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.

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.

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

FLORIDA

ARTICLES

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