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In the State of Florida under Title XL Chapter 719

In the State of...

In the State of Florida under Title XL Chapter 719 Cooperatives, under definitions, it defines a unit as land and appurtenances or just the appurtanances. In the Occupancy agreement within our resident owned park, it defines the unit as the lot and the appurtenances (our moblie unit). I understand that with a cooperative we do not have a traditional sense or right of ownership because we do not have a title to the lot, but it appears that by the wording in the Occupancy Agreement and in the definition, that with the share we purchased in the cooperative that we have exclusive use and possession of the property included in the lot. The park wants to build a planter that crosses my property line onto my lot and I am objecting. I believe while I do not have a title to the lot, my share gives me a right to deny them the space based on the Cooperative law and the wording of the Occupancy agreement. Am I completely wrong on this?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

I have written letters and have a couple of poor responses from the Board of Directors. My last step is to follow the law in 719 that says that I can send an inquiry by certified mail and they are required to provide a substantive answer in 30 days. I have outlined all of the Florida Law and Park documents that support my belief that we have some property rights that exist above that of the Cooperative.

Lawyer's Assistant: Have they talked to a FL lawyer about this?

They have a lawyer in retainer, but I don't know what they have done. Their answers are always something along the lines that the cooperative owns all the property and has control over all of it. They never site any discussion with a lawyer nor do they site anything in response explaining why they do not think I have any property rights at all. After they respond to this certified letter, I plan to seek law counsel, but I want to make sure I am not just pursuing a dead end.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

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Customer reply replied 4 months ago
This is a copy of a certified letter I sent yesterday via certified mail. It does a much better job of explaining the issue. The property rights issues is the primary piece I am interested in understanding if I am just reading it because I want to believe that or do I have some right of ownership.
Answered in 15 hours by:
3/23/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,429
Experience: B.A.; M.B.A.; J.D.
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In the State of Florida under Title XL Chapter 719 Cooperatives, under definitions, it defines a unit as land and appurtenances or just the appurtanances. In the Occupancy agreement within our resident owned park, it defines the unit as the lot and the appurtenances (our moblie unit). I understand that with a cooperative we do not have a traditional sense or right of ownership because we do not have a title to the lot, but it appears that by the wording in the Occupancy Agreement and in the definition, that with the share we purchased in the cooperative that we have exclusive use and possession of the property included in the lot. The park wants to build a planter that crosses my property line onto my lot and I am objecting. I believe while I do not have a title to the lot, my share gives me a right to deny them the space based on the Cooperative law and the wording of the Occupancy agreement. Am I completely wrong on this?

Response: No, you are not wrong. You are on the right track with your objection and with the letter that you sent to the Directors of the Cooperative.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,429
Experience: B.A.; M.B.A.; J.D.
Verified
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Customer reply replied 4 months ago
Thank you! My next step will be to seek legal counsel, but wanted to exhaust my normal means of settlement prior to moving forward. I really wanted someone to just independently do a head check for me to make sure I was not chasing a non-existent claim. Appreciate your quick response!!
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