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42 Homeowners suing Paradise Gardens for Housing Fraud
• Paradise Gardens One never got homeowner approval to transfer titles to senior community status and failed to notify institutional lenders as required by HOA covenants.
Sunday,
August 8, 2010
In a 74-page lawsuit filed in Broward County District Court in April, 42 homeowners residing in the Paradise Gardens One Homeowners Association in Margate are suing their Board for Fraud, Familial Status Discrimination and 33 counts of Slander of Title for unlawfully perpetuating a 55 and older community.
Plaintiffs also seek Injunctive Relief against a 2006 revitalization they say is fraudulent. Plaintiffs' attorney said PG One submitted falsified documents to Florida's Department of Community Affairs, the state agency charged with approving community revitalizations.
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Plaintiffs contend in the lawsuit that age restrictive covenants submitted to public records in 1996 and 1999 by Paradise Gardens One (PG One) were illegal, and as a result of expired CCRs (covenants, conditions and restrictions) between years 1999 and 2006, the PG One Board jeopardized homeowner titles by acting capriciously in their egregious enforcement of covenants - including the eviction of homeowners under the age of 55 - during a period which Florida's Marketable Record Title Act (MRTA) renders community associations powerless to enforce title restrictions of any kind.
Plaintiffs in the lawsuit are between ages 25 and 75 and include married, married with children, widowed and single men and women. Plaintiffs comprise a spectrum of ethnic backgrounds and religions and had either bought homes in the PG One community before it allegedly obtained its 55 and older status in 1999, or purchased homes during covenant expiration between years 1999 and 2006.
During the six-year period PG One covenants were expired as a result of MRTA, plaintiffs notified the PG One Board that they were not interested in revitalizing with PG One and had formed their own bona fide Homeowners Association, Paradise Gardens V, under the 720 statutes and entered it into public records in June 2006.
Since, the Paradise Gardens One Board has harassed PG V members for fees despite cutting off their services, placed liens on their homes and have even threatened homeowners with foreclosure, which they are powerless to do, said Plaintiffs’ attorney Inger Garcia.
Garcia is concerned that home buyers new to Paradise Gardens One aren't being told about this lawsuit, jeopardizing titles to thier new homes and negatively impacting lifestyles, especially if buyers' intention is to purchase a home in a legitimate 55 and older community.
“This Association has been fraudulently masquerading as a 55 and older community for more than ten years,” Garcia said. “It’s time to put an end to this charade.”
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