Update – Duval County HOA Files Motion For Appeal!

The day before the Sidles were holding their FFL Victory Party they received a notice of an appeal of the Judge’s denial of their last motion!  Just when everyone thought this whole ordeal was over after the Judge denied a request for a re-hearing, the HOA attorney filed an appeal to have the case heard at a higher level.

Once a Motion For Appeal is filed an attorney has 70 days to file the appeal. The 70 days will end in another week and then the Sidles’ attorney will submit his response.  It should be interesting to hear what grounds this appeal to be heard in a higher court will be based upon.  I understand one homeowner who attended a recent Board meeting inquired about the up-to-date expenses for the HOA attorney but was told nothing.  I would speculate once the homeowners in the community learn how much of their HOA fees were spent on an attorney they will be enraged by the wasted legal fees for one yard which most homeowners like.

I am in the process of preparing a presentation about Homeowners who are or were involved in lawsuits with their HOAs regarding their Florida Friendly Landscapes (FFL).  It’s great to hear about homeowners that have amicably resolved any FFL issues with their HOAs and I applaud those HOAs for understanding the need to conserve water and allowing homeowners to take on the expense of transforming their yards from “thirsty” to drought-tolerant.  I am not aware of any of the HOA FFL lawsuits that have been taken to a higher court so if anyone knows of such a case I would appreciate hearing about it.  If there is a “bright side” to this ridiculous lawsuit it could be the possibility an appeal to be heard in a higher court might provide a positive outcome with more weight for future lawsuits.

One thing is certain…through the Facebook group Homeowners for Florida Friendly Yards, there has been a lot of sharing of legal cases which attorneys can now find to make a case for future lawsuits!  If you are or become involved in an FFL and HOA lawsuit you need to help direct your attorney to these cases if he/she is not familiar with them.

6 thoughts on “Update – Duval County HOA Files Motion For Appeal!

  1. I am pretty sure that the President has been entrenched for several years and will bring the HOA down. Unless elections are held with the 30% statutory membership quorum, the vicious cycle may continue. An option would be a recall of bad the apples (1 or 2 directors) but again that takes serious involvement from the membership (homeowners.)

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    1. Once, while involved in a HOA with President who was bent on suing vacant lot owners trying to force them to build I thought someone had said a majority vote of the residents present at a Board meeting could remove an unsuitable Director as long as there was someone who would become a Director to fill the vacant spot…have you heard of this?

      For this community either elections were already held or are coming up and I believe a couple of the President’s friends/allies are on the ballot/Board. So often homeowners don’t get involved in the process and just stand by not wanting to take on any extra work which, in this case, may allow the vicious cycle to go on until it affects their wallets with a special assessment.

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  2. forgot to add that this time around the homeowner’s counsel should demand pay back for all legal costs incurred and even punitive damages from the HOA if the homeowner prevails.

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  3. It is just hard to believe…..I will try to spread the word amongst realtor friends who are active in that particular zip code. This will most definetely hurt resales in that HOA.

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