HOA denies entry to homeowner, lawyer says that is against Florida law

Article and Video Courtesy of WPTV Channel 5

By Miranda Christian

Published October 28, 2019

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RIVIERA BEACH-- A Boca Raton man says he has been denied access to a property he bought at Woodbine Apartment Homes in Riviera Beach.

 

Eric Nathanson said the home was bought as a foreclosure at an auction about a month ago. This past week the HOA told him and the other buyers they could not get into the property because there were thousands of dollars worth in back dues from the previous owner.

“We go to the gate, our realtor, our painters, our A/C guys, buyers, everyone is turned away,” said Nathanson.

Nathanson said they got a lawyer involved and discovered they did not owe money on the property but were still being denied entrance at the front gate.


Realtor Miachel Tice said the property had an offer from a potential buyer but when the buyer showed up with an inspector they were turned away at the gate. Now the buyer backed out of the deal and demanded money back to pay the inspector.

Nathanson said they were let through the gate on Thursday after a call to police was made.

Attorney Jeremy Zubkoff said the HOA is breaking the law by not allowing the buying and their guests into the property. “It is straight in the Florida statute, in both the Condo act and HOA act,” said Zubkoff.

Nathanson said if the issue cannot be resolved by Friday they will file a lawsuit.

Attorney Ryan M. Aboud, a lawyer who represents Aspri, which is a subdivision in Woodbine Apartment Homes, released the following statement regarding the incident:


Unfortunately, since the issue concerns a pending dispute that may result in litigation, it is not possible for us to comment substantively on the issue; however, I have been in contact with opposing counsel and we are actively making every effort to resolve the subject dispute amicably so that all parties may avoid litigation and its expenses.   

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