A Court’s opinion doesn’t have to say much to say a lot…the District Court of Appeal of the State of Florida, Fourth District, reverses a foreclosure judgment where the claim of lien overstated the amount actually due. The only case cited in the opinion, Saar v. Wellesley at Lake Clarke Shores Homeowners
Ass’n, 68 So. 3d 417 (Fla. 4th DCA 2011), found against the Association, holding:
What can be gleaned from this record is that the association and its accounting methods were woefully inadequate to correctly ascertain and give notice of the amounts claimed to be due. Because of this imperfect record-keeping, the association did not make a proper claim of lien, nor did it give sufficient notice in its complaint of its claim. Had it done so, in all *420420likelihood this case would not have even been filed. Saar showed that she consistently made the payments required and had detailed records to support her payments, many of which were not properly credited by the association. She paid all sums due in accordance with the notices and claim of lien.
Good record keeping and correct accounting are critical in any assessment collection case.
Cuius est solum, eius est usque ad coelum et ad inferos (For whoever owns the soil, it is theirs up to Heaven and down to hell.)
New technologies continue to chip away at common law principles of real property ownership and present questions about the scope of community association authority.
Community associations facing issues related to the use of drones may have authority to enact rules and regulations related to the use of drones (through the conduct of owners), but that scope of authority must be strictly scrutinized.
As provided in this article, amending an association’s governing documents may be the best approach to address drone usage, if such usage creates issues within a community.