But The Oaks Says Steven Yormak Is Violating Community Rules, Locked A Fence Blocking Neighbor Access To Easement.
BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2022 MetroDesk Media, LLC) — A homeowner in “The Oaks of Boca Raton” is seeking an injunction against the HOA’s Board of Directors after he was ordered to “bulldoze” landscaping that he claims that community initially approved.
Steven Yormak, an attorney, claims in a suit just filed in Palm Beach County Circuit Court that he was given permission to install landscaping both on his property and on an easement that he shares with his neighbor. The property is “zero lot line,” but — as is the case throughout much of Palm Beach County — “zero lot line” homes in The Oaks include several inches of property for maintenance, downspouts, air conditioning units, and more. The Oaks, however, claims that Yormak extended well beyond his easement. The Oaks Board of Directors says that Yormak additionally locked a gate that prohibits his neighbor access to his or her own easement. The Oaks HOA demanded that Yormak bulldoze anything that wasn’t approved.
But Yormak is seeking an injunction, prohibiting The Oaks from taking matters into its own hands. Yormak wrote this in his complaint:
“The HOA, is attempting to implement an illegal notice of violation issued against Yormak’s residence and his family which includes his wife, two younger children and a family dog with a draconian order (“Bulldozer Order”) to forcibly enter on his property and physically remove landscaping in a 5′ width being a neighbor easement down the entire property approximately 146 in length involving extensive plants and bushes.”
Also in his filing, Yormak seemingly acknowledges that he locked a gate that prohibits his neighbor to access property that belongs to the neighbor.
“Yormak has permitted his neighbor to reasonably access and exercise his easement rights at all times. Because of neighborhood break-ins and on the advice of HO security, Yormak has placed a lock on the gate to his property in addition to concerns of the HO third-party contractor landscape company continuing to enter his property through the gate despite Yormak’s terminating their services because of ongoing damage they caused. However, the neighbor continues to reasonably access her easement for maintenance whenever she notifies Yormak.”
Yormak, who says the HOA’s architectural review committee approved the landscaping before revoking the approval, states that he can’t run the risk of the HOA’s landscapers bulldozing the work and cutting his fiber lines since he, “is a practicing lawyer in two outside jurisdictions and conducts his practices remotely from his home office located on the premises electronically through teleconferencing and fiber internet. Yormak relies completely on uninterrupted services for his various trials and hearings as well as meetings. Any interruption in services would be disastrous requiring cancellation of trials and hearings and result in irreparable harm.”
BocaNewsNow.com was unable to find a tax record or business license permitting Yormak to operate a legal office out of his home. Read the complete filing, below. The Oaks HOA has not yet filed a response.The-Oaks
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