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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 113425
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Coopersmith HOA a Florida HOA in the county of Oseola has

Customer Question

Coopersmith HOA a Florida HOA in the county of Oseola has filed on 11/27/2013 an amendement of restriction without having the required 75% member approval, therefore the document is invalid but is enforced and refer to in subsequent legal documents. See Osceola Public Official Record Book 4538 pages 499-634 for Certificate Of Third Amendment To The Homeowners Agreement And Declaration Of Convenants, Conditions And Restrictions. The document only has the signature of 85 units owner out of 152 units (56%) (one vote per unit) and at least 6 units recorded signature were done by person that did not owned a unit when document were filed to the court in July 2013. I was never advised buy the HOA of this amendement until this week-end when a neighbor told me about it.
The original CC&Rs (see Official Record Book 548, page 134, et seq., were extinguished by MRTA in 2011 and is no longer available in Public record search. The Coopersmith HOA filed in 07/31/2012, more than 10 months after extinghuisment date, a notice of preservation of use restrictions under marketable record title act, see Official Record Book 4302 pages 2387-2438. The Florida Statutes Laws require that such notice be made during the original 30 year period, not after extinghuisment of the document. Coopersmith CC&Rs don't exist anymore in the official record, how can they amend it? Why are they allowed to file lien for unpaid dues in Court if they don't have valid CC&Rs? No one is watching what these legal record contain? I think this is a clear abuse of the Official Record Book and court system. Where should I file a complaint to correct the records and stop this abuse of the legal system?
Thanks!
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to file in the Circuit court against the HOA and you would need to file a petition for declaratory judgment to have their restrictions deemed invalid based on them being invalidly approved and expired and as such any decisions or rules allegedly implemented since that time would be equally invalidated. So your case would go to the Circuit Court seeking declaratory judgment to invalidate those restrictions and also seek money damages from the board for illegally implementing these restrictions without a proper vote of the membership.
Customer: replied 12 months ago.
How much would these legal service cost? Can I do it myself?
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.
The FL courts dislike pro se parties so they do not make forms available and make it very difficult for pro se litigants to survive in court. So unless you are very good doing legal case research and going to the court library to get the form books to use as templates and can get yourself familiar with the FL Rules of Civil Procedure and Federal Rules of Evidence, filing yourself is not the best idea.
Legal fees for these cases depend on how much the HOA will fight, but they could start at a minimum of about $3000 or so. If there are multiple homeowners are involved in suing, then this can be divided among the homeowners looking to pursue the claim in court.
Customer: replied 11 months ago.
How can I meet you?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Please re-read the terms of service of this site and site rules, the state laws forbid any attorney on this site from representing anyone from this site. So we cannot meet I am afraid. Thank you for understanding and allowing us to abide by the state laws.

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