HOA FOUNTAIN PROTEST

Special Report Courtesy of 

CHANNEL 8 -- ON YOUR SIDE
Reporter Jennifer Leigh
Published March 18, 2008

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A dispute between a Sarasota woman and her Homeowner's Association has her facing the cost of the legal charges.

It seems this homeowner is facing another board -- and attorney -- who fail to understand that prevailing party in the meaning of legal fees means that there was a court ruling making the association the "prevailing party."

    

I'm not sure what language in FS 720.305 seems to be so hard to understand?

FS 720.305: The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney's fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation.

  

Or may be the board wasn't aware that the legislature passed a new provision in 2007 -- FS 720.3035, limiting the extent of the architectural review committee to the authority specifically stated in the original declaration of covenants.

No matter what, any committee and board has to make decisions regarding permits for architectural changes within a reasonable time. 

Ten month sure isn't reasonable! And neither are the conditions the board wants the homeowner to sign!

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