Court Docket – Port Orange Residents – 6 23 17 – Volusia County Fl.

Cyteria A. Session, 37, Port Orange, domestic battery by strangulation, battery;

Sean D. King, 25, Port Orange, violation of drug court;

see the complete list http://www.news-journalonline.com/news/20170623/news-of-record-for-friday-june-23-2017http://www.news-journalonline.com/news/20170623/news-of-record-for-friday-june-23-2017

Better late than never?

In the minutes of my HOA board of Directors meeting in May, 2017 it is written:

…..As a result of citizen report on April 27 when POPD was called to review the discovery of an open
door, three doors were rekeyed. Restricted use under key control….

Allow me to point out that it had been discovered over a year ago that two years worth of financial papers (reports) were missing from this building where the files were kept. 

— sincerely and honestly, Hank Springer 6 24 17

right to inspect the “official records” of an HOA

…..You have the right to inspect the “official records” of the Association. The definition of “official records” in the Homeowners’ Association Act is very broad, and generally covers written records of the association which are related to the operation of the association….

more at http://www.floridacondohoalawblog.com/2017/06/articles/operations/official-records-operations/florida-hoa-residents-have-the-right-to-inspect-official-records-of-the-association/?utm_source=Becker+%26+Poliakoff+-+Florida+Condo+%26+HOA+Legal+Blog&utm_campaign=d01e3c42f9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_5a9b4b59be-d01e3c42f9-72324201

Trespasser in a transient camp? New Smyrna Beach, 6 22 17 VCSO

Date: 6/22/2017 Time: 1537   Invest Asgn:
Header: BAKER ACT   Location:Ingham Rd / Field Street NSB   Business Name:    ZONE:52

Deputies responded to a wooded area near the intersection of Ingham Road and Field Street in reference to a disturbance involving a female who refused to leave a transient camping area. Upon arrival, Deputy Calkins contacted V-1. Deputy Calkins determined that V-1 was a harm to herself and was not currently taking her psychiatric medication. V-1 was taken into custody under the Baker Act. She was transported to ACT for treatment/evaluation.

Cecil, Brooke Lynn (W/F 05/06/1981) Transient

http://www.volusiasheriff.org/reports/district5-logs.stmlhttp://www.volusiasheriff.org/reports/district5-logs.stml

HOA insurance in case of a Hurricane?

After Hurricane Matthew our HOA membership was told that our insurance company would not cover our hurricane issue. (cost of damage and clean up?) — hank springer

Jackson Law Group Blog has posted a new item –  “Natural Disaster Planning and
Management for Condominium and Homeowners Associations”

Is your condominium or homeowners association properly prepared for a natural
disaster event such as a hurricane?  The Atlantic hurricane season officially
began on June 1st of this year and will continue until November 30th. While
September is usually the most active month for tropical activity, last year’s
Hurricane Matthew demonstrates that communities should be prepared well before a
hurricane hits to mitigate confusion in the aftermath.

To view this and other blog posts, please click on the below link:
http://jacksonlawgroup.com/blog/condominium-and-homeowner-association-law/natural-disaster-planning-and-management-for-condominium-and-homeowners-associations/

Adverse Possession in an HOA community

From the minutes of my HOA board of directors for May 2017 it is written:

…..Report on legal foreclosure of Shoemaker property at …… On track, will report as status progresses…..

The following is my  (hank springer) understanding and opinion about this issue:

Some years ago Mrs. Shoemaker died as a result of a motor vehicle accident , Summer Trees Rd. and Taylor Rd. (the  intersection at the bank).

Ownership of the unit reverted to her relative who lives up north in some state.

For a number of years the HOA assessments on this unit had not been paid.

An elderly lawyer and his wife moved into the unit claiming an “adverse possession”.

My HOA attempted to contact Mrs.  Shoemaker’s relative, and either could get no reply or perhaps he replied that he was not interested in the real estate.

I do not know if the new occupants of this real estate attempted to contact the heir owner, but the couple now living in the unit offered to pay all back assessments, which I think  at that time amounted to four years of past assessments.  My HOA refused to accept the offer from this couple to pay all back assessments and future assessments for the period that the couple will be living in the unit.

My HOA legally moved to evict the couple from the unit, and the occupants fought the legal action in a number of court appearances .  I would imagine that my HOA has spent a considerable amount of attorney fees to evict this couple.

My opinion on this issue follows:

  1. The couple appears to be very nice, over 55 years of age, and its offer to pay all assessments in the rear and be up to date on future assessments seems to me should be eagerly accepted my HOA considering that the  heir will not pay, and a number  of other assessments  liens in this community are not being paid.
  2. My HOA does not own the unit. If the heir owner has no problem in an “adverse  possession” of the unit, and as FPL does not care who pays the bill, why is it necessary for my HOA to evict an elderly couple who is in a position to pay assessments, take care of the unit, and become interested people in our HOA activities?
  3. As I understand it, if this elderly couple is evicted, there is no interest in the heir to either start paying assessment fees or up keep the house and property.  Could it be suspected that some party in our HOA or associate of our HOA may have plans or intentions of somehow acquiring said unit at a very cheap price?

Please contact me for publication if anyone has a correction to make about this issue, or can offer arguments to evict this elderly couple.

Sincerely and Honestly, Hank Springer, 6 23 17