acosta's petition for a temporary injunction to stop the
practice observing that the association threatened to prosecute homeowners as
trespassers for violating the restrictions. "You just can't threaten to call the
Sheriff and have the homeowner removed form his own property as a trespasser, it
makes no sense," Acosta says. Apparently Judge Schoonover agreed, ruling, "There
is a substantial likelihood of success on the merits and the public will be
served by the Temporary Injunction."
Alaqua attorney James Gustino appealed the decision, but the appeals court
upheld the temporary injunction. Acosta accomplished all of this without an
attorney while facing off against three Orlando law firms simultaneously
representing the association. He now has an attorney.
Central Florida gated communities began using this type of restriction in 2008
as a way of clamping down on homeowners not paying their dues. The practice
first appeared in local news when Stoneybrook, an Orlando gated community,
refused entry to a homeowner's son from returning home after completing active
duty in the military. The family hired an attorney to fight the restrictions,
but the motion for temporary injunction never went before a judge. Orange County
court records show two other Stoneybrook homeowners were unsuccessful in
obtaining temporary injunctions.
Gustino convinced the association to change its declaration and formally
authorize the gate restrictions. But Judge Alva ruled all the formal meetings
held with association members were illegal and void. The case is headed for
trial to determine how much Mr. Acosta is entitled to for damages. For now, it
is a victory for all homeowners in the neighborhood David Acosta calls home.
*Seminole County Circuit Court* *Docket No.* *
2011-CA-2559* |