landten@lists.flabarrpptl.org

RPPTL Real Estate Leasing Committee

View all threads

[RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

LC
Leonard Cabral
Fri, Aug 29, 2014 7:25 PM

WAS UPHELD BY THE 5TH DCA  GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES.  It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL  32771

WAS UPHELD BY THE 5TH DCA GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES. It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com 212 N. Park Ave. Ste. 14 Sanford, FL 32771
HH
Harry Heist
Fri, Aug 29, 2014 8:41 PM

The condo and homeowners associations are doing this all day long.
Apartment communities know better. Associations feel they are above the law
or don’t care what the law even is.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 29, 2014 3:26 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

WAS UPHELD BY THE 5TH DCA  GOOD OPINION FOR THE DISABLED BAD DECISION FOR
APARTMENT COMPLEXES.  It seems the plaintiff was awarded $123k ± before the
appeal but I would like to know how much the condo assn spent in attorney
fees in total.

Leonard P. Cabral, Esq.

Leonardcabral@lenslaw.com

212 N. Park Ave. Ste. 14

Sanford, FL  32771

The condo and homeowners associations are doing this all day long. Apartment communities know better. Associations feel they are above the law or don’t care what the law even is. Harry LAW OFFICES OF HEIST, WEISSE, & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Friday, August 29, 2014 3:26 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN WAS UPHELD BY THE 5TH DCA GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES. It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com 212 N. Park Ave. Ste. 14 Sanford, FL 32771
CS
Cary Sabol
Fri, Aug 29, 2014 9:12 PM

Harry, you are right that associations think they are above the law.  You have no idea how many absurd arguments and cases that I've had with them.  Law and logic are often ignored.  So the question is, how does a good attorney go about advising a landlord client who is stuck in the middle?

For example:  The association demands the landlord either evict or force a tenant to remove an animal that is being claimed as a service animal.  If the landlord does not comply, he/she/it will face fines, liens, and ultimately foreclosure against the unit or property.  The landlord seems to be in a no win situation.

Is the landlord indemnified by the association because he/she/it simply complied with their demands?  (Doubt it)

Is a Judge going to actually order the eviction under these circumstances? (Doubt it)

What if the landlord filed eviction and it was denied, can the association still pursue action against the landlord for failure to comply or would the court order supersede the association's authority? (In my experience many associations would)

Any thoughts from the group?

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744


IRS Circular 230 Notice:  Pursuant to recently enacted  U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law.  If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

On Friday, August 29, 2014 4:42 PM, Harry Heist harry@evict.com wrote:

The condo and homeowners associations are doing this all day long.  Apartment communities know better. Associations feel they are above the law or don’t care what the law even is.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  http://www.evict.com/
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 29, 2014 3:26 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

WAS UPHELD BY THE 5TH DCA  GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES.  It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL  32771


landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Harry, you are right that associations think they are above the law. You have no idea how many absurd arguments and cases that I've had with them. Law and logic are often ignored. So the question is, how does a good attorney go about advising a landlord client who is stuck in the middle? For example: The association demands the landlord either evict or force a tenant to remove an animal that is being claimed as a service animal. If the landlord does not comply, he/she/it will face fines, liens, and ultimately foreclosure against the unit or property. The landlord seems to be in a no win situation. Is the landlord indemnified by the association because he/she/it simply complied with their demands? (Doubt it) Is a Judge going to actually order the eviction under these circumstances? (Doubt it) What if the landlord filed eviction and it was denied, can the association still pursue action against the landlord for failure to comply or would the court order supersede the association's authority? (In my experience many associations would) Any thoughts from the group? Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 ________________________________ IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. On Friday, August 29, 2014 4:42 PM, Harry Heist <harry@evict.com> wrote: The condo and homeowners associations are doing this all day long. Apartment communities know better. Associations feel they are above the law or don’t care what the law even is. Harry LAW OFFICES OF HEIST, WEISSE, & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: http://www.evict.com/ Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Friday, August 29, 2014 3:26 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN WAS UPHELD BY THE 5TH DCA GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES. It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com 212 N. Park Ave. Ste. 14 Sanford, FL 32771 _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
HH
Harry Heist
Fri, Aug 29, 2014 9:52 PM

We deal with it every single day with alleged tenant violations that are so weak we can’t evict but the association Nazis are demanding an eviction and fining the owners.

