Friday, May 9, 2008

Posted by Picasa Here is one Q & A from the Division of Florida Land Sales, Condominiums and Mobile Homes which is relevant to the current ongoing civil suit against NCC Assn and Waterstone:
#28. If I win a lawsuit against the association, can I recover attorney fees and assessment fees that I paid the association to defend the lawsuit?
A unit owner prevailing in an action between the association and the unit owner, in addition to recovering his reasonable attorney's fees, may recover additional amounts as determined by the court to be necessary to reimburse the unit owner for his share of assessments levied by the association to fund its litigation expenses.
F.S.Condominium: Section 718.303(1),
F.S.Cooperative: Section 719.303(1)

In a brief one paragraph reply to my attorney's letter, Atty. David H. Hilam of Dunlap, Toole, Shipman & Whitney, PA stated that he did not acknowledge any breach of condo regulations. This is from an FSU grad (J.D. in 2004), so it is about what you would expect.
Here are relevant sections of our Rules & Regulation and other documents which Mr. Hilam seems to have overlooked or judged to be unimportant:
Rules & Regulations at 12. Use Restrictions, 12.1 Residential Use. "The condominium units ... may be used for single-family residential living and for no other purpose."
Further at 14 Leasing of Units, 14.3 Occupancy During Lease Term. "No one but the lessee, and his family within the first degree of relationship by blood, adoption or marriage, and their guests may occupy the Unit"
And 14.4 Occupancy in Absense of Lessee. "If a lessee absents himself from the unit for any period of time during the lease term, his family already in residence may continue to occupy the unit. If the lessee and all of the family members mentioned in the foregoing sentence are absent, no other person may occupy the Unit."
There are other sections defining who 'guests' are (Marriott or labor contractor employees do not qualify) and how occupants of all rental units must register with the Manager before or at the time of occupancy (Marriott or labor contractor employees are not so registered).
In the face of this intrangence there is, unfortunately, no other option but litigation which will eventually cost the condo owners at NCC at least $10,000 and more if there is an appeal from NCC Assn. or Waterstone.
I guess it is their opinion that:
1) it ain't their money,
2) never admit you screwed up,
3) he wouldn't dare sue us or,
4) all of the above