What should be a path to paradise has become a literal line in the sand dividing a local community association and area residents. Local 10 News reached out to Becker Shareholder Ken Direktor to clarify what the issues are and how the ongoing discussion might impact association members.
“The owners all bought with notice of these easements, if they looked at the documents,” said Direktor, who serves as Chair of the firm’s Florida Community Association practice. “It is going to be the association’s burden to perform the maintenance and open the [path], so it can be used for its intended purpose.”
Highlights of the investigation include determining if the community association’s decision to close the path violates Hollywood city code, deciding whether the current residents are required to honor the agreement signed in 1995, addressing potential liability issues for community association members should an injury occur on the pathway, and more.
NOTE: Ken responded in his role as a leading community association lawyer but is uninvolved in the legal proceedings.