The way we deal with it is to tell the landlord to get another attorney as we will not touch these cases. Sometimes the association will use their attorney and evict with it costing the unit owner many thousands of dollars.

Move into an association run place and lose your rights.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, August 29, 2014 5:12 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

Harry, you are right that associations think they are above the law.  You have no idea how many absurd arguments and cases that I've had with them.  Law and logic are often ignored.  So the question is, how does a good attorney go about advising a landlord client who is stuck in the middle?

For example:  The association demands the landlord either evict or force a tenant to remove an animal that is being claimed as a service animal.  If the landlord does not comply, he/she/it will face fines, liens, and ultimately foreclosure against the unit or property.  The landlord seems to be in a no win situation.

Is the landlord indemnified by the association because he/she/it simply complied with their demands?  (Doubt it)

Is a Judge going to actually order the eviction under these circumstances? (Doubt it)

What if the landlord filed eviction and it was denied, can the association still pursue action against the landlord for failure to comply or would the court order supersede the association's authority? (In my experience many associations would)

Any thoughts from the group?

Cary

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416

Phone: (561) 281-2744

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

On Friday, August 29, 2014 4:42 PM, Harry Heist harry@evict.com wrote:

The condo and homeowners associations are doing this all day long.  Apartment communities know better. Associations feel they are above the law or don’t care what the law even is.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 29, 2014 3:26 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

WAS UPHELD BY THE 5TH DCA  GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES.  It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total.

Leonard P. Cabral, Esq.

Leonardcabral@lenslaw.com

212 N. Park Ave. Ste. 14

Sanford, FL  32771


landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

We deal with it every single day with alleged tenant violations that are so weak we can’t evict but the association Nazis are demanding an eviction and fining the owners. The way we deal with it is to tell the landlord to get another attorney as we will not touch these cases. Sometimes the association will use their attorney and evict with it costing the unit owner many thousands of dollars. Move into an association run place and lose your rights. Harry LAW OFFICES OF HEIST, WEISSE, & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Friday, August 29, 2014 5:12 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN Harry, you are right that associations think they are above the law. You have no idea how many absurd arguments and cases that I've had with them. Law and logic are often ignored. So the question is, how does a good attorney go about advising a landlord client who is stuck in the middle? For example: The association demands the landlord either evict or force a tenant to remove an animal that is being claimed as a service animal. If the landlord does not comply, he/she/it will face fines, liens, and ultimately foreclosure against the unit or property. The landlord seems to be in a no win situation. Is the landlord indemnified by the association because he/she/it simply complied with their demands? (Doubt it) Is a Judge going to actually order the eviction under these circumstances? (Doubt it) What if the landlord filed eviction and it was denied, can the association still pursue action against the landlord for failure to comply or would the court order supersede the association's authority? (In my experience many associations would) Any thoughts from the group? Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. On Friday, August 29, 2014 4:42 PM, Harry Heist <harry@evict.com> wrote: The condo and homeowners associations are doing this all day long. Apartment communities know better. Associations feel they are above the law or don’t care what the law even is. Harry LAW OFFICES OF HEIST, WEISSE, & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: http://www.evict.com/ Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Friday, August 29, 2014 3:26 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN WAS UPHELD BY THE 5TH DCA GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES. It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com 212 N. Park Ave. Ste. 14 Sanford, FL 32771 _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
LC
Leonard Cabral
Fri, Aug 29, 2014 11:57 PM

Harry:
Apartment complexes have you to advise them and you do that well.  In my opinion and experience, most Condo Assn and Homeowner's Assn are made up of frustrated, militant, Gestapo types who believe they can do whatever they want to do despite the law.  I live in a community that has a HOA and so many times I have to set them straight.
To those of you who may be offended by my use of the word Gestapo I only refer to it as the Gestapo was given carte blanchehttp://en.wikipedia.org/wiki/Blank_cheque to operate without judicial reviewhttp://en.wikipedia.org/wiki/Judicial_review-in effect, putting them above the law.

