Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
6Activity
0 of .
Results for:
No results containing your search query
P. 1
Summary Judgement on Declaratory Judgement

Summary Judgement on Declaratory Judgement

Ratings:
(0)
|Views: 705|Likes:
Published by John Carroll
This is an example of the Motion for Summary Judgement I filed in a Declaratory Action. I am not a lawyer, so please read this with that in mind. I used Florida Rule of Civil Procedure 1.510 (a). Chambers Street Builders, Inc. is an excellent builder of special homes. WaterSound Beach is a natural wonder with a Board of Directors who seem to favor the "in crowd"
This is an example of the Motion for Summary Judgement I filed in a Declaratory Action. I am not a lawyer, so please read this with that in mind. I used Florida Rule of Civil Procedure 1.510 (a). Chambers Street Builders, Inc. is an excellent builder of special homes. WaterSound Beach is a natural wonder with a Board of Directors who seem to favor the "in crowd"

More info:

Published by: John Carroll on Mar 21, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

10/12/2011

pdf

text

original

 
 1
I THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUITI AD FOR WALTO COUTY, FLORIDACIVIL DIVISIOJOH P. CARROLL,Plaintiff, Case o.: 09CA002021v.WATERSOUD BEACH COMMUITY ASSOCIATIO, IC.,
 Florida Corporation
WATERCOLOR COMMUITY ASSOCIATIO, IC.,DAVID LILIETHAL,
individually and as Director,
MARY JOULE
,
SADRA MATTESO,ROALD VOELKER,JOH DOE, JAE DOE, and OTHER UKOWCOSPIRATORSDefendants. ____________________________________________/PLAITIFF’S MOTIO FOR SUMMARY JUDGEMET
COMES NOW Plaintiff JOHN P. CARROLL (hereinafter “Plaintiff”), pursuantto Florida Rules of Civil Procedure 1.510(a), and moves for Summary Judgment, and asgrounds therefore states:1. This is an action brought pursuant Chapter 86, Florida Statutes, for  judgment declaring that Defendants WaterSound Beach Community Association, Inc.(WaterSound), Sandra Matteson (Matteson), David Lilienthal (Lilienthal) and MaryJoule’s (Joule) benefited assessment, related to construction time, is improper, invalidand non-lienable against the individual lots within WaterSound.2. Plaintiff is Florida Licensed Building Contractor RB0066902 and the sole personal qualifying agent for Chambers Street Builders, Inc. QB46853 who is the permitholder for the construction at Lot 24, Phase IV, WaterSound Beach (Lot 24).
 
 2
3. Plaintiff held and holds equitable title to Lot 24 and rights in his individualcapacity, Chambers Street Builders, Inc. corporate capacity and single member J.M.B.,LLC capacity at all times relevant to this action.4. Defendant WaterSound is a Florida not for profit corporation andhomeowners association whose Declaration of Covenants, Conditions and Restrictions(CC&R) have been recorded in Walton County, Florida and encumber Lot 24.5. Defendant Matteson served and serves as vice president and generalmanager for WaterSound.6. Defendant Lilienthal served and serves as a Board of Director for WaterSound.7. Defendant Joule served and serves as construction compliance officer for WaterSound.8. As of the filing of this motion, none of the Defendants have filed ananswer in this declaratory action.
FACTS
9. Venue is proper in this Court as venue has previously been conferred tothis Court in this action, all parties to this action are located in this jurisdiction, thedocuments to be construed have been recorded in the Walton County Official Records,the property that is the subject matter of this action is located in Walton County and theactions that are the subject matter of this suit occurred in Walton County, Florida.10. WaterSound is a community located within Walton County which isencumbered by the CC&R’s first recorded in the Official Records of Walton County onSeptember 10, 2001. (Exhibit A) Those original CC&R’s contain the provision at issue
 
 3
which can be found at Section 8.5 which reads:
8.5 Benefited AssessmentsThe Association may levy Benefited Assessments against one or more particular Lots asfollows:(a) to cover the costs, including overhead and administrative costs, of providing serviceswhich an Owner requests pursuant to any menu of special services which the Association may offer(which might include the items identified in Section 7.8) or which the Association otherwiseprovides to less than all Owners in accordance with this Declaration or any SupplementalDeclaration. Benefited Assessments for special services may be levied in advance of the provisionof the requested service; and(b) to cover costs incurred in bringing a Lot into compliance with the GoverningDocuments, or costs incurred as a consequence of the conduct of the Owner or occupants of theLot, their agents, contractors, employees, licensees, invitees, or guests; provided, the Board shallgive the Lot Owner prior written notice and an opportunity for a hearing, in accordance with theBy-Laws, before levying any Benefited Assessment under this subsection.
11. WaterSound has recorded additional Covenants, Conditions andRestrictions into the Official Records of Walton County; however none mention this benefitted assessment or any similar assessment to the assessment that is the subject of this declaratory action.12. WaterSound created this new class of “monthly benefited assessment”without following the Condition’s notice, vote or right to hearing. The CC&R’s include“Bylaws” which were originally annexed and recorded as Exhibit E. (see Exhibit A)13. The “Bylaws” state in pertinent part:
3.24. Enforcement.The Association may impose sanctions for any violation of the Governing Documents.To the extent the Declaration or Florida law requires an opportunity for a hearing, the Boardshall comply with the following procedures prior to imposition of sanctions:(a) otice. The Board or its delegate shall serve the alleged violator with writtennotice describing (i) the nature of the alleged violation; (ii) the proposed sanction to be imposed;(iii) a period of not less than 15 days within which the alleged violator may present a writtenrequest for a hearing to the Board; and (iv) a statement that the proposed sanction shall beimposed as contained in the notice unless the alleged violator challenges the violation within thetime period specified in the notice. The Board or Covenants Committee may suspend anyproposed sanction if the violation is cured, or if a diligent effort is made to cure, within theperiod during which a hearing may be requested. Such suspension shall not constitute a waiverof the right to sanction future violations of the same or other provisions and rules by any Person.

Activity (6)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads
puretrust liked this
datmanmomma liked this
fathallameheina liked this
johnmarden6420 liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->