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FS 720.303(4) + (5)



 

 

10-day demand letter   Small Claims Court Form       

 

Final Judgment

   

[email protected] 
  
10-day Letter

To whom it may concern,
Under section 720.303 of Chapter 720 of the Florida Statutes, I hereby request a copy of ...................... (name document + use description as in Statutes). As I am sure that you are aware of, the Association has 10 days to provide these documents. After that time has expired, the association will be required to pay a $50.00 per day fine up to 10 days.
Regards


Fill in name of document you would like the board to produce, but make sure that it is part of the documents listed in
FS 720.303 (4) a - j  and 1 - 4

  
SCANNED VERSION
 
IN THE COUNTY COURT OF THE
FOURTH JUDICIAL CIRCUIT IN
AND FOR DUVAL COUNTY

CASE NUMBER: ___02-04294 SP__
DIVISION: ______________F_________

William “Bill” F. Lewis, Jr.
XXXXXXXXXXXXXXX
Jacksonville, FL  32244                                 PHONE# (904) XXX-XXXX 
PLAINTIFF(S)

VS.

Board of Directors
Chimney Lakes Owners Association (CLOA)
C/O Property Management Systems Inc.; Registered Agent for CLOA
2215 East S.R. 200
Yulee, FL  32097                                           PHONE# (800) 374-6538 (Bus.) 
DEFENDANT(S)

                                  AMENDED STATEMENT OF CLAIM

Plaintiff(S)   William “Bill” F. Lewis, Jr.                                                         SUES 
DEFENDANT(S)  Chimney Lakes Owners Association Board of Directors 

                                                          AND ALLEGES:

1. THIS IS AN ACTION FOR DAMAGES THAT DOES NOT EXCEED $5000.00. 

2.     (GIVE A BRIEF DESCRIPTION OF WHY YOU HAVE FILED THIS SUIT)
According to Florida Statutes Section 720.303 Subs. 5 a + b the Chimney Lakes Owners Association Board of Directors was required to comply with my request (Mailed January 16, 2002 and Delivered January 25, 2002) to inspect the following documents:

a) All proxies submitted to the Secretary prior to 7:00 pm at the December 4, 2001, Chimney Lakes Owners Association Annual Homeowners Meeting.  The proxies are part of the official Minutes of the Chimney Lakes Owners Association Annual Homeowners Meeting and as such, according to FS 720.303 Subs. 4 f, an official document. 

b) The list of owners in attendance at the December 4, 2001, Chimney Lakes Owners Association Annual Homeowners Meeting.  The list of members present is part of the official Minutes of the Chimney Lakes Owners Association Annual Homeowners Meeting and as such, according to FS 720.303 Subs. 4 f, an official document.

c) The minutes from the November 20, 2001, Chimney Lakes Owners Association Board of Directors regular monthly meeting.  The minutes are part of the official records of the Chimney Lakes Owners Association and as such, according to FS 720.303 Subs. 4 f, an official document.

d) The rules regarding the videotaping of Board of Directors meetings of the Chimney Lakes Owners Association.  A copy of the current rules is part of the official records of the Chimney Lakes Owners Association and as such, according to FS 720.303 Subs. 4 e, an official document.

Despite various verbal and written reminders, the Association did not comply with this request.  According to the Florida Statutes (FS 720.303 Subs. 5 a + b) the Association is required to pay damages.  The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.  99 business days have elapsed since the February 8, 2002, expiration date. 

I hereby ask the court to render a judgment in the amount of $ 2500.00 + the cost for filing this suit (FS 720.305 Par.1) against the Association for willfully disregarding the Florida Statutes Section 720.303.

WHEREFORE, THE PLAINTIFF(S) DEMANDS JUDGMENT FOR DAMAGES AGAINST
DEFENDANT(S) IN THE AMOUNT OF $_2500.00_____ TOGETHER WITH THE COSTS OF FILING THIS SUIT.

Dated this _28th_ day of June, 2002.

                                                                            __William F. Lewis Jr._ 
                                                                                                    PLAINTIFF
 

Certificate of Service
I HEREBY CERTIFY that a copy of the foregoing was furnished to A. Jeffrey Tomassetti, Valerie C. Faltemier, and the Chimney Lakes Owners Association Board of Directors by depositing said copy in the U.S. Mail with adequate postage prepaid and via facsimile to the addresses below, on this _28th_ day of June, 2002:

A. Jeffrey Tomassetti
Valerie C. Faltemier
P.O. Box 1443
Fernandina, FL 32035-1443
Facsimile: (904) 261-8023

Board of Directors
Chimney Lakes Owners Association (CLOA)
C/O Property Management Systems Inc.; Registered Agent for CLOA
P.O. Box 1987
Yulee, FL  32041-1987
Facsimile: (904) 225-0790

                                                                        __William F. Lewis Jr._ 
                                                                                                    PLAINTIFF


 
SCANNED VERSION
 
IN THE COUNTY COURT OF THE
FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA.
CASE NO :   02 04294 SP
DIVISION:   F
William "Bill" F Lewis Jr
XXXXXX
Jacksonville, FL XXXXX
         Plaintiff,

vs.

Board of Directors
Chimney Lakes Owners ASSOC (CLOA)
2215 E SR 200
Yulee, FL 32097
         Defendant,
_____________________

                                                  FINAL JUDGMENT

        THIS CAUSE came on for Trial and the Court having heard evidence and being
otherwise advised in the premises, it is,
        ORDERED:
        That Plaintiff recover from Defendant, the sum of $500.00 on principal, plus costs
herein taxed at $75.50, that shall bear interest at 9% per year, for all of which let execution
issue.
        DONE AND ORDERED this October 18, 2002, in Chambers, at Jacksonville, Duval
County, Florida. 

                                                                                     ORDER ENTERED
                                                                                       OCT 22, 2002
                                                                                       (Signed) JAMES A. RUTH
                                                                                       _________________________
                                                                                        JUDGE

Copies:

Plaintiff

A. Jeffrey Tomassetti, ESQ
P 0 Box 1443
Fernandina, FL 32053-1443

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