In addition to the stupidity of the Condo Assn, I also think client selection also played a big part in this case.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL  32771

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, August 29, 2014 4:42 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

The condo and homeowners associations are doing this all day long.  Apartment communities know better. Associations feel they are above the law or don't care what the law even is.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 29, 2014 3:26 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

WAS UPHELD BY THE 5TH DCA  GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES.  It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL  32771

Harry: Apartment complexes have you to advise them and you do that well. In my opinion and experience, most Condo Assn and Homeowner's Assn are made up of frustrated, militant, Gestapo types who believe they can do whatever they want to do despite the law. I live in a community that has a HOA and so many times I have to set them straight. To those of you who may be offended by my use of the word Gestapo I only refer to it as the Gestapo was given carte blanche<http://en.wikipedia.org/wiki/Blank_cheque> to operate without judicial review<http://en.wikipedia.org/wiki/Judicial_review>-in effect, putting them above the law. In addition to the stupidity of the Condo Assn, I also think client selection also played a big part in this case. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com 212 N. Park Ave. Ste. 14 Sanford, FL 32771 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, August 29, 2014 4:42 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN The condo and homeowners associations are doing this all day long. Apartment communities know better. Associations feel they are above the law or don't care what the law even is. Harry LAW OFFICES OF HEIST, WEISSE, & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Friday, August 29, 2014 3:26 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN WAS UPHELD BY THE 5TH DCA GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES. It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> 212 N. Park Ave. Ste. 14 Sanford, FL 32771
LC
Leonard Cabral
Sat, Aug 30, 2014 12:03 AM

Cary:
I had a few cases like that where I represented the tenant who rented a condo from an owner and it really put the owner between a rock and a hard spot.  I would like to see someone with more brains and ability than I bring a civil RICO suit against a Condo Assn. and win.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL  32771
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, August 29, 2014 5:53 PM
To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

We deal with it every single day with alleged tenant violations that are so weak we can’t evict but the association Nazis are demanding an eviction and fining the owners.

The way we deal with it is to tell the landlord to get another attorney as we will not touch these cases. Sometimes the association will use their attorney and evict with it costing the unit owner many thousands of dollars.

Move into an association run place and lose your rights.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, August 29, 2014 5:12 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

Harry, you are right that associations think they are above the law.  You have no idea how many absurd arguments and cases that I've had with them.  Law and logic are often ignored.  So the question is, how does a good attorney go about advising a landlord client who is stuck in the middle?

For example:  The association demands the landlord either evict or force a tenant to remove an animal that is being claimed as a service animal.  If the landlord does not comply, he/she/it will face fines, liens, and ultimately foreclosure against the unit or property.  The landlord seems to be in a no win situation.

Is the landlord indemnified by the association because he/she/it simply complied with their demands?  (Doubt it)

Is a Judge going to actually order the eviction under these circumstances? (Doubt it)

What if the landlord filed eviction and it was denied, can the association still pursue action against the landlord for failure to comply or would the court order supersede the association's authority? (In my experience many associations would)

Any thoughts from the group?

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

On Friday, August 29, 2014 4:42 PM, Harry Heist <harry@evict.commailto:harry@evict.com> wrote:

The condo and homeowners associations are doing this all day long.  Apartment communities know better. Associations feel they are above the law or don’t care what the law even is.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  http://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 29, 2014 3:26 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

