Lawsuit filed against Jupiter police chief for not paying HOA fees

Article Courtesy of The Palm Beach Post

By Bill DiPaolo

Published May 23, 2017


Jupiter Police Chief Frank Kitzerow owes about $1,600 in homeowner association fees, according to a lawsuit filed against him in Palm Beach County Circuit Court.

The homeowner’s association could foreclose on its claim of lien on the house if the foreclosure complaint is not settled. Kitzerow’s house then could be sold by Palm Beach County for the homeowner’s association to recover the assessments.

The homeowner’s association is also asking for attorney, accrued interest and other fees. That brings the total Kitzerow is being told to pay to about $2,300, according to the lawsuit filed April 19.

Kitzerow acknowledged he is behind on the assessments. He said he is working with homeowner’s association officials. The monthly assessment is about $516 a month.

“I’m confident we can reach an agreement on how I will make the payments,” said Kitzerow, whose annual salary is about $147,000.

Foreclosing is a “last resort,” said Scott Stoloff, an attorney representing the homeowner’s association.

“The board members are fellow owners. They don’t want to see one of their neighbors’s houses get foreclosed,” said Stoloff.

Kitzerow said heavy rains in January 2016 caused extensive water damage to roof, kitchen, floor and ceiling of his house. Mold remediation also had to be done on the inside of the house, said Kitzerow.

Jupiter Police Chief Frank Kitzerow


Normal rainfall for January in coastal Palm Beach County is about 3 inches, according to the South Florida Water Management District. But that month, some areas saw more than triple that, including West Jupiter (8.07 inches) and Juno Beach (8.89 inches).

Kitzerow said he moved out of the house that month while the repair work was being done. He paid rent in another location for about a year while his home was being repaired, he said.

“I had a lot of expenses. You have ups and downs. It’s life,” said Kitzerow.

He moved back into the house in January after the repairs were completed, he said.

“I wasn’t being irresponsible. I was making the mortgage payments. I didn’t walk away,” Kitzerow said.

When homeowners do not pay HOA fees, Florida law allows for associations — just like banks when owners fault on mortgages — to place liens on the property that lead to foreclosure.

The association’s right to foreclose has nothing to do with whether the homeowner is current on mortgage payments. Florida homeowners up to date on their mortgage could still be foreclosed on if they are late with homeowner’s association fees, according to Florida law.