Homeowner's Association And Special Assessments

The point is that the Association and its members had more than one possible method in 2004 to cure the legal problems arising from the circuit court's error in interpreting the power given to the Association to maintain "the exterior of the Dwelling Units." This court had no right, and undoubtedly no ability, at that time to mandate a particular course. In the end, it seems logical that all members of the Association should have been required to pay their fair share of the expenses involved in the actual maintenance of the exterior or "outer surface" of the units, as defined in Klak, whereas the individually benefitted owners of the units that received additional repairs during the receivership should ultimately have borne the cost of those repairs. Whether this logic is the law that should have applied on remand in 2004 has never been established. And Ms. Fern's defense, which may well be only a partial defense, has never been adjudicated in the circuit court.

Written opinion Here:
https://scholar.google.com/scholar_case?case=13951376620705170545&hl=en&as_sdt=6&as_vis=1&oi=scholarr

Weidner Law Florida Appellate Court Oral Argument Video

This oral argument video is on the case: 2D13-5089

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