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JOHN P. CARROLL,
Defendants.
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this Court in this action, all parties to this action are located in this jurisdiction, the
documents to be construed have been recorded in the Walton County Official Records,
the property that is the subject matter of this action is located in Walton County and the
actions that are the subject matter of this suit occurred in Walton County.
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“Conditions”) first recorded in the Official Records of Walton County on September 10,
2001. (Exhibit A)
Restrictions into the Official Records of Walton County, however none mention the
assessment or any similar assessment to the assessment that is the subject of this
declaratory action.
4. At some point between the period of September 10, 2001 and March 26,
award WaterSound the authority to assess, lien and collect unexhaustable “monthly
benefited assessments” against individual lots, owners, past owners, future owners or
builders. (Exhibit B)
without following the Condition’s notice, vote or right to hearing procedures. There is no
provision in the Conditions for the creation of a “special benefited assessment”. If this
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If the “monthly benefited assessment” is actually a benefited assessment, it’s birth and
substituted the Condition’s notice requirements, voting regulations and hearing rights of
members with an e-mail notice apparently sent to Builders and Architects intended to
notify all homeowners of the new assessment. (Exhibit C) This e-mail notice of a newly
created Compliance Bulletin #16 does not meet the notice requirements, voting rights or
opportunity for a hearing before levying any assessments as called out in the Conditions.
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It’s unclear how the ARB finds it’s posture of authority to undertake enforcement and
notification. They have no such authority when reading the Conditions. The ARB’s
venue might be “Design Guidelines”, but even then, Lot 24 would be unaffected by
Compliance Bulletin #16 because Lot 24 commenced prior to March 26, 2009. At
expenses incurred against all owners; they are not coercive or punitive in nature.
conditions leading to the issuance of assessments against Lot 24, WaterSound Beach.
(Exhibit D)
assessment and enforcement against it’s members without following the notice, voting
Assessment” to Plaintiff’s title company which certified that title to Lot 24 would not be
incomplete construction”. This was the eve of a sensitive, planned and multi-party re-
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finance closing in which time was of essence. (Exhibit F)
with expanding “monthly benefited assessments” which have now reached $7,000.00.
DECLARATORY JUDGEMENT
13. Plaintiff repeats and realleges each and every allegation contained in
whether WaterSound is entitled to assess, express liens and attempt to enforce collection
15. To protect it’s rights and interests, Plaintiff requires a Declaration that
WaterSound does not have the authority to assess, express liens or attempt to enforce
WHEREFORE, Plaintiff requests this Court take jurisdiction over this matter and
16. That this Court determine and declare that WaterSound does not have the
18. Grant such other further relief as may be just and proper.
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_____________________________
John P. Carroll
Box 613524
WaterSound, FL 32461
Tel: (850)231-5616
Fax: (850)622-5618