BRADENTON BEACH – A July 28 hearing is scheduled for a judge to decide on a motion filed by Pines Park Investors LLC to dismiss a lawsuit filed against them by the Pines Trailer Park Homeowners Association (HOA).
The July 28 hearing will be held at 2:30 p.m. via Zoom video conferencing with Circuit Court Judge Edward Nicholas presiding.
The Pines Trailer Park Homeowners Association filed the lawsuit on March 28 in the 12th Judicial Circuit Court, asking in part for an injunction against the park closure and threatened evictions.
Represented by Sarasota-based attorney David Fredericks, the lawsuit claims park ownership failed to comply with state law which rendered the park closure as invalid. The suit also alleges park ownership failed to fulfill its obligations in good faith, did not maintain the park’s common areas and did not provide adequate parking in accordance with the city of Bradenton Beach’s land development code.
Representing Pines Park Investors LLC, Davie-based Attorney Shawn Arbeiter, filed a 25-page motion to dismiss on May 5 that laid out the ownership group’s reasons for the dismissal request
The motion to dismiss maintains the evictions and park closure were done in accordance with Florida Statute 723, which governs mobile home parks.
The motion claims the HOA does not have authority as a properly formed HOA to represent all the Pines homeowners.
The motion states the Right to Purchase notice given to homeowners to purchase the mobile home park for $75 million complies with state statues.
Related coverage:
Pines homeowners sue Pines park owners
