Shores Homeowner vs. Saint Augustine Shores Service Corp Board

SHORES' HOMEOWNER HAS HIS DAY IN COURT

June 19, 2009

ST. AUGUSTINE, FL - After legal wrangling by the defendant and motions made to either transfer due to subject matter or dismiss in its entirety, a court case was heard earlier today in St. John's County Circuit Court, before the Honorable Patti Christensen, in which Mr. Kevin Dunne (the plaintiff), a homeowner residing in St. Augustine Shores Unit 2, alleges that since the purchase of his home on June 1, 2004, he has been overcharged association fees by the St. Augustine Shores Service Corporation (the defendant).

In the suit (Case# SP09-0423) filed on February 23, 2009 against Joseph H Smith III, Registered Agent, St. Augustine Shores Service Corporation, Mr. Dunne alleges that upon the purchase of his home in 2004, he was presented with a copy of the deed restrictions related to the lot and unit in which he resides, stating that his association fees are not to exceed the doubling of $10.00. (see related deed restrictions, section 11.03) Dunne's argument centers around the fact that he is currently being assessed association fees of $27.50 per month, contradicting the language contained within his deed restrictions and the governing documents received by him at closing and as currently listed on the St. Augustine Shores' Website, under Governing Documents.

In written and verbal arguments presented by the Shores' attorney, Tod B Eikner, the St. Augustine Shores Service Corporation contends that a proper vote was held in 1999 to raise the fee cap to $30.00. At question is whether the 1999 cap vote constitutes an amendment to the deed restrictions regarding an increase in fees or if additional action beyond the 1999 vote would have been required to actually collect that amount. Dunne contends that a vote to amend the deed restrictions is required in order to enforce the $30.00 cap.

Mr. Dunne further claims that language within the Bylaws of the corporation (Article II, Section 2, Paragraph A) is specific with regards to fees being collected pursuant to section 11.03 of his Unit 2 Deed Restrictions and that Shores association fee caps were raised twice prior to the 1999 vote. On both occasions Dunne claims that fee caps were raised as a result of amendments to the deed restrictions.

Judge Patti Christensen has advised both the plaintiff and defendant that she would be rendering a written decision with regards to this case within the next 2 weeks. We will post the decision once it is reached.

WRITTEN BY: KEITH GOLDSTEIN
Contributing Writer