Documents & Legal
In chronological order below are the Siesta Isles Association legal actions and documents entered into state and county records for the purpose of establishing Siesta Isles as a non-profit corporation under and by the laws of the State of Florida. The Siesta Isles Association Covenants and a copy of the 501(C)4 IRS certificate are provided as downloadable pdfs.
Major court cases instituted by Siesta Isles Association to protect our Covenants are also noted. In all cases, the Association has prevailed through its due diligence, fair and impartial treatment of property owners and the maintenance of accurate records of its enforcement practices.
In all matters regarding Covenants, the Association endeavors to settle conflicts and disputes as friendly neighbors. The Board of Directors explores every avenue to avoid taking legal action. However, it will do its fiduciary duty to enforce our Covenants when tested or ignored.
Throughout our history, the Association has also brought numerous small court claim cases on a variety of Covenant violations. Most were for ground maintenance issues (i.e., mowing, tree trimming, cleaning mildew roofs, etc.). All were adjudicated in favor of the Association and we recovered our monetary cost in all cases, the highest of which was $1,200 and the lowest $200.
We advise all property owners to discuss their grievances regarding Covenants with the Board before taking legal action.
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DECEMBER 1962 — Siesta Isles Association was incorporated as a voluntary, non-profit homeowners' association under the laws of the State of Florida consisting of nine (9) separate units with different Deed Covenants in many units. |
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May 8, 1989 - August 1990 April 2004 - October 2005 2004 - 2008 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. 2009-2010 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. |
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