BY: LITIGATION DESK | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — In another example reaffirming that complying with a homeowner association’s rules is not optional in Florida, the Fieldbrook Estates property owner’s association is suing a homeowner over the removal of a fence, the repainting of a home in a color not approved by the HOA, and other cosmetic issues. The fence removal, according to a court filing, was not approved.
In documents reviewed by BocaNewsNow.com, Umit Yigit, owner of 17669 Fieldbrook Circle North in Boca Raton, removed a fence that is used to block a swimming pool. Permission was never approved to remove the fence, and the HOA — which is actually a “property owner’s association,” — claims that its removal creates an extreme safety hazard. The filing also states that the removal violates Palm Beach County code which requires that all swimming pools be fenced.
The filing also alleges that Yigit and his tenant Michael Trussel made several unapproved cosmetic changes to the property. The POA seeks a judgement requiring the erection of an emergency fence, the restoration of the property’s original look.
“The entry of a Judgment declaring that YIGIT’s and TRUSSELL’s installation of the unapproved perimeter fence on the Lot, the removal of the original fence enclosure around the swimming pool on the Lot, and changing the color of the house on the Lot without Architectural Committee approval is a violation of the Declaration, specifically, Sections V (1)(a) and (2) and Section VI, Section (3) and Section VII(3).
If YIGIT and TRUSSELL fail to do so the ASSOCIATION may do so at VIGIT’s expense by entering onto YIGIT’s Lot and summarily removing the unapproved fence, and reinstalling the original swimming pool enclosure and restoring the color of the house on the Lot to its original color, pursuant to Sections IV (8), (13) and (14) and XI(1) of the Declaration, that the cost and expenses of removal of the unapproved fence, reinstallation of the original swimming pool fence and restoring the house on the Lot to the original color can be assessed against YIGIT in the same manner as a maintenance assessments and lien, and thereafter it can be foreclosed, and that a judgment for damages be entered against YIGIT for such expenses.” Read the complete lawsuit here.
