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Articles Tagged with association rules enforcement

“I’m putting my own life at risk!” That’s what an Ormond Beach, Fla. homeowners association director is reported to have said after he fired his gun into the ground in an effort to shoo away two teenagers from the community pool.

Thankfully, nobody was hurt in the incident, which resulted in the arrest of Richard S. Marcelle, 66 (pictured below), for three counts of aggravated assault with a deadly weapon without intent to kill and discharging a gun in public.

According to reports in the Daytona Beach News-Journal and local television stations, the encounter took place at approximately 9:15 on the evening of April 22 when Julian Johnson, an 18-year-old resident of The Village subdivision, and a younger friend visited the community pool. rmarcelle-280x300Marcelle, who is a member of the HOA’s board of directors, approached and informed them that the pool was closed.

When Johnson noticed a sign indicating the pool is open until 10 p.m. as he and his friend were exiting, they pointed it out to Marcelle. Apparently, residents had not yet been notified, and new signs had not been posted, announcing a recent change to the pool hours.

As they attempted to re-enter the pool area, the association director intercepted them and brandished a handgun, which he then fired into the ground. One of the teens then asked: “Did you really just shoot a gun?” Marcelle’s response: “Yes, I am putting my own life at risk!”

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MichaelHymanThe firm’s Michael L. Hyman authored an article that appeared as a “Board of Contributors” guest column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Associations Must Strictly Comply With Notice Requirements to Impose Fines, Liens,”  focuses on a recent ruling by the state’s Fourth District Court of Appeal that illustrates how Florida’s courts are going to demand very strict adherence to the statutory notice requirements in order for associations to impose fines and liens against unit owners.  Michael’s article reads:

A ruling last year by the Florida Fourth District Court of Appeal illustrates the severity of the consequences for community associations that do not follow the law to a tee in their notices to unit owners. In Dwork v. Executive Estates of Boynton Beach Homeowners Association, the appellate panel reversed the lower court’s award of fines because the HOA only provided 13 days’ notice of the fining committee hearing to the homeowner as opposed to the statutorily required 14 days.

dbr-logo-300x57The case arose over a dispute involving the stipulations in the HOA’s governing documents requiring all homeowners to keep their roofs and driveways clean and their fences in good condition. The association notified Jonathan Mitchell Dwork of violations of these requirements multiple times over several years, but he took no action.

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