WAS UPHELD BY THE 5TH DCA  GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES.  It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL  32771


landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Cary: I had a few cases like that where I represented the tenant who rented a condo from an owner and it really put the owner between a rock and a hard spot. I would like to see someone with more brains and ability than I bring a civil RICO suit against a Condo Assn. and win. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com 212 N. Park Ave. Ste. 14 Sanford, FL 32771 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, August 29, 2014 5:53 PM To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN We deal with it every single day with alleged tenant violations that are so weak we can’t evict but the association Nazis are demanding an eviction and fining the owners. The way we deal with it is to tell the landlord to get another attorney as we will not touch these cases. Sometimes the association will use their attorney and evict with it costing the unit owner many thousands of dollars. Move into an association run place and lose your rights. Harry LAW OFFICES OF HEIST, WEISSE, & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Friday, August 29, 2014 5:12 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN Harry, you are right that associations think they are above the law. You have no idea how many absurd arguments and cases that I've had with them. Law and logic are often ignored. So the question is, how does a good attorney go about advising a landlord client who is stuck in the middle? For example: The association demands the landlord either evict or force a tenant to remove an animal that is being claimed as a service animal. If the landlord does not comply, he/she/it will face fines, liens, and ultimately foreclosure against the unit or property. The landlord seems to be in a no win situation. Is the landlord indemnified by the association because he/she/it simply complied with their demands? (Doubt it) Is a Judge going to actually order the eviction under these circumstances? (Doubt it) What if the landlord filed eviction and it was denied, can the association still pursue action against the landlord for failure to comply or would the court order supersede the association's authority? (In my experience many associations would) Any thoughts from the group? Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. On Friday, August 29, 2014 4:42 PM, Harry Heist <harry@evict.com<mailto:harry@evict.com>> wrote: The condo and homeowners associations are doing this all day long. Apartment communities know better. Associations feel they are above the law or don’t care what the law even is. Harry LAW OFFICES OF HEIST, WEISSE, & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: http://www.evict.com/ Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Friday, August 29, 2014 3:26 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN WAS UPHELD BY THE 5TH DCA GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES. It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> 212 N. Park Ave. Ste. 14 Sanford, FL 32771 _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten
TG
Trey Goldman
Sat, Aug 30, 2014 1:06 AM

Plenty of people sometimes think they're above the law. Rather than  knowing I then have to explain how this can be seen as like the Gestapo (a singularly descriptive word), can't we just use a different term and avoid entire issue?

PS - I don't like associations either.

Trey Goldman
Legislative Counsel
Florida Realtors

On Aug 29, 2014, at 7:58 PM, "Leonard Cabral" <leonardcabral@lenslaw.commailto:leonardcabral@lenslaw.com> wrote:

Harry:
Apartment complexes have you to advise them and you do that well.  In my opinion and experience, most Condo Assn and Homeowner’s Assn are made up of frustrated, militant, Gestapo types who believe they can do whatever they want to do despite the law.  I live in a community that has a HOA and so many times I have to set them straight.
To those of you who may be offended by my use of the word Gestapo I only refer to it as the Gestapo was given carte blanchehttp://en.wikipedia.org/wiki/Blank_cheque to operate without judicial reviewhttp://en.wikipedia.org/wiki/Judicial_review—in effect, putting them above the law.

In addition to the stupidity of the Condo Assn, I also think client selection also played a big part in this case.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL  32771

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, August 29, 2014 4:42 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

The condo and homeowners associations are doing this all day long.  Apartment communities know better. Associations feel they are above the law or don’t care what the law even is.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 29, 2014 3:26 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

WAS UPHELD BY THE 5TH DCA  GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES.  It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL  32771


landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Plenty of people sometimes think they're above the law. Rather than knowing I then have to explain how this can be seen as like the Gestapo (a singularly descriptive word), can't we just use a different term and avoid entire issue? PS - I don't like associations either. Trey Goldman Legislative Counsel Florida Realtors On Aug 29, 2014, at 7:58 PM, "Leonard Cabral" <leonardcabral@lenslaw.com<mailto:leonardcabral@lenslaw.com>> wrote: Harry: Apartment complexes have you to advise them and you do that well. In my opinion and experience, most Condo Assn and Homeowner’s Assn are made up of frustrated, militant, Gestapo types who believe they can do whatever they want to do despite the law. I live in a community that has a HOA and so many times I have to set them straight. To those of you who may be offended by my use of the word Gestapo I only refer to it as the Gestapo was given carte blanche<http://en.wikipedia.org/wiki/Blank_cheque> to operate without judicial review<http://en.wikipedia.org/wiki/Judicial_review>—in effect, putting them above the law. In addition to the stupidity of the Condo Assn, I also think client selection also played a big part in this case. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> 212 N. Park Ave. Ste. 14 Sanford, FL 32771 From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, August 29, 2014 4:42 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN The condo and homeowners associations are doing this all day long. Apartment communities know better. Associations feel they are above the law or don’t care what the law even is. Harry LAW OFFICES OF HEIST, WEISSE, & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Friday, August 29, 2014 3:26 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN WAS UPHELD BY THE 5TH DCA GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES. It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> 212 N. Park Ave. Ste. 14 Sanford, FL 32771 _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten
AJ
Anthony J. Horky
Sat, Aug 30, 2014 2:14 AM
_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
LC
Leonard Cabral
Mon, Sep 8, 2014 10:37 PM

