BOCA RATON, FL (Boca Post) (Copyright © 2025) — A Boca Raton homeowners’ association has gone to court over a backyard dispute that, on paper, is about easements, sheds, and who gets to use what land.
The lawsuit was filed by Parkside at Boca Trail Community Association, Inc. against homeowners Martin A. Zucker and Tania G. Zucker, a married couple who own and live at 819 Parkside Circle North, inside the Parkside at Boca Trail community.
It’s Parkside at Boca Trail Community Association, Inc. v. Martin A. Zucker and Tania G. Zucker, Case No. 502025CA012951XXXAMB, assigned to Division AD in Palm Beach County Circuit Court. The complaint was filed on December 12, 2025.
According to the filing, the association governs the Boca Raton neighborhood and owns certain common areas within the development. Homeowners, the complaint says, are allowed to use those common areas, but only on a non-exclusive basis. The association alleges individual residents are not permitted to take over or occupy common property for private use.
The case centers on a portion of land next to the Zuckers’ property and a structure the association refers to as a “Modern Shed.”
The complaint states that the community’s governing documents require written approval from the Architectural Control Committee before homeowners can build or install exterior structures. The association alleges that approval was never granted for the shed or related improvements.
There’s also an easement involved. According to the lawsuit, a document titled “Perpetual Exclusive Easement” was executed on or about September 21, 2021. That document, the association alleges, purports to grant the Zuckers an exclusive easement over a section of HOA-owned common property that borders their lot.
The easement document, as described in the complaint, states that the association retains fee simple ownership of the land but grants an easement described as both “exclusive” and “perpetual.” The filing says the easement language references construction of a pool and related structures.
But the association claims the easement does not authorize the construction or continued use of the shed now at issue.
According to the complaint, the Zuckers built and maintained the Modern Shed without completing the required architectural approval process. The association alleges the structure encroaches onto common property and that the homeowners have treated the area as an extension of their private backyard.
At some point, the filing says, the association sent notices and written demands asking that the shed be removed and the area restored. Those demands, the association alleges, were not complied with.
The lawsuit also outlines steps taken before the case was filed. The association alleges it served a statutory pre-suit mediation notice on or about September 15, 2025, as required under Florida law for certain HOA disputes. Both sides participated in mandatory mediation, according to the complaint, but the dispute was not resolved.
Three counts are asserted in the lawsuit: a claim for injunctive relief, a claim for breach of contract based on the association’s governing documents, and a claim for declaratory relief. Through those claims, the association is asking the court to determine the validity and scope of the alleged easement and to rule on the parties’ rights related to the disputed property.
Among other remedies, the association is asking the court to order the homeowners to stop exclusive use of the common property, remove the shed and any unapproved improvements, and restore the area to its prior condition. The complaint also seeks permission for the association to enter the property and perform the work itself if the homeowners do not comply, with costs charged back to them.
The association is also seeking damages in an amount to be proven at trial, along with attorney’s fees and court costs as allowed under the governing documents and Florida law. A jury trial has been requested.
Just another HOA fight, but this one’s now in a courtroom.
The association is represented in the case by Shir Law Group, P.A., with Guy M. Shir listed as counsel. The allegations outlined in the complaint have not been proven in court.
The original document, as filed with the Palm Beach County Clerk of Court, can be viewed here.
