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Author johnbsims3
Admin Male

#1 | Posted: 10 Dec 2006 07:12 

Trial court erred in ruling that City's lien on property was superior to prior recorded mortgage as City's lien was based on money loaned to property owner to make repairs and not on municipal services or special assessments. First Nationwide Mortgage Corp. v. Brantley, 851 So. 2d 885, 28 Fla. L. Weekly D1890 (Fla. 4th DCA August 13, 2003).

Homeowner's affidavit that special assessment was for "improvements to private property" and that the board cannot enforce dissimilar assessments was sufficient to preclude entry of summary judgment in favor of homeowners' association as the association's affidavit did not address the propriety of the assessment. Larson v. Eagles Nest Homeowners Association, Inc., 843 So. 2d 1016, 28 Fla. L. Weekly D1093 (Fla. 5th DCA May 2, 2003).

Condominium association was entitled to an award for special assessments for termite damage repairs, but was not entitled to an award for roof repair and replacement damages as these were not properly pled. George v. Beach Club Villas Condominium ****., 833 So. 2d 816, 27 Fla. L. Weekly D2567 (Fla. 3d DCA Nov. 27, 2002).

Condominium association improperly imposed special assessment for replacement of mansards as such work constitued an alteration which required prior approval by the members as opposed to routine maintenance. George v. Beach Club Villas Condominium ****., 833 So. 2d 816, 27 Fla. L. Weekly D2567 (Fla. 3d DCA Nov. 27, 2002).

Trial court erred in finding that Zephryhill's ordinance imposing a water and sewer connection fee was an illegal tax. City of Zephryhills v. Wood, 831 So. 2d 223, 27 Fla. L. Weekly D2317 (Fla. 2d DCA Oct. 23, 2002).

The City of North Lauderdale's special assessment on improved property to fund the cost of an integrated fire resecue and emergency medical services program is invalid as it does not provide special benefit to the property. City of North Lauderdale v. SMM Properties, Inc., 825 So. 2d 343, 27 Fla. L. Weekly S689 (Fla. August 22, 2002).

Trial court properly found City was liable to refund stormwater utility fees and not entitled to "equitable considerations" defense as it found City had various means at its disposal to raise sufficient revenues to cover refund. City of Port St. Lucie v. Zlinkoff , 821 So. 2d 1130, 27 Fla. L. Weekly D1448 (Fla. 4th DCA June 19, 2002).

Trial court's assessment of a sub-district within a condominium development was reversed as it was not based on a factual finding as to whether roving security, security gate and guardhouse that were not within the sub-district benefitted the owners within the sub-district. PGA Property Owners ****. Inc. v. Golf Villas II, 813 So. 2d 256, 27 Fla. L. Weekly D828 (Fla. 4th DCA April 10, 2002).

Trial court erred in allowing property owner to submit untimely filed income data in challenge to tax assessment. Higgs v. Good, 813 So. 2d 178, 27 Fla. L. Weekly D642 (Fla. 3d DCA March 20, 2002).

A Value Adjustment Board's revised assessment does not invalidate the presumption of correctness applied to the property appraiser's assessment. Smith v. Royal & Sons, Ltd. , 801 So.2d 255 (Fla. 4th DCA 2001)

Hernando County's special assessment for fire and rescue services was fairly and reasonably apportioned and such finding was properly supported by expert witness testimony although such testimony had not been originally presented to the County when it imposed the assessment. Workman Enterprises, Inc. v. Hernando County, 790 So.2d 598 (Fla. 5th DCA 2001).

Suit challenging condominium association's authority to levy special assessment is not subject to nonbinding arbitration. Villorin v. Village of King's Creek Condominium ****., Inc., 789 So.2d 1157 (Fla. 3d DCA 2001).

As different provisions of the Declaration could be interpreted differently as to whether a condominium unit could unimproved land, trial judge erred in granting summary judgment in favor of association in claim for assessments against developer. Schooner Oaks Limited Co. v. Schooner Oaks Condominium Association, Inc., 776 So.2d 304 (Fla. 4th DCA 2000).

Water management district properly assessed property using front-footmethod of assessment even though a good portion of the property wasundevlopable wetlands. Pomerance v. Homosassa Special Water District, 755 So.2d 732 (Fla. 5th DCA 2000).

Homeowners' Association could foreclose upon homestead property basedupon amended Declaration that provided fines would be treated as assessments for purposes of collection. Zerquera v. Centennial Homeowners' Association, Inc. , 752 So.2d 694 (Fla. 3d DCA 2000).

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