Autocracy ?
Leonard Cabral

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Trey Goldman
Sent: Friday, August 29, 2014 9:06 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

Plenty of people sometimes think they're above the law. Rather than  knowing I then have to explain how this can be seen as like the Gestapo (a singularly descriptive word), can't we just use a different term and avoid entire issue?

PS - I don't like associations either.
Trey Goldman
Legislative Counsel
Florida Realtors

On Aug 29, 2014, at 7:58 PM, "Leonard Cabral" <leonardcabral@lenslaw.commailto:leonardcabral@lenslaw.com> wrote:
Harry:
Apartment complexes have you to advise them and you do that well.  In my opinion and experience, most Condo Assn and Homeowner's Assn are made up of frustrated, militant, Gestapo types who believe they can do whatever they want to do despite the law.  I live in a community that has a HOA and so many times I have to set them straight.
To those of you who may be offended by my use of the word Gestapo I only refer to it as the Gestapo was given carte blanchehttp://en.wikipedia.org/wiki/Blank_cheque to operate without judicial reviewhttp://en.wikipedia.org/wiki/Judicial_review-in effect, putting them above the law.

In addition to the stupidity of the Condo Assn, I also think client selection also played a big part in this case.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL  32771

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, August 29, 2014 4:42 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

The condo and homeowners associations are doing this all day long.  Apartment communities know better. Associations feel they are above the law or don't care what the law even is.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Friday, August 29, 2014 3:26 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

WAS UPHELD BY THE 5TH DCA  GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES.  It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL  32771


landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Autocracy ? Leonard Cabral From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Trey Goldman Sent: Friday, August 29, 2014 9:06 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN Plenty of people sometimes think they're above the law. Rather than knowing I then have to explain how this can be seen as like the Gestapo (a singularly descriptive word), can't we just use a different term and avoid entire issue? PS - I don't like associations either. Trey Goldman Legislative Counsel Florida Realtors On Aug 29, 2014, at 7:58 PM, "Leonard Cabral" <leonardcabral@lenslaw.com<mailto:leonardcabral@lenslaw.com>> wrote: Harry: Apartment complexes have you to advise them and you do that well. In my opinion and experience, most Condo Assn and Homeowner's Assn are made up of frustrated, militant, Gestapo types who believe they can do whatever they want to do despite the law. I live in a community that has a HOA and so many times I have to set them straight. To those of you who may be offended by my use of the word Gestapo I only refer to it as the Gestapo was given carte blanche<http://en.wikipedia.org/wiki/Blank_cheque> to operate without judicial review<http://en.wikipedia.org/wiki/Judicial_review>-in effect, putting them above the law. In addition to the stupidity of the Condo Assn, I also think client selection also played a big part in this case. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> 212 N. Park Ave. Ste. 14 Sanford, FL 32771 From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, August 29, 2014 4:42 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN The condo and homeowners associations are doing this all day long. Apartment communities know better. Associations feel they are above the law or don't care what the law even is. Harry LAW OFFICES OF HEIST, WEISSE, & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Friday, August 29, 2014 3:26 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN WAS UPHELD BY THE 5TH DCA GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES. It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> 212 N. Park Ave. Ste. 14 Sanford, FL 32771 _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten