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Florida homeowners sue HOA over $13,000 roof bill after contractor was paid before vote

"I'm not going to let a company bully me out of my own home."

The Vistas at Phillips Commons.

Photo Credit: Facebook

A group of Florida homeowners is suing its homeowners association and property management company after a communitywide roof project left residents facing bills of more than $13,000 per home, with records allegedly showing the contractor had already been paid a $232,000 deposit before a public vote.

Here's what to know

The fight centers on Vistas at Phillips Commons, a 160-unit development in the Dr. Phillips area, where several residents told WKMG ClickOrlando they don't believe the board handled the project transparently.

Resident Kenneth Yuret and several other homeowners filed suit against their HOA and its property management company over the special assessment linked to the roof work. The assessment totaled $2,105,237.34, or $13,157.73 per unit.

The board later held a June 22 meeting described as a public discussion and vote on the roofing project and contractor. The lawsuit, however, calls that meeting a "sham," alleging HOA records show a $232,000 deposit check was sent to the contractor on June 10, or 12 days earlier.

Yuret, who has lived in his townhome for nearly 20 years, said he doesn't think his roof needs to be replaced. "Mine is in great condition," he said.

The homeowners' complaint says the HOA and the property management company violated Florida law by entering into the roofing contract and using association funds without a properly noticed open meeting and a lawful vote approving it.

More background

Florida Statute 720.303 generally requires HOA board meetings to be open to members and includes notice requirements for meetings where special assessments are considered.

Residents said the June 22 meeting attracted a large turnout. "It was a large group of residents," Yuret said, according to WKMG. "It was 100 people there or more."

The lawsuit also claims the HOA board and the property management company are under investigation in a separate matter tied to alleged financial irregularities and fraud. Orlando police told WKMG they have an active criminal investigation, but did not release further details.

What's being done?

Yuret and the other homeowners are using HOA financial records to challenge both the assessment and the roofing project itself.

Those records, which Yuret requested, are central to the lawsuit. Referring to the June 10 check, he told News 6, "This is the smoking gun. It was shocking." The case turns in part on whether the board followed open-meeting and notice rules before approving major spending.

Separately, Orlando police said their criminal investigation remains active. The civil lawsuit is moving forward alongside that law enforcement review, though officials have not said what conduct they are examining.

Yuret made clear that he does not plan to back down. "I'm going to fight til the end," he said, according to WKMG. "I'm not going to let a company bully me out of my own home."

Where can I learn more?

This isn't the only case of homeowners clashing with an HOA over high costs and board authority, as these articles show.  

• An HOA president hit one homeowner with a $50,000 lawn demand over the front yard.

• After years of fees, one resident challenged vague HOA lawn requirements driving up costs.

• After years without issues, a homeowner had to lawyer up over a new HOA demand.

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