May 8, 1989 - August 1990
Case No. 89-0027 Div. E: Re Covenant C-14
After numerous warnings, Siesta Isles Association filed a complaint with Sarasota Circuit Court for a property owner to remove his RV from his property. We prevailed there on April 19, 1990. Defendant appealed to the Second District Court in Lakeland where he lost. He removed his RV and paid Siesta Isles attorney fees of $2,100.
April 2004 - October 2005
Case No. CA3408NC: Re Deed Restriction Validity
Plaintiff took the position that our Deed Covenants in Section Unit 3 were not valid for her lot and was not subject to our Covenants, and that the Association was prohibited from enforcing them. Sarasota Circuit Court ruled in our favor May 4, 2005
In Case No. 2D05-2833, Plaintiff appealed to the Lakeland Appellate Court and lost there on October 26, 2005. The Court held that our Deed Covenants were valid.
2004 - 2008
Case No. CA7454NC: Re Covenant C-1
Case No. CA7784NC: Re Covenant C-1
In 2008 the Association prevailed in a legal case brought by a property owner who wanted to build two (2) livable stories above garages. The Association held that Covenant C-1 was not being adhered to, which states that no dwelling shall be erected that exceeds two (2) stories in height. The Court determined that the garage space counted as one story and property owner adjusted his house plans which were then approved by the SIA Board.
The Association, through its attorneys, also recovered $6,500 in non-attorney fees relating to the Siesta Isles Association case preparation.
Case No. 2009 CA13333NC: Re Covenant C-14
On January 29, 2010, the Twelfth Judicial Circuit Court for Sarasota County entered final judgment against the owners of Lot # 72 in the Association’s favor (Case No. 2009 CA13333 NC).
As a result, they are permanently enjoined from: (a) parking or permitting unauthorized vehicles to be parked; (b) constructing a carport or other structure unless they comply with the restrictive covenants by submitting documentation and obtaining Association approval; (c) refusing or interfering with the Association inspections and fulfillment of duties. The Association is expressly empowered to enter their property, remove unauthorized vehicles, inspect and measure structures thereon. The Association also was awarded $1,101.16 which will operate as a lien on their property.
The court specifically noted that lot owners, their guests, tenants and/or licensees are all bound by the covenants and cannot violate or interfere with their enforcement.
The case marks the fourth consecutive time since 2004 that SIA restrictive covenants have been judicially upheld, including the confirmation of their validity by the Second District Court of Appeal. Each time, the Association successfully obtained cost judgments against the lot owners who were trying to invalidate or refusing to comply with the covenants.
This decision is a significant achievement in the Board’s quest to properly and effectively fulfill duties owed to lot owners.