Residents of the Seven Lakes Association in Lee County find themselves in a distressing situation more than three years after Hurricane Ian. Despite being up to date on mortgage, utilities, and HOA fees, some owners remain homeless, unable to return to their units.

WINK News spoke to attorney Jason Hamilton Mikes, who reviewed the situation and expressed doubts about its legality. He explained that Florida's Condominium Act does not require owners to waive claims to move back in, and conditioning keys on signing a unit release form goes beyond the law. Owners at Seven Lakes report living out of their cars, couch-hopping, or even coming out of retirement to pay fees, as they still cannot access their units. They claim the association is withholding keys unless they sign a unit release form that they believe strips them of their rights. Bill Barrow, an owner at Seven Lakes, expressed the struggles faced by residents. "People are actually homeless. Some people had to go back to work in order to pay their COA fees. Because they're having to pay their COA fees even though they're out of their condos," said Barrow.

Ted Stegner, who has owned a property at Seven Lakes for 22 years, is now living in his car.

"It's probably up around 1100 somewhere around there a month, and I'm all paid up to date," said Stegner.

Janice Gucwa is also affected, couch-hopping after coming out of retirement and taking on two jobs.

"It's just, it's just a nightmare. It's just, every week, it's something else," said Gucwa. Residents say the issue isn't construction delays or ongoing repairs, but rather the unit release form. "Neighbors, they used the word coercion. Could this be considered coercion?" asked Anchor Liz Biro. "It could, you know, look like sort of a strong-arm tactics," said Hamilton Mikes. Hamilton Mikes reviewed the release form and noted that while parts of it are standard, one section requiring owners to waive claims against the association raised concerns.

"Except for this paragraph that requires unit owners to sign away their claims and other legal remedies against the association, its contractors and subcontractors," said Hamilton Mikes.

This means if there are problems with workmanship, materials, or hidden issues, owners could lose the right to hold anyone accountable. Hamilton Mikes emphasized that signing this form is not a requirement under Florida's Condominium Act.

"I don't believe this is legal, and so I believe that if this were presented to a court of competent jurisdiction, judge or jury would probably say you cannot require unit owners to sign this as a condition of moving back in," said Hamilton Mikes.

While Hamilton Mikes acknowledged a condo association's interest in limiting liability, he said requiring owners to waive all claims to receive their keys is atypical.

Liz Biro reached out to the association via email multiple times and attempted to speak in person with someone from the association, but has not heard back and was turned away.