Homeowners in Valencia Bay, Florida have filed a lawsuit against the Valencia Bay Homeowners Association for the planned removal of more than 300 oak trees throughout the community. Members of the HOA were notified on May 4th, 2022 that the removal was set to begin later in the month and be completed by July 2022. The HOA was not clear as to why it intended to have the trees removed or what problem the trees posed that necessitated their removal. 

HOA Targets Oak Trees Only a Few Years Old 

When the Valencia Bay neighborhood was planned and built by GL Homes just a few years ago, the oak trees were brought in and planted. They have not yet reached maturity and require ongoing maintenance, which can be expensive. Area homeowners suggest this may be the reasoning behind the shift. They contend that landscaping is a native part of running an HOA and an appropriate amount of annual fees paid into the organization should be reserved for lawn and garden care. 

Lawsuit Fires Back 

In the lawsuit, homeowners point out the many benefits the trees have for the community. “The Association intends to remove 212 Oak Trees located on individual privately owned lots and 131 oak trees located in the common areas. The subject oak trees beautify the community, provide a common character for the community which strengthens property values, provide shade and relief from the heat of Florida summers, and serve as nesting shelters for many native birds, including the mockingbird.”

It’s currently unknown how many homeowners have joined the lawsuit, but at least one will be represented. The lawsuit also alleges that the HOA violated Palm Beach County law by failing to file a Vegetation Remove and Replacement form. 

Comprehensive Legal Representation for South Florida Real Estate Disputes 

If you are involved in a real estate dispute with an HOA as a property owner, it’s important to secure adequate legal representation to defend your best interests. The HOA likely has access to good legal resources, which can be difficult to go up against on your own. 

Feinstein Real Estate Litigation & Business Law is an experienced Florida litigation firm that can help you protect the value you’ve invested in your property. Call today to book an appointment for a consultation in our comfortable Fort Lauderdale office by dialing 954-767-9662.

Governor Ron DeSantis of Florida (R) has convened a special legislative session to discuss proposals to make property insurance more affordable within the state. Continue reading to learn about the property insurance in Florida and how an experienced real estate litigation attorney can help you overcome ownership, construction, and insurance disputes should they arise. 

DeSantis Calls For May Legislative Session 

DeSantis has scheduled a special session in a pronouncement to address a variety of concerns regarding the state’s current insurance industry. DeSantis is considered a major contender for the Republican presidential nomination in 2024. The special session in Florida will begin on May 23rd and go through May 27th. 

Issues At Hand Described By the DeSantis Administration 

Per DeSantis’ administration, the issues that will be brought forth during the special session include allegedly “frivolous” lawsuits. Although Florida only constitutes 9% of the nation’s total number of homeowners’ insurance claims, it accounts for a staggering 79% of the country’s homeowners’ insurance lawsuits. Other issues to be addressed include $2B in underwriting losses over a two-year period and the bankruptcy of four homeowners’ insurance providers. The state will also decide if it should act to stabilize the insurance market as a whole.  

Assured Research Makes a Statement 

“The order doesn’t mention the possible downgrade of ‘a number of companies’ as dominant. But we suspect the downward spiral of the publicly traded parent of FedNat Insurance Company following its April downgrade to ‘S’ (Substantial) from ‘A’ (Exceptional).” The company continued, stating that “if a substantial hurricane makes landfall in FL this season the problems could be worse, though we suppose the state could leverage its public finance mechanisms (e.g., a bond issuance or tapping the FHCF in creative ways) to make homeowner’s whole – it is an election year for the FL Governor, after all.”

How to Get Help Fighting a Real Estate or Insurance Dispute In Florida  

Are you involved in a real estate or insurance dispute in South Florida? Don’t hesitate to get the legal representation you need to ensure the outcome of your case is successful. Reach out to Florida real estate litigation law firm Feinstein Real Estate Litigation & Business Law at 954-767-9662 today for a consultation to discuss the specifics of your case. We can help protect your Florida business and real estate holdings under the law and to the best of our abilities.