Attorney: HOA Always Existed In West Kendall

Article and Video Courtesy of 

CBS Channel 4 -- Ft. Lauderdale

   Jawan Strader Reporting


(CBS4) WEST KENDALL Hundreds of residents in a West Kendall neighborhood continue protesting what they say is a surprise hit with homeowners' association fees, but an attorney is saying this should not be any surprise at all.

Many who live in the development off Bird Road and Southwest 144th Avenue in West Kendall say they moved there because there were no association fees. Tuesday and Wednesday nights, residents of the Bird Lakes neighborhood held a rally to protest the new fees, saying they've never paid an association fee, and they never will. However, one official says no one was running the homeowners' association because residents decided to ignore it.

"As far as we know, the testimony I believe in my affidavit in the court file is that the developer turned control of the association over to the homeowners, and the homeowners, for whatever reason, dropped the ball and didn't continue to run the association," said Jeffrey Rubinstein.

He is the attorney representing the court-appointed receiver who notified residents of the association. According to him, the original paperwork signed by each homebuyer indicated there was an association, but they say they never remember seeing such document.

"What are we going to pay for, for a little grass like this for maintenance?" said homeowner Hector Perez. "It doesn't make any sense."

Some residents say the new fee of nearly $300 every quarter will hurt them financially.

"We can't afford it," said Anna Valentin, "This is ridiculous, after so many years."


During the rally, hundreds of residents signed petitions in an effort to stop the fees from being imposed.

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Bird Lake Residents Protest New Homeowners' Association Fees.



At this point there is no agreement in the works between the Continental Group and residents that are associated with.

Another rally to protest the association is scheduled for Friday evening behind a local public school.